1.  The definition of "alternative onsite soil evaluator" is incorrect.  The definition provided is for 'installers' not 'evaluators'.

2.  The definition of "conventional onsite soil evaluator" (and presumably the 'correct' definition for alternative onsite soil evaluator) does not contain anything regarding system DESIGN.  It appears that anyone (including homeowners, installers, etc.) will be allowed to design an onsite system as long as the soil evaluation was performed by a licensed individual.  The definition needs to include the design aspect of onsite systems.

3.  The definitions of "Sewage Handler", "Sewerage System", and "Treatment Works" reference the Sewage Handling and Disposal Regulations (12 VAC 5-610).  Since the Virginia Department of Health is in the process of drafting new regulations (including changing the name of the regulations and changing from 12 VAC 5-610 to 12 VAC 5-611) it might be better to change the reference to allow for changes.

The second sentence in this section is very clear, "no licensee shall hold both a conventional and an alternative license simultaneously".  However, it is unclear whether or not an individual could hold both an interim license and a conventional license simultaneously.

The interim license will allow an individual to design alternative systems for 36 months (one time license issued sometime between the effective date of these regulations and 6 months later).  For example, if an individual receives an interim license on July 1, 2009, he/she will be authorized to design alternative systems until July 1, 2012.

The interim license does not appear to be 'qualifying experience' to become an AOSE (alternative onsite soil evaluator).  The COSE license IS considered 'qualifying experience' toward AOSE licensure.  The regulation should allow an individual to receive an interim license upon the effective date of these regulations AND, shortly afterwards, take the exam to become a COSE and hold both licenses simultaneously.  This will allow individuals to design alternative systems for 36 months AND gain COSE experience that will count toward the AOSE license.

Paragraphs 1 and 2 under this section both reference a firm holding a "Sewage Handling and Disposal Permit (SHDP) isued by the Virginia Department of Health (VDH).  I've heard of "construction permits", "operation permits", and sewage handling permits", but never "sewage handling and disposal permit".  What is this permit?

1.  The last paragraph under this section lists post-secondary courses that may be substituted for experience.  It's hard to believe that Geology courses are not included.  It appears to be a bit arbitrary to include Biology and Soil Science but exclude Geology.  This is either an oversight or the paragraph was written by an uninformed individual/group.

2.  When these regulations become effective there will be an enormous number of VDH employees who will not qualify for the interim license or the conventional license (and may not qualify for years).  Is it DPOR's intention to take VDH out of the evaluation and design business?  If so, fine.  If not, has anyone considered the consequences (e.g. 1. pressure placed upon VDH employees who are licensed to sign off on the work of unlicensed individuals, 2. land owners being forced to hire private sector evaluators in localities that don't have licensed public sector employees, etc.).  Maybe DPOR should consider something similar to 54.1-402.1 which allows license exemptions (engineers, architects, surveyors) for state employees for a limited time.  In other words (for example) if a VDH employee was hired on or before July 1, 2008, and is authorized by the VDH to issue permits on the effective date of these regulations then that individual is exempt from licensure requirements until some future date (say July 1, 2013).  Otherwise, chaos is on the horizon.

An interim onsite soil evaluator licensee shall be authorized to act as a conventional onsite soil evaluator and as an alternative onsite soil evaluator.

Recommend changing to:  An interim onsite soil evaluator licensee shall be authorized to act as a licensed conventional onsite soil evaluator and as a licensed alternative onsite soil evaluator.

1.  18VAC160-20-96, makes reference to “experience evaluating site and soil conditions in compliance with this chapter under the direct supervision of a licensed conventional onsite soil evaluator or of a licensed alternative onsite soil evaluator.”

2.  Is an interim onsite soil evaluator licensee authorized to act as a licensed conventional onsite soil evaluator and as a licensed alternative onsite soil evaluator?

Interim conventional onsite sewage system installer applicants shall have six months of full-time experience working with a firm holding a Sewage Handling and Disposal Permit (SHDP) issued by the Virginia Department of Health (VDH).

1.  What is a Sewage Handling and Disposal Permit (SHDP)? 

2.  “Six months of full-time experience” is very broad.  Some installation crews have one backhoe operator, one person laying out the trenches and another person shoveling gravel.  After six months the person shoveling gravel can apply for an interim conventional onsite sewage system license and then start his/her our business.  Get ready to use 18VAC160-20-140. paragraph 7.

Recommend adding another option.

e. Two years of full time experience evaluating site and soil conditions in compliance with this chapter under the direct supervision of a licensed conventional onsite soil evaluator or of a licensed alternative onsite soil evaluator, and a graduate of the VDH onsite sewage system training program.

VDH has been a trainer for Authorized Onsite Soil Evaluators for years.  

A valid certificate as a Virginia certified professional soil scientist from the Board for Professional Soil Scientists and Wetland Professionals and one year of full-time onsite soil evaluation experience;

Recommend changing to:  A valid certificate as a Virginia certified professional soil scientist from the Board for Professional Soil Scientists and Wetland Professionals and one year of full-time onsite soil evaluation experience evaluating site and soil conditions in compliance with this chapter under the direct supervision of a licensed conventional onsite soil evaluator or of a licensed alternative onsite soil evaluator;

How is the CPSS’s onsite soil evaluation experience documented?

