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REGULATIONS
Vol. 32 Iss. 8 - December 14, 2015TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSINGBOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALSChapter 30Proposed RegulationTitles of Regulations: 18VAC160-20. Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Regulations (repealing 18VAC160-20-10 through 18VAC160-20-150).
18VAC160-30. Waterworks and Wastewater Works Operators Licensing Regulations (adding 18VAC160-30-10 through 18VAC160-30-370).
18VAC160-40. Onsite Sewage System Professionals Licensing Regulations (adding 18VAC160-40-10 through 18VAC160-40-510).
Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Public Hearing Information:
January 28, 2016 - 10 a.m. - Department of Professional and Occupational Regulation, Perimeter Center, 9960 Mayland Drive, Suite 200, Board Room 2, Richmond, Virginia 23233
Public Comment Deadline: February 12, 2016.
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: Subdivision 5 of § 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.) 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. The content of the regulations is pursuant to the board's discretion, but shall not be in conflict with the purposes of the statutory authority.
Section 54.1-2301 D of the Code of Virginia states that, "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; (e) the division of onsite soil evaluators into classes, one of which shall be restricted to the design of conventional onsite sewage systems; (f) the division of sewage system installers into classes, one of which shall be restricted to the installation of conventional onsite sewage systems; and (g) other criteria the Board deems necessary."
Purpose: The regulations have not undergone a thorough and complete review since the inclusion of the onsite sewage system professional regulations in 2009. A thorough review was necessary to ensure that the regulation complements the current standards and practices of the profession and ancillary agencies involved in the regulation of waterworks, wastewater works, and onsite sewage systems; provides minimal burdens on regulants while still protecting the public's health and safety; and reflect current procedures and policies of the department. The regulations were developed to achieve their intended objective in the most efficient, cost-effective manner, and are clearly written and understandable.
Substance:
1. Repeal the board's current regulations.
2. Add new regulations that govern the practice of waterworks and wastewater works operators to ensure minimally qualified individuals meet requirements for licensure that are more aligned with current true-to-life education and experience of new and renewing applicants and update certain standards of practice as they relate to the industry.
3. Add new regulations that govern the practice of onsite sewage system operators, onsite sewage system installers, and onsite soil evaluators to ensure minimally qualified individuals meet requirements for licensure that are more aligned with current true-to-life education and experience of new and renewing applicants and update certain standards of practice as they relate to the industry.
Issues: The primary advantage to the public is that the revisions will improve the clarity of the regulations and ensure consistency with current board practices, legal requirements, and standards of practice in the industry all to better protect the health, safety, and welfare of citizens of the Commonwealth.
The primary advantage to the Commonwealth is that the revisions to the regulations reflect the importance that Virginia places on ensuring the regulations are the least burdensome but also provide protection to the citizens of the Commonwealth. No disadvantages to the Commonwealth could be identified.
Department of Planning and Budget's Economic Impact Analysis:
Summary of the Proposed Amendments to Regulation. The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Regulations (18VAC160-20) includes rules for licensing waterworks and wastewater works operators and onsite sewage system professionals. The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals (Board) proposes to repeal this regulation and promulgate two new regulations: 1) Waterworks and Wastewater Works Operators Licensing Requirements (18VAC160-30) for the licensing of waterworks and wastewater works operators, and 2) Onsite Sewage System Professionals Licensing Regulations (18VAC160-40) for the licensing of onsite sewage system professionals. As part of this action the Board proposes several changes concerning licensure. In particular, the Board proposes to introduce new master and journeyman categories for onsite sewage system professional licensees.
Result of Analysis. There is insufficient data to accurately compare the magnitude of the benefits versus the costs. Detailed analysis of the benefits and costs can be found in the next section.
Estimated Economic Impact.1 The current regulation includes the following licenses for onsite sewage system professionals: conventional onsite soil evaluator, alternative onsite soil evaluator, conventional onsite sewage system installer, alternative onsite sewage system installer, conventional onsite sewage system operator, and alternative onsite sewage operator. According to the Department of Professional and Occupational Regulation, a major contention in the onsite sewage system industry – especially among those who have been in the industry for many years (decades or more) – has been the examination requirement for licensure. There are apparently individuals who have learned to perform certain skills in the field competently, but are not able to pass written tests. Due to the presence of these long-standing individuals the Board adopted policies in 2009 for installers, 2010/2011 for operators, and 2011 for onsite soil evaluators that have allowed unlicensed individuals to work without a licensee present; this has presented numerous complaints and challenges in ensuring that people performing the regulated work are minimally competent.2 To balance the concerns regarding the examination with the Board's duty to the public of ensuring minimum competency of those engaging in the profession to protect the health, safety, and welfare of the public, the Board's proposed Onsite Sewage System Professionals Licensing Regulations (18VAC160-40) include separate master and journeyman categories for each license listed above.3
The "Master" is defined as "an individual who possesses the minimum skills and competency to install or maintain onsite sewage systems or evaluate soil sites as suitable for conventional and alternative onsite sewage systems, and to design conventional and alternative onsite sewage systems." The master licensure categories are essentially equivalent to the licenses in the current regulation, with the exception that masters will have supervisory responsibility of journeymen. Currently licensed individuals would become masters once the proposed Onsite Sewage System Professionals Licensing Regulations become effective. "Journeyman" is defined as "an individual who possesses the minimum skills and competency to assist with the installation or maintenance of onsite sewage systems or assisting in the evaluation of soil sites as suitable for conventional and alternative onsite sewage systems, and to design conventional onsite sewage systems under the direct supervision of a master licensee." Unlike masters, journeymen are not required to pass an exam.
Code of Virginia § 54.1-2302 states that "No person shall operate a waterworks or wastewater works, perform the duties of an onsite soil evaluator, or install or operate an alternative onsite sewage system, without a valid license." Enforcing the Code of Virginia and requiring individuals to become licensed as a journeyman in order to assist with the installation or maintenance of onsite sewage systems or assisting in the evaluation of soil sites as suitable for conventional and alternative onsite sewage systems, and to design conventional onsite sewage systems under the direct supervision of a master licensee will in practice cost these individuals $50 per annum ($100 for two-year license) plus the time and dollar cost of continuing professional education. Improper maintenance, installation, or design of onsite sewage systems can potentially contaminate groundwater and otherwise become a public health hazard. Licensing and regulating journeyman may reduce the health risk for the public. The extent to which this would reduce public health risk is not currently known.
Businesses and Entities Affected. The proposed amendments affect the 4,472 licensed waterworks and wastewater works operators and 1,182 licensed onsite sewage system professionals in the Commonwealth, individuals who have been permitted to work on onsite sewage systems without a licensee present, the firms and public entities that employ them, as well as future licensure applicants.
Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.
Projected Impact on Employment. The proposal to require journeyman licensure for individuals who assist with the installation or maintenance of onsite sewage systems or assist in the evaluation of soil sites as suitable for conventional and alternative onsite sewage systems, and to design conventional onsite sewage systems, may dissuade a small number of individuals from working in the industry.
Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.
Real Estate Development Costs. The proposed amendments are unlikely to significantly affect real estate development costs.
Small Businesses:
Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."
Costs and Other Effects. The proposal to require journeyman licensure will moderately increase costs for those onsite sewage system workers, and perhaps the small firms that employ them if they reimburse their licensure fees and continuing professional education costs.
Alternative Method that Minimizes Adverse Impact. The proposed amendments will not adversely affect small businesses.
Adverse Impacts:
Businesses: The proposal to require journeyman licensure will moderately increase costs for those onsite sewage system workers, and perhaps the firms that employ them if they reimburse their licensure fees and continuing professional education costs.
Localities: The proposed amendments are unlikely to adversely affect localities.
Other Entities: The proposed amendments are unlikely to adversely affect other entities.
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1 In a separate action (Action 4141) that was initiated prior to this action (Action 4226), the Board proposed to increase the two-year licensure renewal fee from $80 to $100 for all waterworks and wastewater works operators and onsite sewage system professionals. This proposed action (4226) includes the higher renewal fees ($100); in other words, for the purposes of this analysis it is assumed that Action 4141 will go into effect with the fee increase prior to this action. If 4226 were to go into effect first, it would effectively increase renewal fees for licensees by $20 per two-year licensure period.
2 Source: Department of Professional and Occupational Regulation
3 This concept is present in similarly regulated professions, including trades (master/journeyman), water well service providers (trainee/master/journeyman), and professional engineers and land surveyors (in-training).
Agency's Response to Economic Impact Analysis: The agency concurs with the analysis with approval.
Regarding the development of master and journeyman license categories and the concern of an adverse impact, the board considered alternative methods of regulation to achieve the board's responsibility to protect the health, safety, and welfare of the public through the license mandate codified in § 54.1-2302 of the Code of Virginia1, and reiterated in the 18VAC160-20-74 C2 effective July 1, 2009. As referenced in the economic impact analysis, the board adopted policies during the early implementation of the program to allow many in the industry to continue working without a license while under the supervision of a license-holder.
From July 1, 2009, (the effective date of the initial onsite sewage system professional licensing regulations) until June 30, 2010, individuals were able to apply for a four-year, nonrenewable interim license based on experience and training alone. Once the interim licenses ended, many in the industry found that they would have to take a licensing examination in order to obtain a new license and continue working in the profession. A number of constituents sought legislative remedies3 due to concerns with the examination. Concerns that were voiced included illiteracy, the applicability of exam content areas, difficulty with passing an examination after so many years, etc. An exam review of all content areas was held, with subject matter experts from the applicable professions, to review all exam questions, references, and applicability to the profession in late 2014. Also in 2014, an extension (SB 657) to the interim license for alternative onsite sewage system installers passed to allow such individuals additional time to take and pass the examination.
When the board was conducting a general review of its regulations, among other important items, the board carefully considered the current license requirements along with its statutory responsibility to protect the public. One alternative the board considered was to require all individuals performing the duties identified in the statute as requiring a license4, to meet the current license requirements for the applicable classification and category of license, which requires an examination for all license types. This would result in an increased cost5 to all individuals requiring licensure through application fees, examination fees, and, for some, the cost of study classes and/or materials. Alternatively, the board decided to utilize a license system currently in place for other, similar programs6. This would allow those who are performing the work described in § 54.1-2302 of the Code of Virginia, which mandates a license, but are not in a supervisory or responsible charge capacity, to continue performing such work after having demonstrated minimum competency to the board for a license. This also allows the board to take disciplinary action, if necessary, against the licensee actually performing the regulated activity as, currently, the board cannot take disciplinary action against an individual who is performing the work but is not a licensee of the board. As noted in the economic impact analysis for this action, "Licensing and regulating journeyman may reduce the health risk to the public."
Through this revision to the regulations, the board also provided additional options to qualify for licensure, including the acceptance of more degree options and opportunities to qualify for licensure with experience and training and, in some cases, no examination.
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1 "No person shall operate a waterworks or wastewater works, perform the duties of an onsite soil evaluator, or install or operate an alternative onsite sewage system, without a valid license."
