Virginia Law

Chapter 40. Onsite Sewage System Professionals Licensing Regulations

Part I
Definitions

18VAC160-40-10. 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"

B. The following words, terms, and phrases when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Address of record" means the address designated by the licensee to receive notices and correspondence from the board.

"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 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 and alternative onsite sewage systems suitable for the soils.

"Applicant" means an individual who has submitted an application for licensure.

"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.

"CPE" means continuing professional education.

"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 conventional onsite sewage systems.

"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 Department of Professional and Occupational Regulation.

"DEQ" means the Department of Environmental Quality.

"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 of the Code of Virginia and this chapter.

"Interim license" refers to the initial issuance of professional licenses during the implementation of the onsite sewage system professionals licensure program. Such licenses were limited to four years and not renewable.

"Journeyman" means an individual who possesses the minimum skills and competency to install or maintain onsite sewage systems or assist in the evaluation of soil sites as suitable for conventional and alternative onsite sewage systems and to design onsite sewage systems, all while 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 is unlawful to practice without such license.

"Maintenance" or "maintain" means, unless otherwise provided in local ordinance, (i) performing adjustments to equipment and controls or (ii) in-kind replacement of normal wear and tear parts that do not require a construction permit for adjustment or replacement of the component, such as light bulbs, fuses, filters, pumps, motors, sewer lines, conveyance lines, distribution boxes, header lines, or other similar components. Maintenance includes pumping the tanks or cleaning the building sewer on a periodic basis. Notwithstanding any local ordinance, "maintenance" does not include replacement of tanks, drainfield piping, subsurface drainfields, or work requiring a construction permit and a licensed onsite sewage system installer. Unless otherwise prohibited by local ordinance, a conventional onsite sewage system installer or an alternative onsite sewage system installer may perform maintenance work limited to in-kind replacement of light bulbs, fuses, filters, pumps, sewer lines, conveyance lines, distribution boxes, and header lines.

"Master" means 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.

"Operate" means the act of (i) placing into or taking out of service a unit process 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 and maintenance.

"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 the profession in the 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 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 of residues or effluent resulting from such treatment.

"VDH" means the Virginia Department of Health.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 34, Issue 26, eff. September 19, 2018; Volume 42, Issue 7, eff. December 17, 2025.

Part II
Entry

18VAC160-40-20. Application procedures.

A. All applicants seeking licensure must submit an application with the appropriate fee in 18VAC160-40-40. Applications will be made on forms provided by the board or the board's agent.

1. By submitting the application form and fee to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.

2. 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 must be completed in accordance with the instructions contained in this section 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 24 months from approval of the application to pass the board-approved examination. Failure to pass the board-approved examination within 24 months of approval will result in the applicant being required to submit a new application to be considered for licensure.

D. The applicant must 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.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-30. General fee requirements.

All fees are nonrefundable and will not be prorated. The date on which the fee is received by the department or the department's agent will determine whether the fee is on time.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-40. Fee schedule.

Fees for an onsite sewage system professional license are as provided in this section.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 34, Issue 7, eff. January 1, 2018; Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-50. Examination fee.

The fees for all examinations are 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.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

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 must meet the requirements provided in this section.

B. The applicant must be at least 18 years old.

C. The applicant must provide an address, which will serve as the address of record. A post office box is only acceptable as the address of record when a physical address is also provided.

D. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information:

1. All felony convictions that occurred within 20 years of the date of application.

2. All misdemeanor convictions involving lying, cheating, or stealing that occurred within three years of the date of application.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

E. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board in its discretion may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

F. The applicant for licensure must be in compliance with the standards of conduct and practice set forth in Part IX (18VAC160-40-440 et seq.) of this chapter at the time of application, while the application is under review by the board, and at all times when the license is in effect.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 38, Issue 6, eff. December 8, 2021; Volume 42, Issue 7, eff. December 17, 2025.

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, engineering, environmental science, agronomy, earth science, environmental health, 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, onsite sewage system operator, or onsite soil evaluation training courses. Up to one training credit will be awarded for each 10 hours of classroom contact time or for each 20 hours of laboratory exercises and field trip contact time. Training credit will not be earned for breaks, meals, or receptions. A training credit awarded is equivalent to one month of experience.