....bachelor's degree with a major in soil science, biology, chemistry, engineering or environmental science; 

What does a Bachelor’s or Associate’s degree in Environmental Science include?  Geology, Geography, Earth Science, Oceanography?

Recommend clarifying degree requirement.

… evaluating site and soil conditions in compliance with this chapter under the direct supervision of a licensed conventional onsite soil evaluator or of a licensed alternative onsite soil evaluator;

Recommend changing to: evaluating site and soil conditions in compliance with this chapter under the direct supervision of an interim onsite soil evaluator, of a licensed conventional onsite soil evaluator or of a licensed alternative onsite soil evaluator;

Per 18VAC160-20-82, VDH personnel certificated as Authorized Onsite Soil Evaluator’s will become interim onsite soil evaluators on July 1, 2009.  Individuals such as non-AOSE VDH personnel seeking a license as a COSE must have direct supervision of a licensed conventional onsite soil evaluator or of a licensed alternative onsite soil evaluator.  The problem is all VDH personnel will either be interim onsite soil evaluators or non-COSE’s.  As of July 1, 2009, VDH will not have any COSE’s or AOSE’s, but only interim onsite soil evaluators.

Four years of full-time experience as a conventional onsite soil evaluator licensee.

Recommend changing to: Four years of full-time experience as either an interim onsite soil evaluator or as a conventional onsite soil evaluator licensee.

Per 18VAC160-20-82, VDH personnel certificated as Authorized Onsite Soil Evaluator’s will become interim onsite soil evaluators on July 1, 2009.  Some Authorized Onsite Soil Evaluator’s are independent businesses and may not have the opportunity to work with licensed alternative onsite soil evaluators or regularly design alternative systems.  This would require them to immediately apply for a conventional onsite soil evaluator’s license and then wait four years prior to applying for an alternative onsite soil evaluator license.

This paragraph provides one of three options for qualifiying for the alternative onsite soil evaluator license.  It states, "Three years of full-time experience as an authorized onsite soil evaluator certified by the Virginia Department of Health (VDH) and evidence of completing the soil evaluation and system design work on a total of at least 36 onsite sewage systems (12 of which must be alternative system permits approved by VDH)".

1.  Is the last parenthesis appropriately placed (i.e. is it the intention that only 12 of the systems have to be approved by VDH and the other 24 need no approval)?  Or, was it the intention that all 36 need VDH approval?  If the latter is the case, recommend inserting the last parenthesis immediately after the word "permits".

2. What is the significance of having these 12 (or 36) systems "approved by VDH"?  It is VDH policy to field review 10% of private sector work.  Consequently, VDH may only field review 1 or 2 of the 12 systems.  Under state policy all 12 will be reviewed 'on paper'.  However, who has been reviewing these 'alternative' systems?  Typically they are reviewed by unlicensed, uncertified health department employees that have a minimum of one year of 'experience'.  One might recommend that all 12 (or 36) systems must be field reviewed and approved by a licensed VDH employee.  However, that's unrealistic and quite possibly more ridiculous than the language proposed.  Perhaps a survey of malfunctioning systems designed by authorized onsite evaluators would be more meaningful (and VERY controversial).

3. What are the significant differences between a 'conventional' system and an 'alternative' system when the design is completed by someone who is not an licensed professional engineer?  When the practice of engineering is not involved, what makes an alternative system 'alternative'?  A pre-engineered treatment unit?  An archaic pad/bed?  VDH policies and manufacturer cut sheets can guide any idiot through the design process of all non-engineered alternative systems.  The real difference between a conventional system and a non-P.E. alternative system is the inspection and operation of the alternative system which has nothing to do with the site and soil evaluation or the design.

Recommendation: Delete paragraphs a, b, and c and simply require the applicant to pass an exam and have 2 years experience as a conventional onsite soil evaluator.  Keep it simple.

To only allow an individual who has been designing both conventional and alternative designs to choose one or the other will harm that person's business. I recommend that if someone gains the AOSE license they are qualified to also do conventional systems. The regulatory text needs to read as such.

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.

Note the definition of AOSE

"Alternative onsite soil evaluator" means an individual licensed by the board to construct, install, and repair a treatment works that is not a conventional onsite sewage system and does not result in a point source discharge.

If the evaluator or installer are in good standing when they apply then any previous "disciplinary action" done years before, particularly for a misdemeanor, should not prevent an applicant from obtaining a license. It should not need board action approval.

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

I strongly encourage the 36 month deadline be extended to 48 months to give a little more breathing room for those that struggle to pass a written test but otherwise are excellent installers and evaluators.

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 license to any individual who possessed a valid authorized onsite soil evaluator (AOSE) certification issued by the VDH on 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 license and shall apply for a license pursuant to 18VAC160-20-96.

B. An interim onsite soil evaluator licensee shall be authorized to act as a conventional onsite soil evaluator and as an alternative onsite soil evaluator.

