I am opposed to the job of soil evaluator of any type being placed under any board

other than the Board for Professional Soil Scientists and Wetland Professionals. 

Expertise in the field of soil evaluation lies with that board. As a professional I

feel it is  it insulting and an abuse of government power to regulate the occupation of soil

evaluator outside the board governing technical expertise in that field. Although

the legislature gave this responsibility to the Board of Waterworks, the recently

expanded board does not include a representative from, or endorsed by, the recognized

and established Board for Professional Soil Scientists and Wetland Professionals or the

professional organization representing Professional Soil Scientists throughout the

state, the Virginia Association of Professional Soil Scientists.   

Although these regulations seek to regulate soil evaluators, no definition of soil,

soil evaluation or practice of soil evaluation is given. I request that these

proposed regulations include the terms soil, soil evaluation, and practice of soil evaluation as defined in the regulations governing professional soil scientists. I also request the requirement that any disciplinary action arising under these regulations founded in a technical or interpretive point be adjudicated in consultation with the Board for Professional Soil Scientists and Wetland Professionals. 

These regulations represent to me the culmination of the privitization of the role of

public health sanitarian, at least in the realm of locating and designing sanitary

services in areas not served by public water and wastewater. When the veil of

bureaucratic fog is lifted this is the job that these regulations actually seek to

regulate. Historically, this has been under the Virginia Department of Health. 

These regulations do not adequately define the job of onsite soil evaluator as it

exists today. I request that the definition of on site soil evaluator,

conventional and alternative, be expanded to include the design, inspection and

certification of onsite sewer systems as well as certification of sites for placement

of onsite sewer systems. I feel it is very bad public policy to regulate qualifications for a job in

one set of regulations and define the duties and responsibilities of that job in

another. In relation to professions and occupations, I do not understand how the who

and the what of a regulated group can be separated when that group, on site soil evaluators, has been brought into existence only to service one specific micro sector of the economy, people who

need to get on site sewage system construction permits from the Virginia Department

of Health. 

It is my opinion that these regulations are fundamentally flawed in the respect that

they seem to make the assumption that soil evaluation is different for different

types of on site-sewer systems. In a true soil professionals model, the soil of a

specific site; that area evaluated, delineated, and described by the soils

professional, is a constant - and design considerations arise from the interpretation

of the site specific conditions described in, and current and proposed uses of, the

delineated and surrounding area.

The real life situation arising from the current system is that in order to

adequately protect the public, designs for on site sewer systems become more complex

as soil and site conditions become more limiting.   As soil and site conditions

become more limiting, more expertise in the interpretation of soil and site

conditions is needed to adequately design on-site sewer systems.   So it is

appropriate to have a tiered system where the most experienced people prepare designs

on the most difficult sites.    However there needs to be a corresponding level of

technical expertise and training in soil interpretation required and demonstrated as

well. Therefore I request a requirement that all Alternative On Site Soil Evaluators

also possess or meet the qualifications for certification as a Professional Soil

Scientist.   An alternative would be to recognize that soils evaluation and on site

sewer system design are two different things and structure the regulation

accordingly. This is to me would be the better alternative. 

Regarding continuing education I request that at at least half of the CEU hours required

for on site soil evaluators be in a soil science related field such as field

characterization, soil genesis and geomorphology, soil hydrology and hydrogeology,

soil taxonomy, soil chemistry, soil mapping, and related subjects. Out side of a one

week VDH course in soils most non CPSS AOSE's have very limited training in

professional soil evaluation. The proposed requirements for licensure of On-site

soil evaluators place a premium on experience- just about any body with enough

experience who passes the test can get licensed. It should be recognized that from a

soil interpretation perspective this experience is most often gained and applicable

within a very limited region of the state and that the most extensive training in

soils that the non CPSS AOSE has received has come from co workers and supervisors

with equally limited formal soils training.   Requiring CEUs specifically in soil

science assures that the professional technical competence of the workforce as a

whole will be elevated. 

Regarding the interim period. I request that the interim period be eliminated and

that the board be prepared to accept applicants before the effective date of of  the

regulations. I request that all applicants who possess a valid certification as an

AOSE or CPSS on the effective date of the regulations be licensed as Alternative

On-site Soil Evaluators. This will assure an immediate adequate supply of qualified

applicants. I also request that the effective date be delayed until July 2010.

I also request that Virginia Department of Health employees be exempt from the

requirements of this regulation for conventional on site soil evaluator as long as

they are employed by the health dept. performing duties in relation to their

employment. I also request that health dept employees not be allowed to hold a

license as a conventional or alternative on site soil evaluator.  This assures a

clear distinction between public and private sector interests and avoids potential

conflicts of interest that may arise from public sector employees maintaining private

sector licenses. 

Also to avoid potential conflicts of interest I request that onsite soil evaluators,

conventional or alternative, be prohibited from holding a license as an installer of

on site systems.   Also to avoid potential conflicts of interest I request that on

site soil evaluators, conventional or alternative, be prohibited from serving as a

representative of, or distributor of, products.    I request that compensation for

consideration of proprietary products in work output be expressly prohibited.