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, 18VAC160-20-96, 18VAC160-20-97, 18VAC160-20-98).

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

Public Hearing Information:

February 5, 2009 - 10 a.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 200, Richmond, VA

Public Comments: Public comments may be submitted until March 6, 2009.

Agency Contact: David E. Dick, Executive Director, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2648, FAX (804) 527-4297, or email waterwasteoper@dpor.virginia.gov.

Basis: Section 54.1-2301 C of the Code of Virginia states that the board shall establish a program for licensing individuals as onsite soil evaluators, onsite sewage system installers, and onsite sewage system operators. Further, the board, in consultation with the Board of Health, shall adopt regulations for the licensure of (i) onsite soil evaluators; (ii) installers of alternative onsite sewage systems as defined in § 32.1-163; and (iii) operators of alternative onsite sewage systems as defined in § 32.1-163. Such regulations shall include requirements for (a) minimum education and training, including approved training courses; (b) relevant work experience; (c) demonstrated knowledge and skill; (d) application fees to cover the costs of the program, renewal fees, and schedules; and (e) other criteria the board deems necessary.

Purpose: The Virginia General Assembly, as evidenced by passing relevant legislation during the 2007 session, considered the regulation of onsite soil evaluators, sewage system installers, and sewage system operators as essential to protecting the health, safety, and welfare of the citizens of the Commonwealth. The board has adopted the proposed amendments to its existing regulations to implement the regulation of onsite soil evaluators, onsite sewage system installers, and onsite sewage system operators as mandated by the provisions of Chapters 892 and 924 of the 2007 Acts of Assembly.

The goal is to transfer the existing Department of Health regulatory program for onsite soil evaluators to the Department of Professional and Occupational Regulation and to establish a new regulatory program for onsite sewage system installers and operators with a minimum adverse impact on commerce. Additionally, the goal includes assuring that competent professionals are available to the public in need of onsite sewage system products and services. The environment benefits by having onsite sewage systems planned, installed, and operated by competent individuals who can best guide the consuming public in managing wastewater so as to avoid adverse impact. The public will be readily able to identify and access the services of competent individuals through a regulatory program that does not currently exist.

Substance: 18VAC160-20-10 is amended to add definitions necessary to implement the new provisions and to amend existing definitions to differentiate between the existing regulants and the new regulants.

18VAC160-20-74 is amended to differentiate between the existing and the new regulants and to clarify which license is required to lawfully perform specific functions.

18VAC160-20-76 is amended to conform to the department’s model regulations and to add language providing for the new professions.

18VAC160-20-80 is amended to include the new professions.

18VAC160-20-82 is a new section that creates an interim license for individuals holding a Virginia Department of Health (VDH) authorized onsite soil evaluation certification on the effective date of the regulation. Current VDH regulants are provided a means to continue lawful employment while preparing to meet the new regulation’s licensing requirements.

18VAC160-20-84 is a new section that creates an interim license for individuals who have been practicing as onsite sewage system installers and operators prior to the effective date of the regulation. Standards have been proposed that should allow those currently practicing to continue lawful practice after the effective date of the amendments under an interim license.

18VAC160-20-90 is amended to make clear that its provisions apply only to waterworks and wastewater works operators.

18VAC160-20-96 is a new section that creates qualifications for licensure for onsite soil evaluators.

18VAC160-20-97 is a new section that creates qualifications for licensure for onsite sewage system installers.

18VAC160-20-98 is a new section that creates qualifications for licensure for onsite sewage system operators.

18VAC160-20-102 is amended to clarify that all fees are nonrefundable and deletes the dishonored check fee language. DPOR has statutory authority to recover dishonored check costs, and the regulation provision is no longer necessary. The application and renewal fees for the new professions will be the same as the existing professions.

18VAC160-20-104 is amended to make its provisions applicable to those holding interim licenses as well as those holding licenses and provisional licenses.

18VAC160-20-106 is amended to enable the licenses for onsite soil evaluators, onsite sewage system installers, and onsite sewage system operators to expire 24 months from the last day of the month wherein issued. The amendment also makes interim licenses non-renewable, and it makes the act of submitting a license renewal application and fee to DPOR serve as a certification by the licensee that he is in compliance with the board’s regulations and has completed the required Continuing Professional Education (CPE).