C. Each interim onsite soil evaluator 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.

I would like to begin with some background information regarding this matter that I believe was ignored and/or excluded during the creation of the proposed amendments to the regulations to license onsite sewage system professionals. Virginia has an existing Board of Professional Soil Scientists in the Virginia Department of Professional and Occupational Regulation (DPOR) since 1987. The Board was created to implement a certification program for professional soil scientists for the preservation of health, safety and welfare of the citizens of Virginia. In addition, the existing Board of Professional Soil Scientists has existing regulations which define qualifications for certification, examination and experience, and standards of practice and conduct for Professional Soil Scientists (see 18 VAC 145-20).

Professional Soil Scientists are valuable to the general public, engineering community, builders/contractors and regulators to provide reliable site and soil evaluations based on science. These evaluations are important components for waste disposal, wetlands science, soil stability, and erosion and sediment control. Certified Professional Soil Scientists (CPSS) have been evaluating soils and site suitability for onsite septic systems and have worked with Virginia Department of Health (VDH) officials in protecting the environment and human health for decades.

It is also very important to note, that suitable soil and site conditions are crucial to the safe operation of onsite septic systems and proper soil evaluations are critical components of permitting and designing onsite septic systems.

When DPOR’s Board of Waterworks and Wastewater Works was expanded in 2008 to include Onsite Sewage System Professionals, this expansion failed to include the Board of Professional Soil Scientists in the process of writing regulations to license professionals to conduct soil evaluations and design of onsite septic systems. In addition, two major stakeholders representing the soil science profession, the Virginia Association of Professional Soil Scientists (VAPSS) and the Virginia Association of Authorized Onsite Soil Evaluators, were also not involved in the process of writing these regulations.  

Therefore, this creation of the “Onsite Soil Evaluator” license by Board of Waterworks and Wastewater Works is a duplication of the existing Board of Professional Soil Scientists and was proposed without consideration to Professional Soil Scientists. AND, the proposed regulations by Board of Waterworks and Wastewater Works includes an examination to test an individual’s capability to evaluate of soil characteristics and site evaluations which already exists under DPOR’s Board of Professional Soil Scientists. ALSO, the Board of Waterworks and Wastewater Works and Onsite Sewage System Professionals proposed licensure and creation of the “Onsite Soil Evaluator” did not give consideration to the existing soil scientist professionals who either have a degree in soil science or numerous years of experience in soil evaluation partially or directly related to permitting onsite septic systems.

Again, the Board of Waterworks and Wastewater Works proposed regulations are a duplication and waste of taxpayer’s money since there is an existing Board of Professional Soil Scientists under DPOR that already exists. In these times of budget deficits we believe that the BWWW could work with the existing Board of Professional Soil Scientists and eliminate some of this redundancy. In addition, the Board of Waterworks and Wastewater Works proposed requirements for the “Onsite Soil Evaluator” is a dilution and “dumbing down” of the requirements for an individual who is evaluating soils. This can have adverse effects on human health and the environment since an improper soil evaluation can cause premature failure of onsite septic systems.

Therefore, as a Certified Professional Soil Scientist (No. 216), a soil consultant, and a board member of VAPSS, I propose the following:

The Board of Waterworks and Wastewater Works and Onsite Sewage System Professionals proposed regulations shall continue for licensure of Onsite Sewage System Installers and Onsite Sewage System Operators. BUT, licensure for “Onsite Soil Evaluators” should be excluded from the proposed Onsite Sewage System Professionals regulations and placed under the jurisdiction of the existing DPOR Board of Professional Soil Scientists. Through the existing DPOR Board of Professional Soil Scientists shall be converted from certified to licensed Professional Soil Scientists.

In addition, the Board of Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals shall create licensure for Onsite System Designers for the design of the mechanical and construction components of onsite septic systems, BUT shall exclude components of soil evaluations and site characterizations. Soil evaluations and site characterizations will be conducted and authorized through the licensure of a Professional Soil Scientist under the existing DPOR Board of Professional Soil Scientists. AND all current Authorized Onsite Soil Evaluators (AOSE) under the VDH and all current CPSS shall be grandfathered as a licensed Professional Soil Scientist. It shall be important to note, also, that the licensure of Professional Soil Scientists shall not obstruct the practice engineering or exclude Professional Engineers from their current standards of practice as defined by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects. This licensure also excludes soil evaluations for agricultural production purposes.


 

This paragraph appears to require licensure for health department employees who perform soil evaluations (and design onsite systems?).

The proposed language will not put any currently working private sector AOSEs out of business (i.e. all they will have to do is apply for the interim license and continue business as usual).

The proposed language will put many VDH employees out of 'business' (i.e. they will no longer be allowed to perform soil evaluations -- and, presumably, no longer be allowed to design conventional systems).  Many do not qualify for the interim license and will be unable to apply for the conventional license for years.  Some will not qualify for the conventional license for at least 8 years -- and that's assuming their supervisor is a licensed evaluator.