B. Education used to meet the education requirements to qualify for licensure may not be substituted for experience.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-80. Examination procedures and conduct.

A. In those instances where an applicant is required to take an examination for licensure, the board will notify the applicant of the applicant's eligibility to take the applicable examination upon approval of the application.

B. An applicant who does not receive a passing score within 24 months 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. The applicant must follow all rules established by the board with regard to conduct at the examination. Such rules will include written instructions communicated prior to the examination date and instructions communicated at the site 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 will be grounds for denial of the application, voiding of examination scores, or any combination thereof.

D. A passing examination score received by an applicant is valid for a period of 10 years from the date of the examination.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025; Errata, 42:11 VA.R. XXXX January 12, 2026.

18VAC160-40-90. Individuals certified or licensed in another jurisdiction.

Any applicant holding an active, current license or certificate in another jurisdiction must meet the requirements of this chapter, including having equivalent experience and education. The applicant must pass the appropriate board-approved examination to become licensed in those instances where an examination for licensure is required.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-100. Full-time experience or equivalent.

For the purpose of this chapter, 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 experience if the applicant works less than full time.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-105. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; repealed, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Part III
Onsite Sewage System Installers

18VAC160-40-110. License required.

A. No individual may install a conventional or alternative onsite sewage system without a valid onsite sewage system installer license issued by the board in the appropriate class.

B. A journeyman onsite sewage system installer must work under the direct supervision of a licensed master onsite sewage system installer with the appropriate class of license. 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 the master onsite sewage system installer's direct supervision. A master alternative onsite sewage system installer licensee may supervise a journeyman conventional onsite sewage system installer licensee.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-115. Documented qualifying experience for onsite sewage system installers.

A. All qualifying experience submitted by an applicant in accordance with this part must be verified by one or more of the following:

1. Master conventional or alternative onsite soil evaluator;

2. Master conventional or alternative onsite sewage system installer;

3. Master conventional or alternative onsite sewage system operator;

4. Professional engineer;

5. VDH permitting or inspection official;

6. Professional geologist;

7. DEQ wastewater official; or

8. For experience gained outside of Virginia, an equivalent credential to these licenses.

B. Experience used to qualify for licensure cannot be verified by a journeyman onsite sewage system installer.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-120. Qualifications for journeyman conventional onsite sewage system installer licenses.

An applicant for licensure as a journeyman conventional onsite sewage system installer must furnish acceptable documentation that one of the following qualifications has been met:

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-130. Qualifications for master conventional onsite sewage system installer licenses.

An applicant for licensure as a master conventional onsite sewage system installer must furnish acceptable documentation that one of the following qualifications has been met:

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; Errata, 33:16 VA.R. 1944 April 3, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-140.  Qualification for exemption from examination for master conventional onsite sewage system installer applicants.

A. Applicants seeking licensure as a master conventional onsite sewage system installer may be exempt from the examination, provided that the applicant meets the requirements of 18VAC160-40-60 and provides documentation acceptable to the board of one of the following:

1. The applicant has completed a minimum of 40 hours of board-approved training and has been actively engaged in performing the duties of a conventional onsite sewage system installer for at least six years immediately preceding application; or

2. The applicant has been actively engaged in performing the duties of a conventional onsite sewage system installer for at least 10 years immediately preceding application.

B. Documentation of qualifying experience may be verified by a master conventional or alternative onsite soil evaluator, a master conventional or alternative onsite sewage system installer, a master conventional or alternative onsite sewage system operator, a professional engineer, an authorized onsite soil evaluator, VDH permitting or inspection official, professional geologist, DEQ wastewater official, or, for experience gained outside of Virginia, an equivalent credential to these licenses.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Reserved Virginia Register Volume 33, Issue 11, eff. April 1, 2017; derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-150. Qualifications for journeyman alternative onsite sewage system installer licenses.

An applicant for licensure as a journeyman alternative onsite sewage system installer must furnish acceptable documentation that one of the following qualifications has been met:

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-160. Qualifications for master alternative onsite sewage system installer licenses.

An applicant for licensure as a master alternative onsite sewage system installer must furnish acceptable documentation that one of the following qualifications has been met:

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Part IV
Onsite Sewage System Operators

18VAC160-40-170. License required.

