Title of Regulation: 18VAC160-20. Board for Waterworks and Wastewater Works Operators Regulations (amending 18VAC160-20-10, 18VAC160-20-74, 18VAC160-20-76, 18VAC160-20-80, 18VAC160-20-90, 18VAC160-20-102, 18VAC160-20-104, 18VAC160-20-106, 18VAC160-20-109, 18VAC160-20-140, 18VAC160-20-150; adding 18VAC160-20-82, 18VAC160-20-84, 18VAC160-20-94, 18VAC160-20-96, 18VAC160-20-97, 18VAC160-20-98, 18VAC160-20-145).

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

Effective Date: July 1, 2009

Agency Contact: Justin Garofalo, Board Administrator, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2567, FAX (804) 527-4297, or email justin.garofalo@dpor.virginia.gov.

Summary:

The amendments establish a program for licensing individuals as onsite soil evaluators, onsite sewage system installers, and onsite sewage system operators as mandated by § 54.1-2301 of the Code of Virginia. The amendments include requirements for minimum education and training, relevant work experience, demonstrated knowledge and skills, and fees to cover program costs.

Changes from the proposed include (i) amending definitions specific to alternative and conventional evaluators, installers, and operators to specify job scopes unique to each license type; (ii) changing language to specify that alternative licensees can also perform conventional work but not vice versa -- conventional licensees can still only perform conventional work; (iii) allowing evaluator, installer, and operator licensees the option to substitute education and training to meet some of the experience requirements -- this is consistent with what waterworks and wastewater works operators are currently allowed to do; (iv) creating an option for interim licensure as a conventional onsite soil evaluator for VDH employees who currently perform this type of work; (v) creating an option for VDH Alternative Onsite Soil Evaluators (AOSE) (AOSE's who meet the qualifications for an alternative onsite soil evaluator license and are current as of June 30, 2009; (vi) changing all interim licenses from a 24-month expiration (evaluators) or 36-month expiration (installers and operators) to a 48-month expiration; (vii) changing language for soil evaluators to allow each license to evaluate soils for any type of system but to only be able to design a system consistent with the type of evaluator license (conventional or alternative); (viii) amending entry requirements to include the acceptance of additional relevant degrees -- since onsite soil evaluators can also design systems, the entry requirements were changed to mandate that Certified Professional Soil Scientists (CPSS) demonstrate proof of system design experience; (ix) adding experience evaluating soils and designing systems for entry requirements as a VDH employee; (x) changing onsite sewage system installer entry requirements by eliminating language that was restrictive to the prospective license applicant; (xi) changing language for installers to mandate that experience be verified by certain industry-specific professionals adding entry requirement options; (xii) prohibiting situations that could create potential conflicts of interest; and (xiii) removing self-assessment as a valid measurement technique for a student's completion of a training course.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

CHAPTER 20
BOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS REGULATIONS

Part I
Definitions, Licensing and Classification Requirements

18VAC160-20-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Alternative onsite sewage system" means a treatment works that is not a 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 ] conventional [ and alternative ] onsite sewage [ system and does not result in a point source discharge systems ].

"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 operate and maintain conventional and alternative onsite sewage systems ].

"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 evaluate soils and soil properties in relationship to the effect of these properties on the use and management of these soils as the locations for conventional and alternative onsite sewage systems, to certify in accordance with applicable state regulations and local ordinances that sites are suitable for conventional and alternative onsite sewage systems, and to design conventional and alternative onsite sewage systems suitable for the soils ].

"Authorized onsite soil evaluator" or "AOSE" means an individual holding an authorized onsite soil evaluator certification issued by the Virginia Department of Health that [ is was ] valid on [ the effective date of this chapter June 30, 2009 ].

"Board" means the Board for Waterworks and Wastewater Works Operators [ and Onsite Sewage System Professionals or any successor agency ].

"Category" means the two divisions of waterworks and wastewater works operators' licenses, one being waterworks and the second being wastewater works waterworks operator, wastewater works operator, 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.

"Classified facility" means a waterworks 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 50 minutes of participation in a structured training activity.

"Continuing Professional Education (CPE)" means participation in a structured training activity that enables a licensed waterworks operator licensee to maintain and increase the competence required to assure the public's protection.

"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 operate and maintain a conventional onsite sewage system ].

"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 [ and alternative ] onsite sewage systems [ , to certify in accordance with applicable state regulations and local ordinances that sites are suitable for conventional and alternative onsite sewage systems, and to design conventional onsite sewage systems suitable for the soils ].

"Department" means the Virginia Department of Professional and Occupational Regulation.

"Direct supervision" means being responsible for the compliance with [ the this ] chapter by any [ unlicensed ] individual who [ , for the purpose of obtaining the necessary competence to qualify for licensure, ] is engaged in activities requiring an operator, installer, or evaluator license [ , but who is not licensed to perform those duties, for the purpose of obtaining the competence necessary to qualify for licensure ].

"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 waterworks or, 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, 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 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.

"Interim licensee" means an individual holding a valid interim 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.

"Licensee" means an individual holding a valid license issued by the board.

"Licensure" means a method of regulation whereby the Commonwealth, through the issuance of a license, authorizes a person possessing the character and minimum skills to engage in the practice of a profession or occupation that is unlawful to practice without a license.

"Maintenance [ " or "maintain" ] 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. Maintenance includes pumping the tanks or cleaning the building sewer on a 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.

"Nonclassified facility" means a facility located in Virginia that has not been classified by the Virginia Department of Health or a facility that has not been classified by the Virginia Department of Environmental Quality.

"Onsite sewage system" means a conventional onsite sewage system or an alternative onsite sewage system.

"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 effluent at an onsite sewage system ].

"Operating staff" means individuals employed or appointed by an owner to work at a waterworks or wastewater works.

"Operator" means any individual employed or appointed by any owner, and who is designated by such owner to be the person in responsible charge, such as a supervisor, a shift operator, or a substitute in charge, and whose duties include testing or evaluation to control waterworks [ or, ] wastewater works operations [ , ] or to operate onsite sewage systems. Not included in this definition are superintendents or directors of public works, city engineers, or other municipal or industrial officials whose duties do not include the actual operation or direct supervision of waterworks or wastewater 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 sewage system ]. 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, [ propose to own, ] manage, or maintain waterworks [ or, ] wastewater works [ , or onsite sewage systems ].

"Provisional licensee" means an individual holding a valid provisional license issued by the board.

"Provisional licensure" or "provisional license" means a method of regulation whereby the Commonwealth recognizes an individual as having met specific standards but who is not authorized to operate a classified facility until he has met the remaining requirements for licensure and has been issued a license.

"Renewal" means continuing the effectiveness of a license for another period of time.

"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 sewage system ].

"Sewage" means water-carried and nonwater-carried human excrement, kitchen, laundry, shower, bath or lavatory wastes separately or together with such underground, surface, storm or other water and liquid industrial wastes as may be present from residences, buildings, vehicles, industrial establishments or other places.

