Requirements for Percolation Testers, On-Site Soils Evaluators and Registered On-Site Wastewater Treatment System Installers

PURPOSE: This rule establishes the criteria for inclusion on the lists of those individuals qualified to perform percolation tests and/or soils morphology evaluations in determining soil properties for on-site wastewater treatment systems and for inclusion on the registered on- site wastewater system installers list in accordance with sections 701.025 through 701.059, RSMo. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of the rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of the reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Applicability. The requirements and procedures included in this rule apply to individuals qualified to perform percolation tests and/or soil morphology evaluations and installers who are seeking inclusion on the department’s on-site wastewater treatment systems professionals registry. (2) Definitions. (A) “Administrative authority” shall mean the department or local public health agencies, planning and zoning commissions, county building departments, county public works departments, sewer districts, and/or municipalities that have authority to govern individual on-site wastewater treatment systems. (B) “Advanced on-site wastewater treatment system (OWTS) installer” shall mean an individual registered by the department to install advanced OWTS as listed by the department. (C) “Basic on-site wastewater treatment system (OWTS) installer” shall mean an individual registered by the department to install basic OWTS as listed by the department. (D) “Department” shall mean the Missouri Department of Health and Senior Services. (E) “Installer” shall mean any individual, other than a homeowner, who installs a system for their own personal use, who alters, extends, repairs, or constructs an OWTS, including but not limited to, excavating or earthmoving work connected with the construction of an OWTS on behalf of, or under contract with, the property owner. (F) “Licensed professional engineer” shall mean any person authorized pursuant to the provisions of Chapter 327, RSMo, to practice as a professional engineer in Missouri, as the practice of engineering is defined in section 327.181, RSMo. (G) “On-site soil evaluator” shall mean individuals including soil scientists, licensed professional engineers, and registered geologists meeting the requirements of this rule. (H) “On-site wastewater treatment system (OWTS)” shall mean any system handling, or treatment facility receiving, domestic sewage which discharges three thousand (3,000) gallons per day or less into a subsurface soil absorption system or a single-family residence lagoon. (I) “Registered geologist” shall mean any person authorized pursuant to the provisions of Chapter 256, RSMo, to practice as a registered geologist in Missouri, as defined in section 256.453(10), RSMo. (J) “Soil morphology evaluation” shall mean the method of testing or evaluating absorption qualities of the soil by physical examination of the soil’s color, mottling, texture, structure, topography, and hill-slope position. (K) “Soil scientist” shall mean a person that has successfully completed at least fifteen (15) semester credit hours of soils science course work, including at least three (3) hours of course work in soil morphology and interpretations. (3) An individual must be registered with the department to conduct any part of a percolation test or soil morphology evaluation in which results are intended for use in the design or installation of an OWTS according to the standards set forth in sections 701.025 through 701.059, RSMo, and 19 CSR 203.060. (A) Percolation Tests. To register with the department to conduct percolation tests, an individual shall: 1. Successfully complete a training course conducted by or approved by the department, which shall include, at a minimum, course work, field work, a written examination, and a practical examination; or 2. Meet the definition of an on-site soil evaluator, licensed professional engineer, or registered geologist; and 3. Complete the department’s registration process described in section (5) of this rule. (B) Soil Morphology Evaluations. To register with the department to perform soils morphology evaluations, an individual shall: 1. Meet the definition of a soil scientist with at least fifteen (15) semester credit hours of soils science course work, including at least three (3) hours of course work in soil morphology and interpretations; or 2. Meet the definition of a licensed professional engineer or registered geologist with at least ten (10) semester credit hours of soils science course work, including at least three (3) hours of course work in soil morphology and interpretations; and 3. Complete a written and field test conducted by or approved by the department with a score of seventy percent (70%) or higher on all sections of each examination; and 4. Complete the department’s registration process described