This is a serious issue for many health districts.  One district, for example, covers 4 counties and has 12 onsite employees (excluding the manager) who are currently allowed to perform soil evaluations and design conventional onsite systems.  3 of these individuals currently meet the requirements for the interim license (i.e. they are certified by VDH as authorized onsite soil evaluators).  9 of the 12 employees will not be allowed to perform soil evaluations on the effective date of these regulations.  2 or 3 of those 9 might be able to secure VDH AOSE certification before June 30, 2009, and then qualify for the interim license.  At least 6 of the 12 individuals will not meet the experience requirements for the conventional onsite soil evaluator license for several years.  As a result. it appears the draft regulation will effectively cut this district's functioning staff by at least 50%.  Hello?

This may result in internal pressure to have licensed VDH employees signing off on the work of unlicensed employees -- not a good thing.

Recommendation: Allow a three year (minimum) licensure exemption for state government employees who are currently engaged in the practice of soil evaluation and onsite system design (see 54.1-402.1 for language recommendations).   The three year exemption will expire around the same time as the interim licenses.

18VAC160-20-74 C.  “No licensee shall hold both a conventional and an alternative license simultaneously”  Recommend this be changed to “No licensee shall hold both a conventional and an alternative license in the same category simultaneously”  Otherwise a person who is an evaluator, installer and operator would have to take all three tests simultaneously or not be able to hold more than one license.

I believe there has been a loss of understanding of intent in some things proposed and I believe this will create more than minimal adverse impact on commerce and hardship on the private consultant. I agree VDH should be exempt for a time as they are processing about 40,000 permits each year and the few private consultants simply can't handle the burden, even during this housing slump. I also agree that if someone is qualified to design a conventional system they should be able to design an alternative system and not have to choose between licenses. It is a matter of correctly describing the soil conditions and matching a system to the site that meets the regulations. Also, assuming an independent "COSE" must be sponsored, trained, and supervised by an "AOSE" will put some out of business unless they are hired by an established environmental consulting firm. I suspect those firms are laying off more than hiring right now. Additionally, the AOSE/EHS community was largely kept out of the loop concerning this DPOR proposal and we should re-visit what is being proposed.

18VAC160-20-84F  An item 3 should be added allowing operators a method to enter the business without having to work as an aprentice.  The way it is written would concentrate business in a few large hands and starve the industry of new blood as the state gears up for an extensive O&M program.  As written it would result in a severe shortage of o&M providers.  

Did the Department of Planning and Budget (DPB), in it's Economic Impact Analysis, consider the affect of the proposed amendments on the Virginia Department of Health (VDH) and the resulting impact on the citizens of the Commonwealth?

The requirement for all onsite soil evaluators to hold a valid license will impact over two hundred health department employees who current perform this work.  There may be as many as one hundred employees who, after July 1, 2009, will no longer be authorized to perform the duties of their position.

The health department appears to have no idea how they are going to handle this transition.  Did DPOR communicate with VDH while drafting these amendments?  Who did DPOR communicate with?

There are some health department employees who are scrambling to obtain AOSE certification through VDH prior to June 30, 2009, so that they will be able to acquire the interim license from DPOR to save their jobs.  Since the state (and health department) budget is in the red, state employees are having to pay all associated expenses (application fees, exam fees, CEUs, etc.).  However, it has been rumored that some health departments are paying some of these expenses for their employees.

Will over 100 unlicensed health department employees lose their jobs on July 1, 2009?

Will the state pay the employees expenses to acquire the license which was not required when the employee was hired?

If the employee obtains the required license which was not previously required will his/her salary be increased as a result?

Will DPOR please communicate with VDH in an effort to resolve this issue IMMEDIATELY?

You may want to consider including the steakholders directly linked to and involved in the proposed regulations...looks as though the Virginia Association of Professional Soil Scientists, DPOR's Board of Professional Soil Scientists, Virginia Association of Authorized Onsite Soil Evaluators, Virginia Health Department, etc. were NOT included in on the development of these proposed regulations.  Don't you think it might be good to include those WHO ARE EDUCATED and WORK in the area on a daily basis in which new regulation is proposed.  What a thought?!...including people to whom it affects and creating regulations that help the professionals AND protect human health!

Oh excuse the last entry...as the proposed regulations were almost entirely written by VDH (not to mention anyone, Don Alexander) and to entirely protect themselves and set them up for licensure for their own good and protection.  

I do not believe a past misdemeanor or felony conviction received prior to becoming an AOSE should have anything to do with becoming a licensed AOSE under DPOR. So, if someone received one of those convictions 20 years ago and has been an AOSE in good standing for 10 years then according to your requirements that person no longer has a job. I think it should be changed to if you receive a felony conviction after becoming licensed then you may lose your license. I would hate to think of AOSE's around the state losing their livelyhood because of something they did YEARS ago. If you're trying to weed out bad apples you should look at complaints filed against them as AOSE's.

The entire Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals is skewed and represented by ONLY current or past Virginia Health Department people...looking out for their own damn good!  Where is equal representation of ALL steakholders in the industry!!!!!!  Where are your representatives from the Virginia Association of Professional Soil Scientists, Virginia Authorized Onsite Soil Evaluators, DPOR's Board of Professional Soil Scientists, private consultants, etc!!!!  

The proposed regs. state:

"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 license to any individual who possessed a valid authorized onsite soil evaluator (AOSE) certification issued by the VDH on 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 license and shall apply for a license pursuant to 18VAC160-20-96."