"Sewage handler" means any person who removes or contracts to remove and transports by vehicle the contents of any septic tank, sewage treatment plant, privy, holding tank, portable toilet [ , or other treatment or holding device, ] or any sewage, septage or sewage sludges [ that have been processed to meet acceptable treatment standards of and who is permitted under the Sewage Handling and Disposal Regulations (12VAC5-610) [ or successor regulation ].

"Sewerage system" means pipelines or conduits, pumping stations and force mains, and all other construction, devices and appliances appurtenant thereto, used for the collection and conveyance of sewage to a treatment works or point of ultimate disposal, as defined in the Sewage Handling and Disposal Regulations (12VAC5-610).

"Structured training activity" means a formal educational process designed to permit a participant to learn a given subject or subjects through interaction with an instructor in a course, seminar, conference, distance learning, or other performance-oriented format.

"Transportation" means the vehicular conveyance of sewage, as defined in § 32.1-163 of the Code of Virginia.

"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) ].

"VDH" means Virginia Department of Health.

"Wastewater works" means a system of (i) sewerage systems or sewage treatment works serving more than 400 persons, as set forth in § 62.1-44.18 of the Code of Virginia; (ii) sewerage systems or sewage treatment works serving fewer than 400 persons, as set forth in § 62.1-44.18 of the Code of Virginia, if so certified by the State Water Control Board; and (iii) facilities for discharge into state waters of industrial wastes or other wastes, if certified by the State Water Control Board.

"Wastewater works operator" means any individual employed or appointed by any owner, who is designated by such owner to be the person in responsible charge, such as a supervisor, a shift operator, or a substitute in charge, and whose duties include testing or evaluation to control wastewater works operations. Superintendents or directors of public works, city engineers, or other municipal or industrial officials whose duties do not include the actual operation or direct supervision of wastewater works are not included in this definition.

"Waterworks" means a system that serves piped water for drinking or domestic use to (i) at least 15 connections or (ii) at least 25 of the same individuals for more than six months out of the year. The term waterworks shall include all structures, equipment, and appurtenances used in the storage, collection, purification, treatment and distribution of pure water, except the piping and fixtures inside the building where such water is delivered.

"Waterworks operator" means any individual employed or appointed by any owner, who is designated by such owner to be the person in responsible charge, such as a supervisor, a shift operator, or a substitute in charge, and whose duties include testing or evaluation to control waterworks operations. Superintendents or directors of public works, city engineers, or other municipal or industrial officials whose duties do not include the actual operation or direct supervision of waterworks are not included in this definition.

Part II
License Requirements

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.

B. Provisional licensure shall not authorize an individual to serve as the operator of a classified waterworks or waste waterworks facility.

C. No [ person individual ] shall act as [ an a ] 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 the ] previously issued conventional [ licenses license and shall authorize the alternative licensee to perform duties on both conventional and alternative onsite sewage systems consistent with the license category ]. [ 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 individual ] 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 onsite sewage system operator license.

18VAC160-20-76. Application.

A. Application shall be made as follows:

1. Individuals desiring to sit for the board's examination shall apply on forms made available by the board or by an examination vendor approved by the board.

2. Individuals who have passed the board's examination shall apply for a license on forms made available by the board or by an examination vendor approved by the board.

3. All applications shall be completed in accordance with the accompanying instructions and shall have all required documentation attached.

4. The examination fee established in 18VAC160-20-102 shall accompany each examination application and the application fee established in 18VAC160-20-102 shall accompany each license application.

B. The receipt of an application and the deposit of fees in no way indicates approval of an application.

C. All fees shall be nonrefundable.

D. Individual applicants shall be at least 18 years of age.

E. Each applicant for a license shall have passed the board's examination and shall disclose the following information about himself:

1. Any conviction by a court in any jurisdiction of any felony or of any misdemeanor involving lying, cheating or stealing, or of any misrepresentation while engaged in waterworks or wastewater works activities. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. A certified copy of a final order, decree or case decision by a court or regulatory agency with the lawful authority to issue such order, decree or case decision shall be prima facie evidence of such conviction or discipline.

2. Any disciplinary action taken by the board or another jurisdiction in connection with the applicant's activities as a waterworks or wastewater works operator, including but not limited to, monetary penalties, fines, suspension, revocation, or surrender of a license in connection with a disciplinary action.

3. His physical address. A post office box shall not be accepted in lieu of a physical address.

E. Each applicant shall disclose his physical home address. A post office box shall not be accepted in lieu of a physical address.

F. Each applicant for a license shall have passed the appropriate board-approved examination.

G. Each applicant [ shall be in good standing holding a license ] as a [ licensed ] waterworks operator, wastewater works operator, onsite soil evaluator, onsite sewage system operator, or onsite sewage system installer [ shall be in good standing ] 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 subsection ] . 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. Applicants for licensure who do not meet the requirements set forth in subsections G and H of this section may be approved for licensure following consideration by the board in accordance with § 54.1-204 of the Code of Virginia.

J. Examinations. A board-approved examination shall be administered by the board or by an examination vendor approved by the board.

1. Each individual applying to sit for the examination shall satisfy the licensure requirements established by this chapter before being approved to sit for the examination. Individuals approved to sit for the examination shall be provided with written instructions for examination registration.

2. Examinees will be given specific instructions as to the conduct of the examination at the examination site. Examinees shall follow these instructions during the course of the examination. Misconduct may result in removal from the examination site, voided examination scores, the denial of the application, or any combination of the foregoing.

3. Upon submission of an application for reexamination and payment of the examination fee established in 18VAC160-20-102, an applicant who is unsuccessful in passing the examination shall be allowed to retake the examination an unlimited number of times within one year after the date that the application to sit for the examination was approved. If the one-year period elapses, then the applicant shall submit a new application to sit for the examination establishing that he meets the then-current requirements of this chapter and the examination fee established in 18VAC160-20-102.

[ K. Any applicant relying on experience with VDH to meet the minimum requirements for licensure shall provide an endorsement from the applicant’s direct supervisor at VDH stating that the applicant’s job performance has been satisfactory. ]

[ K. L. ] Licensure. Individuals who have passed the board-approved examination shall apply for licensure and shall satisfy the licensure requirements established in this chapter.

18VAC160-20-80. Individuals certified or licensed in other jurisdictions.

Any applicant holding a valid license or certificate in another jurisdiction who meets the requirements of this chapter, including experience and education, may take shall pass the appropriate Virginia examination in the Virginia category and classification comparable to the license or certificate held in the other jurisdiction to become licensed.

18VAC160-20-82. Interim licensure of [ certain ] individuals [ holding an authorized onsite soil evaluator certificate issued employed ] by the Virginia Department of Health (VDH).

