Virginia Regulatory Town Hall View Comments

Department of Professional and Occupational Regulation

Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals

Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Regulations [18 VAC 160 ‑ 20]

Action	Amend regulations to license onsite sewage system professionals.
Stage	Proposed
Comment Period	Ended on 3/6/2009

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2/19/09 2:40 pm

Commenter: EHS - Fairfax County

New Regulations

The recommended regulation changes proposed by the Board for Waterworks and Wastewater Works Operators Regulations have been discussed in great detail by many others that have a stake in the impact of the regulations. I wanted to comment on some of the descriptions presented in the Virginia Register of Regulations. I hope my comments and others’ comments are meaningful enough to show the Board and the Department of Professional and Occupational Regulation (DPOR) that it is time to revisit, in detail, these regulations.

Basis: Section 54.1-2301 C of the Code of Virginia states that

the board shall establish a program for licensing individuals

as onsite soil evaluators, onsite sewage system installers, and

onsite sewage system operators. Further, the board, in

consultation with the Board of Health, shall adopt regulations

for the licensure of (i) onsite soil evaluators; (ii) installers of

alternative onsite sewage systems as defined in § 32.1-163;

and (iii) operators of alternative onsite sewage systems as

defined in § 32.1-163. Such regulations shall include

requirements for (a) minimum education and training,

including approved training courses; (b) relevant work

experience; (c) demonstrated knowledge and skill; (d)

application fees to cover the costs of the program, renewal

fees, and schedules; and (e) other criteria the board deems

necessary.

The above Basis for the regulations was intended for onsite soil evaluators, onsite sewage system installers and onsite sewage system operators. None of these classes of professionals resemble or require the same qualifications as Waterworks Operators (Drinking Water?) and Wastewater Works Operators. The concrete and steel of major treatment plant operations mostly found in the public water and public sewerage industry.

The onsite sewage disposal systems evaluators, installers and operators should be licensed on their own merit and not bunched with a completely different subset of professionals. Certified Professional Soil Scientist (CPSS) are currently regulated by DPOR. Why move them to a different class? These are professionals that worked hard to become CPSS.

Purpose: The Virginia General Assembly, as evidenced by

passing relevant legislation during the 2007 session,

considered the regulation of onsite soil evaluators, sewage

system installers, and sewage system operators as essential to

protecting the health, safety, and welfare of the citizens of the

Commonwealth. The board has adopted the proposed

amendments to its existing regulations to implement the

regulation of onsite soil evaluators, onsite sewage system

installers, and onsite sewage system operators as mandated by

the provisions of Chapters 892 and 924 of the 2007 Acts of

Assembly.

As you can see in this paragraph from the Virginia Register the purposed regulations in the paragraph do not address Waterworks and Wastewater Works Operators. The regulations are intended for onsite soil evaluators, onsite sewage system installers and onsite sewage system operators (Does this mean every citizen that maintains an onsite sewage system on their property must be licensed as an operator?). Onsite sewage system operators are nothing like a Waterworks or Wastewater works operator. Why place them in the same category. Was this a list minute attempt to get regulations out for comment?

The goal is to transfer the existing Department of Health

regulatory program for onsite soil evaluators to the

DPOR and to establish a new regulatory program for onsite sewage

system installers and operators with a minimum adverse

impact on commerce. Additionally, the goal includes assuring

that competent professionals are available to the public in

need of onsite sewage system products and services. The

environment benefits by having onsite sewage systems

planned, installed, and operated by competent individuals

who can best guide the consuming public in managing

wastewater so as to avoid adverse impact. The public will be

readily able to identify and access the services of competent

individuals through a regulatory program that does not

currently exist.

Based on the proposed regulations these regulations will have a negative impact on commerce. The Health Department already has a program in place that is working well on the local levels. It has been in place for many decades. It has been a positive impact to commerce of the onsite sewage industry in the State. Just look at the number of onsite sewage disposal system that exist and function satisfactorily in the Commonwealth.

These regulations are going to require small businesses (contractors/installers) already licensed under DPOR regulations (Class A, Class B and Class C) to obtain a new license to install onsite sewage disposal systems and operate onsite sewage disposal systems. Why? They know their business. The cost to the contractors to maintain the new license will push some out of business. Most have not even heard of the new regulation requirements. Is this the affect we want on our already fragile economy?

The cost of maintenance and upkeep of onsite sewage disposal systems to home owners will escalate as cost to installers and service providers is passed to them. I find it hard to believe that the public will be readily able to identify and access the services of competent individuals through a regulatory program that does not currently exist as mentioned in the register..

Impact to current Virginia Department of Health Employees (VDH) is substantial. Did anyone evaluate this impact? There are 260 VDH Environmental Health Specialist working in the onsite sewage system program. Of those only 50 are currently VDH approved AOSE’s. Why is that? Because in order to function as a VDH employee you were not required to be an AOSE. Since the beginning of the program many VDH employees let their AOSE designation expire because of the cost and available training opportunities. There are 150 of these employees who could qualify as VDH AOSE’s in order to get the interim designation required by the DPOR licensure.

A striking fact is there are approximately 60 VDH Environmental Health staff that will not qualify. These employees were hired to work in the onsite sewage system program in good faith. They have all been trained by VDH staff to work in the onsite sewage disposal program. It is not their fault.

Some options that have been discussed by VDH’s central office OEHS is to train as many as possible of the VDH Environmental Health professional to qualifying as a VDH AOSE prior to July 1, 2009. A quick fix that will be very costly to all localities. I don’t think the regulations were intended to have this negative impact. This is a last minute attempt to get around the regulations. This training is going to cost each locality a large some of money based on salaries and paid trainers. The Acts of the Assembly were passed and signed by the governor almost 2 years ago and we are just getting around to training existing VDH staff.

Today, VDH is cutting programs to meet strict budget requirements. These proposed regulations need to be postponed or put aside until a viable transition plan is in place for all stake holders. There needs to be a committee of all stake holders who know the onsite sewage disposal program to insure affective regulations are in place that will not adversely impact so many people (citizens, small businesses, developers, home builders AOSE’s, CPSS’s and VDH employees).

In the register the Department of Planning and Budget determine that the proposed regulations will have a disadvantage of higher cost for sewage disposal and service providers without voicing a strong concern to minimizing adverse impact on all those people affected by the proposed regulations. It seems logical to look at this impact further.

Public Participation: In addition to any other comments, the

board/agency is seeking comments on the costs and benefits

of the proposal and the potential impacts of this regulatory

proposal. Also, the board/agency is seeking information on

impacts to small businesses as defined in § 2.2-4007.1 of the

Code of Virginia. Information may include (i) projected

reporting, recordkeeping, and other administrative costs; (ii)

probable effect of the regulation on affected small businesses;

and (iii) description of less intrusive or less costly alternative

methods of achieving the purpose of the regulation.

We have not seen anywhere that the board/agency has reached out to small businesses for impacts. Most of the small businesses (installers, maintenance contractors and pumpout contractors) in this region have not heard or seen the proposed regulations.

In closing I want to state all the comments located on the Virginia Regulator Townhall Web page by AOSE’s, Engineers, VDH employees and others are valid. Please note that the majority are negative comments directed towards the proposed regulations. Please read all the comments as positive one way or the other from all of those most impacted. The numbers are not small. Changes to the regulations are necessary to protect everyone.

CommentID: 6851