in section (5) of this rule. (4) An individual must be registered with the department, with the exception of a homeowner meeting the requirements of section 701.055, RSMo, to install an OWTS. Only installers registered as advanced OWTS installers shall install systems listed by the department as advanced OWTS. (A) Basic OWTS Installer. To register with the department as a basic OWTS installer, an individual shall: 1. Complete a basic installer training course conducted by or approved by the department with a score of seventy percent (70%) or higher; and 2. Complete the department’s registration process described in section (5) of this rule. (B) Advanced OWTS Installer. To register with the department as an advanced OWTS installer, an individual shall: 1. Possess a basic OWTS installer’s registration in good standing; 2. Complete an advanced OWTS installer training course conducted by or approved by the department with a score of seventy percent (70%) or higher; and 3. Complete the department’s registration process described in section (5) of this rule. (5) Department’s Registration Process. (A) To register with the department, an individual must submit a completed application packet to the department for approval. Completed application packets shall be AND SENIOR SERVICES Public Health mailed to the Missouri Department of Health and Senior Services, Attention: Fee Receipts, PO Box 570, Jefferson City, MO 651020570. (B) The application packet shall include the following: 1. The completed application form, Mo Form #1 (6-08), Application for Registration, which is incorporated by reference in this rule and is available on the Internet at www.dhss.mo.gov/Onsite or by contacting the department at PO Box 570, Jefferson City, MO 65102-0570, (573) 751-6095. This rule does not incorporate any subsequent amendments or additions; 2. For on-site soil evaluators, mail an original transcript from the college or university attended directly from the registrar to the Missouri Department of Health and Senior Services, Attention: Bureau of Environmental Regulation and Licensure, PO Box 570, Jefferson City, MO 65102-0570. If requested, provide course descriptions from the college or university attended to verify the nature of the course work; 3. For percolation testers and on-site soil evaluators, provide proof of licensure as a professional engineer or certificate of registration by the Board of Geologist Registration indicating the registrant is in good standing, if applicable; and 4. A check or money order made payable to the Missouri Department of Health and Senior Services for the nonrefundableprocessing fee of ninety dollars ($90). (6) Department’s Temporary and Probationary Registration Process. (A) Upon completion of the department’s registration process described in section (5) of this rule, the department may issue a one (1)-time temporary basic OWTS installer registration, valid for no more than one hundred eighty (180) calendar days for work in a specific county or counties. The temporary basic OWTS registration will be converted to a basic OWTS installer registration upon completion of a training course conducted by or approved by the department. Failure to complete the training or the department’s registration process will result in termination of the individual’s temporary basic OWTS installer registration. (B) The department may issue a probationary basic OWTS installer registration for work in a specific county or counties. This registration will be valid for a specific period of time, as determined by the department, and will be dependent on the registered individual meeting and maintaining specific requirements as established by the department and completing the department’s registration process as described in section (5) of this rule. (7) Department’s Renewal Registration Process. An individual’s registration with the department shall expire thirty-six (36) months from its effective date unless the registration has been revoked or surrendered. (A) To renew his or her registration with the department, an individual must submit a renewal application packet to the department for approval. Completed application packets shall be mailed to the Missouri Department of Health and Senior Services, Attention: Fee Receipts, PO Box 570, Jefferson City, MO 65102-0570. (B) The renewal application packet shall include: 1. The completed application form, Mo Form #2A (6-08), Application for Registration Renewal, which is incorporated by reference in this rule and is available on the Internet at www.dhss.mo.gov/Onsite or by contacting the department at PO Box 570, Jefferson City, MO 65102-0570, (573) 7516095. This rule does not incorporate any subsequent amendments or additions; 2. A check or money order made payable to the Missouri Department of Health and Senior Services for the nonrefundableprocessing fee of ninety dollars ($90); and 3. Documentation of the applicant’s successful completion, within the previous thirty-six (36) months, of the following