A. [ The board shall issue Applicants for ] 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. who are employees of the Virginia Department of Health and whose duties include onsite soil evaluation and onsite septic system design shall meet the following standards:

1. Submit a complete application form documenting at least the minimum combination of education and experience required for licensure as a conventional onsite soil evaluator required by this chapter; and

2. Include an endorsement from the applicant’s direct supervisor stating that the applicant’s job performance has been satisfactory. ]

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 solely for the purpose of performing his duties as an employee of VDH ].

C. Each interim onsite soil evaluator license shall expire on the last day of the month that is [ 36 48 ] months after the date of issuance by the department [ or on the date that the employee is no longer performing onsite soil evaluation duties for VDH, whichever occurs first, ] 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 ].

[ E. Virginia Department of Health employees who fail to have their application for the interim onsite soil evaluator license in the department’s possession by December 31, 2009, shall not be eligible for an interim onsite soil evaluator license and shall apply for a license pursuant to 18VAC160-20-96. ]

18VAC160-20-84. Interim license, onsite sewage system installer and operator.

A. The board may issue an interim onsite sewage system [ installer ] license [ or an interim onsite sewage system operator license ] to any individual who makes application in accordance with 18VAC160-20-76, and who meets the specific entry requirements of this section, provided that the application is received by the department no later than [ 12 months after the effective date of this chapter June 30, 2010 ]. Individuals who fail to have their application in the department's possession [ within 12 months after the effective date of this chapter by June 30, 2010, ] shall not be eligible for an interim license and shall apply for a license pursuant to 18VAC160-20-97 or 18VAC160-20-98 as appropriate.

B. Each interim onsite sewage system [ installer ] license [ and interim onsite sewage system operator license ] shall expire on the last day of the month that is [ 24 48 ] months after the date of issuance by the department and shall not be subject to renewal.

C. To maintain licensure, each interim onsite sewage system license holder shall apply for and be issued a license under the provisions of 18VAC160-20-97 or 18VAC160-20-98, as appropriate, before the interim onsite sewage system [ installer license or interim onsite sewage system operator ] license expiration date.

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

E. Specific entry requirements - installer.

1. Interim conventional onsite sewage system installer applicants shall have six months of [ documented ] full-time experience [ working with a firm holding a Sewage Handling and Disposal Permit (SHDP) issued by the Virginia Department of Health (VDH) installing alternative or conventional onsite sewage systems under the direct supervision of a properly licensed contractor holding a sewage disposal systems (SDS) specialty issued by the Virginia Board for Contractors or the applicant must have six months of documented full-time experience installing alternative or conventional onsite sewage systems as a properly licensed contractor holding a SDS specialty issued by the Virginia Board for Contractors ].

2. Interim alternative onsite sewage system installer applicants shall have six months of [ documented ] full-time experience [ working with a firm holding a Sewage Handling and Disposal Permit (SHDP) issued by the VDH installing alternative onsite sewage systems under the direct supervision of a properly licensed contractor holding a sewage disposal systems (SDS) specialty issued by the Virginia Board for Contractors or the applicant must have six months of documented full-time experience installing alternative onsite sewage systems as a properly licensed contractor holding a SDS specialty issued by the Virginia Board for Contractors ].

F. Specific entry requirements - operator.

1. Interim conventional onsite sewage system operator applicants shall have 12 months of [ documented ] full-time experience [ as a conventional onsite sewage system operator providing operation and maintenance services for conventional onsite sewage systems or as a sewage handler permitted by VDH ].

2. Interim alternative onsite sewage system operator applicants shall have 12 months of [ documented ] full-time experience [ as an alternative onsite sewage system operator providing operation and maintenance services for alternative onsite sewage systems ].

18VAC160-20-90. Licensure by experience and examination. Qualifications for licensure of waterworks operators and wastewater works operators.

Licensure A. Waterworks operator and wastewater works operator licensure is based upon having applicable experience and demonstrating minimum required knowledge, skills and abilities through an examination. Education, training, and experience in the other category may be substituted for the required experience as specified in this section.

A. B. Experience. For purposes of this chapter section, experience requirements are expressed in terms of calendar periods of full-time employment as an operator or as an operator-in-training at a waterworks or wastewater works in the same category as the license being applied for. All experience claimed on the application for licensure must be certified by the individual's immediate supervisor.

1. A year of full-time employment is defined as a minimum of 1,760 hours during a 12-month period or a minimum of 220 workdays in a 12-month period. A workday is defined as attendance at a waterworks or wastewater works to the extent required for proper operation. More than 1,760 hours or 220 work days during a 12-month period will not be considered as more than one year of full-time employment.

2. Experience gained as an operator-in-training must be obtained under the [ direct ] supervision of an operator holding a valid license of the same category and of a classification equal to or higher than the classification of the waterworks or wastewater works at which the experience is gained. The supervising operator shall certify the experience on the application form as accurate and relevant to the classification and category of license for which the application is being submitted.

3. Partial credit may be given for actual hours of work or workdays experience if the applicant works as an operator or as an operator-in-training less than full time.

4. Experience solely limited to the operation and maintenance of wastewater collection systems and water distribution systems, laboratory work, plant maintenance, and other nonoperating duties shall not be counted as experience as an operator or as an operator-in-training.

5. Experience limited to water distribution system operation and maintenance shall be considered only when applying for a Class V or Class VI waterworks operator license.

B. C. Specific requirements for licenses.

1. Specific requirements for a Class VI license. Applicants for licensure as a Class VI waterworks operator shall meet one of the following requirements and pass a board-approved examination:

a. Have (i) a high school diploma or GED and (ii) at least six months of experience as an operator-in-training in a Class VI, Class V, Class IV, Class III, Class II, or Class I waterworks; or

b. Have (i) no high school diploma and (ii) at least one year of experience as an operator-in-training in a Class VI, Class V, Class IV, Class III, Class II, or Class I waterworks.

2. Specific requirements for a Class V license. Applicants for licensure as a Class V waterworks operator shall meet one of the following requirements and pass a board-approved examination:

a. Have (i) a high school diploma or GED and (ii) at least six months of experience as an operator-in-training in a Class V, Class IV, Class III, Class II, or Class I waterworks; or

b. Have (i) no high school diploma and (ii) at least one year of experience as an operator-in-training in a Class V, Class IV, Class III, Class II, or Class I waterworks.

3. Specific requirements for a Class IV license. Applicants for licensure as either a Class IV waterworks or wastewater works operator shall meet one of the following requirements and pass a board-approved examination:

a. Have (i) a high school diploma or GED and (ii) at least six months of experience as an operator-in-training in a Class IV, Class III, Class II, or Class I waterworks or wastewater works (as appropriate); or

b. Have (i) no high school diploma and (ii) at least one year of experience as an operator-in-training in a Class IV, Class III, Class II, or Class I waterworks or wastewater works (as appropriate).

Experience obtained as a licensed alternative onsite sewage system operator may substitute for the wastewater works [ operator in training operator-in-training ] experience requirements established under [ subdivisions subparts ] a and b of this subdivision [ 3 ].