2 "No individual shall act as a conventional onsite soil evaluator, alternative onsite soil evaluator, conventional onsite sewage system installer, alternative onsite sewage system installer, conventional onsite sewage system operator, or alternative onsite sewage system operator without possessing a valid license issued by the board. Issuance of an alternative license shall void the previously issued conventional license and shall authorize the alternative licensee to perform duties on both conventional and alternative onsite sewage systems consistent with the license category. The board shall issue a license only after an individual has met all experience and examination requirements as set forth in this chapter."
3 SB 662 (2012), HB 1482 (2013), HB 253 (2014), SB 657 (2014)
4 "No person shall . . . perform the duties of an onsite soil evaluator, or install or operate an alternative onsite sewage system, without a valid license." "No individual shall act as a conventional onsite soil evaluator, alternative onsite soil evaluator, conventional onsite sewage system installer, alternative onsite sewage system installer, conventional onsite sewage system operator, or alternative onsite sewage system operator without possessing a valid license issued by the board."
5 Currently $100 application fee, $85 examination fee, plus cost of renewal and continuing education to maintain the license. Licenses are renewed every two years, which requires submittal of the renewal fee and certification of compliance with CPE.
6 This concept is present in similarly regulated professions, including trades (master/journeyman), water well service providers (trainee/master/journeyman), and professional engineers and land surveyors (in-training).
Summary:
The proposed amendments repeal the existing regulations and create two new chapters: 18VAC160-30 (regulations for the licensing of waterworks and wastewater works operators) and 18VAC160-40 (regulations for the licensing of onsite sewage system professionals).
The proposed regulations include (i) definitions; (ii) fees; (iii) standards of practice and conduct; (iv) qualifications for licensure; (v) requirements for application, examination, continuing education, and renewal and reinstatement of licenses; and (vi) approval and maintenance of training courses. This proposal introduces new master and journeyman categories for onsite sewage system professional licensees.
CHAPTER 30
WATERWORKS AND WASTEWATER WORKS OPERATORS LICENSING REGULATIONSPart I
Definitions
18VAC160-30-10. Definitions.
A. Section 54.1-2300 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:
"Board"
"Onsite sewage system"
"Operator"
"Owner"
"Wastewater works
"Waterworks"
B. The following words, terms, and phrases when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Applicant" means an individual who submits an application with the appropriate fee and other required documentation.
"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation.
"Category" means a profession under the board's purview, which includes waterworks and wastewater works as applicable to the licensure of waterworks and wastewater works operators.
"Classification" means the division within each category of license as it relates to the classified facility. Class 1 represents the highest classification for each category of license.
"Contact hour" means 50 minutes of participation in a structured training activity.
"Department" means the Virginia Department of Professional and Occupational Regulation.
"DEQ" means the Virginia Department of Environmental Quality.
"Direct supervision" means being immediately available and fully responsible for the provision of waterworks and wastewater works operation regulated pursuant to Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia and this chapter.
"Direct supervisor" means a licensed waterworks or wastewater works operator who assumes the responsibility of direct supervision.
"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 without such license is unlawful to practice.
"Maintenance" or "maintain" means performing adjustments to equipment and controls and in-kind replacement of normal wear and tear parts such as light bulbs, fuses, filters, pumps, motors, or other like components. Maintenance includes pumping the tanks or cleaning the building sewer on a periodic basis. Maintenance shall not include replacement of tanks, drainfield piping, or distribution boxes or work requiring a construction permit and a licensed onsite sewage system installer.
"Operate" means the act of (i) placing into or taking out of service a unit process or unit processes or (ii) making or causing adjustments in the operation of a unit process at a treatment works.
"Renewal" means the process and requirements for periodically approving the continuance of a license.
"Training credit" means a unit of board-approved training or formal education completed by an individual that may be used to substitute for experience when applying for a license.
"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 processes or (ii) used for ultimate disposal or residues or effluent resulting from such treatment.
"VDH" means the Virginia Department of Health.
Part II
Entry
18VAC160-30-20. Application procedures.
A. All applicants seeking licensure shall submit an application with the appropriate fee specified in 18VAC160-30-40. Application shall be made on forms provided by the board or its agent.
By submitting the application to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.
The receipt of an application and the deposit of fees by the board does not indicate approval of the application by the board.
B. The board may make further inquiries and investigations with respect to the applicant's qualifications to confirm or amplify information supplied. All applications shall be completed in accordance with the instructions contained herein and on the application. Applications will not be considered complete until all required documents are received by the board. An applicant will not be permitted to sit for the applicable board-approved examination until the application is complete and approved.
C. The applicant will be notified within 30 days of the board's receipt of an initial application if the application is incomplete. An individual who fails to complete the application process within 12 months of receipt of the application in the board's office must submit a new application. An applicant has 12 months from approval of the application to pass the board-approved examination. Failure to pass the board-approved examination within 12 months of approval will result in the applicant being required to submit a new application to be considered for licensure.
D. The applicant shall immediately report all changes in information supplied with the application, if applicable, prior to issuance of the license or expiration of the application or examination period.
18VAC160-30-30. General fee requirements.
All fees are nonrefundable and shall not be prorated. The date on which the fee is received by the department or its agent will determine whether the fee is on time. Checks or money orders shall be made payable to the Treasurer of Virginia.
18VAC160-30-40. Fee schedule.
Fee Type
Fee Amount
When Due
Initial application (for each profession, class, and category of license)
$100
With application
Renewal (for each profession, class, and category of license)
$100
With renewal application
Reinstatement (for each profession, class, and category of license)
$125 (renewal fee + $25 reinstatement fee)
With reinstatement application
18VAC160-30-50. Examination fee.
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 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.
18VAC160-30-60. General requirements for licensure.
A. In addition to the specific qualifications for each category and classification of licensure, each applicant for licensure shall meet the requirements provided in this section.
1. The applicant shall be at least 18 years old.
2. The applicant shall disclose his mailing address. A post office box is only acceptable as a mailing address when a physical address is also provided.
3. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall disclose the following information.
a. All felony convictions.
b. All misdemeanor convictions in any jurisdiction that occurred within three years of the date of application.
Any plea of nolo contendere or finding of guilt regardless of adjudication or deferred adjudication shall be considered a conviction for the purposes of this section. 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.
B. The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.
C. The applicant shall report suspensions, revocations, or surrendering of a license, certification, or registration in connection with a disciplinary action or that has been the subject of discipline in any jurisdiction prior to applying for licensure. The board, at its discretion, may deny licensure to any applicant based on prior suspensions, revocations, or surrender of licenses based on disciplinary action by any jurisdiction.
18VAC160-30-70. Examination procedures and conduct.
A. Upon approval of the application, the board will notify the applicant of his eligibility to take the applicable examination. The license will not be issued prior to receipt of a passing score for the applicable examination.
B. An applicant who does not receive a passing score within one year after the date of approval of the application by the board to sit for the examination, must submit a new application and meet the entry requirement in effect at the time of submittal of the new application.
C. The applicant shall follow all rules established by the board with regard to conduct at the examination. Such rules shall include all written instructions communicated prior to the examination date and all instructions communicated at the site, either written or oral, on the date of examination. Failure to comply with all rules established by the board and the testing organization with regard to conduct at the examination may be grounds for denial of the application, voiding of examination scores, or any combination thereof.
18VAC160-30-80. Individuals certified or licensed in another jurisdiction.
Any applicant holding a valid license or certificate in another jurisdiction who meets the requirements of this chapter, including having equivalent experience and education, shall pass the appropriate Virginia examination to become licensed.
18VAC160-30-90. License required.
A. No individual shall serve as an operator of a waterworks or wastewater works without possessing a valid category of license issued by the board in a classification equal to or greater than the classification of the waterworks or wastewater works to be operated.
B. An individual cannot simultaneously hold two licenses of different classifications in the same category.
C. Experience used to qualify for licensure must be obtained under the direct supervision of an operator holding a valid license of the same category and of a classification equal to or higher than the classification of the waterworks or wastewater works at which the experience was gained.
D. Except as provided in subsection E of this section, experience limited solely 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 an operator-in-training.
E. Experience operating and maintaining water distribution systems shall only be considered for Class 5 or Class 6 waterworks operator license applicants.
F. Provisional licensure alone shall not authorize an individual to serve as the operator of a classified waterworks or wastewater works facility.
18VAC160-30-100. Full-time experience or equivalent.
For the purposes of this part, 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 for which licensure is sought.
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 workdays during a 12-month period will not be considered as more than one year of full-time employment.
2. 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.
18VAC160-30-110. Qualifications for examination approval.
A. An applicant for licensure as a waterworks or wastewater works operator shall furnish acceptable documentation that one of the following qualifications has been met.
TABLE 1
Waterworks and Wastewater Works Operator Experience and EducationClasses
Education Required
Current License
Minimum Experience
Facility Type
Experience with Substitutions
Class 6
(Waterworks Operator Only)High school diploma or GED
N/A
Six months
Class 6 or higher facility
N/A
No high school diploma or GED
N/A
One year
Class 6 or higher facility
N/A
Class 5
(Waterworks Operator Only)High school diploma or GED
N/A
Six months
Class 5 or higher facility
N/A
No high school diploma or GED
N/A
One year
Class 5 or higher facility
N/A
Class 4
High school diploma or GED
N/A
Six months
Class 4 or higher facility
N/A
No high school diploma or GED
N/A
One year
Class 4 or higher facility
N/A
Class 3
Bachelor's or master's degree
N/A
Six months
Class 4 or higher facility
N/A
Associate's degree
N/A
Nine months
Class 4 or higher facility
Six months
High school diploma or GED
N/A
One year
Class 4 or higher facility
Six months
No high school diploma or GED
Class 4 license
Three years
Class 3 or higher facility
One and one-half years
Class 2
Bachelor's or master's degree
N/A
One year
Class 3 or higher facility
Six months
Associate's degree
N/A
18 months
Class 3 or higher facility
Nine months
High school diploma or GED
N/A
Two years
Class 3 or higher facility
One year
No High school diploma or GED
Class 3 license
Five years
Class 2 or higher facility
Three and one-half years
Class 1
Bachelor's or master's degree
Class 2 license
Two years
Class 2 or higher facility
One year
Associate's degree
Class 2 license
Three years
Class 2 or higher facility
One and one-half years
High school diploma or GED
Class 2 license
Four years
Class 2 or higher facility
Two years
No high school diploma or GED
Class 2 license
Nine years
Class 2 or higher facility
Four and one-half years
Where applicable, the current license held, minimum experience, and the facility type must coincide with the category of license for which the application is being submitted.
B. The direct supervisor shall certify the experience on the application form as accurate and relevant to the classification and category of license for which is being submitted. In the event that a licensed operator is not available to certify the experience of the applicant, the experience may be certified by a representative of the facility owner with first-hand knowledge of the applicant's experience.
18VAC160-30-120. Provisional licensure for nonclassified facility operation.
An applicant for licensure as a provisional waterworks or wastewater works operator shall furnish acceptable documentation of having met all of the requirements of 18VAC160-30-110 except that the experience requirement may be met through experience gained as an operator or operator-in-training of a nonclassified facility. Such experience must be gained under the following conditions:
1. The experience is obtained at a nonclassified facility that is comparable in size and in treatment process as described in 18VAC160-30-360 and 18VAC160-30-370, as applicable.
