To: The Board of Waterworks and Wastewater Operators and Onsite Sewage Professionals
 David E. Dick, Executive Director
 9960 Mayland Drive
 Suite 400
 Richmond, VA 23233

From: The Virginia Association of Professional Soil Scientists (VAPSS) and 
 the Virginia Association of Authorized Onsite Soil Evaluators (VAAOSE)

Re: VAPSS and VAAOSE position statement (from joint meeting held on February 2, 2009) regarding proposed regulations through the Board of Waterworks and Wastewater Operators and Onsite Sewage Regulations [18 VAC 160-20]

CC: VAPSS Board
 VAPSS Membership
 VAAOSE Board
 VAAOSE Membership
 General Distribution

The Virginia Association of Authorized Onsite Soil Evaluators (VAAOSE) and the Virginia Association Professional Soil Scientists (VAPSS) joined together take the following position regarding the proposed regulations within the Board of Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals (BWWW):

The proposed regulations define licensure and regulate “Onsite Soil Evaluators” as a portion of the regulations. While neither VAPSS nor VAAOSE support the Onsite Soil Evaluators (OSE) being regulated by the Board of Waterworks and Wastewater Works, we understand that the law passed in 2007 requires this transfer. 

VAPSS and VAAOSE read the proposed OSE regulations as exclusively pertaining to the design components of an onsite wastewater disposal system and do not address components of “soil evaluation”.

Under VDH the role of the existing AOSE is much broader than the definitions given in the proposed regulations. In order to clarify the duties and responsibilities of an OSE we request that the definitions of OSE be expanded to include design, inspection, and certification of on-site wastewater disposal systems.  

VAPSS and VAAOSE request that the proposed OSE be limited to the design, inspection and certification of onsite wastewater disposal systems, and not the soil evaluations. This position is supported by the fact that there is no difference in soil evaluations for conventional versus alternative systems. Our Associations propose that all soils and site evaluations for the purpose of onsite wastewater disposal systems be conducted by a Certified Professional Soil Scientist (CPSS) who is governed under the existing Board of Professional Soil Scientists (PSS). The Board of PSS already defines qualifications for certification, examination and experience as well as standards for the practice of soil evaluation, we recommend an amendment that DPOR defer to PSS Board and accept these standards and qualifications already established for any professional conducting soil and site evaluations. Since the existing code for the BWWW does not address or define soil evaluations, we believe that there is flexibility for the BWWW to allow our aforementioned proposal.

Neither VAPSS nor VAAOSE agree with documentation and testing requirements for current CPSS’s and AOSE’s as set forth in the proposed regulations. As CPSS’s and/or AOSE’s, individuals were already required to document their experience and pass an exam to get their respective credentials from either DPOR or VDH. These individuals should not be required to become “interim” evaluators to be tested again. Instead, VAPSS believes these individuals have demonstrated their education, experience and knowledge previously and should be grandfathered as a licensed OSE. In addition, we believe that due to current AOSE’s experience and knowledge in the field of soils evaluations for onsite wastewater disposal systems that all current AOSE’s be grandfathered as an OSE and CPSS. We do believe and support the requirement for continuing education requirements, provided it is readily available throughout the state and not overly expensive and that at least half the credits required be in soil science.  

VAPSS and VAAOSE request an amendment that CPSS’s and AOSE’s currently certified under either DPOR or VDH, may continue to prepare site and soil evaluations for onsite wastewater disposal systems and submit reports to VDH as licensed professionals as long as the system design has been evaluated or prepared by an OSE or a PE. This option is currently not evaluated or included in the regulations. 

VAPSS and VAAOSE object to regulations that mandate Soil Scientists, who perform soil evaluations in the onsite industry, to pass an exam that also includes engineering design. In the proposed interim period, anyone person doing soil and site evaluations must be a current AOSE or CPSS. We recommend an amendment that after the interim period, persons wishing to do both soil and site evaluations and the design on-site waste disposal will have to possess a certification as a CPSS and an OSE.