In the real world there are four (4) onsite wastewater practitioners to be licensed:     Onsite Soil Evaluators, System Designers, System Installers and System Operators.

The proposed Installer and Operator regulatory requirements are relatively straightforward. The  Onsite Soil Evaluator regulatory requirements are confusing. There is no clear understanding of System Designer, since it doesn’t appear to exist except as embedded in Onsite Soil Evaluator.

Onsite Soil Evaluators (for all system designs) should be regulated by the Board for Soil Scientists and Wetland Professionals, which presently certifies these individuals. Licensing, as required, could be established by a legislative amendment. All necessary definitions and regulatory requirements are in place. There should be no distinction between conventional and alternative soil evaluators. This Board can address the distinction between types of onsite soil evaluators, as necessary. AOSE’s absent CPSS credentials can qualify for (certification) licensing as in prior years.

The Waterworks Board should regulate system designers. There is a rather substantial difference between an evaluator and a designer. The present proposed regulation is a carryover from the AOSE certification program and the historical health Department process for issuing construction permits and should not be retained as such. There should be no distinction between conventional and alternative system designers.

Interim licensure of individuals….

The need for an interim licensing is not essential.  There are an abundance of experienced evaluators, designers and installers in the commonwealth.  Individuals in private practice are subjected to continuous scrutiny by VDH for compliance with local and state code and regulations.  VDH personnel receive training, examination and following considerable experience are subsequently authorized to conduct independent studies and issue permits. Interim licensure and subsequent examination to receive full licensure should not be required for these individuals that have previously qualified through examination, education, experience and training. A more realistic approach is to allow a two (2) year period for application as a licensed practitioner with examination being waived provided that person has a certification (ASOE, CPSS…) or license in his or her profession with minimum experience. Following that period the proposed licensure regulations including examination would be effective. Similar procedures were followed with the Board for Geologists and Board for Soil Scientists.

54.1-2301 (H517)

It is my understanding that a Board can only regulate that which is in the code. It is clear that the Board shall establish a “program” for licensing individuals as evaluators, installers and operators (1.D.). What is the" program"?

It is clear that the Board shall also adopt regulations for the licensure of onsite evaluators and installers and operators of alternative systems. There is no reference to installers or operators of conventional systems, so how can the Board identify other types of installers and operators?

Was the Board requested to adopt regulations for the licensure of system designers? Although the term onsite soil evaluator occurs three times in 54.1-2301 there is no definition in the proposed regulations except as “Alternative onsite soil evaluator” (18VAC160-20-10) which, hopefully, is a computer error, and “Conventional onsite soil evaluator” which is the same as LOSE (32.1-163) and makes no mention of system design.  

It is not clear how the amended code relates to any of the above regarding (e) the division of onsite soil evaluators into classes.    Nowhere is it indicated that an onsite soil evaluator is a designer of onsite sewage systems. The proposed regulations define conventional onsite evaluator in terms of site evaluation only.  By definition (32-1-163, effective July 1, 2009 and in the proposed regulations) an AOSE or an LOSE is a person authorized to evaluate soils and soil properties…  There is no mention of design in these definitions.   

18VAC 160-20-10 Definitions

Delete Alternative and conventional onsite soil evaluators.

Add

“Onsite soil evaluator” means an individual currently certified by the Board for Professional Soil Scientists and Wetland Professionals or currently certified by the Virginia Department of Health as an AOSE to evaluate soils and soil properties in relationship to the effects of these properties on the use and management of these soil for onsite sewage systems.

Add

“Onsite sewage system designer” means an individual currently certified by the Virginia Department of Health as an AOSE or an individual licensed by the Board to design onsite sewage disposal systems based on soil evaluations prepared by an “onsite soil evaluator” which are not considered an engineering practice.

Septic tank and conventional onsite sewage systems are not defined. Alternative onsite sewage system is very poorly defined.

Is a filter considered alternative treatment?  Is inclusion of an aerobic system in a septic tank providing secondary treatment considered alternative treatment even though the effluent is discharged to gravity distributed drain field? Can a conventional system be time-dosed? Where is the line drawn between alternative and conventional? Could create some legal issues. Does the level of pretreatment or does the soil absorption, sorry, receiving medium, system dictate the classification.  

Part II License requirements B.

Licensee shall not hold both licensees? What is the justification?

The code does not require an examination. The Board has exercised its authority to require an examination as in (f) other criteria.  

The majority of violations and complaints to the Board will be based on soil interpretations. The Board has one CPSS capable of conducting an IFF. It is my understanding that a summary will be presented to the Board for final action. The Board does not have any other professionals qualified to judge the summary document, which does not approach fairness.

 All AOSE certifications expire on June 30, 2009. The new code becomes effective on July 1, 2009. Legally no one will be an AOSE on this date. No AOSE will qualify for an interim OSE license (see definition of “Authorized onsite sol evaluator”).

An individual licensed only as a conventional onsite evaluator is not economically feasible.  What if the site conditions require an “alternative system” the licensee must defer to an alternative evaluator? This presents an economic hardship to the client who likely is a citizen of the commonwealth.

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