2. The experience is obtained while performing nonclassified facility operation duties that provide experience comparable to that obtained at a classified facility. Experience limited solely 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 qualifying experience for Class 1, Class 2, Class 3, or Class 4 provisional licenses but may be counted for a provisional Class 5 or Class 6 license.
3. Any individual holding a provisional license may apply for licensure by submitting evidence of having met 50% of the experience required by 18VAC160-30-110 and submitting the appropriate application.
18VAC160-30-130. Experience substitutions.
A. Experience obtained as a master alternative onsite sewage system operator may be substituted for the Class 4 wastewater works operator in training experience requirements.
B. 18VAC160-30-110 A provides the maximum experience substitutions that may be applied for each applicable class of license.
1. Experience gained in either waterworks or wastewater works operations may be substituted for up to one-half of the required experience in the alternate category so long as the experience was gained in an equivalent or higher class of facility.
2. Education may be substituted for part of the required experience in the category of license applied for at a rate of one month of experience credit for each semester hour of college credit. Coursework must be relevant to the category and classification of the license being sought. The college credit must be from an accredited college or university that is approved or accredited by the Commission of Colleges, a regional or national accreditation association, or by an accreditation agency that is recognized by the U.S. Secretary of Education.
3. Board-approved waterworks or wastewater works operator training may be substituted for experience at a rate of one month experience for each training credit approved by the board.
C. Substitutions shall not exceed 50% of the total experience required for licensure.
18VAC160-30-140. Education.
A. Applicants seeking to qualify for licensure based on completion of an associate's, bachelor's, or master's degree shall submit an official transcript from the school where the applicable degree was obtained. Only degrees from an accredited college or university that is approved or accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education will be considered. Formal education used to meet a specific education requirement for license entry cannot also be used as a training credit for experience substitution.
B. The following degrees shall be considered to qualify in accordance with 18VAC160-30-110:
1. Bachelor's or master's degree in engineering or engineering technology in a related physical, biological, environmental, or chemical science;
2. Bachelor's degree in a related physical, biological, environmental, or chemical science that includes a minimum 40 semester credit hours in any combination of science and math;
3. Master's degree in a related physical, biological, environmental, or chemical science, and a bachelor's degree in any major such that the combined degrees include a minimum 40 semester credit hours in any combination of science and math; or
4. Associate's degree in waterworks, in wastewater works, or in a related physical, biological, environmental, or chemical science that includes a minimum of 20 credit hours in any combination of science and math.
Part III
Renewal and Reinstatement18VAC160-30-150. Expiration and renewal.
A. Licenses for waterworks operators shall expire on the last day of February of each odd-numbered year. Licenses for wastewater works operators shall expire on the last day of February of each even-numbered year.
B. Prior to the expiration date shown on the license, the board shall mail a renewal notice to the licensee's address of record. The licensee shall return to the board a renewal notice and the applicable renewal fee. Failure to receive a renewal notice from the board does not relieve the licensee of the obligation to renew. If the licensee fails to receive the renewal notice, a copy of the license may be submitted with the required fee as an application for renewal.
C. By submitting the renewal or reinstatement fee, the licensee is certifying his continued compliance with the Standards of Practice and Conduct (Part VI (18VAC160-30-290 et seq.) of this chapter), as established by the board. In addition, by submitting the renewal or reinstatement fee, licensees are certifying compliance with the continuing professional education requirements of this chapter.
18VAC160-30-160. Reinstatement.
A. If all of the requirements for renewal of the license as specified in 18VAC160-30-150 are not completed within 30 days of the license expiration date, a reinstatement fee shall be required as established in 18VAC160-30-40.
B. A license may be reinstated for up to one year following the expiration date of the license. Any licensee who fails to reinstate the license within 12 months after the expiration date shall apply for a new license and meet entry requirements in effect at the time of the submittal of the new application. Such individual shall be deemed to be eligible to sit for the examination for the same category and classification of license as the expired license.
C. Any regulated activity conducted subsequent to the license expiration date may constitute unlicensed activity and be subject to the prosecution under Chapter 1 (§ 54.1-100 et seq.) of Title 54.1 of the Code of Virginia.
18VAC160-30-170. Status of license during period prior to reinstatement.
A licensee who applies for reinstatement of the license shall be subject to all laws and regulations as if the licensee had been continuously licensed. The licensee shall remain under and be subject to the disciplinary authority of the board during this entire period.
18VAC160-30-180. Board discretion to deny renewal or reinstatement.
The board may deny renewal or reinstatement of a license for the same reasons as the board may refuse initial licensure or discipline a licensee.
The board may deny renewal or reinstatement of a license if the licensee has been subject to a disciplinary proceeding and has not met the terms of an agreement for licensure, has not satisfied all sanctions, or has not fully paid monetary penalties and costs, imposed by the board.
Part IV
Continuing Professional Education18VAC160-30-190. Continuing professional education.
A. Each licensee shall have completed the following number of continuing professional education (CPE) contact hours during each renewal cycle. CPE provisions do not apply for the renewal of licenses that were held for less than two years on the date of expiration
1. Class 1, Class 2, and Class 3 waterworks and wastewater works operators shall obtain a minimum of 20 contact hours.
2. Class 4 waterworks and wastewater works operators shall obtain a minimum of 16 contact hours.
3. Class 5 waterworks operators shall obtain a minimum of eight contact hours.
4. Class 6 operators shall obtain a minimum of four contact hours.
B. CPE contact hours completed during the license period immediately prior to the expiration date of the license shall be acceptable in order to renew the license. CPE contact hours completed during a licensing renewal cycle to satisfy the CPE requirements of the preceding licensing renewal cycle shall be valid only for that preceding license renewal cycle and shall not be accepted for any subsequent renewal cycles.
C. The licensee will not receive CPE credit for completing the same continuing education course with the same content more than once during a license period.
D. A licensee may receive CPE credit for teaching a course that otherwise meets the requirements of this chapter; however, additional credit shall not be given for subsequent offerings of a course or activity with the same content within the same licensing cycle. In addition, a licensee may receive two hours of CPE no more than once during a single licensing cycle for the initial development or substantial updating of the CPE course.
E. Safety subjects shall not count for more than one half of the total required CPE hours.
18VAC160-30-200. CPE subject matter for waterworks operators.
A. The following course topics will be accepted for CPE credit for waterworks operators:
1. Waterworks operations;
2. Monitoring, evaluating, and adjusting treatment processes and systems;
3. Operating and maintaining equipment;
4. Security and safety procedures;
5. General science and mathematical principles;
6. Administrative processes and procedures applicable to licensure; and
7. Laws and regulations applicable to the profession.
B. Of the total 20 hours required, a minimum of five content hours pertaining to utility management is required of Class 1 and Class 2 waterworks operators.
18VAC160-30-210. CPE subject matter for wastewater works operators.
A. The following course topics will be accepted for CPE credit for wastewater works operators:
1. Wastewater works operations;
2. Monitoring, evaluating, and adjusting treatment processes and systems;
3. Operating and maintaining equipment;
4. Security and safety procedures;
5. General science and mathematical principles;
6. Administrative processes and procedures applicable to licensure; and
7. Laws and regulations applicable to the profession.
B. Of the total 20 hours required, a minimum of five content hours pertaining to utility management is required of Class 1 and Class 2 wastewater works operators.
18VAC160-30-220. Use of training credits and formal education for CPE credit.
Any course approved by the board for substitution as training credits or formal education semester hours, as provided for in Part V (18VAC160-30-240 et seq.) of this chapter, 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.
18VAC160-30-230. Maintenance of CPE.
A. For a period of at least two years following the end of the license renewal cycle for which the CPE was taken, the following evidence shall be maintained to document completion of the required hours of CPE:
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 licensee participated in the training;
3. Description of the subject matter presented; and
4. A statement from the sponsor verifying the number of hours completed.
B. The board may conduct an audit of its licensees to ensure compliance with the applicable CPE requirements. Licensees who are selected for audit shall provide the necessary documentation stipulated in this section.
Part V
Training Course Approval18VAC160-30-240. Approval of training courses.
A. Training courses may be substituted for experience pursuant to the provisions of Part II (18VAC160-30-20 et seq.) of this chapter. With the exception of training courses provided pursuant to 18VAC160-30-280, training courses that may be substituted for required experience must be approved by the board prior to commencing.
B. Each training provider seeking course approval shall submit an application for approval on a form provided by the board. 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 that 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 course.
2. Training course records. The board will only approve training offered by a sponsor that maintains training course records for all participants for a minimum of seven years and that has a written policy on retention and release of training course 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, and knowledge of the learning process to be used.
4. Objectives. The board will only approve courses that have a series of stated objectives that are 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, oral examination, or other similar assessment technique.
18VAC160-30-250. Application for training course approval.
A. The board shall consider the following information, to be submitted by the course sponsor or instructor on forms provided by the board:
1. Course information.
a. Course title;
b. Planned audience;
c. Name of sponsor;
d. Name, physical address, email address, and phone number of contact person;
e. Scheduled presentation dates;
f. Detailed course schedule, hour-by-hour, including start and ending times;
g. List of planned breaks;
h. Scheduled presentation location; and
i. Identification of the category and classification of license to which the course is applicable and relevancy to the identified license type.
2. Instructor qualifications.
a. Name of instructor;
b. Title;
c. Employer;
d. Board license number or numbers, if applicable; and
e. Summary of qualifications to teach the course.
3. Training materials.
a. Course objectives. A listing of the course objectives stated in terms of the skills and knowledge 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, audiovisual 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. Audiovisual support materials. A listing of any commercially available audiovisual support material that will be used in the program. A brief description of any sponsor or instructor generated audiovisual 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. Correspondence and other distance learning courses must include appropriate testing procedures to verify completion of the course.
B. 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 in subsection A of this section except those items related to specific offerings of the course.
2. 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.
18VAC160-30-260. Maintenance of training approval.
A. At times established by the board, the board may require that course providers that have previously obtained course approval provide the board with evidence, in a form set forth by the board, that the provider continues to comply with the requirements of this chapter. Failure to continue to comply with the board's requirements or respond to such a request may result in the board withdrawing its approval.
B. Substantial modifications or changes to the information provided in 18VAC160-30-240 and 18VAC160-30-250 must be reported to the board within 30 days of the change. Failure to report the changes as required may result in the withdrawal of approval by the board.
C. Any change of the address of the training provider shall be reported in writing within 30 days of the change.
D. The board may conduct an audit of the training provider to ensure compliance with this chapter.
18VAC160-30-270. Withdrawal of approval.
The board may withdraw approval of any provider for the following reasons:
1. The courses being offered no longer meet the standards established by the board.
2. The provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way.
3. The provider, instructor, or designee of the provider falsifies any information relating to the application for approval, course information, and student records.
4. The provider fails to respond to the board or any of its agents.
18VAC160-30-280. Training courses offered by certain entities; board approval not required.
A. Training courses provided by (i) federal, state, or local government agencies; (ii) accredited colleges or universities approved or accredited by the Commission on Colleges; (iii) a regional or national accreditation association; or (iv) an accrediting agency that is recognized by the U.S. Secretary of Education do not require board approval to be used for experience substitution, provided the training course information submitted to the board includes the following:
1. The course must include the continuing education units awarded by the entity.
2. The course must be related to the license category and classification, if applicable, for which experience substitution is sought.
