Licensing onsite system operators does nothing.  Being licensed does not make an unethical person ethical.  It does not make an unknowledgeable person knowledgeable.   An unethical person may have their license taken away, which is rare since everyone is afraid to complain because of retaliation, and they will just hire someone and continue their business under their license.  It provides a barrier to entry that drives up costs to home and business owners.  It requires state staff to administer the program.  Licensing provides a false sense of security to homeowners.  It is a nuisance and expense to keep the license current.  I don't see practially what the program does for the industry that would not be accompished more effectively by something like Angie's list, superpages, or home advisor..  I strongly recommend ending the program as it is unnecessary.

The regulations do not need to require contractors to provide completion statements of past work to verify experience.  Deleting 18 VAC 160-20-97.C.2 is a good idea.  In addition, the Board should eliminate 18 VAC 160-20-97 in its entirety.  The Board could replace 18 VAC 160-20-97 with a much simpler application to verify experience with three references.  The Board does not need to see completion statements and make people go searching for a bunch of old work to confirm  experience. Take the man's word for it, get three references to confirm the man is likely telling the truth, and then let the guy pass a good test to show his experience has developed the right knowledge. 

Why do we need all of this regulation gobbledy-gook in 18 VAC 160-97?   

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.

References shouldn't mean that a person will do good work, only that they are capable of doing good work.  Contractors already possess a license (Class A, B, or C) and should not have to hold a second license to install a sewage system.  The other license used to have a sub-speciality category.  The regulations and law should only require one contractor license, not two.   The regulations should be changed to allow contractors to hold just one license to install a sewage system.  We don't need two licenses. 

If experience installing, operating, or performing soil evaluations must be verified, then have applicants provide three references from other licensed folks.  If they have been doing the work, then at least three people with a license can verify their experience.  If the person gets the license under false pretense, then it can be taken away.  If the person does bad work, then the Board can take away the license.  We don't need to eat up tax dollars looking at completion statements and paperwork that people have done in the past.  Take references to confirm experience and allow for a test.  If they pass the test, then they should be good to go.  Get them out if they do bad work.  Easy enough, and a lot less regulation. 

The public should have a reasonable expectation that DPOR will implement an ethical component in the regulation of all Onsite Sewerage Professions, who by virtue of education, training or experience must be relied upon to work without supervision on real infrastructure of which the layman has limited understanding.

The public is dependent upon sewerage systems, which are hidden from view or ready inspection; failure to properly design, construct or maintain such systems has an economic impact upon real property, and the environment including the safety of groundwater for consumption, or surface water of those downstream.

Virginia's Secretariats should look to WWWOOSSP for guidance regarding scope of practice for License holders, and ought to support the Board in enforcement of these standards including expecting staff to comply with all requirements.

I recommend the Board consult the PE, or the CPSS Board for examples in the drafting of such Regulation.

The WWWOOSSP Regulations govern a diverse group of professionals that perform a variety of unique services - site evaluation/design, onsite system installation, and operation of small-to-large scale waterworks and wastewater works.  Just within the OSSP subset there are six different licenses.  Amendment or elimination of certain regulations meant to benefit one profession, while seemingly innocuous, could hurt another to a point in which public health, safety, and welfare are not adequately protected.  I respectfully ask the Board to consider distinct definitions or regulatory subsections that account for the diverse subject matter encountered by each profession.  Thank you for your consideration.

Please amend the Waterworks and Wastewater Works Operators Regulations (18 VAC 160-20) to include a requirement for each license category of Onsite Soil Evaluator to sign and seal their work and not prohibit these individuals to sign and seal their work electronically.