A. No individual may operate or maintain a conventional or alternative onsite sewage system without a valid onsite sewage system operator license issued by the board in the appropriate class.

B. A journeyman onsite sewage system operator must work under the direct supervision of a licensed master onsite sewage system operator with the appropriate class of license. A master onsite sewage system operator is responsible for supervising the operation and maintenance of the onsite sewage system by any journeyman onsite sewage system operator under the master onsite sewage system operator's responsibility. A master alternative onsite sewage system operator licensee may supervise a journeyman conventional onsite sewage system operator licensee.

C. An alternative onsite sewage system that exceeds 10,000 gallons per day design flow must have operations and maintenance performed by either (i) an individual who is licensed as both an alternative onsite sewage system operator and a Class 4 or higher wastewater works operator or (ii) an individual who is licensed as an alternative onsite sewage system operator and an individual who is licensed as a Class 4 or higher wastewater works operator who are working together pursuant to an employment relationship, contract, or other written agreement.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-175. Documented qualifying experience for onsite sewage system operators.

A. All qualifying experience submitted by an applicant in accordance with this part must be verified by one or more of the following:

1. Master conventional or alternative onsite soil evaluator;

2. Master conventional or alternative onsite sewage system operator;

3. Master conventional or alternative onsite sewage system installer;

4. Professional engineer;

5. VDH permitting or inspection official;

6. Professional geologist;

7. DEQ wastewater official; or

8. For experience gained outside of Virginia, an equivalent credential to these licenses.

B. Experience used to qualify for licensure cannot be verified by a journeyman onsite sewage system operator.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-180. Qualifications for journeyman conventional onsite sewage system operator licenses.

An applicant for licensure as a journeyman conventional onsite sewage system operator must furnish acceptable documentation that the following qualification has been met:

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-190. Qualifications for master conventional onsite sewage system operator licenses.

An applicant for licensure as a master conventional onsite sewage system operator must furnish acceptable documentation that one of the following qualifications has been met:

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

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 the applicant has been actively engaged in performing the duties of a conventional onsite sewage system operator for at least four years immediately preceding application. Documentation of qualifying experience may be verified by a master conventional or alternative onsite soil evaluator, a master conventional or alternative onsite sewage system operator, a master conventional or alternative onsite sewage system installer, a professional engineer, an authorized onsite soil evaluator, a VDH permitting or inspection official, a professional geologist, a DEQ wastewater official, or, for experience gained outside of Virginia, an equivalent credential to these licenses; and

2. Meets the requirements of 18VAC160-40-60.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-210. Qualifications for journeyman alternative onsite sewage system operator licenses.

An applicant for licensure as a journeyman alternative onsite sewage operator must furnish acceptable documentation that one of the following qualifications has been met:

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-220. Qualifications for master alternative onsite sewage system operator licenses.

An applicant for licensure as a master alternative onsite sewage system operator must furnish acceptable documentation that one of the following has been met:

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Part V
Onsite Soil Evaluator

18VAC160-40-230. 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 may perform the duties of an onsite soil evaluator without possessing a valid license issued by the board.

B. A journeyman onsite soil evaluator must work under the direct supervision of a master onsite soil evaluator with the appropriate class of license. 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 the master onsite soil evaluator's responsibility.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-235. Documented qualifying experience for onsite soil evaluators.

A. All qualifying experience submitted by an applicant in accordance with this part must be verified by one or more of the following:

1. Master conventional or alternative onsite soil evaluator;

2. Master conventional or alternative onsite sewage system installer;

3. Master conventional or alternative onsite sewage system operator;

4. Professional engineer;

5. VDH permitting or inspection official;

6. Professional geologist;

7. DEQ wastewater official; or

8. For experience gained outside of Virginia, an equivalent credential to these licenses.

B. Experience used to qualify for licensure cannot be verified by a journeyman onsite soil evaluator.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-240. Qualifications for journeyman conventional onsite soil evaluator licenses.

An applicant for licensure as a journeyman conventional onsite soil evaluator must furnish acceptable documentation that one of the following has been met:

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-250. Qualifications for master conventional onsite soil evaluator licenses.

