1.Conventional vs. Alternative - The proposed regulations include regulations for to Conventional Onsite Sewage System Operators and Installers. The enabling legislation HB 3134 (2007) included requirements for the Board to develop regulations related to installers and operators of alternative onsite sewage systems only. The regulations did not speak to conventional systems. Therefore, the proposed regulations may exceed their specific statutory authority. Additionally, being a part of the subcommittee hearings, it was clear to me that the legislature had no intention of regulating conventional systems under this statute. While 54.1-2301 C. is fairly broad, the following paragraph D. is very specific and speaks only to alternative systems.
2.Homeowners – While not specifically included in the enabling legislation, it would seem reasonable to allow a licensing path for Homeowners to operate their own systems. Especially those that fall within the exemption to the practice of engineering (54.1-402.11) which are less than 1,000 gpd, may include simple pump systems, with gravity distribution.
3.Interim Alternative Onsite Sewage System Installers – VDH does not issue SHDP’s. VDH issues a Sewage Handling Permit to “pump and haulers”. VDH also issues Sewage Disposal System Construction Permits to owners. The inclusion of SHDP is confusing and without regulatory basis unless defined. My suggestion would be to issue an Interim Alternative Onsite Sewage Installer permit to any holder of a Sewage Disposal System (SDS) specialty license issued by the Board for Contractors.
4.Interim Alternative Onsite Sewage System Operators – The requirement for an interim license requires 12-months of full-time experience as an operator. Since there is no current “Operator License” for onsite systems, this requirement is unclear. How does one prove 12-months experience as an operator when no such position exists? My suggestion would be to allow O&M providers of demonstrated experience, Interim Installers, Alternative System Designers (ie. Licensed Onsite Soil Evaluators (LOSE) and Professional Engineers (PE)) to quality for an interim operator’s license.
5.Alternative Onsite Sewage System Operator – the entry requirements for an operator require “full-time” experience. This requirement may preclude many qualified individuals who provide O&M as one of many services. For instance, O&M providers of demonstrated experience, installers, and Alternative System Designer may provide O&M as well as other related services within the “Onsite Industry”. My suggestion would be to include these individuals as qualified for licensure provided they complete an onsite sewage system operator course and pass a board-approved examination. Broadening the entry into this licensing category is especially important in rural Virginia where service providers work in many different aspects of the industry. Additionally, having a “full-time” specialty may not be economically viable in many rural areas, especially when this specialty never previously existed.
6.Technicalities – The definition of Alternative Onsite Soil Evaluator is incorrect. AOSE’s do not construct, install or repair treatment works.
“Interim License” under the definition section should be changed to “Interim Licensure”.
7.Standards of Practice – The standards of practice for a licensed designer (LOSE’s) should be expanded to include the specific responsibilities of designers to the public. The current AOSE regulations, Part V, includes a thorough set of standards (in part based on current PE standards) which describe in detail the role and responsibility of the licensed designer to the public. My recommendation is for the Board to adopt these current standards of practice in the new regulations.
12 VAC 5-615-410. Responsibility to the public.
The primary obligation of the AOSE is to the public. If the judgment of the AOSE is overruled under circumstances when the safety, health, property and welfare of the public are endangered, the AOSE shall inform the employer or client of the possible consequences and notify appropriate authorities.
12 VAC 5-615-420. Public statements.
A. The AOSE shall be truthful in all AOSE matters.
B. When serving as an expert or technical witness, the AOSE shall express an opinion only when it is based on an adequate knowledge of the facts and in areas on which he is competent to testify. Except when appearing as an expert witness in court or an administrative proceeding where the parties are represented by counsel, the AOSE shall issue no statements, reports, criticisms, or arguments on matters relating to AOSE practice that are inspired or paid for by an interested party or parties, unless the AOSE has prefaced the comment by disclosing the identities of the party or parties on whose behalf the AOSE is speaking and by revealing any self- interest.
C. An AOSE shall not knowingly make a materially false statement or fail deliberately to disclose a material fact requested in connection with his application for licensure, certification, registration, renewal or reinstatement.
D. An AOSE shall not knowingly make a materially false statement or fail to deliberately disclose a material fact requested in connection with an application submitted to the department by any other individual or business entity for licensure, certification, registration, renewal or reinstatement.
12 VAC 5-615-430. Conflicts of interest.
A. The AOSE shall promptly and fully inform an employer or client of any business association, interest, or circumstance or circumstances that may influence the AOSE's judgment or the quality of service.
B. The AOSE shall not accept compensation, financial or otherwise, from more than one party for services on or pertaining to the same project, unless the circumstances are fully disclosed in writing to all parties of current interest and he obtains the parties’ written approval.
C. The AOSE shall neither solicit nor accept financial or other valuable consideration from suppliers for specifying their products or services.
D. The AOSE shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with a client or employer in connection with work for which the AOSE is responsible.
12 VAC 5-615-440. Solicitation of work.
In the course of soliciting work:
1. The AOSE shall not bribe.
2. The AOSE shall not falsify or permit misrepresentation of the AOSE's work or an associate's academic or AOSE qualifications, nor shall the AOSE misrepresent the degree of responsibility for prior assignments. Materials used in the solicitation of employment shall not misrepresent facts concerning employers, employees, associates, joint ventures or past accomplishments of any kind.
12 VAC 5-615-450. Competency for assignments.
An AOSE shall not misrepresent to a prospective or existing client or employer his qualifications and the scope of his responsibility in connection with work for which he is claiming credit.
12 VAC 5-615-460. AOSE responsibility.
A. The AOSE shall not knowingly associate in a business venture with, or permit the use of the AOSE's name or firm name by, any person or firm where there is reason to believe that person or firm is engaging in activity of a fraudulent or dishonest nature or is violating any law or regulations of the department.
B. An AOSE who has direct knowledge that another individual or firm may be violating any of these provisions, or the provisions of Article 1 (§ 32.1-163 et seq.) of Chapter 6 of Title 32.1 of the Code of Virginia, shall immediately inform the commissioner in writing and shall cooperate in furnishing any further information or assistance that may be required.
C. The AOSE shall, upon request or demand, produce to the commissioner, or any of his agents, any plan, document, book, record or copy thereof in his possession concerning a transaction covered by this chapter, and shall cooperate in the investigation of a complaint filed with the commissioner against a certificate holder.
D. Except as provided in subsection E of this section, an AOSE shall not utilize the evaluations, design, drawings or work of another AOSE without the knowledge and written consent of the AOSE or organization of ownership that originated the design, drawings or work. In the event that the AOSE who generated the original document is no longer employed by the firm retaining ownership of the original documents or is deceased, another AOSE who is a partner or officer in the firm retaining ownership of the original documents may authorize utilization of the original documents by another AOSE or firm. This fact must be disclosed to the department when submitting applications supported by AOSE materials and certifications.
E. The information contained in Department of Health records, on which a decision to approve or deny a site has been made, shall be considered to be in the public domain and may be utilized by an AOSE without permission.
F. An AOSE who relies on informatio n in Department of Health files or has received permission to modify or otherwise utilize the evaluation, design, drawings or work of another AOSE pursuant to subsection D or E of this section may certify that work only after a thorough review of the evaluation, design, drawings or work and after he determines that he is willing to assume full responsibility for all design, drawings or work on which he relies for his opinion.
G. The information contained in recorded plats or surveys may be utilized by an AOSE without permission. If modifications are to be made to the plats or surveys, such modifications shall only be made by a person or persons authorized pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 and Title 13.1 of the Code of Virginia to make such changes or modifications to the plats or surveys.
