Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals intends to consider amending 18VAC160-40, Onsite Sewage System Professionals Licensing Regulations. The purpose of the proposed action is to undertake a general regulatory review of the regulation. A thorough review of the regulation is necessary to address areas where the regulation would benefit from reorganization or clarification to ensure the regulation complements current Virginia law, provides minimal burdens on regulants while still protecting the public, is clearly written and understandable, and reflects current procedures and policies of the Department of Professional and Occupational Regulation. The goals of the planned regulatory action are to review the existing regulation and propose any amendments the board determines to be necessary and appropriate. As the regulation is developed, the board will likely need to address issues surrounding (i) possible barriers to licensure, including those encountered by individuals who are properly licensed in other states; (ii) possible barriers to individuals whose work only includes pumping of septic systems; (iii) how applicants can adequately demonstrate requisite knowledge and experience in order to qualify for licensure; and (iv) the minimum standards for the conduct and practice for onsite sewage system professionals, including standards for supervision of journeyman licensees and the responsibilities of licensees to the public. These issues are not inclusive of all potential issues that may be addressed during development of the regulation.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Public Comment Deadline: December 21, 2022.

Agency Contact: Joseph C. Haughwout, Jr., Regulatory Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (866) 490-2723, or email waterwasteoper@dpor.virginia.gov.