An applicant for licensure as a master conventional onsite soil evaluator must furnish acceptable documentation that one of the following qualifications has been met:

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-260. Qualifications for journeyman alternative onsite soil evaluator licenses.

An applicant for licensure as a journeyman alternative onsite soil evaluator must furnish acceptable documentation that one of the following qualifications has been met:

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; Errata, 33:15 VA.R. 1905 March 20, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-270. Qualifications for master alternative onsite soil evaluator licenses.

An applicant for licensure as a master alternative onsite soil evaluator must furnish acceptable documentation that one of the following qualifications has been met:

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-275. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; repealed, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

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 must submit an official transcript from the school where the applicable degree was obtained. Only a degree from an accredited college or university that is approved or accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, 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 will be considered to qualify in accordance with 18VAC160-40-250 and 18VAC160-40-270:

1. Bachelor's, master's, or associate's degree in soil science, biology, chemistry, engineering, engineering technology, environmental science, geology, agronomy, earth science, environmental health, wastewater works, or applied sciences.

2. 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 must 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.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Part VI
Renewal and Reinstatement

18VAC160-40-290.  Renewal required.

A license will expire two years from the last day of the month in which it was issued.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-295. Procedures for renewal.

A. Prior to the expiration date shown on the license, the board will send a renewal notice to the licensee's address of record.

B. Prior to the expiration date shown on the license, a licensee desiring to renew a license must return to the board a renewal notice and the applicable renewal fee specified in 18VAC160-40-40.

C. Failure to receive a renewal notice from the board does not relieve the licensee of the obligation to renew.

D. By submitting the renewal fee, the licensee is affirming that the continuing professional education requirements of 18VAC160-40-330 have been met and that the licensee is in continued compliance with this chapter.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-300. Reinstatement.

A. If all the requirements for renewal of the license as provided in 18VAC160-40-290 are not completed by the licensee within 30 days after the expiration date on the license, reinstatement of the license will be required.

B. A license may be reinstated for up to 24 months following the expiration date of the license upon submittal of the reinstatement application consisting of (i) payment of the reinstatement fee specified in 18VAC160-40-40 and (ii) proof of CPE in accordance with 18VAC160-40-330. After 24 months, the license will not be reinstated under any circumstances, and the individual must apply as a new applicant and meet entry requirements current at the time of submittal of the new application.

C. By submitting the reinstatement application, the individual is affirming that the individual is in continued compliance with this chapter.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-310. Status of license during period prior to reinstatement.

A. A licensee who reinstates a license will be regarded as having been continuously licensed without interruption. The licensee will remain under and be subject to the disciplinary authority of the board during the entire period.

B. 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 seq.) of Title 54.1 of the Code of Virginia.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

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. The licensee has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. The board may deny renewal or reinstatement of a licensee if the licensee has been subject to a disciplinary proceeding by the board 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.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Part VII
Continuing Professional Education

18VAC160-40-330. Continuing professional education.

A. Each licensee must complete 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.

B. The licensee may request additional time to meet the CPE requirement. However, CPE courses completed during a current license renewal cycle to satisfy the CPE requirements of the preceding licensing renewal cycle will be valid only for that preceding license renewal cycle and will not be accepted for subsequent renewal cycles. The grant of any request for additional time to meet the CPE requirement is at the discretion of the board.

C. The licensee will not receive credit for completing the same CPE course with the same content more than once during a license renewal cycle.

D. A licensee may receive CPE credit for teaching a course that otherwise meets the requirements of this chapter; however, additional credit will not be given for subsequent offering of a course or activity with the same content within the same renewal cycle. In addition, a licensee may receive two hours of CPE no more than once during a single renewal cycle for the initial development or substantial updating of a CPE course.

E. For all licenses, safety subjects will not count for more than one-fourth of the total required CPE hours.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; Errata, 33:13 VA.R. 1821 February 20, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-340. CPE subject matter for onsite sewage system installers.

The following course topics will be accepted for CPE credit for onsite sewage system installers:

1. Sewage system installation;

2. Operating and maintaining equipment;

3. Security and safety procedures;

4. General science, mathematical, and electrical principles;

5. Administrative knowledge and procedures applicable to the profession;

6. Laws and regulations applicable to the profession; and

7. Monitoring, evaluating and adjusting treatment processes (alternative onsite sewage system installers only).

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-350. CPE subject matter for onsite sewage system operators.