B. The board may request additional information from the provider as necessary to ensure compliance with this section. If such assurance cannot be made by the board, the training course may not be used for experience substitution, or the provider may pursue board approval pursuant to this chapter.
Part VI
Standards of Practice and Conduct18VAC160-30-290. Grounds for disciplinary action.
The board may place a licensee on probation; impose a monetary penalty in accordance with § 54.1-202 A of the Code of Virginia; or revoke, suspend, or refuse to renew any license when the licensee has been found to have violated or cooperated with others in violating any provision of the regulations of the board or Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia.
18VAC160-30-300. Maintenance of license.
A. No license issued by the board shall be assigned or otherwise transferred.
B. A licensee shall report, in writing, all changes of address and name to the board within 30 days of the change and shall return the license to the board. In addition to the address of record, a physical address is required for each license. If the licensee holds more than one license, the licensee shall inform the board of all licenses, certificates, and registrations affected by the address change. The board shall not be responsible for the licensee's failure to receive notices or correspondence due to the licensee's failure to report a change of address.
C. Any change in any of the requirements and qualifications for licensure found in Part II (18VAC160-30-20 et seq.) or Part III (18VAC160-30-150 et seq.) of this chapter shall be reported to the board within 30 days of the change.
18VAC160-30-310. Notice of adverse action.
A. Licensees shall notify the board of the following actions against the licensee:
1. Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including but not limited to any reprimand, license or certificate revocation, suspension or denial, monetary penalty, requirement for remedial education, or other corrective action.
2. Any voluntary surrendering of a related license, certificate, or registration done in connection with a disciplinary action in another jurisdiction.
3. Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any misdemeanor involving lying, cheating, stealing, sexual offense, drug distribution, or physical injury or relating to the practice of the profession, or of any felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for the purpose of this section.
B. The notice must be made to the board in writing within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice. The record of conviction, finding, or case decision shall be considered prima facie evidence of a conviction or finding of guilt.
18VAC160-30-320. Prohibited acts.
The following acts are prohibited and any violation may result in disciplinary action by the board:
1. Violating, inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), or 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia, or any of the regulations of the board.
2. Allowing a license issued by the board to be used by another.
3. Obtaining or attempting to obtain a license by false or fraudulent representation, or maintaining or renewing a license by false or fraudulent representation.
4. A licensee having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC160-30-310. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia.
5. Failing to inform the board in writing within 30 days that the licensee was convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC160-30-310.
6. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.
7. Having undertaken to perform or performed a professional assignment that the licensee is not qualified to perform by education, experience, training, or any combination thereof.
8. Failing to report a change as required by 18VAC160-30-300.
9. Negligence, misconduct, or incompetence in the practice of the profession.
10. Making any misrepresentation or engaging in acts of fraud or deceit in providing professional services.
11. Failing to adequately supervise and review work performed by licensed or unlicensed employees under direct supervision of the licensee.
12. Submitting or recording or assisting another in the submission or recording of false or misleading operational information relating to the performance and monitoring requirements of a waterworks or wastewater works.
13. Failing to act in providing waterworks and wastewater works operator services in a manner that safeguards the interests of the public.
18VAC160-30-330. Conflicts of interest.
The licensee shall:
1. Promptly and fully inform an employer or client of any business association, interest, or circumstance that may influence the licensee's judgment or the quality of service.
2. Not accept compensation, financial or otherwise, from more than one party for services on or pertaining to the same project, unless the circumstances are fully disclosed to and agreed to by all interested parties in writing.
3. Neither solicit nor accept financial or other valuable consideration from material or equipment suppliers for specifying their products or services.
4. Not solicit or accept gratuities, directly or indirectly, from contractors or their agents or other parties dealing with a client or employer in connection with work for which the licensee is responsible.
18VAC160-30-340. Licensee responsibility.
A. The primary obligation of the licensee is to the public. If the licensee's judgment is overruled and not adhered to when advising appropriate parties of circumstances of a substantial threat to the public health, safety, or welfare, the licensee shall inform the employer or client, as applicable, of the possible consequences and notify appropriate authorities.
B. The licensee shall not knowingly associate in a business venture with, or permit the use of the licensee's name by, any person where there is reason to believe that person is engaging in activity of a fraudulent or dishonest nature or is violating any law or regulation of the board.
C. A licensee who has direct knowledge that another individual may be violating any of the provisions of this chapter or the provisions of Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia shall immediately inform the board in writing and shall cooperate in furnishing any further information or assistance that may be required.
18VAC160-30-350. Response to inquiry and provision of records.
A. A licensee must respond within 10 days to a request by the board or any of its agents regarding any complaint filed with the department.
B. Unless otherwise specified by the board, a licensee of the board shall produce to the board or any of its agents within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the licensee was involved, or for which the licensee is required to maintain records. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.
C. A licensee shall not provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.
D. With the exception of the requirements of subsections A and B of this section, a licensee must respond to an inquiry by the board or its agent within 21 days.
18VAC160-30-360. Wastewater works.
A. A Class 4 wastewater works licensee may operate any wastewater works as follows:
1. A wastewater works employing biological mechanical methods (i.e., mechanical treatment process defined as those containing aerated and mixed flows using electrical or outside energy sources) with a design hydraulic capacity greater than 1,000 gallons per day but equal to or less than .04 MGD;
2. A wastewater works employing natural treatment methods (referenced in 9VAC25-790-870 as land treatment utilizing a secondary process for pretreatment followed by irrigation, overland flow infiltration-percolation, or combination thereof or aquatic ponds or constructed wetlands) with a design hydraulic capacity greater than 1,000 gallons per day but equal to or less than 1.0 MGD; or
3. Any other wastewater works classified by DEQ or VDH as a Class 4 wastewater works.
B. A Class 3 wastewater works licensee may operate any wastewater works as follows:
1. A wastewater works using biological treatment methods consisting of but not limited to (i) suspended growth reactors, (ii) aerated lagoons, (iii) constructed wetlands, (iv) filters or other attached growth contractors, (v) processes utilizing biological nutrient control, or (vi) processes utilizing land treatment having a design hydraulic capacity greater than 0.04 MGD, but equal to or less than 0.5 MGD;
2. A wastewater works using natural treatment methods (referenced in 9VAC25-790-870 as land treatment utilizing a secondary process for pretreatment followed by irrigation, overland flow infiltration-percolation, or combination thereof or aquatic ponds or constructed wetlands) with a design hydraulic capacity greater than 1.0 MGD;
3. A wastewater works using advanced waste treatment methods consisting of but not limited to (i) ammonia stripping, (ii) breakpoint chlorination, (iii) carbon adsorption, (iv) chemical coagulation, (v) flocculation, (vi) precipitation, (vii) filtration, or (viii) demineralization (i.e., ion exchange, reverse osmosis, or electrodialysis) having a design hydraulic capacity greater than 1,000 gallons per day but equal to or less than 0.1 MGD; or
4. A wastewater works classified by DEQ or VDH as a Class 3 or Class 4 wastewater works facility.
C. A Class 2 wastewater works licensee may operate any wastewater works as follows:
1. A wastewater works using biological treatment methods consisting of but not limited to (i) suspended growth reactors, (ii) aerated lagoons or constructed wetlands, (iii) filters or other attached growth contactors, (iv) processes utilizing biological nutrient control, or (v) processes utilizing land application having a design hydraulic capacity greater than 0.5 MGD but equal to or less than 5.0 MGD;
2. A wastewater works using advanced waste treatment methods consisting of but not limited to (i) ammonia stripping, (ii) breakpoint chlorination, (iii) carbon adsorption, (iv) chemical coagulation, (v) flocculation, (vi) precipitation, (vii) filtration, (viii) demineralization (i.e., ion exchange, reverse osmosis, or electrodialysis) and having a hydraulic capacity greater than 0.1 MGD but equal to or less than 2.5 MGD; or
3. A wastewater works classified by DEQ or VDH as a Class 2, Class 3, or Class 4 wastewater works.
D. A Class 1 wastewater works licensee may operate any wastewater works as follows:
1. A wastewater works using biological treatment methods consisting of but not limited to (i) suspended growth reactors, (ii) aerated lagoons or constructed wetlands, (iii) filters or other attached growth contactors, (iv) processes utilizing biological nutrient control, (v) processes utilizing land treatment and having a hydraulic capacity greater than 5.0 MGD;
2. A wastewater works using advanced waste treatment methods consisting of but not limited to (i) ammonia stripping, (ii) breaking chlorination, (iii) carbon adsorption, (iv) chemical coagulation, (v) flocculation, (vi) precipitation, (vii) filtration, (viii) demineralization (i.e., ion exchange, reverse osmosis, or electrodialysis) and having a design capacity greater than 2.5 MGD;
3. A wastewater works classified by DEQ or VDH as a Class 1, Class 2, Class 3, or Class 4 wastewater works.
18VAC160-30-370. Waterworks.
A. A Class 6 waterworks licensee may operate any waterworks as follows:
1. A waterworks serving fewer than 400 persons that provides no treatment or employs one or more of the following treatment processes: (i) hypochlorination for disinfection, (ii) corrosion control with calcite or magnesium oxide contactors or solution feed except with caustic, or (iii) sequestration by solution feed; or
2. A waterworks classified by VDH as a Class 6 waterworks.
B. A Class 5 waterworks licensee may operate any waterworks as follows:
1. A waterworks serving 400 or more persons that provides no treatment or employs one or more of the following treatment processes: (i) hypochlorination for disinfection, (ii) corrosion control with calcite or magnesium oxide contactors or solution feed except with caustic, or (iii) sequestration by solution feed; or
2. A waterworks classified by VDH as a Class 5 waterworks.
C. A Class 4 waterworks licensee may operate any waterworks as follows:
1. A waterworks or treatment facility serving fewer than 5,000 persons or having a treatment facility capacity of less than 0.5 MGD and employing one or more of the following: (i) disinfection other than with hypochlorination, (ii) caustic soda feed, (iii) iron and manganese removal, (iv) ion exchange, (v) slow sand filtration, (vi) aeration, (vii) rechlorination other than with hypochlorination, (viii) activated carbon contactors, (ix) membrane or other filtration technologies without chemical coagulation, or (x) fluoridation with a saturator; or
2. A waterworks classified by VDH as a Class 4 waterworks.
D. A Class 3 waterworks licensee may operate any waterworks as follows:
1. A waterworks or treatment facility serving fewer than 5,000 persons or having a treatment facility capacity less than 0.5 MGD, whichever is greater, and employing conventional filtration or chemical coagulation in combination with membrane filtration;
2. A waterworks or treatment facility serving 5,000 or more persons or having a treatment facility capacity of 0.5 MGD or more, whichever is greater, and employing one or more of the following: (i) disinfection other than with hypochlorination, (ii) caustic soda feed, (iii) iron and manganese removal, (iv) ion exchange, (v) slow sand filtration, (vi) aeration, (vii) rechlorination other than with hypochlorination, (viii) activated carbon contactors, (ix) membrane or other filtration technologies without chemical coagulation, or (x) fluoridation with a saturator or acid feed;
3. A waterworks or treatment facility employing fluoridation with other than a saturator not considered a Class 1 or Class 2 waterworks; or