18VAC160-20-109 is amended to establish a continuing professional education (CPE) requirement of 10 hours per 24-month license cycle for conventional evaluators, installers, and operators; and 20 hours per 24-month license cycle for alternative evaluators, installers, and operators.

18VAC160-20-140 is amended to include the new professions, including those holding an interim license, under the standards of practice provisions currently applicable to waterworks and wastewater works operators. A new subsection is added to enable the board to discipline any licensee or interim licensee who undertakes to perform or performs a professional assignment for which he is not qualified by education or training.

18VAC 160-20-150 is amended to allow the new professions to qualify for experience substitutions in the same manner as Class I, Class II, and Class III waterworks and wastewater works operators.

Issues: The primary advantage to the public is the availability of minimally competent onsite sewage system professionals. More homes are being constructed on land that will not "perk," making it critical to both the homeowner and to the environment that the more technologically advanced sewage treatment systems be available through licensees competent to properly plan, install, and operate onsite sewage systems. There may be some disadvantage through higher costs for sewage goods and services; however, this impact was evaluated by the Department of Planning and Budget as a part of the legislative process during the 2007 session. Staff and committee members who developed this proposal did so with a strong concern to minimizing adverse impact.

The primary advantage to the agency and the Commonwealth is the successful implementation of a legislative mandate. No disadvantage has been identified.

Substantial consideration has been given to the inevitable impact of a new legislative mandate on those directly affected: the authorized onsite soil evaluators currently regulated by the Virginia Department of Health, the onsite sewage system installers and operators not currently regulated by any agency of the Commonwealth, as well as their clients. An interim license provision will allow those currently practicing to continue to practice lawfully for a period of time amply sufficient to meet the new licensing requirements. An orderly transition to the new regulatory program has been created.

Public Participation: In addition to any other comments, the board/agency is seeking comments on the costs and benefits of the proposal and the potential impacts of this regulatory proposal. Also, the board/agency is seeking information on impacts to small businesses as defined in § 2.2-4007.1 of the Code of Virginia. Information may include (i) projected reporting, recordkeeping, and other administrative costs; (ii) probable effect of the regulation on affected small businesses; and (iii) description of less intrusive or less costly alternative methods of achieving the purpose of the regulation.

Anyone wishing to submit written comments may do so by mail, email, or fax to David E. Dick, Executive Director, 9960 Mayland Drive, Richmond, VA 23233-1485, (804) 367-2648, FAX (804) 527-4297, email waterwasteoper@dpor.virginia.gov. Written comments must include the name and address of the commenter. In order to be considered, comments must be received by the last date of the public comment period.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to § 54.1-2301 of the Code of Virginia, the Board of Waterworks and Wastewater Works Operators and Onsite Sewer System Professionals (Board) proposes to establish programs for the licensure of onsite sewage system installers, onsite sewage system operators and onsite soil evaluators.

Result of Analysis. There is insufficient information to determine whether benefits will outweigh costs for these proposed regulatory changes. Estimated costs and benefits are discussed below.

Estimated Economic Impact. Historically, onsite sewage system installers and operators have not had to be licensed in the Commonwealth. During its 2008 session, the General Assembly passed legislation requiring licensure for these occupations and tasked the Board of Waterworks and Wastewater Works Operators (Board) with writing regulations for these license programs. The Board proposes to amend its regulations to set interim license and license requirements for these occupations. Under these proposed regulations, the Board will issue interim onsite sewage system installer and operator licenses to individuals who have:

• Filed an application within 12 months of the effective date of these regulatory amendments and paid the application fee ($100),

• Passed the appropriate Board approved exam (approximately $84) and

• Provided the Board with a physical home address.

Applicants for interim licensure must also be in good standing in their field of practice and must not have been convicted of a misdemeanor involving lying, cheating or stealing or of any misdemeanor related to their field of practice.

Additionally, in order to qualify for interim licensure, conventional onsite sewage system installers and alternate onsite sewage system installers must have six months of full-time experience working with a firm that has a VDH issued sewage handling and disposal permit. Conventional onsite sewage system operators and alternate onsite sewage system operators must have 12 months of full-time experience working as operators. Interim licenses issued under these proposed regulations will be valid for 24 months and cannot be renewed.