The following course topics will be accepted for CPE 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, mathematical, and electrical principles;

6. Administrative knowledge applicable to the profession; and

7. Laws and regulations applicable to the profession.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-360. CPE subject matter for onsite soil evaluators.

The following course topics will be accepted for CPE credit for onsite soil evaluators:

1. Site and soil evaluations;

2. Security and safety procedures;

3. Mapping, cartography, and geographic information systems;

4. System design;

5. Inspections;

6. General science and mathematical principles;

7. Administrative knowledge and procedures applicable to the profession; and

8. Laws and regulations applicable to the profession.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-365. CPE courses on management and supervision principles.

In addition to the topics provided in 18VAC160-40-340, 18VAC160-40-350, and 18VAC160-40-360, a master licensee may receive a maximum of four contact hours of CPE credit for completion of training in management and supervision principles.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

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, will also be acceptable on an hour-for-hour basis for CPE contact hours. One semester hour of college credit will equal 15 CPE contact hours, and one-quarter hour of college credit will equal 10 CPE contact hours. The training credits or formal education must be applicable to the license for which CPE credit is sought.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-380. Maintenance of CPE.

A. Each licensee must maintain evidence of the satisfactory completion of CPE for a period of at least two years following the end of the license renewal cycle for which the CPE was taken. Such documentation must be provided to the board or its duly authorized agents upon request. The following will be maintained to document completion of the required CPE:

1. Evidence of completion that contains 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 CPE contact 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 must provide the necessary documentation stipulated in this section.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-385. Training courses, generally.

In accordance with 18VAC160-40-70 A 2, training courses approved by the board may be substituted for experience. All training courses must be approved by the board in accordance with the provisions of this part. Training courses may be delivered in person or using distance, virtual, or online education technology. Training courses may be approved retroactively; however, no applicant will receive credit for the training course until such approval is granted by the board. Training courses that meet the requirements of 18VAC160-40-430 may be accepted for substitution of experience without approval by the board.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Part VIII
Training Course Approval

18VAC160-40-390. Approval of training courses.

A training provider seeking approval of a training course must submit an application for training course approval on a form provided by the board. The application must include:

1. The name of the training provider;

2. Provider contact person, address, and contact information;

3. Training course title;

4. Identification of the profession, category, and class of license to which the course is applicable;

5. Method of delivery;

6. Detailed course schedule, including begin and end times, and a list of planned breaks;

7. Instructor qualifications, including name, license number, if applicable, and a list of trade-appropriate designations, as well as a professional resume with a summary of teaching experience and subject matter knowledge and qualifications acceptable to the board;

8. Training course syllabus or outline;

9. Materials to be provided to participants; and

10. A description of the means that will be used to assess the learning of each participant to determine successful completion of the training course, such as examinations, projects, personal evaluations by the instructor, or other recognized evaluation techniques.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; Errata, 33:15 VA.R. 1905 March 20, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-400. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; repealed, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-410. Maintenance of  records.

All providers of approved training courses must establish and maintain a record for each participant. The record must include the participant's name and address, the course name and hours attended, the course syllabus or outline, the names of the instructors, the date of successful completion, and the board's approved training course identification number. Records must be available for inspection during normal business hours by authorized representatives of the board. Providers must maintain these records for a minimum of five years.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-415. Reporting of changes.

Any change in the information provided in 18VAC160-40-390 must be reported to the board within 90 days of the change. Any change in information submitted will be reviewed to ensure compliance with the provisions of this chapter.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-420. Withdrawal of approval.

The board may withdraw approval of a training course for the following reasons:

1. The course being offered no longer meets 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, contact person, or designee of the provider falsifies any information relating to the application for approval, course information, or participant records.

4. The training course provider fails to provide the participant with documentation of course completion showing the hours completed, the date of training, and the training course identification number assigned by the board.

5. There is a change in the information regarding the training course, if the change results in noncompliance with this part.

6. The provider fails to comply with 18VAC160-40-415.

7. The provider fails to respond to the board or any of its agents.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-425. Board authority to audit approved training courses.