4. A waterworks classified by VDH as a Class 3 waterworks.
E. A Class 2 waterworks licensee may operate any waterworks as follows:
1. A waterworks or treatment facility serving 5,000 or more persons but fewer than 50,000 persons or having a treatment facility capacity of 0.5 MGD or more but less than 5.0 MGD, whichever range applies, and employing rapid rate conventional filtration chemical coagulation in combination with membrane filtration;
2. A waterworks or treatment facility serving fewer than 50,000 persons or having a treatment facility capacity of less than 5.0 MGD employing high rate conventional filtration; or
3. A waterworks classified by the VDH as a Class 2 waterworks.
F. A Class 1 waterworks licensee may operate any waterworks as follows:
1. A waterworks or treatment facility serving 50,000 or more persons or having a treatment facility capacity of 5.0 MGD or more and employing conventional filtration or chemical coagulation in combination with membrane filtration; or
2. A waterworks classified by VDH as a Class 1 waterworks.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (18VAC160-30)
Waterworks Operator License Application, A436-1955LIC-v3 (eff. 7/2016)
Provisional Waterworks Operator License Application, A436-1955PLIC-v2 (eff. 7/2016)
Wastewater Works Operator License Application, A436-1965LIC-v2 (eff. 7/2016)
Provisional Wastewater Works Operator License Application, A436-1965PLIC-v2 (eff. 7/2016)
Provisional Description and Experience Verification Application, A436-1955_65PEXP-v3 (eff. 12/2014)
Training Course Approval Application, A465-19CRS-v2 (eff. 5/2013)
Education and Training Substitution Form, A436-19EDTR-v3 (eff. 1/2014)
CHAPTER 40
ONSITE SEWAGE SYSTEM PROFESSIONALS LICENSING REGULATIONSPart I
Definitions18VAC160-40-10. Definitions.
A. Section 54.1-2300 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:
"Board"
"Onsite sewage system"
"Operator"
"Wastewater works"
B. The following words, terms, and phrases when used in this chapter shall have the following meaning 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 conventional and alternative onsite sewage systems.
"Alternative onsite sewage system operator" means an individual licensed by the board to operate and maintain conventional and alternative onsite sewage systems.
"Alternative onsite soil evaluator" means an individual licensed by the board to evaluate soils and soil properties in relationship to the effect of these properties on the use and management of these soils and the locations for conventional and alternative onsite sewage systems, to certify in accordance with applicable state regulations and local ordinances that sites are suitable for conventional and alternative onsite sewage systems, and to design conventional and alternative onsite sewage systems suitable for the soils.
"Applicant" means an individual who submits an application with the appropriate fee and other required documentation.
"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation.
"Authorized onsite soil evaluator" means an individual holding an authorized onsite soil evaluator certification issued by the Virginia Department of Health that was valid on June 30, 2009.
"Category" means journeyman or master as applicable to the professionals under the board's purview.
"Class" means conventional or alternative as applicable to the professionals under the board's purview.
"Contact hour" means 50 minutes of participation in a structured training activity.
"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 drainfield.
"Conventional onsite sewage system installer" means an individual licensed by the board to construct, install, and repair conventional onsite sewage systems.
"Conventional onsite sewage system operator" means an individual licensed by the board to operate and maintain a conventional onsite sewage system.
"Conventional onsite soil evaluator" means an individual licensed by the board to evaluate soils and soil properties in relationship to the effects of these properties on the use and management of these soils as the locations for conventional and alternative onsite sewage systems, to certify in accordance with applicable state regulations and local ordinances that sites are suitable for conventional and alternative onsite sewage systems, and to design conventional onsite sewage systems suitable for the soils.
"Department" means the Virginia Department of Professional and Occupational Regulation.
"Direct supervision" means being immediately available and fully responsible for the provision of onsite sewage system services regulated pursuant to Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 and this chapter.
"Interim license" refers to the initial issuance of professional licenses during the implementation of the onsite sewage system professional licensure program. Such licenses were limited to four years and not renewable.
"Journeyman" means an individual who possesses the minimum skills and competency to assist with the installation or maintenance of onsite sewage systems or assist in the evaluation of soil sites as suitable for conventional and alternative onsite sewage systems and to design conventional onsite sewage systems under the direct supervision of a master licensee.
"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 without such license is unlawful to practice.
"Maintenance" or "maintain" means performing adjustments to equipment and controls and in-kind replacement of normal wear and tear parts such as light bulbs, fuses, filters, pumps, motors, or other like components. Maintenance includes pumping the tanks or cleaning the building sewer on a periodic basis. Maintenance shall not include replacement of tanks, drainfield piping, or distribution boxes or work requiring a construction permit and a licensed onsite sewage system installer.
"Master" means an individual who possess the minimum skills and competency to install or maintain onsite sewage system or evaluate soil sites as suitable for conventional and alternative onsite sewage systems and to design conventional and alternative onsite sewage systems.
"Operate" means the act of (i) placing into or taking out of service a unit process or unit processes or (ii) making or causing adjustments in the operation of a unit process at a treatment works.
"Profession" means the practice of onsite soil evaluation, onsite sewage system installation, and onsite sewage system operation.
"Professional" means an onsite sewage system installer, onsite sewage system operator, or onsite soil evaluator who is licensed pursuant to the provisions of this chapter and is in good standing with the board to practice his profession in this Commonwealth.
"Renewal" means the process and requirements for periodically approving the continuance of a license.
"Sewage" means water-carried and nonwater-carried human excrement or 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.
"Training credit" means a unit of board-approved training or formal education completed by an individual that may be used to substitute for experience when applying for a license.
"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 processes or (ii) used for ultimate disposal or residues or effluent resulting from such treatment.
"VDH" means the Virginia Department of Health.
Part II
Entry18VAC160-40-20. Application procedures.
A. All applicants seeking licensure shall submit an application with the appropriate fee in 18VAC160-40-40. Applications shall be made on forms provided by the board.
By submitting the application to the department, the applicant certified that the applicant has read and understands the applicable statutes and the board's regulations.
The receipt of an application and the deposit of fees by the board does not indicate approval of the application by the board.
B. The board may make further inquiries and investigations with respect to the applicant's qualifications to confirm or amplify information supplied. All applications shall be completed in accordance with the instructions contained herein and on the application. Applications will not be considered complete until all required documents are received by the board. If an examination is required for licensure, the applicant will not be permitted to sit for the applicable board-approved examination until the application is complete and approved.
C. The applicant will be notified within 30 days of the board's receipt of an initial application if the application is incomplete. An individual who fails to complete the process within 12 months of receipt of the application in the board's office must submit a new application. If applicable, the applicant has 12 months from approval of the application to pass the board-approved examination. Failure to pass the board-approved examination within 12 months of approval will result in the applicant being required to submit a new application to be considered for licensure.
D. The applicant shall immediately report all changes in information supplied with the application, if applicable, prior to the issuance of the license or expiration of the application or examination period.
18VAC160-40-30. General fee requirements.
All fees are nonrefundable and shall not be prorated. The date on which the fee is received by the department or its agent will determine whether the fee is on time. Checks or money orders shall be made payable to the Treasurer of Virginia.
18VAC160-40-40. Fee schedule.
Fee Type
Fee Amount
When Due
Initial application (for each profession, class, and category of license)
$100
With application
Renewal (for each profession, class, and category of license)
$100
With renewal application
Reinstatement (for each profession, class, and category of license)
$125 (renewal fee + $25 reinstatement fee)
With reinstatement application
18VAC160-40-50. Examination fee.
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.
18VAC160-40-60. General requirements for licensure.
A. In addition to the specific qualifications for each profession, class, and category of licensure, each applicant for licensure shall meet the requirements provided in this section:
1. The applicant shall be at least 18 years old.
2. The applicant shall disclose his mailing address. A post office box is only acceptable as a mailing address when a physical address is provided.
3. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall disclose the following information:
a. All felony convictions.
b. All misdemeanor convictions that occurred within three years of the date of application.
Any plea of nolo contendere or finding of guilt regardless of adjudication or deferred adjudication shall be considered a conviction for the purposes of this section. 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.
B. The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.
C. The applicant shall report suspensions, revocations, or surrendering of a license, certification, or registration in connection with a disciplinary action or that has been subject of discipline in any jurisdiction prior to applying for licensure. The board at its discretion may deny licensure to any applicant based on prior suspensions, revocations, or surrender or licenses based on disciplinary action by any jurisdiction.
18VAC160-40-70. Education and training for experience.
A. Each individual applying for a license may receive credit for up to half of the required experience 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 or operator or onsite soil evaluation training courses, as applicable to the license sought, 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 exercises and field trip contact time. Training credit is not earned for breaks, meals, receptions, and time other than classroom, laboratory, and field trip contact time.
B. Education used to meet the education requirements to qualify for licensure may not be substituted for experience.
18VAC160-40-80. Examination procedures and conduct.
A. Upon approval of the application, the board will notify the applicant of his eligibility to take the applicable examination. The license will not be issued prior to the receipt of a passing score for the applicable examination.
B. An applicant who does not receive a passing score within one year after the date of approval of the application by the board to sit for the examination must submit a new application and meet entry requirements in effect at the time of the submittal of the new application.
C. In those instances where the applicant is required to take an examination for licensure, the applicant shall follow all rules established by the board with regard to conduct at the examination. Such rules shall include written instructions communicated prior to the examination date and instructions communicated at the site, either written or oral, on the date of the examination. Failure to comply with all rules established by the board and the testing organization with regard to conduct at the examination shall be grounds for denial of the application, voiding of examination scores, or any combination thereof.
18VAC160-40-90. Individuals certified or licensed in another jurisdiction.
Any applicant holding a valid license or certificate in another jurisdiction shall meet the requirements of this chapter, including having equivalent experience and education. The applicant shall pass the appropriate Virginia examination in those instances where an examination for licensure is required.
18VAC160-40-100. Full-time experience or equivalent.
For the purpose of this part, experience requirements are expressed in terms of calendar periods of full-time employment as an operator, installer, or onsite soil evaluator in the same class for which licensure is sought.
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 performing or assisting in the duties of an installer, operator, or onsite soil evaluator to the extent required for the proper installation or maintenance of onsite sewage systems or the evaluation of soil and soil properties for suitability as locations for onsite sewage systems. More than 1,760 hours or 220 workdays during a 12-month period will not be considered as more than one year of full-time employment.
2. Partial credit may be given for actual hours of work or workdays experience if the applicant works less than full time.
Part III
Onsite Sewage System Installers18VAC160-40-110. License required.
A. No individual shall install a conventional or alternative onsite sewage system without a valid master onsite sewage system installer license issued by the board.
B. An individual cannot simultaneously hold valid master and journeyman onsite sewage system installer licenses in the same class. Issuance of a master onsite sewage system installer license in a specific class shall void the journeyman onsite sewage system installer license in the same class.
C. An individual cannot simultaneously hold valid conventional and alternative master onsite sewage system installer licenses or convention and alternative journeyman licenses. Issuance of a master alternative onsite sewage system installer license shall void the conventional onsite sewage system installer license.
D. A journeyman onsite sewage system installer must work under the direct supervision of a licensed master onsite sewage system installer. A master onsite sewage system installer is responsible for supervising the provision of onsite sewage system installations by any journeyman onsite sewage system installers under his direct supervision.
