Please find these proposed text additions and deletions respectfully submitted to address the Proposed Text to Amend regulations to license onsite sewage system professionals.

Proposed Text Changes

18VAC160-20-10

18VAC160-20-10. Definitions.

"Alternative Onsite sewage system" means a treatment works that is not a waterworks or waste waterworks.conventional onsite sewage system and does not result in a point source discharge.

"Alternative Onsite Sewage System Installer" means an individual licensed by the board to construct, install, and repair a treatment works that is not a waterworks or waste waterworks.conventional onsite sewage system and does not result in a point source discharge.

"Alternative Onsite Sewage System Operator" means an individual licensed by the board to (i) place into or take out of service a unit process or unit processes; (ii) make or cause adjustments in the operation of a unit process at a treatment works; or (iii) determine if a component or device is functional.

"Alternative Onsite Soil Evaluator" means an individual licensed by the board to provide site evaluation and system design of treatment works, and licensed by the board to evaluate soils and soil properties in relationship to the effects of these properties on the use and management of these soils for construction, installation, and repair of a treatment works that is not a conventional onsite sewage system and does not result in a point source discharge.

"Authorized Onsite Soil Evaluator" or "AOSE" means an individual holding who possessed in good-standing on June 30, 2009 (or suitable inclusive substitute date) or the effective date of this chapter, a valid Authorized Onsite Soil Evaluator certification issued by the Virginia Department of Health to prepare soil evaluation and system design work that is valid on the effective date of this chapter.

"Category" means the two divisions of waterworks and wastewater works operators' licenses, one being waterworks and the second being wastewater works waterworks (operator) operator, wastewater works (operator) operator, or onsite treatment works (Onsite Soil Evaluator, Onsite Sewage System Installer, and Onsite Sewage System Operator).

"Classification" means the divisions of each category of waterworks and wastewater works operators' licenses into classes where Class "I" represents the highest classification. Classification also means the divisions of each category of onsite treatment works' licenses into classes where Class “A” represents the highest classification.

"Classified facility" means a waterworks or onsite treatment works that has been granted a classification by the Virginia Department of Health or a wastewater works that has been granted a classification by the Virginia Department of Environmental Quality.

"Contact hour" means 60 50 minutes of participation in a structured training activity.

"Conventional onsite sewage system" means a treatment works consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity distributed subsurface drain field.

"Conventional Onsite Sewage System Installer" means an individual licensed to construct, install, and repair conventional onsite sewage systems.

"Conventional Onsite Sewage System Operator" means an individual licensed by the board to (i) place into or take out of service a unit process or unit processes; or (ii) make or cause adjustments in the operation of a unit process at a conventional onsite sewage system; and (iii) determine whether a component or device is functional.

"Conventional Onsite Soil Evaluator" means an individual licensed by the board to evaluate soils and soil properties in relationship to the effects of these properties on the use and management of these soils as the locations for conventional onsite sewage systems.

"Direct supervisor" means a licensed operator, installer, or evaluator who undertakes the supervision of an unlicensed individual engaged in activities requiring a license for the purpose of obtaining the competence necessary to qualify for licensure and who shall be responsible for the unlicensed individual's full compliance with this chapter.

"Experience" means time spent learning how to physically and theoretically operate the waterworksor, wastewater works, or onsite sewage system as an operator-in-training or time spent operating a waterworks or wastewater works for which the operator is currently licensed for the purpose of obtaining the necessary competence to qualify for a specific license. Experience also means the time spent under the direct supervision of an Authorized Onsite Soil Evaluator (AOSE), Onsite Soil Evaluator licensee, Onsite Sewage System Installer licensee or Onsite Site Sewage System Operator licensee for the purpose of obtaining the necessary competence to qualify for a specific license.

"Interim license" means a method of regulation whereby the board authorizes an unlicensed individual, a VDH certified Authorized Onsite Soil Evaluator (AOSE), or Certified Professional Soil Scientist (CPSS) to engage in activities requiring a specific license provided for in this chapter for a limited time to obtain the necessary competence to qualify for that specific license.

"Licensed operator" means an operator with a license in the category and with a of Onsite Sewage Systems Operator, waterworks operator, or wastewater works operator. For waterworks operators and wastewater works operators, the license classification must be equal to or higher than the classification of the waterworks or wastewater works being operated.

"Maintenance" means performing adjustments to equipment and controls and in-kind replacement of normal wear and tear parts such as light bulbs, fuses, filters, pumps, motors, or other like components. Periodic maintenance includes pumping the tanks or cleaning the building sewer on a pre-scheduled interval or periodic basis. Maintenance shall not include replacement of tanks, drain field piping, distribution boxes, or work requiring a construction permit and a licensed Onsite Sewage System Installer.

"Onsite sewage system" means a (onsite) treatment works leading to the ultimate disposal of residues or effluent resulting from such treatment that is not a waterworks or waste waterworks works.conventional onsite sewage system or an alternative onsite sewage system Onsite sewage system includes types of sewerage systems having one or more septic tanks with gravity, pumped, or siphoned conveyance to a distributed subsurface drain field.

"Operate" means any act of an individual, which that may impact on the finished water quality at a waterworks or the plant effluent at a wastewater works or the standards of performance at an onsite treatment works.

"Operator-in-training" means an individual employed by an owner to work under the direct supervision and direction of an operator holding a valid license in the proper category and classification for the purpose of gaining experience and knowledge in the duties and responsibilities of an operator of a waterworks or wastewater works or onsite treatment works. An operator-in-training is not an operator.

"Owner" means the Commonwealth of Virginia, or any political subdivision thereof, any public or private institution, corporation, association, or any other entity organized or existing under the laws of this Commonwealth or of any other state or nation, or any person or group of persons acting individually or as a group, who own, manage, or maintain waterworks, or wastewater works or onsite treatment works .

"Responsible charge" means the designation by the owner of any individual to have the duty and the authority to operate a waterworks, or wastewater works or onsite treatment works .

"(Onsite) Treatment works" means any device or system used in the storage, treatment, disposal or reclamation of sewage or combinations of sewage and industrial wastes including, but not limited to, pumping, power and other equipment and appurtenances, septic tanks and any works, including land, that are or will be (i) an integral part of the treatment process or (ii) used for ultimate disposal of residues or effluent resulting from such treatment as defined in the Sewage Handling and Disposal Regulations (12VAC5-610).