The board may conduct an audit of any board-approved training course provider to ensure continued compliance with this chapter.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-430.  Acceptance of training courses offered by certain entities.

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 of the Southern Association of Colleges and Schools; (iii) a regional or national accreditation association; or (iv) an accrediting agency that is recognized by the U.S. Secretary of Education will be accepted 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.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Part IX
Standards of Practice and Conduct

18VAC160-40-440. Grounds for disciplinary action.

The board may impose a monetary penalty in accordance in § 54.1-202 A of the Code of Virginia; revoke, suspend, or refuse to renew any license; or place a licensee on probation in accordance with § 54.1-201 A 7 of the Code of Virginia 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.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-450. Maintenance of license.

A. No license issued by the board may be assigned or otherwise transferred.

B. A licensee must report to the board, in writing, any change of the following:

1. The licensee's legal name. Such report must be accompanied by documentation acceptable to the board that verifies the name change.

2. The licensee's address, to include the physical address when applicable.

C. A change in name or address must be reported to the board within 60 days of the change. The board is not responsible for the licensee's failure to receive notices, communications, or correspondence caused by the licensee's failure to report to the board any change of address.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-460. Notice of adverse action.

A. A licensee must 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 any reprimand, revocation, suspension or denial of a license, certificate, or registration, imposition of a monetary penalty, requirement to take remedial education, or other corrective action.

2. Any voluntary surrendering of a license, certificate, or registration done in connection with a disciplinary action taken by any jurisdiction, board, or administrative body.

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, except marijuana convictions, or of any felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.

B. The notice must be given to the board, in writing, within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 38, Issue 6, eff. December 8, 2021; Volume 42, Issue 7, eff. December 17, 2025.

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.), 3 (§ 54.1-300 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. Obtaining or attempting to obtain a license by false or fraudulent representation, or maintaining, renewing, or reinstating a license by false or fraudulent representation.

3. Failure to report a change pursuant to 18VAC160-40-450.

4. A licensee having been convicted or found guilty in any jurisdiction or having been disciplined by any jurisdiction, board, or administrative body in any jurisdiction of any offense or violation enumerated in 18VAC160-40-460. Review of convictions will 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 in any jurisdiction or disciplined by any jurisdiction, board, or administrative body of any offense or violation enumerated in 18VAC160-40-460.

6. Failure to comply with the requirements of 18VAC160-40-480.

7. Actions constituting negligence, misconduct, or incompetence in the practice of the profession, including:

a. Having undertaken to perform or performed a professional assignment that the licensee is not qualified to perform by education, experience, training, or appropriate class or category of licensure.

b. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.

c. Failure to adequately supervise and review work performed by unlicensed employees or journeyman licensees under the direct supervision of a master licensee.

d. 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.

e. Failure to act when providing professional services in a manner that safeguards the interests of the public.

8. Actions constituting engaging in improper, fraudulent, or dishonest conduct, including:

a. Making any misrepresentation or engaging in acts of fraud or deceit in advertising, soliciting, or in providing professional services.

b. Knowingly signing plans, drawings, reports, specifications, maps, or other documents related to an onsite sewage system that are not prepared or reviewed and approved by the licensee.

c. Knowingly misrepresenting factual information when expressing a professional opinion.

d. Allowing a license issued by the board to be used by another.

9. Failure to comply with the requirements of 18VAC160-40-500.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-480. Conflicts of interest.

The licensee must:

1. Promptly and fully inform an employer or client of any interest, circumstance, or business association 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, unless the circumstances are fully disclosed to and agreed to by all interested parties in writing.

4. Not solicit or accept gratuities, directly or indirectly, from contractors, contractor agents, or other parties dealing with a client or employer in connection with work for which the licensee is responsible, unless the circumstances are fully disclosed to and agreed to by all interested parties in writing.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

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 must inform the employer and client, as applicable, of the possible consequences and notify appropriate authorities.

B. The licensee must sign, date, and include the licensee's license number on all final work products prepared or reviewed and approved by the licensee. For work products performed by a journeyman licensee, the master licensee providing direct supervision shall sign, date, and include the licensee's license number, along with the journeyman's signature, date, and license number on the final work product. A journeyman licensee will not submit a work project as final without the applicable master licensee's signature, date, and license number.