4. Specific requirements for a Class III license. Applicants for licensure as either a Class III waterworks or wastewater works operator shall meet one of the following requirements and pass a board-approved examination:

a. Have (i) a bachelor's degree in engineering or engineering technology, or in physical, biological or chemical science; and (ii) at least one year of experience as an operator-in-training in a Class IV, Class III, Class II, or Class I waterworks or wastewater works (as appropriate); or

b. Have (i) a bachelor's degree in engineering or engineering technology, or in physical, biological or chemical science; (ii) a Class IV license; and (iii) a total of at least one year of experience as an operator or operator-in-training in a Class IV waterworks or wastewater works (as appropriate) or as an operator-in-training in a Class III, Class II, or Class I waterworks or wastewater works (as appropriate); or

c. Have (i) a high school diploma or GED and (ii) at least two years of experience as an operator-in-training in a Class IV, Class III, Class II, or Class I waterworks or wastewater works (as appropriate); or

d. Have (i) a high school diploma or GED, (ii) a Class IV license, and (iii) a total of at least two years of experience as an operator or operator-in-training in a Class IV waterworks or wastewater works (as appropriate) or as an operator-in-training in a Class III, Class II, or Class I waterworks or wastewater works (as appropriate); or

e. Have (i) no high school diploma, (ii) a Class IV license, and (iii) a total of at least four years of experience as an operator or operator-in-training in a Class IV waterworks or wastewater works (as appropriate) or as an operator-in-training in a Class III, Class II, or Class I waterworks or wastewater works (as appropriate).

5. Specific requirements for a Class II license. Applicants for licensure as either a Class II waterworks or wastewater works operator shall meet one of the following requirements and pass a board-approved examination:

a. Have (i) a bachelor's degree in engineering or engineering technology, or in physical, biological or chemical science; and (ii) a total of at least 1-1/2 years of experience, of which at least six months without substitutions shall be as an operator-in-training in a Class III, Class II or Class I waterworks or wastewater works (as appropriate); or

b. Have (i) a bachelor's degree in engineering or engineering technology, or in physical, biological or chemical science; (ii) a Class IV license; and (iii) a total of at least 1-1/2 years of experience, of which at least six months without substitutions shall be as an operator-in-training in a Class III, Class II or Class I waterworks or wastewater works (as appropriate); or

c. Have (i) a bachelor's degree in engineering or engineering technology, or in physical, biological or chemical science; (ii) a Class III license; and (iii) a total of at least 1-1/2 years of experience, of which at least six months, without substitutions shall be as an operator or operator-in-training in a Class III waterworks or wastewater works (as appropriate) or as an operator-in-training in a Class II or Class I waterworks or wastewater works (as appropriate); or

d. Have (i) a high school diploma or GED, (ii) a Class III license, and (iii) a total of at least four years of experience of which at least two years without substitutions shall be as an operator or operator-in-training in a Class III waterworks or wastewater works (as appropriate) or as an operator-in-training in a Class II or Class I waterworks or wastewater works (as appropriate); or

e. Have (i) no high school diploma, (ii) a Class III license, and (iii) a total of at least seven years of experience of which at least three years without substitutions shall be as an operator or operator-in-training in a Class III waterworks or wastewater works (as appropriate) or as an operator-in-training in a Class II or Class I waterworks or wastewater works (as appropriate).

6. Specific requirements for a Class I license. Applicants for licensure as either a Class I waterworks or wastewater works operator shall meet one of the following requirements and pass a board-approved examination:

a. Have (i) a bachelor's degree in engineering or engineering technology, or in physical, biological or chemical science; (ii) a Class II license; and (iii) a total of at least 2-1/2 years of experience, of which at least one year without substitutions shall be as an operator or operator-in-training in a Class II waterworks or wastewater works (as appropriate) or as an operator-in-training in a Class I waterworks or wastewater works (as appropriate); or

b. Have (i) a high school diploma or GED, (ii) a Class II license and (iii) a total of at least six years of experience of which at least two years without substitutions shall be as an operator or operator-in-training in a Class II waterworks or wastewater works (as appropriate) or as an operator-in-training in a Class I waterworks or wastewater works (as appropriate); or

c. Have (i) no high school diploma, (ii) a Class II license, and (iii) a total of at least 10 years of experience of which at least three years without substitutions shall be as an operator or operator-in-training in a Class II waterworks or wastewater works (as appropriate) or as an operator-in-training in a Class I waterworks or wastewater works (as appropriate).

[ C. D. ] Substitutions for required experience. For the purpose of meeting the experience requirements for Class III, Class II, and Class I licenses, experience in the other category, relevant training in waterworks and wastewater works operation, and formal education may be substituted for actual hands-on experience in the category being applied for.

1. Category experience substitution. One half of the actual experience gained in the other category may be substituted for required experience in the category of the license being applied for.

2. Education substitution. Education may be substituted for part of the required experience in the category of the license being applied for, subject to the following limitations:

a. Education used to meet the educational requirements for any class of license may not be substituted for experience.

b. Formal education courses at a post-secondary level in physical, biological or chemical science; engineering or engineering technology; waterworks or wastewater works operation; or public health may be substituted for part of the required experience.

(1) All education substituted for experience must be relevant to the category and classification of the license being applied for.

(2) Education may be substituted for experience at a rate of up to one month experience for each semester hour of college credit approved by the board. One quarter hour of college credit will be considered equal to two thirds of a semester hour.

(3) Substitution of formal education experience will be approved by the board only for applicants who submit a transcript from the institution where the course was taken.

c. Training substitution. Waterworks or wastewater works operator training courses, seminars, workshops, or similar training, specifically approved by the board, may be substituted for part of the required experience.

(1) All training substituted for experience must be relevant to the category and classification of the license being applied for.

(2) Training may be substituted for experience at a rate of one month experience for each training credit approved by the board. Up to one training credit is awarded for each 10 hours of classroom contact time or for each 20 hours of laboratory exercise and field trip contact time. No credit towards training credits is granted for breaks, meals, receptions, and time other than classroom, laboratory and field trip contact time.

(3) All courses used for substitution must be approved by utilizing the criteria set forth in Part VI [ (18VAC160-20-160) (18VAC160-20-150) ] of this chapter.

(4) Substitution of training for experience will be approved by the board only for applicants who submit a copy of an appropriate certificate identifying the subject matter of the course and the training credit value, and signed by a representative of the organization sponsoring the training.

3. Limitations on substitution.

a. Under no circumstances shall category experience, education, and training substitutions exceed 50% of the total experience required under this subsection.

b. No category experience, education, or training substitutions are permitted for the experience required to obtain a Class VI, Class V or a Class IV license as specified in subsection [ B C ] of this section.

D. Examination. A board-approved examination shall be administered by the board or by an examination vendor approved by the board.

1. Each individual applying to sit for the examination shall satisfy the experience standards established in this section before being approved to sit for the examination. Individuals approved to sit for the examination shall be provided with written instructions for examination registration.