These interim licensure requirements will allow some individuals who currently work as onsite sewage installers or operators, but who do not meet requirements for non-interim licensure, to continue working in their current jobs. Onsite sewage system installers who have worked for less than six months (operators who have worked for less than 12 months) and also do not meet any of the requirements for non-interim licensure will not be able to obtain an license until they can fulfill those requirements. The number of individuals who are adversely affected in this way is likely to be small since requirements for conventional licensure in these fields (discussed below) are not exceedingly onerous.

In order to obtain a (non-interim) license, applicants for licensure as conventional onsite sewage system installers must pass a Board approved exam and have either:

• Two years experience (in the four years immediately preceding application for licensure) installing onsite sewage systems under the direction of a licensed sewage disposal system contractor or

• Certification of work competency from three onsite soil evaluators or professional engineers.

Applicants for licensure as alternative onsite sewage system installers will have to pass the Board approved exam and must have proof of one of the following:

• The applicant must have installed 36 onsite sewage systems during the three years immediately preceding application. Of the 36 systems installed, six must have been alternate systems and three must have had something other than a gravity subsurface drainfield.

• The applicant must have installed 12 alternate onsite sewage systems before the effective date of these proposed regulations, six of these systems must have had something other than a gravity subsurface drainfield. This option will become obsolete if the bolded language above remains in the regulation as it will not allow work done after the effective date of these proposed regulations to be counted toward experience requirements.

Applicants for licensure as conventional onsite sewage system operators will have to pass the Board approved exam and must have:

• A high school diploma or GED or

• One year of full-time experience working as a sewage handler or one year of full-time work under the direct supervision of a licensed conventional or alternate onsite sewage system operator.

Applicants for licensure as alternative onsite sewage system operators will have to pass the Board approved exam and must have one of the following:

• A high school diploma or GED and 12 months experience working full-time under the direct supervision of a licensed alternate onsite sewage system operator,

• 24 months experience working full-time under the direct supervision of a licensed alternate onsite sewage system operator or

• A valid Class 4 or higher wastewater works operator license and proof of successful completion of a Board approved training course or six months of experience working full-time under the direct supervision of a licensed alternate onsite sewage system operator.

Licenses for onsite sewage system installers and operators are valid for 24 months. Conventional onsite sewage system installers and operators must complete 10 hours of continuing education, and alternative onsite sewage system installers and operators must complete 20 hours of continuing education, during each biennial renewal cycle. The license renewal fee for all licensees is $80.

The costs of requiring licensure for onsite sewage system installers and operators include the cost of education obtained (tuition, fees and wages forgone), license and exam fees, the value of time spent studying for and completing the required exams, the value of time spent completing required continuing education and any wages lost by individuals who had to stop working at these jobs until they could meet licensure requirements. These costs can be weighed against the benefit of possibly decreasing any health problems that may arise from improperly installed or maintained sewage systems.

Currently, onsite soil evaluators are licensed by the Virginia Department of Health (VDH). In order to be licensed (by VDH) as an authorized onsite soil evaluator (AOSE), individuals had to fill out an application, pay a $100 application fee, pass the required exam, provide three professional references and meet one of the various requirements for education/experience. An applicant for licensure must have:

• A current certificate as a Virginia Certified Professional Soil Scientist or

• A four year degree in a subject related to the area of licensure (such as science or engineering), four years of full-time experience and a certificate of completion for a VDH approved training course or

• A two or four year degree, six years of full-time experience, a certificate of completion for a VDH approved training course and a written statement from a current or former supervisor or AOSE stating that the applicant is sufficiently experienced to be licensed or

• Eight years of full-time experience, a certificate of completion for a VDH approved training course and a written statement from a current or former supervisor or AOSE stating that the applicant is sufficiently experienced to be licensed.