minimum continuing education: A. For on-site soil evaluators, percolation testers, and basic and advanced OWTS installers who are renewing their registration for the first time, at least twenty (20) hours of department-approved continuing education units of which at least eight (8) continuing education units shall meet select department criteria; B. For on-site soil evaluators and advanced OWTS installers who are renewing their registration for the second or subsequent time, at least twelve (12) hours of department-approved continuing education units of which at least eight (8) continuing education units shall meet select department criteria related to their OWTS profession; or C. For basic OWTS installers and percolation testers who are renewing their registration for the second or subsequent time, at least eight (8) hours of department-approved continuing education units. (C) Individuals submitting a renewal application more than fifteen (15) calendar days after the previous registration expires shall pay a late charge of ten dollars ($10) in addition to the ninety dollar ($90) registrationprocessing fee. (D) Registration renewal applications will not be accepted if received by the department more than forty-five (45) calendar days after the previous registration expires. Individuals submitting registration renewal applications more than forty-five (45) calendar days after expiration of their registration will be required to complete the initial registration process, including any department training requirements for an initial registration. (8) A fifteen-dollar ($15) processing fee will be assessed for duplicate and/or replacement registration identification cards. (9) Standards of Practice for Percolation Testers, On-Site Soil Evaluators, and OWTS Installers. (A) A percolation tester or on-site soil evaluator shall: 1. Possess a current registration with the department before performing any activities related to a percolation test or soil morphology evaluation; 2. Record their registration number on all bids, proposals, contracts, invoices, percolation test reports, soil morphology evaluation reports, and other correspondence with the property owner or administrative authority; 3. Provide true and accurate information on any application, percolation test report, soil morphology evaluation report, and any other OWTS documentation; 4. Maintain a current address and phone number with the department and submit any address or phone number changes to the department in writing within thirty (30) calendar days of the change taking place; 5. Conduct percolation tests in accordance with section (2) of 19 CSR 20-3.060; and 6. Conduct site/soil morphology evaluations in accordance with the standards detailed in sections (2) and (7) of 19 CSR 203.060. Specifically, the on-site soil evaluator shall: A. Evaluate the nine (9) items listed in paragraphs (2)(A)2. through 10. of 19 CSR 20-3.060; B. Evaluate and classify six (6) site factors listed in subsection (7)(C) of 19 CSR 20-3.060, as suitable, provisionally suitable, or unsuitable according to subsections (7)(E) through (L) of 19 CSR 20-3.060; C. Include a diagram showing location and extent of the area(s) evaluated; D. Make recommendations regarding the use and effectiveness of water lowering systems when there is evidence of a high water table; and E. Based on subsection (7)(M) and Tables 13 and 14 of 19 CSR 20-3.060, for horizons that are not classified as unsuitable, assign a conventional soil loading rate for each horizon and assign an alternative soil loading rate for each horizon to a depth of at least twelve inches (12") below the likely depth of an alternative system. (B) A registered basic OWTS installer or a registered advanced OWTS installer shall: 1. Possess a current basic OWTS installer registration or advanced OWTS installer registration with the department before beginning construction of any OWTS; 2. Record their registration number on all bids, proposals, contracts, invoices, permit application construction drawings, and other correspondence with the property owner or administrative authority; 3. Provide true and accurate information on any application and any other OWTS documentation; 4. Notify the administrative authority if their involvement as the registered installer with the permit application and OWTS changes; 5. Begin the construction of an OWTS only after obtaining approval from the administrative authority, unless approval is not required; 6. Construct the OWTS meeting the construction standards and permit criteria required by sections 701.025 through 701.059, RSMo, and any rule adopted thereunder or the more stringent requirements of the administrative authority, if applicable; 7. Construct the OWTS that has been authorized by the administrative authority for the specific location identified in the application; 8. Be present at the construction site during construction and supervise all construction activities; 9. Provide required notice and an opportunity for inspection