Commenter:
John Lam
/ Valley Soil & Environmental Consulting, LLC
General comments
Comments regarding the proposed regulations:
1. The proposed regulations are vague in terms of “design” and the role and responsibility of an on-site soil evaluator as it pertains to an on-site sewage disposal system. There is no definition of “design” contained within the regulations. Does design only infer the physical lay-out of a system footprint based upon a prescriptive formula from VDH; or does it also include a site specific layout of system components in relation to the sewage disposal system area, house site, and site topography similar to a typical engineering design? Most of the previous comments to date have been very negative in regards to the proposed regulations and further clarification would be prudent in alleviating the major concerns.
2. As proposed, dividing the on-site soil evaluator into classes (conventional or alternative) for the purpose of conducting a soil evaluation for a sewage disposal system does not make any practical or rational sense. A licensed on-site soil evaluator should have the ability to determine whether or not site/soil conditions meet the requirements for a conventional or an alternative sewage disposal system separate from the actual design of the system.
3. The proposed regulations state that “no licensee shall hold both a conventional and an alternative license simultaneously”. What is the purpose of limiting an evaluator to either conventional system or alternative system licensure—why can’t a person qualify to do both? It makes more sense to license the soil evaluation as a separate function from the system design.
4. The current requirements used by VDH to license AOSE’s based upon experience, a written exam, and a field test are adequate in determining the qualifications and skills and abilities of an applicant to perform a soil evaluation for an on-site sewage disposal system. The regulations need to be revised to contain a “Grandfather Clause” to automatically qualify AOSE’s in good standing who have passed the VDH exams as licensed on-site soil evaluators. These individuals have already been vetted by VDH through experience, competency, and testing and should not have to go through the process of re-examination in order to maintain a livelihood.
5. If the term “design” is intended as something other than the physical stake-out of a system, then dividing the design phase of an on-site sewage disposal system into conventional and alternative classification does have validity due to the complexity of alternative systems. The regulations need to be re-drafted to make this distinction with a better clarification of what is allowed under alternative system design without impinging upon the practice of engineering.