C. The licensee will 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.

D. 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 must immediately inform the board in writing and shall cooperate in furnishing any further information or assistance that may be required.

E. Except as provided in subsection F of this section, a licensee will 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.

F. 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 E of this section or this subsection may certify that work only after a thorough review of the evaluation, design, drawings or work and after the licensee determines that the licensee is willing to assume full responsibility for all design, drawings, or work on which the licensee relies for the licensee's opinion.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

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 the board's agents regarding any complaint filed with the department.

B. Unless otherwise specified by the board, a licensee of the board must produce to the board or any of the board's 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 will 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 the board's agent within 21 days.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

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 must be under the direct supervision of the master. Such master and journeyman must have an employment or written contractual relationship.

B. Each master must maintain documentation of the employment or contractual relationship with each journeyman under the master's direct supervision. Such documentation must be kept for a minimum of five years and must include, at a minimum, the beginning and ending dates of the employment or contractual relationship.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-515. Licensee responsible for regulated activities performed on site.

A. For the installation of onsite sewage systems, the decision-maker and the individual executing the installation of approved permits must be licensed as a journeyman or master onsite sewage system installer in the appropriate class of license. In addition, a journeyman or master onsite sewage system installer in the appropriate class of license must be on site.

B. For operation and maintenance of onsite sewage systems, the decision-maker must be licensed as a journeyman or master onsite sewage system operator in the appropriate class of license. In addition, a journeyman or master onsite sewage system operator in the appropriate class of license must be on site where regulated activities are being performed.

C. For soil evaluation and design, the decision-maker must be licensed as a journeyman or master onsite soil evaluator in the appropriate class of license. In addition, a journeyman or master onsite soil evaluator in the appropriate class of license must be on site where regulated activities are being performed.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-520. Pumping of alternative onsite sewage systems by conventional onsite sewage system operators.

A conventional onsite sewage system operator with the appropriate sewage handling permit issued by VDH or a local independent health department may pump an alternative onsite sewage system without the alternative onsite sewage system operator present, provided that the conventional onsite sewage system operator performs the pumping at the request and direction of the alternative onsite sewage system operator. The conventional onsite sewage system operator is only permitted to pump the tank and is not authorized to perform any other functions associated with the operation and maintenance of the alternative onsite sewage system.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Forms (18VAC160-40)

Conventional Onsite Soil Evaluator License Application, A465-1940CONLIC-v3 (eff. 12/2025)

Alternative Onsite Soil Evaluator License Application, A465-1940ALTLIC-v3 (eff. 12/2025)

Onsite Soil Evaluator Experience Verification Application, A436-1940EXP-v2 (eff. 12/2025)

Conventional Onsite Sewage System Installer License Application, A465-1944CONLIC-v3 (eff. 12/2025)

Alternative Onsite Sewage System Installer License Application, A465-1944ALTLIC-v3 (eff. 12/2025)

Conventional Onsite Sewage System Operator License Application, A465-1942CONLIC-v3 (eff. 12/2025)

Alternative Onsite Sewage System Operator License Application, A465-1942ALTLIC-v4 (eff. 12/2025)

Waiver of Examination - Master Conventional Onsite Sewage System Operator License Application, A436-1942WAIV-v4 (eff. 12/2025)

Onsite Sewage System Operator/Installer Experience Verification Application, A436-1942_44EXP-v2 (eff. 12/2025)

Continuing Professional Education (CPE) Application - Certificate of Completion, A436-19CPE-v3 (eff. 10/2015)

Training Course Approval Application, A465-19CRS-v6 (eff. 12/2025)

Education and Training Substitution Form, A436-19EDTRv4 (eff. 4/2017)

Waiver of Examination - Master Conventional Onsite Sewage System Installer License Application, A436-1944WAIV-v4 (eff. 12/2025)

Onsite Soil Evaluator - Universal License Recognition (ULR) Application, A436-1940EVAL_ULR-v2 (eff. 12/2025)

Onsite Sewage System Operator - Universal License Recognition (ULR) Application, A436-1942OPR_ULR-v3 (eff. 12/2025)

Onsite Sewage System Installer - Universal License Recognition (ULR) Application, A436-1944INSTL_ULR-v3 (eff. 12/2025) ]