SHOULD READ:
"18VAC160-20-82. Interim Grandfathering of 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 system designer licenses to any individual who possessed a valid authorized onsite soil evaluator (AOSE) certification issued by the VDH on the effective date of this chapter, provided that the interim grandfathered 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  the grandfathering into the onsite soil evaluator system designers license and shall apply for a license pursuant to 18VAC160-20-96."
 

Therefore allowing all CURRENT AOSE's to be grandfathered into the new program as ONSITE SYSTEM DESIGNERS for the design, mechanical components of systems.  The regulations shall allow the EXISTING DPOR Board of Professional Soil Scientists to cover the soils portion of the regulations (possibly via converting Certified Professional Soil Scientists to Licensed Professional Soil Sceintist).  For what other purpose is there a Board of Professional Soil Scientists..shouldn't they be the regulators of the soils profession and licensure..THEN  we would not have a duplication in regulatory efforts...therefore SAVING TAXPAYERS MONEY!   A WIN WIN!

Proposed Regs. State:

"B. An interim onsite soil evaluator licensee shall be authorized to act as a conventional onsite soil evaluator and as an alternative onsite soil evaluator.
C. Each interim onsite soil evaluator 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 license shall make application in accordance with 18VAC160-20-76 and shall provide evidence that he possessed a valid AOSE certification issued by the VDH on the effective date of this chapter."
 

SHOULS STATE:

B. An interim onsite soil evaluator system designer licensee shall be authorized to act as a conventional onsite soil evaluator and as an alternative onsite soil evaluator.
C. Each interim onsite soil evaluator 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 system designer license shall make be grandfathered into licensure as an onsite system designer application in accordance with 18VAC160-20-76 and shall provide  upon providing evidence that he possessed a valid AOSE certification issued by the VDH on the effective date of this chapter.  If applicant has not possessed a valid AOSE certification issued by the VDH on the effective date of this chapter, an application shall be made in accordance with 18VAC160-20-76.

Proposed regs. SHALL state:

18VAC160-20-96 Qualifications for licensure - onsite soil evaluators system designers

A. Each applicant shall make application in accordance with 18VAC160-20-76 and shall meet the specific entry requirements provided for in this section.

B. Specific entry requirements.

1 Conventional onsite soil evaluator (conventional onsite sewage system only)  system designer. Each individual applying for an initial conventional onsite soil evaluator system designers license shall have a valid interim onsite soil evaluator license or meet one of the following requirements and pass a board-approved examination:

a. A valid certificate as a Virginia certified professional soil scientist from the Board for Professional Soil Scientists and Wetland Professionals and one year of full-time onsite soil evaluation experience;

b. Two years of full-time experience evaluating site and soil conditions in compliance with this chapter under the direct supervision of a licensed conventional onsite soil evaluator system designer or of a licensed alternative onsite soil evaluator, and a bachelor's degree with a major in soil science, biology, chemistry, engineering or environmental science; 

c. Three years of full-time experience evaluating site and soil conditions in compliance with this chapter under the direct supervision of a licensed conventional onsite soil evaluator  system designer or of a licensed alternative onsite soil evaluator, and an associate's degree in waterworks, wastewater works, environmental science, or engineering technology; or

d. Eight years of full-time experience evaluating site and soil conditions in compliance with this chapter under the direct supervision of a licensed conventional onsite soil evaluator system designer or of a licensed alternative onsite soil evaluator.

2. Alternative onsite soil evaluator (alternative onsite sewage system only). Each individual applying for an initial alternative onsite soil evaluator license for alternative onsite sewage systems shall possess a valid interim onsite soil evaluator license or a valid conventional onsite soil evaluator license, pass a board-approved examination, and meet one of the following requirements:

a. Two years of full-time experience in evaluating and designing onsite sewage systems obtained during the last four years under a currently licensed alternative onsite soil evaluator licensee;

b. Three years of full-time experience as an authorized onsite soil evaluator certified by the Virginia Department of Health (VDH) and evidence of completing the soil evaluation and system design work on a total of at least 36 onsite sewage systems (12 of which must be alternative system permits approved by the VDH); or

c. Four years of full-time experience as a conventional onsite soil evaluator licensee. 

Satisfactory completion of postsecondary courses in wastewater, biology, hydraulics, hydrogeology, or soil science may substitute for up to half of the above experience requirement at the rate of one month per semester hour or two-thirds of a month per quarter hour.
 

Proposed regs. state:

"b. Three years of full-time experience as an authorized onsite soil evaluator certified by the Virginia Department of Health (VDH) and evidence of completing the soil evaluation and system design work on a total of at least 36 onsite sewage systems (12 of which must be alternative system permits approved by the VDH); or"

COMMENT:

So my understanding is that you only have to have 12 of the 36 required designs approved by the overriding authority, VDH?  So who is to say that the "other 24 designs" are completed and meet the state's standards and regulations?  This is saying as long as you have completed 36 designs, of which, ONLY 12 need approval, you meet the criteria.  And isn't DPOR's mission statement "to protect the health, safety and welfare of the public by licensing qualified individuals"...so we aren't going to worry about proper design of septic systems for the protection of water quality that can adversely affect human health?!?!