E. Experience used to qualify for licensure cannot be verified by a journeyman onsite sewage system installer.
18VAC160-40-120. Qualifications for journeyman conventional onsite sewage system installer licenses.
An applicant for licensure as a journeyman conventional onsite sewage system installer shall furnish acceptable documentation that one of the following qualifications has been met:
Prerequisites
Exam Required
Education Required
Documented Qualifying Experience
1.
Employee, owner, director, or officer of a properly licensed contractor with a sewage disposal system (SDS) specialty issued by the Virginia Board for Contractors
No
No
Six months of full-time experience assisting with the installation of conventional or alternative onsite sewage systems verified by one or more of the following: an onsite soil evaluator, an onsite sewage system installer, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
2.
None
No
No
One year of full-time experience assisting with the installation of conventional or alternative onsite sewage systems verified by one or more of the following: an onsite soil evaluator, an onsite sewage system installer, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
18VAC160-40-130. Qualifications for master conventional onsite sewage system installer licenses.
An applicant for licensure as a master conventional onsite sewage system installer shall furnish acceptable documentation that one of the following qualifications has been met:
Prerequisites
Exam Required
Education Required
Documented Qualifying Experience
1.
Employee, owner, director, or officer of a properly licensed contractor with a sewage disposal system (SDS) specialty issued by the Virginia Board for Contractors
Yes
20 hours of training approved by the board covering basic installation of conventional or alternative onsite sewage systems
One year of full-time experience installing conventional or alternative onsite sewage systems verified by one or more of the following: an onsite soil evaluator, an onsite sewage system installer, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
2.
Employee, owner, director, or officer of a properly licensed contractor with a sewage disposal system (SDS) specialty issued by the Virginia Board for Contractors
Yes
No
Two years of full-time experience installing conventional or alternative onsite sewage systems verified by one or more of the following: an onsite soil evaluator, an onsite sewage system installer, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
3.
Interim installer or journeyman license
Yes
20 hours of training approved by the board covering basic installation of conventional or alternative onsite sewage systems
Two years of full-time experience installing conventional or alternative onsite sewage systems verified by one or more of the following: an onsite soil evaluator, an onsite sewage system installer, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
4.
Interim installer or journeyman installer license
Yes
No
Three years of full-time experience installing conventional or alternative onsite sewage systems verified by one or more of the following: an onsite soil evaluator, an onsite sewage system installer, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
18VAC160-40-140. Qualification for exemption from examination for master conventional onsite sewage system installer applicants.
Applicants seeking licensure as a conventional onsite sewage system installer may be exempt from the examination, provided the board receives the applicable application before July 1, 2016, and the applicant:
1. Is able to satisfactorily demonstrate 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 the application. Documentation of qualifying experience may be verified by a conventional or alternative onsite soil evaluator, a conventional or alternative onsite sewage system installer, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009; and
2. Meets the requirements of 18VAC160-40-60.
18VAC160-40-150. Qualifications for journeyman alternative onsite sewage system installer licenses.
An applicant for licensure as an alternative onsite sewage system installer shall furnish acceptable documentation that one of the following qualifications has been met:
Prerequisites
Exam Required
Education Required
Documented Qualifying Experience
1.
Employee, owner, director, or officer of a properly licensed contractor with a sewage disposal system (SDS) specialty issued by the Virginia Board for Contractors
No
No
One year of full-time experience assisting with the installation of alternative onsite sewage systems verified by one or more of the following: an alternative onsite soil evaluator, an alternative onsite sewage system installer, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
2.
None
No
No
Two years of full-time experience assisting with the installation of alternative onsite sewage systems verified by one or more of the following: an alternative onsite soil evaluator, an alternative onsite sewage system installer, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
18VAC160-40-160. Qualifications for master alternative onsite sewage system installer licenses.
An applicant for licensure as a master alternative onsite sewage system installer shall furnish acceptable documentation that one of the following qualifications has been met:
Prerequisites
Exam Required
Education Required
Documented Qualifying Experience
1.
Employee, owner, director, or officer of a properly licensed contractor with a sewage disposal system (SDS) specialty issued by the Virginia Board for Contractors
Yes
No
Two years of full-time experience installing alternative onsite sewage systems verified by one or more of the following: an alternative onsite soil evaluator, an alternative onsite sewage system installer, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
2.
No
Yes
20 hours of training approved by the board covering basic installation of alternative onsite sewage systems
Three years of full-time experience installing alternative onsite sewage systems verified by one or more of the following: an alternative onsite soil evaluator, an alternative onsite sewage system installer, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
3.
Interim alternative onsite sewage system installer or conventional onsite sewage system installer license
Yes
No
18 months of full-time experience installing alternative onsite sewage systems verified by one or more of the following: an alternative onsite soil evaluator, an alternative onsite sewage system installer, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
4.
No
Yes
20 hours of training approved by the board covering the basic installation of alternative onsite sewage systems
18 months of full-time experience installing alternative onsite sewage systems verified by one or more of the following: an alternative onsite soil evaluator, an alternative onsite sewage system installer, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
Part IV
Onsite Sewage System Operators18VAC160-40-170. License required.
A. No individual shall operate a conventional or alternative onsite sewage system without a valid master onsite sewage system operator license issued by the board.
B. An individual cannot simultaneously hold valid master and onsite sewage system operator licenses in the same class. Issuance of a master onsite sewage system operator license in a specific class shall void the journeyman onsite sewage system operator license in the same class.
C. An individual cannot simultaneously hold valid conventional and alternative onsite sewage system operator licenses or conventional and alternative journeyman onsite sewage system operator licenses. Issuance of a master alternative onsite sewage system operator license shall void the conventional onsite sewage system operator license.
D. A journeyman onsite sewage system operator must work under the direct supervision of a licensed master onsite sewage system operator. An onsite sewage system operator is responsible for supervising the operation of the onsite sewage system by any journeyman onsite sewage system operator under his responsibility.
E. Experience used to qualify for licensure cannot be verified by a journeyman onsite sewage system operator.
18VAC160-40-180. Qualifications for journeyman conventional onsite sewage system operator licenses.
An applicant for licensure as a journeyman conventional onsite sewage system operator shall furnish acceptable documentation that the following qualification has been met:
Prerequisites
Exam Required
Education Required
Documented Qualifying Experience
None
No
No
Six months of full-time experience assisting with the operation and maintenance of conventional or alternative onsite sewage systems verified by one or more of the following: an onsite soil evaluator, an onsite sewage system operator, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
18VAC160-40-190. Qualifications for master conventional onsite sewage system operator licenses.
An applicant for licensure as a master conventional onsite sewage system operator shall furnish acceptable documentation that one of the following qualifications has been met:
Prerequisites
Exam Required
Education Required
Documented Qualifying Experience
1.
Wastewater works operator license
Yes
No
None
2.
No
Yes
10 hours of education approved by the board covering the basics of operation and maintenance of conventional onsite sewage systems
Six months of full-time experience in the operation and maintenance of conventional or alternative onsite sewage systems verified by one or more of the following: an onsite soil evaluator, an onsite sewage system operator, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
3.
No
Yes
No
One year of full-time experience in the operation and maintenance of conventional or alternative onsite sewage systems verified by one or more of the following: an onsite soil evaluator, an onsite sewage system operator, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
18VAC160-40-200. Qualification for exemption from examination for master conventional onsite sewage system operator applicants.
Applicants seeking licensure as a master conventional onsite sewage system operator may be exempt from the examination provided the applicant:
1. Is able to satisfactorily demonstrate that he has been actively engaged in performing the duties of a conventional onsite sewage system operator for at least four years. Documentation of qualifying experience may be verified by a conventional or alternative soil evaluation, a conventional or alternative onsite sewage system operator, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009; and
2. Meets the requirements of 18VAC160-40-60.
18VAC160-40-210. Qualifications for journeyman alternative onsite sewage system operator licenses.
An applicant for licensure as a journeyman alternative onsite sewage operator shall furnish acceptable documentation that one of the following qualifications has been met:
Prerequisites
Exam Required
Education Required
Documented Qualifying Experience
1.
None
No
20 hours of education approved by the board covering the basics of operation and maintenance of alternative onsite sewage systems
One year of full-time experience assisting with the operation and maintenance of alternative onsite sewage systems verified by one or more of the following: an alternative onsite soil evaluator, an alternative sewage system operator, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
2.
None
No
None
Two years of full-time experience assisting with the operation and maintenance of alternative onsite sewage systems verified by one or more of the following: an alternative onsite soil evaluator, an alternative sewage system operator, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
18VAC160-40-220. Qualifications for master alternative onsite sewage system operator licenses.
An applicant for licensure as a master alternative onsite sewage system operator shall furnish acceptable documentation that one of the following has been met:
Prerequisites
Exam Required
Education Required
Documented Qualifying Experience
1.
Held or holds a conventional onsite sewage system operator license
Yes
10 hours of training approved by the board covering the basics of operation and maintenance of alternative onsite sewage systems
One year of full-time experience in the operation and maintenance of onsite sewage systems verified by one or more of the following: an alternative onsite soil evaluator, an alternative onsite sewage system operator, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
2.
Held or holds a conventional onsite sewage system operator license
Yes
No
One year of full-time experience in the operation and maintenance of onsite sewage systems verified by one or more of the following: an alternative onsite soil evaluator, an alternative onsite sewage system operator, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
3.
None
Yes
20 hours of training approved by the board covering the basics of operation and maintenance of alternative onsite sewage systems
Two years of full-time experience in the operation and maintenance of onsite sewage systems verified by one or more of the following: an alternative onsite soil evaluator, an alternative onsite sewage system operator, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
4.
Wastewater works operator license
Yes
No
Six months of full-time experience in the operation and maintenance of onsite sewage systems verified by one or more of the following: an alternative onsite soil evaluator, an alternative onsite sewage system operator, a professional engineer, or an authorized onsite soil evaluator certified by VDH before July 1, 2009
5.
Wastewater works operator license
Yes
20 hours of training approved by the board in basics of operation and maintenance of alternative onsite sewage systems
No
Part V
Onsite Soil Evaluator18VAC160-40-230. License required.
A. Notwithstanding the provisions of Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, no individual shall evaluate soils and soil properties for suitability as locations for or design conventional or alternative onsite sewage systems without possessing a valid license issued by the board.
B. An individual cannot simultaneously hold master and journeyman onsite soil evaluator licenses in the same class. Issuance of a master onsite soil evaluator license in a specific class shall void the journeyman onsite soil evaluator license in the same class.
C. An individual cannot simultaneously hold valid conventional and alternative onsite soil evaluator licenses or conventional and alternative journeyman onsite soil evaluator licenses. Issuance of an alternative master onsite soil evaluator license shall void the conventional onsite soil evaluator license.
D. A journeyman onsite soil evaluator must work under the direct supervision of a master onsite soil evaluator. A master onsite soil evaluator of an equal or greater class is responsible for supervising the provision of onsite soil evaluations and designs by any journeyman onsite soil evaluator under his responsibility.
E. Experience to qualify for licensure cannot be verified by a journeyman onsite soil evaluator.
18VAC160-40-240. Qualifications for journeyman conventional onsite soil evaluator licenses.