2. Examinees will be given specific instructions as to the conduct of the examination at the examination site. Examinees shall follow these instructions during the course of the examination. Misconduct may result in removal from the examination site, voided examination scores, the denial of the application or any combination of the foregoing.

3. Upon submission of an application for reexamination and payment of the fee established in 18VAC160-20-102, an applicant who is unsuccessful in passing the examination shall be allowed to retake the examination an unlimited number of times within one year after the date the application to sit for the examination was approved. If the one-year period elapses, then the applicant shall submit a new application to sit for the examination establishing that he meets the then-current requirements of this chapter and the fee established in 18VAC160-20-102.

4. Each application for reexamination shall be accompanied by the fee established in 18VAC160-20-102.

E. Licensure. Individuals who have passed the board-approved examination shall apply for licensure and shall satisfy the application requirements established in 18VAC160-20-76.

[ 18VAC160-20-94. Qualifications for licensure - individuals holding authorized onsite soil evaluator certifications.

Individuals holding a valid authorized onsite soil evaluator certification issued by VDH that was valid on June 30, 2009, may apply for an alternative onsite soil evaluator license and shall be deemed to have met the specific entry requirements of 18VAC160-20-96 C 2 and to have passed a board-approved examination for alternative onsite soil evaluator, provided that the application is received by the department by December 31, 2009. Each applicant shall make application in accordance with 18VAC160-20-76. ]

18VAC160-20-96. Qualifications for licensure - onsite soil evaluators.

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. Each applicant holding a valid interim onsite soil evaluator license shall submit documentation of compliance with the continuing professional education requirements provided for in this chapter at the time of application. ]

[ B. C. ] Specific entry requirements.

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

a. [ A Possess 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 [ and conventional onsite sewage system design ] experience;

b. [ Two Possess a bachelor’s degree with a major in soil science, biology, chemistry, engineering, environmental science, geology, agronomy, earth science, or environmental health and have two ] years of full-time experience evaluating site and soil conditions [ and designing conventional onsite sewage systems ] 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 bachelor's degree with a major in soil science, biology, chemistry, engineering or environmental science; any of the following:

(1) An authorized onsite soil evaluator certified by VDH before July 1, 2009;

(2) An interim licensed onsite soil evaluator;

(3) A licensed conventional onsite soil evaluator; or

(4) A licensed alternative onsite soil evaluator;

c. Possess a bachelor’s degree with a major in soil science, biology, chemistry, engineering, environmental science, geology, agronomy, earth science, or environmental health and have two years of full-time experience evaluating site and soil conditions and designing conventional onsite sewage systems in compliance with this chapter as a VDH employee prior to July 1, 2009; ]

[ c. Three d. ] Possess an associate’s degree in waterworks, wastewater works, environmental science, or engineering technology and have three ] years of full-time experience evaluating site and soil conditions [ and designing conventional onsite sewage systems ] 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 an associate's degree in waterworks, wastewater works, environmental science, or engineering technology; or of any of the following: ]

(1) An authorized onsite soil evaluator certified by VDH before July 1, 2009;

(2) An interim licensed onsite soil evaluator;

(3) A licensed conventional onsite soil evaluator; or

(4) A licensed alternative onsite soil evaluator; ]

e. Possess an associate’s degree in waterworks, wastewater works, environmental science, or engineering technology and have three years of full-time experience evaluating site and soil conditions and designing conventional onsite sewage systems in compliance with this chapter as a VDH employee prior to July 1, 2009;

f. Have satisfactorily completed the VDH onsite sewage system training program and have four years of full-time experience evaluating site and soil conditions and designing conventional onsite sewage systems in compliance with this chapter under the direct supervision of any of the following:

(1) An authorized onsite soil evaluator certified by VDH before July 1, 2009;

(2) An interim licensed onsite soil evaluator;

(3) A licensed conventional onsite soil evaluator; or

(4) A licensed alternative onsite soil evaluator;

[ d. Eight g. Have eight ] years of full-time experience evaluating site and soil conditions [ and designing conventional onsite sewage systems ] in compliance with this chapter under the direct supervision of [ a licensed conventional onsite soil evaluator or of a licensed alternative onsite soil evaluator. any of the following:

(1) An authorized onsite soil evaluator certified by VDH before July 1, 2009;

(2) An interim licensed onsite soil evaluator;

(3) A licensed conventional onsite soil evaluator; or

(4) A licensed alternative onsite soil evaluator; or

h. Have eight years of full-time experience evaluating site and soil conditions and designing conventional onsite sewage systems in compliance with this chapter as an employee of VDH prior to July 1, 2009. ]

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 Have two ] years of full-time experience in evaluating [ soils ] and designing [ alternative ] onsite sewage systems obtained during the last four years under [ the direct supervision of either an authorized onsite soil evaluator certified by VDH before July 1, 2009, a currently licensed interim onsite soil evaluator, or ] a currently licensed alternative onsite soil evaluator [ licensee.; ]

[ b. Have two years of full-time experience in evaluating soils and designing onsite sewage systems, including the review of alternative onsite sewage system designs, as either an employee of VDH or a local government; ]

[ b. Three c. Have three ] years of full-time experience as an authorized onsite soil evaluator certified by the Virginia Department of Health (VDH) [ , regardless of the date of certification expiration, ] 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 systems ] approved by the VDH [ through the issuance of a permit or a certification); ] or

[ c. Four d. Have four ] years of full-time experience as [ an authorized onsite soil evaluator certified by VDH (regardless of the date of expiration), an interim onsite soil evaluator licensee, ] a conventional onsite soil evaluator licensee [ , an employee of VDH (whose duties included onsite soil evaluation and onsite septic system design prior to July 1, 2009), or any combination thereof ].

[ D. Education and training substitution. Each individual applying for a conventional or an alternative onsite soil evaluator license may receive credit for up to half of the experience required by this section for:

1. ] Satisfactory completion of postsecondary courses in wastewater, biology, [ chemistry, geology, ] 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 [ .; or

2. Satisfactory completion of board-approved onsite soil evaluator training courses at the rate of one month for each training credit earned. Up to one training credit is awarded for each 10 hours of classroom contact time or for each 20 hours of laboratory exercise and field trip contact time. No credit towards training credits is granted for breaks, meals, receptions, and time other than classroom, laboratory and field trip contact time. ]

18VAC160-20-97. Qualifications for licensure - onsite sewage system installers.

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

[ B. Each applicant holding a valid interim onsite sewage system installer license shall submit documentation of compliance with the continuing professional education requirements of this chapter at the time of application. ]

[ B. C. ] Specific entry requirements.

