I am writing to oppose the elimination of the Professional Soil Scientist License in Virginia.   I am quite honestly shocked that this is even being considered.  It is clear that all parties involved with proposing the elimination of this license have been grossly mislead by information that does not convey a clear understanding about the broad range of scientific knowledge, services, and expertise that Licensed Professional Soil Scientists (LPSS) provide to the engineering, construction, development, real estate, and regulatory community.    

Many local government codes recognize LPSS as licensed professionals that can conduct Water Quality Impact Assessments (WQIA).  These assessments are required in areas were local governments have adopted the Chesapeake Bay Act for determining Resources Protection Areas and associated buffers.  In fact, most homeowners that build within the Chesapeake Bay watershed are required to have a WQIA conducted as part of the local building permit/public works approval process. 

In accordance with (9VAC25-850-10), LPSS are cited as one of the licensed professionals qualified to conduct Erosion and Sediment Control Plan Reviews. There are localities that also require utilizing the expertise of a LPSS when designing stormwater management infiltration BMPs.  When stormwater designers simply rely on the local NRCS Soil Survey Books in lieu of a site specific onsite soil evaluation conducted by a Licensed Professional Soil Scientist there have been instances where stormwater management BMPs such as basins & bioretention areas have malfunctioned or failed due to misinterpreted NRCS Soil Survey information.  

The NRCS Soil Survey is a general land use planning tool that indicates what may potentially be encountered and should never be a substitute for using an LPSS to conduct site-specific soil evaluations.  Using an LPSS on the front end of a plan of development in these instances will greatly reduce or completely eliminate the cost of redesigning & repairing these environmentally sensitive stormwater controls.  In many instances, the cost to repair or replace these malfunctioning/failed stormwater controls are often left to unsuspecting homeowner associations and local government (taxpayer dollars) to fix.  Until they are properly repaired or replaced, Virginia's water quality will remain threatened.

Licensed Professional Soil Scientists have often been called in to evaluate sites for the presence of shrink-swell soils or acid sulfate soils only after these problematic soils have catastrophically damaged building structures, roadway infrastructure and airport infrastructure.  Design & repair costs for home foundations ultimately fall upon the individual homeowners.  Roadway & airport infrastructure redesign costs ultimately come out of taxpayers pockets.   Again, using an LPSS on the front end of a plan of development in these instances would have greatly reduced or completely eliminated the cost of redesigning & repairing these sites & structures. 

The professional soil scientist certification program in Virginia has been regulated by DPOR for decades and in 2011 The General Assembly unanimously voted to require this certification be elevated to licensure for soil scientists based on concern for potential risks posed to the public due to a lack of regulation.  Many professional engineers & developers will agree that they prefer to work with individuals that possess a professional soil scientist license (not just an Alternative Onsite Soil Evaluator – AOSE License) when designing septic systems, stormwater management & erosion and sediment control plans,  wetland impact & mitigation plans, and preparing an overall plan of development for a project.   The professional soil scientist will help protect their client from costly headaches in the long term and will be held accountable by DPOR under licensure if their practices are deemed unethical as well as unprofessional.   

I have maintained my Professional Soil Scientist License certification with VA DPOR for 25 years now and as part of the requirements of this license I have taken continuing education courses each year to enhance my knowledge, skills and abilities.    I am also a past president of the Virginia Association of Professional Soil Scientists.   I have conducted thousands of soil evaluations & feasibility studies for septic drainfield suitability, perennial stream surveys, Chesapeake Bay Act Resource Protection Area determinations, Water Quality Impact Assessments, reviewed erosion & sediment control plans, and delineated hundreds of miles of wetland boundaries in Virginia.   

Elimination of the Professional Soil Scientist License from regulation by Virginia DPOR would de-value my credibility as a licensed professional, my years of scientific expertise, and hurt my professional career development and income potential.    This will also allow unlicensed “bad actors” to conduct unregulated work that could adversely impact the health and welfare of the citizens of the Commonwealth of Virginia.