Title of Regulation: 18VAC160-20. Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Regulations (amending 18VAC160-20-97).

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

Public Hearing Information:

February 27, 2014 - 10:30 a.m. - Department of Professional and Occupational Regulation, Perimeter Center, 9960 Mayland Drive, Suite 200, Richmond, VA 23233

Public Comment Deadline: March 14, 2014.

Agency Contact: Trisha Henshaw, Executive Director, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (866) 350-5354, or email waterwasteoper@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia states that the board has the power and duty to promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) necessary to assure continued competency, to prevent deceptive or misleading practices by practitioners, and to effectively administer the regulatory system administered by the regulatory board. Section 54.1-2301 of the Code of Virginia provides the authority for the board to promulgate regulations for the licensure of onsite sewage system professionals, waterworks operators, and wastewater works operators.

Purpose: In response to the Governor's Regulatory Reform initiative, the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals reviewed its current regulations to identify, amend, or repeal any regulations that are unnecessary or no longer in use and reduce unnecessary regulatory burdens on regulated groups while still protecting the health, safety, and welfare of the public. The board has determined that the requirement that an applicant for a conventional onsite sewage system installer license provide documentation of experience from a list of specific professionals when applying for waiver of the examination can be eliminated.

Substance: As an entry requirement for licensure as a conventional onsite sewage system installer, applicants who qualify for the conventional onsite sewage system installer exam waiver must demonstrate active engagement in performing the duties of a conventional onsite sewage system installer. The proposed amendment eliminates the need to provide documentation by specific professionals as currently required by 18VAC160-20-97 C 2 a, thereby allowing more latitude to consider applicants that have the required experience but have not worked with one of the specified professionals.

Issues: The primary advantage of the proposed amendment is that it allows more individuals who have the required experience to perform the services of a conventional onsite sewage system installer. This provides a larger pool of qualified individuals from which a consumer can select when hiring a conventional onsite sewage system installer. The primary advantage to the agency, which ultimately is an advantage to the board's regulants, is that individuals who apply for a conventional onsite sewage system installer with exam waiver currently would have to go through the administrative process to have their applications considered if one of the specified professionals could not verify their experience. This change will eliminate the need for, and costs associated with, a hearing to consider otherwise compliant applications. There are no disadvantages to the public, agency, or Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The current regulations require an applicant for a conventional onsite sewage system installer license who is applying for waiver of the examination to provide documentation of experience from a list of specific professionals. The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals (Board) proposes to eliminate this requirement.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Code of Virginia § 54.1-2301 states that:

The Board shall not require applicants for initial licensure as a conventional onsite sewage system installer to pass an examination prior to issuance of such license provided that the applicant satisfactorily demonstrates to the Board that he has been actively engaged in performing the duties of a conventional onsite sewage system installer for at least eight years within the 12-year period immediately preceding the date of application for licensure.

Repealing the requirement for documentation by specific professionals will leave language in the regulations that is similar to that in the Code of Virginia quoted above. Eliminating the need to provide documentation by specific professionals allows more latitude to consider applicants that have the required experience, but have not worked with one of the specified professionals. Also, the time and effort associated with obtaining and processing the documentation would be eliminated. Since the Board believes the documentation is unnecessary, it seems to have little value. Thus the proposal to eliminate the documentation requirement should produce a net benefit.

Businesses and Entities Affected. The proposed amendment affects applicants for the conventional onsite sewage system installer license. According to the Department of Professional and Occupational Regulation, there are approximately 200 applicants annually.

Localities Particularly Affected. The proposed amendment does not disproportionately affect particular localities.

Projected Impact on Employment. The proposal to eliminate the documentation requirement may moderately increase the number of individuals who seek licensure as a conventional onsite sewage system installer.

Effects on the Use and Value of Private Property. The proposed amendment will moderately reduce application costs for licensure.

Small Businesses: Costs and Other Effects. The proposed amendment does not add cost for small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendment does not adversely affect small businesses.

Real Estate Development Costs. Since the proposal to eliminate the documentation requirement may moderately increase the supply of conventional onsite sewage system installation services, there may be a very modest cost reduction for real estate development that includes septic systems.

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 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, 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 an 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 concurs with the economic impact analysis.

Summary:

The proposed amendment eliminates the need for an applicant for a conventional onsite sewage system installer license, who is applying for waiver of the examination, to provide documentation of experience attained working with professionals from a specific list.

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.

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. Have two years of full-time experience 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) specialty issued by the Virginia Board for Contractors; 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

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. Conventional onsite sewage system installer. The examination requirement provided for in subdivision 1 of this subsection shall not apply to applicants seeking initial licensure as a conventional onsite sewage system installer provided that:

a. The applicant is able to satisfactorily demonstrate that he has been actively engaged in performing the duties of a conventional onsite sewage system installer, as defined in this chapter, for at least eight years within the 12-year period immediately preceding the date of application. Documentation of being actively engaged in performing the duties of a conventional onsite sewage system installer, as defined in this chapter, for at least eight years within the 12-year period immediately preceding the date of application shall be provided by one or more of the following:

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

(2) Licensed interim onsite soil evaluator;

(3) Licensed conventional or alternative onsite soil evaluator;

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

(5) Virginia licensed professional engineer; and

b. The department receives a completed application no later than June 30, 2016. An individual who fails to have his application in the department's possession by June 30, 2016, shall be required to pass the board-approved examination provided for in subdivision 1 of this subsection.

3. 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 for work performed after 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. 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 for work performed on or before June 30, 2009. The statements and permits must verify that the applicant successfully installed 12 alternative onsite sewage systems 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 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 the applicant's work performed on an alternative onsite sewage system that was installed prior to June 30, 2009, provided that the application is received by the department no later than 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.