1. Conventional onsite sewage system installer. Each individual applying for an initial conventional onsite sewage system installer license shall pass a board-approved examination and shall meet one of the following requirements:

a. [ Two Have two ] years [ of full-time ] experience [ obtained installing alternative or conventional onsite sewage systems ] during the last four years under [ the direct supervision of ] a [ properly licensed contractor holding a ] sewage disposal system (SDS) [ contractor licensed specialty issued ] by the Virginia Board for Contractors [ installing alternative onsite sewage systems or conventional onsite sewage ]; or

[ b. Have two years of full-time experience installing alternative or conventional onsite sewage systems during the last four years as a properly licensed contractor holding a sewage disposal system (SDS) specialty issued by the Virginia Board for Contractors; or ]

[ b. Certification by three authorized onsite soil evaluators (AOSE) or professional engineers c. Have documentation certifying ] that the applicant is competent to install conventional onsite sewage systems. [ Certification must be provided by any combination of three of the following individuals:

(1) VDH Authorized Onsite Soil Evaluators (AOSE) for work performed prior to July 1, 2009;

(2) Licensed interim onsite soil evaluators;

(3) Licensed conventional or alternative onsite soil evaluators;

(4) Licensed conventional or alternative onsite sewage system installers; or

(5) Virginia licensed professional engineers. ]

2. Alternative onsite sewage system installer. Each individual applying for an initial alternative onsite sewage system installer license shall pass a board-approved examination and shall meet one of the following requirements:

a. Provide contractor completion statements and associated operation permits issued by the VDH [ , which shall be certified by a licensed individual ] for work performed after [ the effective date of this chapter June 30, 2009. ] The statements and permits must verify that the applicant had successfully installed 36 onsite sewage systems during the preceding three years, six of which must be alternative systems [ ,three of which must include absorption field designs other than a gravity subsurface drainfield; or. All contractor completion statements and associated VDH operation permits shall be certified by either a licensed alternative onsite soil evaluator, a licensed conventional or alternative onsite sewage system installer, or a Virginia licensed professional engineer ];

b. Provide contractor completion statements and associated operation permits issued by the VDH [ , which shall be certified by a licensed individual, ] for work performed [ before the effective date of this chapter on or before June 30, 2009. ] [ verifying The statements and permits must verify ] that the applicant successfully installed 12 alternative onsite sewage systems [ , six of which must include absorption field designs other than a gravity subsurface drainfield, ] during the past three years. [ All contractor completion statements and associated VDH operation permits shall be certified by either an authorized onsite soil evaluator or a Virginia licensed professional engineer ];

[ c. Have two years of full-time experience installing sewage systems as a properly licensed contractor holding a sewage disposal system (SDS) specialty issued by the Virginia Board for Contractors and provide certification by at least three interim or alternative onsite soil evaluator licensees, Virginia-licensed professional engineers, or any combination thereof, that the applicant is competent to install alternative onsite sewage systems;

d. Have two years of full-time experience installing sewage systems under the direct supervision a properly licensed contractor holding a sewage disposal system (SDS) specialty issued by the Virginia Board for Contractors and provide certification by at least three interim or alternative onsite soil evaluator licensees, Virginia-licensed professional engineers, or any combination thereof, that the applicant is competent to install alternative onsite sewage systems; or

e. Have two years of full-time experience as a licensed or interim licensed conventional onsite sewage system installer and provide certification by at least three interim or alternative onsite soil evaluator licensees, Virginia-licensed professional engineers, or any combination thereof, that the applicant is competent to install alternative onsite sewage systems. ]

If [ an individual the applicant ] is not listed on the completion statement but did perform the installation, then the individual named on the contractor's completion statement and associated operation permit issued by the VDH may certify [ an individual's the applicant’s ] work performed on an alternative onsite sewage system that was installed prior to [ the effective date of this chapter June 30, 2009, ] provided that the application is received by the department no later than [ 12 months after the effective date of this chapter June 30, 2010 ] .

[ D. Education and training substitution. Each individual applying for a conventional or an alternative onsite sewage system installer license may receive credit for up to half of the experience required by this section for:

1. Satisfactory completion of postsecondary courses in wastewater, biology, chemistry, geology, hydraulics, hydrogeology, or soil science at the rate of one month per semester hour or two-thirds of a month per quarter hour; or

2. Satisfactory completion of board-approved onsite sewage system installer training courses at the rate of one month for each training credit earned. Up to one training credit is awarded for each 10 hours of classroom contact time or for each 20 hours of laboratory exercise and field trip contact time. No credit towards training credits is granted for breaks, meals, receptions, and time other than classroom, laboratory and field trip contact time. ]

18VAC160-20-98. Qualifications for licensure - onsite sewage system operators.

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. Each applicant holding a valid interim onsite sewage system operator license shall submit documentation of compliance with the continuing professional education requirements of this chapter at the time of application. ]

[ B. C. ] Specific entry requirements.

1. Conventional onsite sewage [ system ] operator. Each individual applying for an initial conventional onsite sewage system operator license shall pass a board-approved examination and shall [ meet one of the following requirements: a. Have no high school diploma, at ] have at least one year of full-time experience as a sewage handler or one year of full-time experience working under the direct supervision of [ a licensed conventional onsite sewage system operator or of a licensed alternative onsite sewage system operator either an interim conventional, interim alternative, conventional, or alternative onsite sewage system operator licensee ].

[ b. Have a high school diploma or GED. ]

2. Alternative onsite sewage system operator. Each individual applying for an initial alternative onsite sewage system operator license shall possess a valid [ interim onsite sewage system operator license or a valid ] conventional onsite sewage system operator license, shall pass a board-approved examination, and shall meet one of the following requirements:

a. Have no high school diploma and 24 months of full-time experience working under the direct supervision of an alternative onsite sewage system operator licensee [ or an interim alternative onsite sewage system operator licensee ];

b. Have a high school diploma or GED and 12 months of full-time experience working under the direct supervision of an alternative onsite sewage system operator licensee [ or an interim alternative onsite sewage system operator licensee ]; or

c. Possess a valid Class IV or higher wastewater works operator license and have satisfactorily completed an onsite sewage system operator course approved by the board or have six months of full-time experience working under the direct supervision of an alternative onsite sewage system operator licensee [ or an interim alternative onsite sewage system operator licensee ] .

[ D. Education and training substitution. Each individual applying for a conventional or an alternative onsite sewage system operator license may receive credit for up to half of the experience required by this section for:

1. Satisfactory completion of postsecondary courses in wastewater, biology, chemistry, geology, hydraulics, hydrogeology, or soil science at the rate of one month per semester hour or two-thirds of a month per quarter hour; or

2. Satisfactory completion of board-approved onsite sewage system operator training courses at the rate of one month for each training credit earned. Up to one training credit is awarded for each 10 hours of classroom contact time or for each 20 hours of laboratory exercise and field trip contact time. No credit towards training credits is granted for breaks, meals, receptions, and time other than classroom, laboratory and field trip contact time. ]

18VAC160-20-102. Fees.

A. All fees are shall be nonrefundable.

B. The date of receipt of the fee by the board or its agent is the date that shall be used to determine whether the fee is timely received.

C. The following fees shall apply:

1. The license application fee shall be $100.

2. The license renewal fee shall be $80.

3. The license renewal late penalty fee shall be $25, in addition to the license renewal fee.

4. The fee for examination or reexamination is subject to charges to the department by an outside vendor based on a contract entered into in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with this contract.

