Please carefully consider the following text additions (underlined and marked up with yellow highlighter) and text deletions (using a strikeout font and marked out with black highlighter). Colored fonts were added for organization and emphasis in certain cases.

 

These text amendments and deletions are proposed to facilitate continuity of onsite services for the stakeholder occupations and the public.  It does allow for the creation of a future Class "A" Onsite Soil Evaluator designation which would allow for expanding the design priviledges of qualified individuals beyond the current exemptions to the practice of engineering. 

 

Thank you for the opportunity to respond on this forum and your consideration of these matters.

 

18VAC160-20-74

18VAC160-20-74. License required.

A. To serve as an operator of a waterworks or wastewater works, it shall be necessary to hold a valid license issued by the board for a classification equal to or greater than the classification of the waterworks or wastewater works to be operated and in the appropriate category. Issuance of a new classification of license shall void all previously issued licenses in the same category. No licensee shall hold two licenses of different classifications in the same category. The board shall issue a license only after an individual has met all experience and examination requirements as set forth in this chapter.

C. No person shall act as an conventional Onsite Soil Evaluator, alternative Onsite Soil Evaluator, conventional Onsite Sewage System Installer, alternative Onsite Sewage System Installer, conventional Onsite Sewage System Operator, or alternative Onsite Sewage System Operator without possessing a valid license issued by the board. Issuance of an alternative license shall void all previously issued conventional licenses. No licensee shall hold both a conventional and an alternative license simultaneously. The board shall issue a license only after an individual has met all experience and examination requirements as set forth in this chapter.

D. No person shall act as an alternative Onsite Sewage System Operator of an alternative onsite sewage system that exceeds 10,000 gallons per day design flow without possessing the appropriate class of wastewater works operator license in addition to an alternative and an Onsite Sewage System Operator license.

 

18VAC160-20-76

18VAC160-20-76. Application.

G. Each applicant shall be in good standing as a licensed waterworks operator, wastewater works operator, Onsite Soil Evaluator, Onsite Sewage System Operator, or Onsite Sewage System Installer in every jurisdiction where licensed; and the applicant shall not have had a license as a waterworks operator, wastewater works operator, Onsite Soil Evaluator, Onsite Sewage System Operator, or Onsite Sewage System Installer that was suspended, revoked or surrendered in connection with a disciplinary action or that has been the subject of disciplinary action in any jurisdiction prior to applying for licensure in Virginia.

H. Each applicant shall not have been convicted or found guilty, regardless of the manner of adjudication, in any jurisdiction of the United States of any misdemeanor involving lying, cheating, or stealing; of any misdemeanor directly related to the practice of a waterworks operator, a wastewater works operator, an Onsite Soil Evaluator, an Onsite Sewage System Operator, or an Onsite Sewage System Installer; or of any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Any plea of nolo contendere shall be considered a conviction for the purposes of this subdivision. The record of conviction, authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted, shall be admissible as prima facie evidence of such conviction or guilt. Review of prior criminal convictions shall be subject to the provisions of § 54.1-204 of the Code of Virginia.

 

18VAC160-20-82

18VAC160-20-82. Interim licensure of individuals holding an Authorized Onsite Soil Evaluator certificate issued by the Virginia Department of Health (VDH).

A. The board shall issue an interim Onsite Soil Evaluator and Onsite Sewage System Operator license to any individual who possessed a valid Authorized Onsite Soil Evaluator (AOSE) certification issued by the VDH on as of June 30, 2009 (or suitable inclusive substitute date) or the effective date of this chapter, provided that the interim license application is received by the department no later than six months after the effective date of this chapter. AOSE-certified individuals who fail to have their application in the department's possession within six months after the effective date of this chapter shall not be eligible for an interim Onsite Soil Evaluator and Onsite Sewage System Operator license and shall apply for a license pursuant to 18VAC160-20-96.

B. An interim Onsite Soil Evaluator licensee who is an AOSE-certified individual shall be authorized to act as a conventional Onsite Soil Evaluator and as an alternative Onsite Soil Evaluator and Onsite Sewage System Operator .

C. Each interim Onsite Soil Evaluator and Onsite Sewage System Operator license shall expire on the last day of the month that is 36 months after the date of issuance by the department and shall not be subject to renewal.

D. Each applicant for an interim Onsite Soil Evaluator or Onsite Sewage System Operator license shall make application in accordance with 18VAC160-20-76 and shall provide evidence that he the individual possessed a valid AOSE certification issued by the VDH on as of June 30, 2009 (or suitable inclusive substitute date) or the effective date of this chapter.