Chapter 892 of the 2007 Acts of the Assembly required the Board, in consultation with VDH, to adopt regulations for onsite soil evaluators. The Board has amended its regulations to add requirements for interim licensure of onsite soil evaluators and for (non-interim) licensure of conventional and alternative onsite soil evaluators. Individuals who already have been licensed as soil evaluators by VDH may apply for an interim license ($100 fee) within six months of the effective date of these proposed regulations. Interim licenses will expire 36 months after they are issued and are not renewable. Individuals who do not qualify for interim licensure may apply for licensure as either a conventional onsite soil evaluator or as an alternative onsite soil evaluator.

An applicant for licensure as a conventional onsite soil evaluator ($100 fee) must have a valid interim onsite soil evaluator license or pass a Board approved exam (cost ~$84) and have one of the following:

• A current certificate as a Virginia Certified Professional Soil Scientist and one year of full-time onsite soil evaluation experience,

• A four year degree in soil science, biology, chemistry, engineering or environmental science and two years of supervised full-time onsite soil evaluation experience ,

• A two year degree in waterworks, wastewater works, engineering technology or environmental science and three years of supervised full-time onsite soil evaluation experience or

• Eight years of supervised full-time onsite soil evaluation experience.

An applicant for licensure as an alternative onsite soil evaluator ($100 fee) must have a valid interim onsite soil evaluator license or pass a Board approved exam (cost ~$84) and have one of the following:

• Two years of full-time supervised experience in evaluating and designing onsite sewage systems obtained in the four years immediately preceding application,

• Three years of supervised full-time experience as a VDH certified AOSE and evidence of completed work on at least 36 onsite sewage systems (12 of these must be alternative systems) or

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

Licenses for onsite soil evaluators are valid for 24 months before they must be renewed. Conventional onsite soil evaluators must complete 10 hours of continuing education, and alternative onsite soil evaluators must complete 20 hours of continuing education, during each biennial renewal cycle. The license renewal fee for all licensees is $80.

The costs of licensure for onsite soil evaluators include the cost of education obtained for licensure (tuition, fees and wages forgone), license and exam fees, the value of time spent studying for and completing the required exams, the value of time spent completing required continuing education and any wages lost from wage differentials between licensed individuals and supervised workers for years spent working to meet licensure requirements. These costs can be weighed against the benefit of possibly decreasing any health problems that may arise from improperly placed sewage systems. The costs for licensure can likely be further minimized by reducing the eight years of experience required to obtain licensure as an onsite soil evaluator without a degree. This requirement seems to be dictated by tradition rather than any evidence that it takes the better part of a decade working in this field to assure competency.

Businesses and Entities Affected. The Department of Professional and Occupational Regulation (DPOR) reports that VDH currently licenses approximately 200 onsite soil evaluators. These individuals, plus all individuals who work as onsite sewage system installers or operators, will be affected by these proposed regulations.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. To the extent that these proposed regulations, and their authorizing legislation, increase the cost of entry into these fields, the number of individuals who choose to work as soil evaluators, sewage system installers and sewage system operators is likely to decrease.

Effects on the Use and Value of Private Property. To the extent that these proposed regulations increase costs for affected individuals or firms, business profits may be reduced. If this occurs, the value of these businesses will likely be reduced.

Small Businesses: Costs and Other Effects. Most, if not all, of the individuals and firms that will be affected by these proposed regulations qualify as small businesses. Accordingly, all cost discussed above will affect small businesses in the Commonwealth.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The costs for onsite soil evaluator licensure can likely be further minimized by reducing the eight years of experience required to obtain licensure as an onsite soil evaluator without a degree. This requirement seems to be dictated by tradition rather than any evidence that it takes the better part of a decade working in this field to assure competency.

Real Estate Development Costs. This regulatory action will likely increase real estate development costs in the Commonwealth as the cost of installing sewage systems increase to account for the higher costs of becoming a sewage system installer or operator.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB’s best estimate of these economic impacts.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals appointed a nine-member committee to develop the proposed regulation amendments to implement the regulation of onsite sewage system professionals.

The committee members are experts in sewage treatment and the regulation of sewage treatment. The committee is composed of three board members from the onsite sewage system community, the board member from the Virginia Department of Health (VDH), the board member from the Virginia Department of Environmental Quality (DEQ), the board member holding the highest class of wastewater works operator license, and the board’s citizen member. The administrator of the current VDH authorized onsite soil evaluator regulatory program and an Environmental Engineering and Policy Development Manager from the Loudoun County Health Department were also included. The committee has experts from all perspectives of sewage treatment regulation with an emphasis on onsite sewage treatment.