D. A fee of $25 will be charged, in addition to the fees established in this section, for submitting a check to the board which is dishonored by the institution upon which it is drawn.

18VAC160-20-104. Maintenance of license.

A. The licensee or, provisional licensee, or interim licensee shall notify the board in writing within 30 days of any change of name or address.

B. All licensees and, provisional licensees, and interim licensees shall operate under the name in which the license is issued.

Part III
Renewal

18VAC160-20-106. Renewal.

A. Licenses and provisional licenses for waterworks operators shall expire on the last day of February of each odd-numbered year. Licenses and provisional licenses for wastewater works operators shall expire on the last day of February of each even-numbered year. Licenses for onsite soil evaluators, onsite sewage system installers, and onsite sewage system operators shall expire 24 months from the last day of the month wherein issued. [ Interim licenses shall expire 48 months from the last day of the month wherein issued. ]

B. Interim licenses shall not be renewed.

B. C. The Department of Professional and Occupational Regulation shall mail a renewal notice to the licensee and the provisional licensee outlining the procedures for renewal. Renewal notices shall be mailed to the licensee and to the provisional licensee at the last known address of record. Failure to receive written notice shall not relieve the licensee or the provisional licensee of the obligation to renew and pay the required fee outlined in 18VAC160-20-102.

C. D. Each licensee and provisional licensee applying for renewal shall return the renewal notice, and fee, and, in the case of waterworks licensees and provisional licensees only, a statement that the applicant for license renewal has met the CPE requirement established in 18VAC160-20-109 prior to the expiration date shown on the license. If the licensee or provisional licensee fails to receive the renewal notice, a copy of the expired license or provisional license may be submitted in place of the renewal notice along with the required fee and, in the case of waterworks licensees and provisional licensees only, a statement that the licensee or provisional licensee has met the CPE requirement in 18VAC160-20-109.

E. By submitting the renewal fee, an applicant for license renewal is certifying his continued compliance with this chapter and compliance with the continuing professional education requirements of this chapter.

D. F. The date on which the renewal fee and any required forms are actually received by the board or its agent shall determine whether an additional fee is due.

E. G. If the requirements of subsection C D of this section are met more than 30 days but less than 12 months after the expiration date on the license or provisional license, a late penalty fee shall be required as established in 18VAC160-20-102. The date on which the renewal application, any required documentation and the required fees are actually received by the board or its agent shall determine whether the licensee or provisional licensee is eligible for renewal and whether an additional fee is due.

F. H. Any individual who fails to renew his license or provisional license within 12 months after the expiration date printed on the license or the provisional license, as appropriate, shall apply for a new license by examination or for a new provisional license in accordance with Part II (18VAC160-20-74 et seq.) of this chapter. Such individual shall be deemed to be eligible to sit for the examination for the same category and class of license as the expired license or provisional license.

G. I. The board may deny renewal of a license or provisional license for the same reasons as it may refuse initial licensure or provisional licensure or discipline a licensee or provisional licensee.

18VAC160-20-109. Waterworks operator continuing profession Continuing professional education (CPE).

A. Each licensed and provisionally licensed waterworks operator licensee [ and, ] provisional licensee [ , and interim licensee ] shall have completed the following number of CPE contact hours required for his class of license during each renewal cycle:

1. Class I, II, and III waterworks operators shall obtain a minimum of 20 contact hours during each license renewal cycle.

2. Class IV waterworks operators shall obtain a minimum of 16 contact hours during each license renewal cycle.

3. Class V waterworks operators shall obtain a minimum of eight contact hours during each license renewal cycle.

4. Class VI waterworks operators shall obtain a minimum of four contact hours during each license renewal cycle.

5. Conventional onsite soil evaluators, conventional onsite sewage system installers, and conventional onsite sewage system operators shall obtain a minimum of 10 contact hours.

6. Alternative onsite soil evaluators, alternative onsite sewage system installers, and alternative onsite sewage system operators shall obtain a minimum of 20 contact hours.

[ 7. All interim licensees shall obtain a minimum of 10 contact hours during the first 24 months that the interim license is valid and shall obtain a minimum of 10 contact hours during the second 24 months that the interim license is valid. ]

CPE provisions do not apply for the renewal of waterworks [ and wastewater works ] operator licenses or provisional licenses that were held for less than two years on the date of expiration.

B. The subject matter addressed during CPE contact hours shall be limited to the content areas covered by the board's examination appropriate to the license for which renewal is sought.

C. Any course approved by the board for substitution as training credits or formal education semester hours, as provided for in [ 18VAC160-20-160 18VAC160-20-150 ] , shall also be acceptable on an hour-for-hour basis for CPE contact hours. One semester hour of college credit shall equal 15 CPE contact hours, and one quarter hour of college credit shall equal 10 CPE credit hours.

D. The following evidence shall be maintained to document completion of the hours of CPE specified in subsection A of this section:

1. Evidence of completion of a structured training activity which shall consist of the name, address and telephone number of the sponsor;

2. The dates the applicant participated in the training;

3. Descriptive material of the subject matter presented; and

4. A statement from the sponsor verifying the number of hours completed.

E. Each licensee and provisional licensee shall maintain evidence of the satisfactory completion of CPE for a period of at least one year following the end of the license renewal cycle for which the CPE was taken. Such documentation shall be in the form required by subsection D of this section and shall be provided to the board or its duly authorized agents upon request.

F. The licensee or provisional licensee shall not receive CPE credit for the same training course or structured training activity more than once during a single license renewal cycle to meet the CPE requirement unless the same training course or structured training activity is an annual requirement established by Virginia or federal regulations.

G. The licensee or provisional licensee may receive CPE credit for a training course or structured training activity which has been mandated by Virginia or federal regulation towards fulfilling the CPE requirement.

H. The licensee or provisional licensee may petition the board for additional time to meet the CPE requirement. However, CPE hours earned during a license renewal cycle to satisfy the CPE requirement of the preceding license renewal cycle shall be valid only for that preceding license renewal cycle.

Part V
Standards of Practice

18VAC160-20-140. Discipline.