An applicant for licensure as a journeyman conventional onsite soil evaluator shall furnish acceptable documentation that one of the following has been met:
Prerequisites
Exam Required
Education Required
Documented Qualifying Experience
1.
Virginia professional soil scientist license
No
No
No
2.
No
No
No
One and one-half years of full-time experience assisting in the evaluation of site and soil conditions and design of conventional onsite sewage systems verified by one or more of the following: an authorized soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an onsite soil evaluator
3.
No
No
VDH onsite system training
One year of full-time experience assisting in the evaluation of site and soil conditions and design of conventional onsite sewage systems verified by one or more of the following: an authorized soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an onsite soil evaluator
18VAC160-40-250. Qualifications for master conventional onsite soil evaluator licenses.
An applicant for licensure as a master conventional onsite soil evaluator shall furnish acceptable documentation that one of the following qualifications has been met:
Prerequisites
Exam Required
Education Required
Documented Qualifying Experience
1.
No
Yes
Master's or bachelor's degree
One and one-half years of full-time experience evaluating site and soil conditions and designing conventional onsite sewage systems verified by one or more of the following: an authorized onsite soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an onsite soil evaluator
2.
No
Yes
Associate's degree
Three years of full-time experience evaluating site and soil conditions and designing conventional onsite sewage systems verified by one or more of the following: an authorized onsite soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an onsite soil evaluator
3.
No
Yes
VDH onsite sewage system program
Two years of full-time experience evaluating site and soil conditions and designing conventional onsite sewage systems verified by one or more of the following: an authorized onsite soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an onsite soil evaluator
4.
Journeyman or interim conventional onsite soil evaluator
Yes
No
Three years of full-time experience evaluating site and soil conditions and designing conventional onsite sewage systems verified by one or more of the following: an authorized onsite soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an onsite soil evaluator
18VAC160-40-260. Qualifications for journeyman alternative onsite soil evaluator licenses.
An applicant for licensure as a journeyman alternative onsite soil evaluator shall furnish acceptable documentation that one of the following qualifications has been meet:
Prerequisites
Exam Required
Education Required
Documented Qualifying Experience
1.
Virginia professional soil scientist license
No
No
One year of full-time experience assisting in the evaluation of site and soil conditions and design of alternative onsite sewage systems verified by one or more of the following: an authorized onsite soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an alternative soil evaluator
2.
Possess or held either a valid interim alternative onsite soil evaluator license or a conventional onsite soil evaluator license
No
No
One year of full-time experience assisting in the evaluation of site and soil conditions and design of alternative onsite sewage systems verified by one or more of the following: an authorized onsite soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an alternative soil evaluator
3.
An authorized onsite soil evaluator certified by VDH before July 1, 2009
No
No
One year of full-time experience assisting in the evaluation of site and soil conditions and design of alternative onsite sewage systems verified by one or more of the following: an authorized onsite soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an alternative soil evaluator
4.
No
No
No
Two years of full-time experience assisting in the evaluation of site and soil conditions and design of alternative onsite sewage systems verified by one or more of the following: an authorized onsite soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an alternative soil evaluator
18VAC160-40-270. Qualifications for master alternative onsite soil evaluator licenses.
An applicant for licensure as a master alternative onsite soil evaluator shall furnish acceptable documentation that one of the following qualifications has been met:
Prerequisites
Exam Required
Education Required
Documented Qualifying Experience
1.
No
Yes
Master's or bachelor's degree
One and one-half years of full-time experience evaluating site and soil conditions and designing alternative onsite sewage systems verified by one or more of the following: an authorized onsite soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an alternative onsite soil evaluator
2.
No
Yes
Associate's degree
Three years of full-time experience evaluating site and soil conditions and designing alternative onsite sewage systems verified by one or more of the following: an authorized onsite soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an alternative onsite soil evaluator
3.
Held or holds a conventional onsite soil evaluator license
Yes
No
Two years of full-time experience evaluating site and soil conditions and designing alternative onsite sewage systems verified by one or more of the following: an authorized onsite soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an alternative onsite soil evaluator
4.
No
Yes
No
Three years of full-time experience evaluating site and soil conditions and designing alternative onsite sewage systems verified by one or more of the following: an authorized onsite soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an alternative onsite soil evaluator
5.
An authorized onsite soil evaluator certified by VDH before July 1, 2009
Yes
No
Two years of full-time experience evaluating site and soil conditions and designing alternative onsite sewage systems verified by one or more of the following: an authorized onsite soil evaluator certified by VDH before July 1, 2009, a professional engineer, or an alternative onsite soil evaluator
18VAC160-40-280. Acceptable degree programs and verification procedures.
A. Applicants seeking to qualify for licensure based on completion of an associate's, bachelor's, or master's degree shall submit an official transcript form the school where the applicable degree was obtained. Only degrees from an accredited college or university that is approved or accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education will be considered. The following degrees shall be considered to qualify in accordance with 18VAC160-40-250 and 18VAC160-40-270:
1. Bachelor's or master's degree in soil science, biology, chemistry, engineering, environmental science, geology, agronomy, earth science, or environmental health.
2. Associate's degree in wastewater works, environmental science, or engineering technology.
3. Bachelor's degree in a related physical, biological, environmental, or chemical science that includes a minimum of 40 semester credit hours in any combination of science and math.
B. Any applicant who has earned a degree from an institution outside of the United States shall have the degree authenticated and evaluated by an education credential evaluation services. The board reserves the right to reject any evaluation submitted by the applicant.
Part VI
Renewal and Reinstatement18VAC160-40-290. Expiration and renewal.
A. A license shall expire two years from the last day of the month in which it was issued.
B. Prior to the expiration date shown on the license, the board shall mail a renewal notice to the licensee's address of record. The licensee shall return a renewal notice and the applicable renewal fee. Failure to receive a renewal notice from the board does not relieve the licensee of the obligation to renew. If the licensee fails to receive the renewal notice, a copy of the license may be submitted with the required fee as an application for renewal.
C. By submitting the renewal fee, the licensee is certifying his continued compliance with the Standards of Practice and Conduct (Part VI (18VAC160-40-440 et seq.) of this chapter) as established by the board. In addition, by submitting the renewal fee, licensees are certifying compliance with the continuing professional education requirements of this chapter.
18VAC160-40-300. Reinstatement.
A. If all the requirements for renewal of the license as specified in 18VAC160-40-290 are not completed within 30 days of the license expiration date, a reinstatement fee shall be required as established in 18VAC160-40-40.
B. A license may be reinstated for up to one year following the expiration date of the license. Any licensee who fails to reinstate the license within 12 months after the expiration date shall apply for a new license and meet entry requirements in effect at the time of submittal of the new application. The individual shall be deemed to be eligible to sit for the examination for the same profession, class, and category of license as the expired license, if an examination is applicable.
C. By submitting the reinstatement fee, the licensee is certifying his continued compliance with the Standards of Practice and Conduct (Part VI (18VAC160-40-440 et seq.) of this chapter) as established by the board. In addition, by submitting the reinstatement fee, licensees are certifying compliance with the continued professional education requirements of this chapter.
D. Any regulated activity conducted subsequent to the license expiration date may constitute unlicensed activity and be subject to prosecution under Chapter 1 (§ 54.1-100 et eq.) of Title 54.1 of the Code of Virginia.
18VAC160-40-310. Status of license during period prior to reinstatement.
A licensee who applies for reinstatement of the license shall be subject to all laws and regulations as if the regulant had been continuously licensed. The licensee shall remain under and be subject to the disciplinary authority of the board during the entire period.
18VAC160-40-320. Board discretion to deny renewal or reinstatement.
A. The board may deny renewal or reinstatement of license for the same reasons as the board may refuse initial licensure or discipline a licensee.
B. The board may deny renewal or reinstatement of a licensee if the licensee has been subject to a disciplinary proceeding and has not met the terms of an agreement for licensure, has not satisfied all sanctions, or has not fully paid monetary penalties and costs imposed by the board.
Part VII
Continuing Professional Education18VAC160-40-330. Continuing professional education.
A. Each licensee shall have completed the following number of continuing professional education (CPE) contact hours during each renewal cycle. CPE provisions do not apply to licenses that were held for less than two years on the date of expiration.
1. Master alternative and conventional onsite soil evaluators, onsite sewage system installers, and onsite sewage system operators shall obtain a minimum of 20 contact hours.
2. Journeyman alternative and conventional onsite soil evaluators, onsite sewage system installers, and onsite sewage system operators shall obtain a minimum of 10 contact hours.
B. CPE courses completed during the license period immediately prior to the expiration date of the license shall be acceptable in order to renew the license. CPE courses completed during a license renewal cycle to satisfy the CPE requirements of the preceding licensing renewal cycle shall be valid only for that preceding license renewal cycle and shall not be accepted for subsequent renewal cycles.
C. The licensee will not receive credit for completing the same CPE course with the same content more than once during a license period.
D. A licensee may receive CPE credit for teaching a course that otherwise meets the requirements of this chapter; however, additional credit shall not be given for subsequent offering of a course or activity with the same content within the same licensing cycle. In addition a licensee may receive two hours of CPE no more than once during a single licensing cycle for the initial development or substantial updating of a CPE course.
E. For all licenses, safety subjects shall not count for more than one half of the total required CPE hours.
18VAC160-40-340. CPE subject matter for onsite sewage system installers.
The following course topics will be accepted for CPE credit for onsite sewage installers:
1. Sewage system installation;
2. Operating and maintaining equipment;
3. Security and safety procedures;
4. General science and mathematical principles;
5. Administrative knowledge and procedures applicable to the profession;
6. Laws and regulations applicable to the profession;
7. Monitoring, evaluating and adjusting treatment processes (alternative onsite sewage system installers only); and
8. Management and supervision principles (master onsite sewage system installer only, maximum of five credit hours).
18VAC160-40-350. CPE subject matter for onsite sewage system operators.
The following course topics will be accepted for credit for onsite sewage system operators:
1. Onsite system operations;
2. Monitoring, evaluating, and adjusting treatment processes;
3. Operating and maintaining equipment;
4. Security and safety procedures;
5. General science and mathematical principles;
6. Administrative knowledge applicable to the profession;
7. Laws and regulations applicable to the profession; and
8. Management and supervision principles (applicable to master onsite sewage system operations only, maximum of five credit hours).
18VAC160-40-360. CPE subject matter for onsite soil evaluators.
The following course topics will be accepted for credit for onsite soil evaluators:
1. Site and soil evaluations;
2. Security and safety procedures;
3. System design;
4. Inspections;
5. General science and mathematical principles;
6. Administrative knowledge and procedures applicable to the profession;
7. Laws and regulations applicable to the profession; and
8. Management and supervision principles (applicable to master onsite soil evaluators only, maximum of five contact hours).
18VAC160-40-370. Use of training credits and formal education for CPE credit.
Any course approved by the board for substitution as training credits or formal education semester hours, as provided for in 18VAC160-40-70 or 18VAC160-40-280, 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 hours. The training credits or formal education must be applicable to the license for which CPE credit is sought.
18VAC160-40-380. Maintenance of CPE.
