TITLE 12. HEALTH
STATE BOARD OF HEALTH
Agency Notice
Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 12VAC5-600, Waterworks Operation Fee. The review will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
Public comment period begins February 15, 2021, and ends March 8, 2021.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.
Contact Information: Nelson Daniel, Policy and Program Director, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7210.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals conducted a periodic review and a small business impact review of 18VAC160-30, Waterworks and Wastewater Works Operators Licensing Regulations, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated January 22, 2021, to support this decision.
The General Assembly has charged the board with the responsibility for regulating operators of waterworks or wastewater works by requiring the board examine such individuals and issue licenses to those that have demonstrated sufficient competency to operate and supervise the operation of waterworks or wastewater works, while protecting the public health, welfare, and property and conserving and protecting the water resources of the Commonwealth. Waterworks or wastewater works that are not properly operated may pose a risk to the public health. The regulation helps fulfill this mandate from the General Assembly by ensuring that those who receive a license from the board meet minimum requirements for education and experience in order to operate and supervise the operation of waterworks or wastewater works.
The regulation meets the criteria set forth in Executive Order 14 (2018). The regulation contains the requirements for licensure of waterworks and wastewater works operators. The regulation is necessary to interpret and apply the requirements imposed upon the board by Chapter 23 of Title 54.1 (§ 54.1-2300 et seq.) of the Code of Virginia. The regulation is clearly written and understandable. The regulation is designed to achieve its objective in the most efficient and cost effective manner.
The agency is recommending that the regulation stay in effect without change.
Waterworks and wastewater works operator licenses are issued to individuals. These individuals do not fall within the meaning of the term small business as defined in § 2.2-4007.1 of the Code of Virginia. Section 54.1-2301 of the Code of Virginia mandates the board examine waterworks and wastewater works operators and issue licenses in order to protect the public health, welfare, and property and conserving and protecting the water resources of the Commonwealth. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The board provides protection to the public welfare of the citizens of the Commonwealth by ensuring that those who receive a license from the board meet minimum requirements for education, experience, and competency in order to operate and supervise the operation of waterworks or wastewater works. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. Based on the comments received during the public comment period, there does not appear to be a reason to repeal the regulation. There also does not appear to be a reason to amend the regulation at this time. However, the decision to retain a regulation in its current form does not prevent the board from conducting review or amendment of the regulation in the future.
This is the first periodic review of this regulation since it became effective in 2017. On January 14, 2021, the board discussed the regulation and for the reasons stated determined that the regulation should not be amended or repealed, but should be retained in its current form.
Contact Information: 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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals conducted a periodic review and a small business impact review of 18VAC160-40, Onsite Sewage System Professionals Licensing Regulations, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated January 22, 2021, to support this decision.
The General Assembly has charged the board with the responsibility for regulating installers or operators of onsite sewage systems and onsite soil evaluators by requiring that such individuals obtain a license in order to engage in these occupations. Residences that do not have access to public water systems must rely on onsite septic systems to properly and safely dispose of wastewater they produce. Installation and operation of onsite septic systems by those who lack sufficient expertise in these tasks poses a risk to the public health. Soil evaluators are responsible for testing soils to determine whether sites are appropriate for installation of a disposal system, designing such systems, and certifying that such systems comply with applicable state regulations and local ordinances. Soil evaluators who lack sufficient expertise to perform these duties may pose a risk to the public health. In addition, the improper installation or operation of an onsite septic system can pose a substantial risk of financial harm to homeowners who will be responsible for assuming the costs to remediate damage and repair or replace defective systems.
The regulation meets the criteria set forth in Executive Order 14 (2018). The regulation contains the requirements for licensure of onsite sewage system installers, onsite sewage system operators, and onsite soil evaluators. The regulation is necessary to interpret and apply the requirements imposed upon the board by Chapter 23 of Title 54.1 (§ 54.1-2300 et seq.) of the Code of Virginia and to protect the public welfare, in part by ensuring those who install and operate onsite sewage systems meet minimum requirements for education, experience, and competency. The regulation is clearly written and understandable. The regulation is designed to achieve its objective in the most efficient and cost effective manner.
The agency is recommending that the regulation stay in effect without change.
Onsite sewage system installer, onsite sewage system operator, and onsite soil evaluator licenses are issued to individuals. These individuals do not fall within the meaning of the term small business as defined in § 2.2-4007.1 of the Code of Virginia. Individuals who are required to be licensed may be owners or employees of business entities that fall within the meaning of small business. Business entities that perform installation, repair, improvement, or removal of septic tanks, septic systems, and other onsite sewage disposal systems annexed to real property are subject to regulation by the Board for Contractors as contractors and are required to have a contractor license issued by that agency. Some of these business entities may fall within the meaning of the term small business. The Board for Contractors requires contractors who offer and engage in this type of contracting work to have a specialty designation on the contractor license for sewage disposal systems contracting. The Board for Contractors requires certain personnel of the contractor to be licensed as an onsite sewage system installer in order for the business entity to qualify for a contractor license with such designation. Section 54.1-2301 of the Code of Virginia mandates that the board license and regulate onsite sewage system professionals in order to protect the public health and welfare. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The board provides protection to the public welfare of the citizens of the Commonwealth by ensuring that those who receive a license from the board meet minimum requirements for education, experience, and competency in order to install or operate onsite septic systems, or perform the duties of an onsite soil evaluator. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. Based on the comment received during the public comment period, there does not appear to be a reason to repeal the regulation. There also does not appear to be a reason to amend the regulation at this time. However, the decision to retain a regulation in its current form does not prevent the board from conducting review or amendment of the regulation in the future.
This is the first periodic review of this regulation since it became effective in 2017. On January 14, 2021, the board discussed the regulation and for the reasons stated determined that the regulation should not be amended or repealed, but should be retained in its current form.
Contact Information: 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.