Proposed regs. state:

"c. Four years of full-time experience as a conventional onsite soil evaluator licensee."

COMMENT:

Based on DPOR's proposed regulations it is my understanding is that as long as you can design and understand the components of a conventional system, you automatically can design and understand the components of an advanced secondary treatment system??  That is without providing evidence of advanced system design work.

Professional soil scientists, like the professional engineers, cover a wide variety of expertise. Our expertise is in the evaluation of soil characteristics, morphology, geomorphology and interpreting how these collectively impact any given use.

For the past 34 years I have worked as a soil scientist for Virginia Tech in each of the 5 physiographic provinces; in Loudoun as the interpretive soil scientist working along side civil, agricultural, geotechnical and solid waste and wastewater engineers and as the soil scientist that the Virginia Department of Health (Loudoun County Office) consults to evaluate complex and problem soil/sites. Finally, I have worked statewide as a private soil consultant under my own LLC conducting soil evaluations for septic systems, providing soil training, foundation evaluations, land development proposals and agricultural practices.

The Soil Scientist profession has historically assisted the Virginia Department of Health (VDH)in determining specific soil criteria/characteristics and landform analysis critical to a properly functioning “drainfield”. These lists of criteria and characteristics were intended to be minimums that should be evaluated but were never intended to be included into a “cook book” for evaluating soils for any use. Soils are natural bodies and the characteristics are so inter-related that establishing guidelines such as “clay textures will have a percolation rate of greater than 90 mpi” are misleading, misused and inappropriate.

The Health Department feels so strongly that the interpretation of soils for onsite wastewater disposal is so important that they have a long standing contract with VA Tech for soil scientists dedicated to the interpretation of soils specifically on difficult and problematic sites in the eyes of their employees, most of whom are AOSE’s. These VA Tech positions are required to be Certified Professional Soil Scientists. However in spite of the fact that these professionals are valued by the VDH in site and soil evaluation of both conventional and advanced “alternative” systems, they will no longer be qualified to be licensed onsite soil evaluators without taking a test that includes intricate design/engineering knowledge, beyond appropriate sizing, not required for soil/site evaluation.

DPOR already has a program in place that measures and tests the ability of individuals to become a professional soil scientist. The following are definitions from DPOR 18 VAC 145-20-10.

Definitions:

"Soil scientist" means a person having special knowledge of soil science and the methods and principles of soil evaluation as acquired by education and experience in the formation, description and mapping of soils. And

"Practice of soil evaluation" means the evaluation of soil by accepted principles and methods including, but not limited to, observation, investigation, and consultation on measured, observed and inferred soils and their properties; analysis of the effects of these properties on the use and management of various kinds of soil; and preparation of soil descriptions, maps, reports and interpretive drawings.

I am quite sure that the state legislature never intended to divide and diminish the profession of Soil Scientists by creating a separate Board which does very similar tasks and takes away much of what our profession makes a living at. It is also inconsistent with how other professions in the Commonwealth are handled. Professional Engineers are not separated into separate boards based on their professional education, training and experiences. A chemical engineer should not practice as a geotechnical engineer or as an aeronautical engineer yet there is no difference in the P.E. license they get from DPOR. In fact, any engineer that deems themselves educated and experienced in wastewater disposal can submit permits to the VDH for either conventional or alternative/advanced systems. DPOR was created to regulate professions and assure the health and safety of the commonwealth and its environment. As found in the Strategic plan for DPOR; “The mission of the Department of Professional and Occupational Regulation is to protect the health, safety and welfare of Virginians, while promoting a competent workforce, fair housing opportunities, and a productive economy.” and on the site for The Board of Professional Soil Scientists "The Board for Professional Soil Scientists was established in 1987 to implement a certification program for professional soil scientists for the preservation of health, safety and welfare of the citizens of Virginia." 

The professions of Soil Science and Engineering, although dependant upon each other for the adequate evaluation and design of a septic system, require very different education and training. This regulation, as proposed, requires the licensed on-site soil evaluator or engineer to be trained and efficient in both professions. I agree that cross training can be beneficial. However, although there are some individuals who are certainly versed in both soil evaluation and engineering design, I dare say that most of us are either very good soil scientists - soil/site evaluators or are very good engineers. Why try to force two of the oldest professions in the commonwealth to become something they are not? Why not just work together and provide the best product we collectively can?

Combining the on-site soil evaluators into the Professional Soil Scientist and Wetlands DPOR Board seems consistent and more in line with what is done in other professions. Furthermore, it does appear incorporating the on-site soil evaluators into the existing board would save tax dollars without impacting viable professions currently working in the commonwealth. If this were done all soil professionals, like their P.E. counterparts, would only conduct on-site soil evaluations for septic systems if they have the appropriate education and training. To assure smooth transition, education and experience requirements could easily be equated to those that have already been approved as an AOSE through the Health Department. After all, these individuals have already had to demonstrate adequate education and experience.

Finally, many others have suggested and I agree that:

1) Licensed soil scientists/on-site soil evaluators and professional engineers with the appropriate education and training, should be allowed to conduct soil/site evaluations for all types of septic systems. There is no difference in how you evaluate site and soil characteristics for either system!