A. For a period of at least two years following the end of the license renewal cycle for which the CPE was taken, the following evidence shall be maintained to document completion of the required CPE.
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 licensee participated in the training;
3. Description of the subject matter presented; and
4. A statement from the sponsor verifying the number of hours completed.
B. The board may conduct an audit of its licensees to ensure compliance with the applicable CPE requirements. Licensees who are selected for audit shall provide the necessary documentation stipulated in this section.
Part VIII
Training Course Approval18VAC160-40-390. Approval of training courses.
A. Training courses may be substituted for experience pursuant to the provisions of 18VAC160-40-70. With the exception of training courses provided pursuant to 18VAC160-40-330, training courses that may be substituted for required experience must be approved by the board prior to commencing in accordance with the provisions of this section.
B. Each training provider seeking course approval shall submit an application for approval on a form provided by the board. Training courses for which experience credit may be granted must be conducted in general conformance with the guidelines of the International Association for Continued 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 that 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 the training course.
2. Training course records. The board will only approve training offered by a sponsor that maintains records for all participants for a minimum of seven years and that has a written policy on retention and release of records.
3. Instructors. The board will only approve training conducted by personnel who have demonstrated competency in the subject being taught, an understanding of the learning objective, and knowledge of the learning process to be used.
4. Objectives. The board will only approve courses that have a series of stated objectives that are pertinent to the tasks performed by the 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, oral examination, or other similar assessment techniques.
18VAC160-40-400. Application for training course approval.
A. The board shall consider the following information, to be submitted by the course sponsor or instructor on forms provided by the board:
1. Course information.
a. Course title;
b. Planned audience;
c. Name of sponsor;
d. Name, physical address, email address, and phone number of contact person;
e. Scheduled presentation dates;
f. Detailed course schedule, hour-by-hour including begin and end times;
g. List of planned breaks;
h. Scheduled presentation location; and
i. Identification of the profession, category, and class of license to which the course is applicable and relevancy to the identified license type.
2. Instructor qualifications.
a. Name of instructor;
b. Title;
c. Employer;
d. Board license number or numbers, if applicable; and
e. Summary of qualifications to teach the course.
3. Training materials.
a. Course objectives. A listing of the course objectives stated in terms of the skills and knowledge 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, audiovisual presentations, 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. Audiovisual support materials. A listing of any commercially available audiovisual support material that will be used in the program. A brief description of any sponsor or instructor generated audiovisual material that will be used.
e. Handouts. Identification of all commercially available handout materials that will be used, as well as copies 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 training program, such as examinations, projects, personal evaluations by the instructor, or other recognized evaluation techniques. Correspondence and other distance learning courses must include appropriate testing procedures to verify completion of the course.
B. 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 required by the sponsor.
1. The board shall consider all of the information listed in subsection A of this section except those items related to specific offerings of the course.
2. 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.
18VAC160-40-410. Maintenance of training course approval.
A. At times established by the board, the board may require that course providers that have previously obtained course approval provide the board with evidence, in a form set forth by the board, that the provider continues to comply with the requirements of this chapter. Failure to continue to comply with the board's requirements or respond to such a request may result in the board withdrawing its approval.
B. Substantial modifications or changes to the information provided in 18VAC160-40-390 and 18VAC160-40-400 must be reported to the board within 30 days of the change. Failure to report the changes as required may result in the withdrawal of approval by the board.
C. Any change of address of the training provider shall be reported in writing within 30 days of the change.
D. The board may conduct an audit of the training provider to ensure continued compliance with this chapter.
18VAC160-40-420. Withdrawal of approval.
The board may withdraw approval of any provider for the following reasons:
1. The course or courses being offered no longer meet the standards established by the board.
2. The provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way.
3. The provider, instructor, or designee of the provider falsifies any information relating to the application for approval, course information, or student records.
4. The provider fails to respond to the board or any of its agents.
18VAC160-40-430. Training course offered by certain entities, board approval not required.
A. Training courses provided by (i) federal, state, or local government agencies; (ii) accredited colleges or universities approved or accredited by the Commission on Colleges; (iii) a regional or national accreditation association; or (iv) an accrediting agency that is recognized by the U.S. Secretary of Education do not require board approval to be used for experience substitution, provided the training course information submitted to the board includes the following:
1. The course must include the continuing education hours awarded by the entity.
2. The course must be related to the profession, category, or class, if applicable, for which experience substitution is sought.
B. The board may require additional information from the provider as necessary to ensure compliance with this section. If such assurance cannot be made by the board, the training course may not be used for experience substitution, or the provider may pursue board approval pursuant to this chapter.
Part IX
Standards of Practice and Conduct18VAC160-40-440. Grounds for disciplinary action.
The board may place a licensee on probation; impose a monetary penalty in accordance in § 54.1-202 A of the Code of Virginia; or revoke, suspend, or refuse to renew any license when the licensee has been found to have violated or cooperated with others in violating any provision of the regulations of the board or Chapter 23 (§ 54.1-2300 et.seq.) of Title 54.1 of the Code of Virginia.
18VAC160-40-450. Maintenance of license.
A. No license issued by the board shall be assigned or otherwise transferred.
B. A licensee shall report, in writing, all changes of the address of record and name to the board within 30 days of the change and shall return the license to the board. In addition to the address of record, a physical address is required for each license. If the licensee holds more than one license, the licensee shall inform the board of all licenses, certificates, and registrations affected by the name or address change. The board shall not be responsible for the licensee's failure to receive notices or correspondence due to the licensee's failure to report a change of name or address.
C. Any change in any of the requirements and qualifications for licensure found in Part II (18VAC160-40-20 et seq.), III (18VAC160-40-110 et seq.), or IV (18VAC160-40-170 et seq.) of this chapter shall be reported to the board within 30 days of the change.
18VAC160-40-460. Notice of adverse action.
A. Licensees shall notify the board of the following actions against the licensee.
1. Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including but not limited to any reprimand, license or certificate revocation, suspension or denial, monetary penalty, requirement for remedial education, or other corrective action.
2. Any voluntary surrendering of a related license, certificate, or registration done in connection with a disciplinary action in another jurisdiction.
3. Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any misdemeanor involving lying, cheating, stealing, sexual offense, drug distribution, physical injury, or relating to the practice of the profession or of any felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for the purpose of this section.
B. Notices to the board must be made in writing within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice. The record of conviction finding or case decision shall be considered prima facie evidence of a conviction or finding of guilt.
18VAC160-40-470. Prohibited acts.
The following acts are prohibited and any violation may result in disciplinary action by the board:
1. Violating, inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), or 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia, or any of the regulations of the board.
2. Allowing a license issued by the board to be used by another.
3. Obtaining or attempting to obtain a license by false or fraudulent representation, or maintaining or renewing a license by false or fraudulent representation.
4. A licensee having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC160-40-460. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia.
5. Failing to inform the board in writing within 30 days that the licensee was convicted or found guilty or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC160-40-460.
6. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.
7. Having undertaken to perform or performed a professional assignment that the licensee is not qualified to perform by education, experience, training, or any combination thereof.
8. Failing to report a change as required by 18VAC160-40-450.
9. Negligence, misconduct, or incompetence in the practice of the profession.
10. Making any misrepresentation or engaging in acts of fraud or deceit in advertising, soliciting, or in providing professional services.
11. Failing to adequately supervise and review work performed by unlicensed employees or journeyman licensees under the direct supervision of the master licensee.
12. Failure to obtain any permit, approval, or other document required by VDH related to the design, installation, repair, or operation of an onsite sewage system.
13. Knowingly signing plans, drawings, reports, specifications, maps, or other documents related to an onsite sewage system not prepared or reviewed and approved by the licensee.
14. Knowingly misrepresenting factual information in expressing a professional opinion.
15. Failing to act in providing professional services in a manner that safeguards the interests of the public.
18VAC160-40-480. Conflicts of interest.
The licensee shall:
1. Promptly and fully inform an employer or client of any business association, interest, or circumstance that may influence the licensee's judgment of the quality of service.
2. Not accept compensation, financial or otherwise, from more than one party for services on or pertaining to the same project, unless the circumstances are fully disclosed to and agreed to by all interested parties in writing.
3. Neither solicit nor accept financial or other valuable consideration from material or equipment suppliers for specifying their products or services.
4. Not solicit or accept gratuities, directly or indirectly, from contractors or their agents or other parties dealing with a client or employer in connection with work for which the licensee is responsible.
18VAC160-40-490. Licensee responsibility.
A. The primary obligation of the licensee is to the public. If the licensee's judgment is overruled and not adhered to when advising appropriate parties of circumstances of a substantial threat to the public health, safety, or welfare, the licensee shall inform the employer and client, as applicable, of the possible consequences and notify appropriate authorities.
B. The licensee shall not knowingly associate in a business venture with, or permit the use of the licensee's name by, any person or firm where there is reason to believe that person or firm is engaging in activity of a fraudulent or dishonest nature or is violating any law or regulation of the board.
C. A licensee who has direct knowledge that another individual or firm may be violating any of the provisions of this chapter or the provisions of Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia shall immediately inform the board in writing and shall cooperate in furnishing any further information or assistance that may be required.
D. Except as provided in subsection E of this section, a licensee shall not utilize the evaluations, design, drawings, or work of another licensee without the knowledge and written consent of the licensee or organization of ownership that originated the design, drawings, or work.
E. A licensee who relies on information in VDH files or has received permission to modify or otherwise utilize the evaluation, design, drawings, or work of another licensee pursuant to subsection D or E of this section may certify that work only after a thorough review of the evaluation, design, drawings or work and after he determines that he is willing to assume full responsibility for all design, drawings, or work on which he relies for his opinion.
18VAC160-40-500. Response to inquiry and provision of records.
A. A licensee must respond within 10 days to a request by the board or any of its agents regarding any complaint filed with the department.
B. Unless otherwise specified by the board, a licensee of the board shall produce to the board or any of its agents within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the licensee was involved, or for which the licensee is required to maintain records. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.
C. A licensee shall not provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.
D. With the exception of the requirements of subsection A or B of this section, a licensee must respond to an inquiry by the board or its agent within 21 days.
18VAC160-40-510. Master licensee's professional responsibilities.
A. Any work performed by a journeyman regulated pursuant to Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia and this chapter shall be under the direct supervision of the master. Such master and journeyman shall have an employment or written contractual relationship.
B. Each master shall maintain documentation of the employment or contractual relationship with each journeyman under the master's direct supervision. Such documentation shall be kept for a minimum of five years and shall include, at a minimum, the beginning and ending dates of the employment or contractual relationship.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (18VAC160-40)
Onsite Soil Evaluator - License Application, A465-1940LIC-v2 (eff. 7/2016)
Onsite Sewage System Operator License Application, A465-1942LIC-v2 (eff. 7/2016)
Onsite Sewage System Installer License Application, A465-1944LIC-v3 (eff. 7/2016)
Onsite Sewage System Applicant Experience Verification Application, A436-19OSSPEXP-v4 (eff. 7/2016)
Training Course Approval Application, A465-19CRS-v2 (eff. 5/2013)
Education and Training Substitution Form, A436-19EDTR-v3 (eff. 1/2014)
VA.R. Doc. No. R15-4114; Filed November 13, 2015, 11:50 a.m.