prior to completion of the OWTS installation as required by the administrative authority; 10. Submit complete and accurate “certification without on-site inspection form,” when requested; 11. Not create or increase a health or safety hazard, nuisance condition, or surface water or groundwater contamination when constructing, repairing, modifying, or troubleshooting an OWTS; and 12. Maintain a current address and phone number with the department and submit any address or phone number changes to the department in writing within thirty (30) calendar days of the change taking place. (10) The department may audit the work of a percolation tester, on-site soil evaluator, registered basic OWTS installer, or registered advanced OWTS installer at any time to determine whether the standards of practice, as defined by this rule, are being met. Failure to adhere to department standards may be cause for placement on probation, suspension, or revocation of the registration, or for mandatory successful completion of a training course and/or testing as described in sections (3) and (4) of this rule. The audit may be an unannounced visit to the property on which the percolation test, soil morphology examination, or OWTS installation was conducted, which may include an independent soil percolation test or soil morphology examination, or a visit within the period of a soil percolation test, soil morphology examination, or OWTS installation with or without prior appointment with the registered individual. (11) A percolation tester, on-site soil evaluator, registered basic OWTS installer, or registered advanced OWTS installer may have their registration placed on probation, suspended, or revoked if the individual: (A) Fails to maintain any professional license necessary for registration as a percolation tester or on-site soil evaluator; (B) Fails an audit or refuses to participate in an audit; (C) Fails to submit reports, submits false reports, or allows another individual to use his/her registration; (D) Is convicted of a violation of any provisions of sections 701.025 through 701.059, RSMo, or any rules promulgated under these statutes; (E) Has pled guilty or has been found guilty of an infraction, misdemeanor, or felony involving misrepresentation, fraud, or other crime relating to activities of percolation testing, soil morphology evaluations, installing, repairing, inspecting, or otherwise associated with an OWTS; (F) Directs or allows an unregistered individual to conduct a percolation test or soil morphology examination; (G) Directs or allows an unregistered individual to install an OWTS without direct supervision; or (H) Fails to comply with the standards of practice established by this rule. (12) The suspension or revocation of a percolation tester’s, on-site soil evaluator’s, or OWTS installer’s registration shall be served in writing by certified mail or personal service to the affected individual or his/her representative. The decision of the department may be appealed to the Administrative Hearing Commission as provided in Chapters 536 and 621, RSMo. (13) Any individual whose registration has been revoked may not reapply for registration for at least one (1) year from date of revocation, and must complete the department’s training requirements for registration described in sections (3) and (4) of this rule and complete the department’s registration process as described in section (5) of this rule. (14) An individual may be permanently barred from reapplying for registration if the individual: (A) Has pled guilty or has been found guilty of an infraction, misdemeanor, or felony involving misrepresentation, fraud, or other crime relating to activities associated with an OWTS; or (B) Has his/her registration revoked a second time within five (5) years. (15) No person without a valid registration may conduct any part of a percolation test or soil morphology evaluation for an OWTS, whether on their own or under supervision of a person with a valid registration. Persons conducting percolation tests or soil morphology evaluations without the required registration, or representing themselves as registered, are considered in violation of section 701.053, RSMo, which is a class A misdemeanor. (16) No person as defined in section 701.025, RSMo, may authorize, permit, or knowingly allow a percolation test or soil morphology evaluation for an OWTS by an unregistered individual or the installation of an OWTS by an unregistered individual other than the homeowner. AUTHORITY: section 701.033, RSMo Supp. 2008 and section 701.040, RSMo 2000.* Emergency rule filed April 17, 1995, terminated April 26, 1995. Original rule filed April 17, 1995, effective Dec. 30, 1995. Emergency amendment filed Sept. 2, 2004, effective Sept. 12, 2004, expired March 10, 2005. Rescinded and readopted: Filed Sept. 2, 2004, effective Feb. 28, 2005. Amended: Filed Oct. 22, 2008, effective May 30, 2009. *Original authority: 701.033, RSMo 1986, amended 1993, 1994, 1995, 2004 and 701.040, RSMo 1994.