2) Professional engineers are able to provide septic system design to the Health Department.

3) If a soil scientist/on-site soil evaluator wishes to provide septic system design, other than for conventional systems, then there certainly should be appropriate testing for that option.

4) All of these professional licenses should require continuing education and professional preparing inappropriate work should be reported to DPOR as designed.

I will leave the correcting of  typos to others. These regulations are a step in the right direction for the Wastewater Industry. In the area of soil scientists it addresses on of the biggest flaws that is present in the Engineering Board, which is the ability to work in the wastewater field even if one may lack the appropriate background and training. In the current state any PE can design wastewater systems onsite or otherwise regardless of their professional background. We do not want to replicate what I believe is a mistake where soil science is concerned. Rather than duplicating a voluntary certification that is the CPSS it attempt further refine the skill set and knowledge requirements that are needed where onsite wastewater is concerned. With respect to someone holding a voluntary CPSS the proposed regulations provide for reduced time and training requirements in order to obtain an COSE/AOSE. Finally in the area of representation, at least two of the people on the board are currently AOSE’s and one is also a CPSS.

I believe that most people in the wastewater industry would agree that the Engineering Board is currently a host to a major flaw, GMP 146, where Engineers can design ANY wastewater treatment system regardless of the soil or site composition.  However, that is not the subject matter of the proposed regulations.

It is important to note that CPSS is a part of DPOR, like any other license (i.e. PE, Land Surveyors, PWD) whether it is required to perform a particular line of duty or not.  For example, there is the licensing of Professional Wetlands Delineators...however it is not a requirement for any line of work.  Just like, CPSS, our certification is not required for any line of work, but is used in many instances for qualification (like to become an AOSE, its an avenue to get licensed).  However, as a CPSS, I will stand stongly behind it stating that all CPSS's believe that it SHOULD be a requirement for onsite soil evaluations, NOT just ONE avenue to get your license.  Just because CPSS is mentioned in the regulations doesn't mean that everyone who is an AOSE is well versed and knowledgeable in the field of soil science.  How many AOSE's who are not CPSS's or who do not have a soil science background or degree truly understand the soil characteristics (structure, rupture resistance, textures, etc.), morphology, geomorphology and interpretion...my guess...not many...and isn't it the soil that established the guidelines for determining the appropriate system.  Why is CPSS only 1 way in which you can become an AOSE...isn't the soil the most IMPORTNAT PART?  It should be the NUMBER1 requirment..."YOU MUST HOLD A VALID CPSS LICENSE", if not you are just a designed.  However, I feel that it would be very important to INDEER grandfather ALL AOSE's with adequate experience into a program like this.   In addition, why are the currently proposed regulations concerned with the soils portion..when we ALREADY have a Board of Professional Soil Scientists that governs that portion of the onsite industry.  Why not save some taxpayer dollars (which i think is a splendid idea in these great economic times) and utilize an existing board for the soils component and use the currently proposed regulations for the system design. The Board of Professional Soil Scientists alreadt has existing requirements, standards, exam procedures, specifications...developed by qualified individuals...EVERYTHING...it is A DPOR BOARD too!  So my suggestion it to require CPSS for the soil components AND an AOSE for the design components. 

And please note that a major steakholder...THE BOARD OF PROFESSIONAL SOIL SCIENTISTS was NEVER involved in the development of these regs...and they are affiliated with DPOR and represent the soils industry.  Nor where any representatives from the Virginia Association of Professional Soil Scientists, which represents a large number of pulic and private soil scientists.  We are not going down without a FIGHT! 

I have a Bachelor's of Science in Computer Science (nonrelated) which I worked full time using for 15 years. I'm now an AOSE in training (3 years in April). I've received 15 credits (45 credit hours) in Waste water/Sewage disposal from SVCC . I, too, find it completely disheartening that my Bachelor of Science degree, according to these regs, is no better than a GED. I, too, have gone from 6 years full time experience to now needing 8 years. On a daily basis I do site and soil evaluations and designs for conventional (with or without a pump), shallow placed (with or without time dosing), advanced secondary to trenches, pads, and drip. I would love for someone to explain to me how an Associates in Waterworks can help you do site and soil evals and system designs.

The Educational Requirements need to be readdressed. As it stands I can go back to school and get an engineering degree in half the time it will take me to get licensed to design CONVENTIONAL onsite septic systems.

Maybe changing the wording to "Three years experience...and any Bachelor of Science degree, or an Associates degree in ...".

Thanks,

Kimberly Harper

LRH Soil Consultants, Inc.

Virginia Beach, VA 23455

There has been rumor that DPOR doesn't really take into account public comment regarding proposed regulations (basse on emails and conversation floating around in the state).  Well, it must be true considering the following:

Acoording to some emails floating around, Mrs. Deborah Ford of PSI Examination Development Consultant has already been contracted to develop the three exams for the "proposed regulations", which is including: installers, operators, and evaluators (soils).  So we are wasting steakholders time in giving comments regarding the regulations, wasting tax payer dollars for holding public hearings and meetings regarding the "proposed" regulations (even though don't appear to be proposed...more like "thee regulations", AND most importantly bypassing the fact the DPOR already has a soils exam created by ACTUAL soil scientists, not some company.  And I thought we were in a time of budget cuts!?  And shouldn't the regulations be at least past public comment and ammended as necessary BEFORE the exams are developed!?!  It doesn't make a whole lot of sense!
 