The board has the power to discipline and fine any licensee, interim licensee, or provisional licensee and to suspend or revoke or refuse to renew or reinstate any license, interim license, or provisional license as well as the power to deny any application for a license, interim license, or provisional license under the provisions of Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia and this chapter for any of the following:

1. Obtaining or renewing a license, interim license, or provisional license through fraudulent means or misrepresentation;

2. Having been convicted or found guilty by a court in any jurisdiction of any felony or of any misdemeanor involving lying, cheating, or stealing,; or for activities carried out while engaged in waterworks or wastewater works activities, related to the performance of the licensee's or interim licensee's duties, there being no appeal pending therefrom or the time for appeal having lapsed. Any plea of nolo contendere shall be considered a conviction for purposes of this [ subsection subdivision ]. A certified copy of a final order, decree or case decision by a court or regulatory agency with the lawful authority to issue such order, decree or case decision shall be prima facie evidence of such conviction or discipline. The record of conviction certified or 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 guilt;

3. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill and ability in the performance of the operating licensee's or interim licensee's duties;

4. Violating or inducing another person to violate any provisions of Chapter 1, 2, 3 or 23 of Title 54.1 of the Code of Virginia [ , the provisions of any other relevant Virginia or federal regulation, ] or of any provision of this chapter;

5. Having been found guilty by the board, an administrative body or by a court of any activity in the course of performing his operating duties related to the performance of the licensee's or interim licensee's duties that resulted in the harm or the threat of harm to human health or the environment;

6. Failing to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty, regardless of adjudication, of any felony which resulted in the harm or the threat of harm to human health or the environment. Failing to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted of or found guilty, regardless of adjudication, of any felony or of any misdemeanor for activities carried out while engaged in waterworks or wastewater works activities related to the performance of the licensee's or interim licensee's duties or involving lying, cheating, or stealing; or

7. Negligence, or a continued pattern of incompetence, in the practice as a waterworks or wastewater works operator. of a licensee or interim licensee; or

8. Having undertaken to perform or performed a professional assignment that the licensee or interim licensee is not qualified to perform by education, experience, or both.

[ 18VAC160-20-145. Conflicts of interest.

Individuals holding any evaluator, installer, or operator license shall:

1. Promptly and fully inform an employer or client of any business association, interest, or circumstance that may influence the regulant’s judgment or the quality of service.

2. Not accept compensation, financial or otherwise, from more than one party for services on or pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to by, all interested parties in writing.

3. Neither solicit nor accept financial or other valuable consideration from material or equipment suppliers for specifying their products or services.

4. Not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with a client or employer in connection with work for which the regulant is responsible. ]

Part VI
Approval of Training

18VAC160-20-150. Approval of training.

A. Waterworks and wastewater works operator training for all licenses Training courses may be substituted for some of the experience required for Waterworks and Wastewater Works Class III, Class II, and Class I licenses,; and for onsite soil evaluators , onsite sewage system installers, and onsite sewage system operators subject to the limitations in this section. Training courses that may be substituted for required experience must be approved by the board except those provided by federal or state agencies, institutions, schools and universities approved by the State Council of Higher Education for Virginia, for which continuing education units are awarded. Training courses requiring board approval shall be approved by the board prior to commencing in accordance with the following:

B. Training courses for which experience credit may be granted must be conducted in general conformance with the guidelines of the International Association for Continuing Education and Training (Association). The board reserves the right to waive any of the requirements of the association's guidelines on a case-by-case basis. Only classroom, laboratory and field trip contact time will be used to compute training credits. No credit will be given for breaks, meals, or receptions.

1. Organization. The board will only approve training offered by a sponsor who is an identifiable organization with a mission statement outlining its functions, structure, process and philosophy, and that has a staff of one or more persons with the authority to administer and coordinate a training credit (TC) program.

2. TC records. The board will only approve training offered by a sponsor who maintains TC records for all participants for a minimum of seven years, and who has a written policy on retention and release of TC records.

3. Instructors. The board will only approve training conducted by personnel who have demonstrated competence in the subject being taught, an understanding of the learning objective, a knowledge of the learning process to be used, and a proven ability to communicate.

4. Objectives. The board will only approve courses that have a series of stated objectives that are consistent with the job requirements of waterworks and wastewater works operators pertinent to the tasks performed by a licensee. The training course content must be consistent with those objectives.

5. Course completion requirements. For successful completion of a training course, participants must attend 90% or more of the class contact time and must demonstrate their learning through written examinations, completion of a project, [ self-assessment, ] oral examination, or other assessment technique.

C. The board shall consider the following information, to be submitted by the course sponsor or instructor on forms provided by the board, at least 45 days prior to the scheduled training course:

1. Course information.

a. Course title;

b. Planned audience;

c. Name of sponsor;

d. Name, address, phone number of contact person;

e. Scheduled presentation dates;

f. Detailed course schedule, hour-by-hour;

g. List of planned breaks;

h. Scheduled presentation location; and

i. Relevancy of course to waterworks or wastewater works operator licensing [ the category of ] licensure.

2. Instructor qualifications.

a. Name of instructor;

b. Title, employer; and

c. Summary of qualifications to teach this course.

3. Training materials.

a. Course objectives. A listing of the course objectives stated in terms of the skills, knowledge, or attitude the participant will be able to demonstrate as a result of the training.

b. Course outline. A detailed outline showing the planned activities that will occur during the training course, including major topics, planned presentation sequence, laboratory and field activities, audio-visual presentation, and other major activities.

c. Course reference materials. A list of the name, publisher and publication date for commercially available publications. For reference materials developed by the course sponsor or available exclusively through the course, a copy of the reference.

d. Audio-visual support materials. A listing of any commercially available audio-visual support material that will be used in the program. A brief description of any sponsor or instructor generated audio-visual material that will be used.

e. Handouts. Identification of all commercially available handout materials that will be used; as well as copies of all other planned handouts.

4. Determination of successful completion. A description of the means that will be used to assess the learning of each participant to determine successful completion of the training program, such as examinations, projects, personal evaluations by the instructor, or other recognized evaluation techniques.

D. Recurring training programs. If there are plans to present the same course of instruction routinely at multiple locations with only minor modifications and changes, the board may approve the overall program rather than individual presentations if so requested by the sponsor.

1. The board shall consider all of the information listed above except those items related to specific offerings of the course.

2. Board approval may be granted for a specific period of time or for an indefinite period.

3. Board approval will apply only to those specific offerings certified by the sponsoring organization as having been conducted by instructors meeting the established criteria and in accordance with the board-approved course outlines and objectives.

4. To maintain approval of the program, changes made to the program since its approval must be submitted.

FORMS (18VAC160-20)

Continuing Professional Education (CPE) Certificate of Completion, 19CPE (eff. 3/01) [ (rev. 12/08 (rev. 05/09) ]

Application for Training Course Approval, 19CRS (rev. 7/01) [ 10/08 05/09)

Experience Verification Form, 19EXP (eff. 07/09)

Education & Training Substitution Form, 19ET_SUB (eff. 07/09)

Licensure Fee Notice, 19FEE (eff. 07/09)

Interim Onsite Soil Evaluator - VDH Employees Only License Application, 1930LIC (eff. 07/09)

Interim Onsite Sewage System Installer License Application, 1931_32LIC (eff. 07/09)

Interim Onsite Sewage System Operator License Application, 1933_34LIC (eff. 07/09)

Onsite Soil Evaluator Exam & License Application, 1940_41EXLIC (eff. 07/09)

Onsite Sewage System Installer Exam & License Application, 1944_45EXLIC (eff. 07/09)

Onsite Sewage System Operator Exam & License Application, 1942_43EXLIC (07/09) ]