The committee experts examined the current VDH regulatory program for onsite soil evaluators, the professionals who determine a site’s suitability for onsite sewage systems, focusing on the experiences of VDH and of localities where onsite sewage systems are common. Based on their examination of the current VDH program, their expertise, and their consideration of the costs, they concluded that to assure public protection, eight years of experience was the minimum necessary to obtain an onsite soil evaluator license for those individuals with no college degree.

The requirement was, therefore, based on the conclusions of subject matter experts rather than VDH tradition (even though the amount of experience required in the proposed regulations is consistent with VDH’s current regulations).

The board will seek public comment on this specific provision.

Otherwise, the board agrees with the EIA.

Summary:

The proposed 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.

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 onsite sewage system and does not result in a point source discharge.

"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.

"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.

"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 valid on the effective date of this chapter.

"Board" means the Board for Waterworks and Wastewater Works Operators.

"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.

"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 onsite sewage systems.

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

"Direct supervision" means being responsible for the compliance with the chapter by any individual who 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" 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.

"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. 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, manage, or maintain waterworks or wastewater works.

"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.

"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 any sewage, septage or sewage sludges that have been processed to meet acceptable treatment standards of the Sewage Handling and Disposal Regulations (12VAC5-610).

"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 shall act as an conventional onsite soil evaluator, alternative onsite soil evaluator, conventional onsite sewage system installer, alternative onsite sewage system installer, conventional onsite sewage system operator, or alternative onsite sewage system operator without possessing a valid license issued by the board. Issuance of an alternative license shall void all previously issued conventional licenses. No licensee shall hold both a conventional and an alternative license simultaneously. The board shall issue a license only after an individual has met all experience and examination requirements as set forth in this chapter.

D. No person shall act as an alternative onsite sewage system operator of an alternative onsite sewage system that exceeds 10,000 gallons per day design flow without possessing the appropriate class of wastewater works operator license in addition to an alternative 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 as a licensed waterworks operator, wastewater works operator, onsite soil evaluator, onsite sewage system operator, or onsite sewage system installer in every jurisdiction where licensed; and the applicant shall not have had a license as a waterworks operator, wastewater works operator, onsite soil evaluator, onsite sewage system operator, or onsite sewage system installer that was suspended, revoked or surrendered in connection with a disciplinary action or that has been the subject of disciplinary action in any jurisdiction prior to applying for licensure in Virginia.

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

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. 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 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.

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.

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

A. The board may issue an interim onsite sewage system 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. Individuals who fail to have their application in the department's possession within 12 months after the effective date of this chapter 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 license shall expire on the last day of the month that is 24 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 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 full-time experience working with a firm holding a Sewage Handling and Disposal Permit (SHDP) issued by the Virginia Department of Health (VDH).

2. Interim alternative 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 VDH.

F. Specific entry requirements - operator.

1. Interim conventional onsite sewage system operator applicants shall have 12 months of full-time experience as a conventional onsite sewage system operator.

2. Interim alternative onsite sewage system operator applicants shall have 12 months of full-time experience as an alternative onsite sewage system operator.

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 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 experience requirements established under subdivisions 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. 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) 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 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.

18VAC160-20-96. 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. 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 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 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 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 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.

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. 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 years experience obtained during the last four years under a sewage disposal system (SDS) contractor licensed by the Virginia Board for Contractors installing alternative onsite sewage systems or conventional onsite sewage; or

b. Certification by three authorized onsite soil evaluators (AOSE) or professional engineers that the applicant is competent to install conventional onsite sewage systems.

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. 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

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 verifying 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.

If an individual 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 work performed on an alternative onsite sewage system that was installed prior to the effective date of this chapter provided that the application is received by the department no later than 12 months after the effective date of this chapter.

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. Specific entry requirements.

1. Conventional onsite sewage 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 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; or

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 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;

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

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.

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.

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 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.

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, 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. 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, 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.

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 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).

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