SRES 440 ATS
110th CONGRESS

2d Session

S. RES. 440

Recognizing soil as an essential natural resource, and soils professionals as playing a critical role in managing our Nation’s soil resources.

IN THE SENATE OF THE UNITED STATES

January 31, 2008

Mr. BROWN (for himself, Mr. VOINOVICH, Mr. GRASSLEY, Mr. SALAZAR, Mr. FEINGOLD, Mr. CONRAD, and Mr. HARKIN) submitted the following resolution; which was referred to the Committee on Agriculture, Nutrition, and Forestry

June 23, 2008

Committee discharged; considered and agreed to

RESOLUTION

Recognizing soil as an essential natural resource, and soils professionals as playing a critical role in managing our Nation’s soil resources.

Whereas soil, plant, animal, and human health are intricately linked and the sustainable use of soil affects climate, water and air quality, human health, biodiversity, food safety, and agricultural production;

Whereas soil is a dynamic system which performs many functions and services vital to human activities and ecosystems;

Whereas, despite soil’s importance to human health, the environment, nutrition and food, feed, fiber, and fuel production, there is little public awareness of the importance of soil protection;

Whereas the degradation of soil can be rapid, while the formation and regeneration processes can be very slow;

Whereas protection of United States soil based on the principles of preservation and enhancement of soil functions, prevention of soil degradation, mitigation of detrimental use, and restoration of degraded soils is essential to the long-term prosperity of the United States;

Whereas legislation in the areas of organic, industrial, chemical, biological, and medical waste pollution prevention and control should consider soil protection provisions;

Whereas legislation on climate change, water quality, agriculture, and rural development should offer a coherent and effective legislative framework for common principles and objectives that are aimed at protection and sustainable use of soils in the United States;

Whereas soil contamination coupled with poor or inappropriate soil management practices continues to leave contaminated sites unremediated; and

Whereas soil can be managed in a sustainable manner, which preserves its capacity to deliver ecological, economic, and social benefits, while maintaining its value for future generations: Now, therefore, be it

Resolved, That the Senate--

(1) recognizes it as necessary to improve knowledge, exchange information, and develop and implement best practices for soil management, soil restoration, carbon sequestration, and long-term use of the Nation’s soil resources;

(2) recognizes the important role of soil scientists and soils professionals, who are well-equipped with the information and experience needed to address the issues of today and those of tomorrow in managing the Nation’s soil resources;

(3) commends soil scientists and soils professionals for their efforts to promote education, outreach, and awareness necessary for generating more public interest in and appreciation for soils; and

(4) acknowledges the promise of soil scientists and soils professionals to continue to enrich the lives of all Americans by improving stewardship of the soil, combating soil degradation, and ensuring the future protection and sustainable use of our air, soil, and water resources.

To qualify for licensure as a conventional onsite soil evaluator, an applicant who does not have an interim license   (such as an applicant  who was not previously an AOSE authorized by VDH)  must pass an examination and have a combination of education and years of experience working under the supervision of a Conventional or Alternative Onsite Soil Evaluator.

Will time spent working under the supervision of an an interim Onsite Soil Evaluator- (an AOSE who has been given an interim license)- qualify as time towards the years of experience working under supervision of a licensee?   If  not, it may be years before there are enough licensed indivduals to supervise the unlicensed ones.  They will have to wait for the interim licensees to become regular licensees

(4) `Practice of soil science' means any service or work, the adequate performance of which requires education in the physical, chemical, and biological sciences, as well as soil science; training and experience in the application of special knowledge of these sciences to the use and management of soils by accepted principles and methods; and investigation, evaluation, and consultation; and in which the performance is related to the public welfare by safeguarding life,health, property, and the environment. `Practice of soil science' includes, but is not limited to, investigating and evaluating the interaction between water, soil, nutrients, plants, and other livingorganisms that are used to prepare soil scientists' reports for: subsurface ground absorption systems, including infiltration galleries; land application of residuals such as sludge, septage, and other wastes; spray irrigation of wastewater; soil remediation at conventional rates; land application of agricultural products; processing residues, bioremediation, and volatilization; soil erodibility and sedimentation; and identification of hydric soil and redoximorphic features.

1. Convert the Board for Certified Professional Soil Scientist to the Board for Licensed Professional Soil Scientists
2. All existing CPSS's should be grandfathered as Licensed Professional Soil Scientists

The definition of an Alternative onsite soil evaluator is incorrect.

Subsection C is confusing does the alterntive onsite soil evaluator superceed the conventional onsite soil evaluator.  this was not defined in the definition.

t

Under the definition of an alternative onsite sewage systyem operator it sates an individual can "make adjustments or cause adjustments in the operation of a unit process at a treatment works"

Does this mean an operator can adjust systems deisgn by an engineer with out the engineer's approval?  Can an operator make adjustments to performance based system without an angineer'sapproval?