Many have addressed in their comments the deficiencies in the proposed regulations concerning the differences between soil evaluations and “design” of onsite wastewater systems.  There clearly are two main components of an onsite wastewater system.   One is the receiving environment for disposal of the effluent (i.e soil) and the other is the design of pretreatment, conveyance and distribution methods of the effluent.   A site and soil characterization evaluation can be independent of the “design” of the onsite system.   The “design” however can not be independent of the site and soil evaluation.

There needs to be a separation and definition of these components in the regulations.   

It goes without saying to the professionals currently in the onsite wastewater industry that the site evaluation and characterizations of soil physical properties is the most important part of a successful onsite system.   

Instead of the BWWW reinventing the wheel and defining regulations, ethics, a soils examination and another DPOR Board addressing the proper evaluation of soils there needs to be a separation of the soils component to the Board of Soil Scientists and Certified Professional Soil Scientists (CPSS).  

I have heard arguments from others that the train has left the station and that the proposed regulations can not separate the soil component from the BWWW Board.   I do not believe this is the case.   The proposed regulations get their authority from the code of Virginia.  The code that set this in motion is 54.1-2301.     The code states under D.(e)  “the division of onsite soil evaluators into classes, one of which shall be restricted to the design of conventional onsite sewage systems; and (f) other criteria the Board deems necessary.”   The code itself restricts a class of evaluators to the design of a system.    It does not explicitly state that the soil evaluation component is a class under BWWW.   The BWWW Board has the flexibility in this code to refer to the Soil Scientists Board and make a CPSS the requirement for the soil evaluation component.   It can do this under D(f) in the code as “other criteria the Board deems necessary”.

The BWWW should setup a licensure for Designers of Onsite Systems and leave the soil evaluation component to the most qualified individuals in the state….Certified Professional Soil Scientists.