7 Del. Admin. Code § 7101-4.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 7101-4.0 - Licenses

4.1 The Department shall administer a program for the licensing of percolation testers, system designers, soil scientists/site evaluators, system contractors, liquid waste haulers, system inspectors and construction inspectors. The licensing program shall provide the issuance of licenses as follows;

4.1.1 Class A - Percolation Tester: The Class A license authorizes the performance of percolation tests and other types of infiltrometer testing.

4.1.2 Class B - Designer: The Class B license authorizes the design of conventional on site wastewater treatment and disposal systems which utilize gravity distribution systems for seepage beds and seepage trenches and lift stations as provided for in these Regulations.

4.1.3 Class C - Designer: The Class C license authorizes the design of conventional and innovative/alternative on site wastewater treatment and disposal systems and all pressure distribution systems.

4.1.4 Class D - Soil Scientist/Site Evaluator: The Class D license authorizes the performance of individual soil evaluations, soil investigation reports, soil feasibility studies, percolation and/or permeability tests or hydraulic conductivity tests.

4.1.5 Class E - System Contractor: The Class E license authorizes the construction, repair and installation of on-site wastewater treatment and disposal systems.

4.1.6 Class F - Liquid Waste Hauler: The Class F license authorizes the removal, transportation or disposal of the solid and liquid contents of septic tanks, cesspools, grease traps, seepage pits, holding tanks, portable toilets or other wastewater treatment or disposal facilities as specified and required under these Regulations.

4.1.7 Class H - System Inspector: The Class H license authorizes the inspection, investigation and data collection to make determinations regarding the present operational condition of on-site wastewater treatment and disposal systems.

4.1.8 Class I - Construction Inspector: The Class I license authorizes the inspection of all new, replacement and repairs of small gravity on-site wastewater treatment and disposal systems, gravity on-site system component replacements and cover inspections for above grade gravity on-site wastewater treatment and disposal systems.

4.2 It shall be necessary to have the Class A, Class B, Class C, Class D, Class E, Class F, Class H and/or Class I licenses in order to engage in the specified activities under Section 4.1 of these Regulations.

4.3 Any person seeking a license under this Section shall submit a complete application to the Department, on a standard form provided by the Department, references and pay the non-refundable application fee.

4.4 On-Site System Advisory Board (Board) approval to take an exam is valid for six (6) months from the date of the approval. If the applicant has not taken the exam within that time frame, they must re-apply with a new application, references and fee.

4.5 All applicants for a Class A, B, C, D, E, F, H or I license will be required to pass an examination prepared and administered by the Department to test the competency and knowledge of the applicant regarding pertinent subject matter and the application and use of these Regulations.

4.6 In the event an applicant fails to receive a passing grade on the examination, he/she shall be so notified by the Board within 30 days. The applicant may re-apply for a subsequent examination only after completion of a training course approved by the Board. The examination may be taken no more than twice in a 12 month time period.

4.7 With respect to Class C licenses the following shall constitute the Department's requirements:

4.7.1 Registration as a Professional Engineer with the Delaware Association of Professional Engineers; and

4.7.2 A complete qualifications statement on approved Department forms which verifies the individual's knowledge and competency in the field of on site wastewater treatment and disposal system engineering and design; and

4.7.3 Pass an examination prepared and administered by the Department.

4.8 With respect to Class D licenses the following shall constitute the Department's requirements for each tiered classification.

4.8.1 Class D.1 is licensed to perform individual site evaluations for both new construction and replacement systems. To qualify for a Class D.1 an individual must have:

4.8.1.1 A completed qualifications statement on approved Department forms which verifies the individual's knowledge and competency in the fields of soil science/classification and site evaluations for on-site wastewater treatment and disposal systems; and one of the following (4.8.1.2, 4.8.1.3 or 4.8.1.4)

4.8.1.2 Six (6) years of professional experience in soil classification, mapping and interpretation under the supervision of a ARCPACS Certified Professional Soil Scientist or Class D Soil Scientist and nine (9) semester hours in soil science and six (6) semester hours in geological sciences from accredited college or university; or

4.8.1.3 Four (4) years of professional experience in soil classification, mapping and interpretation under the supervision of a ARCPACS Certified Professional Soil Scientist or Class D Soil Scientist and an undergraduate degree from an accredited college or university with nine (9) semester hours in soil science and six (6) semester hours in geological sciences; or

4.8.1.4 Two (2) years of professional experience in soil classification, mapping and interpretation under the supervision of a ARCPACS Certified Professional Soil Scientist or Class D Soil Scientist and a graduate degree from an accredited college or university with 30 semester hours in biological, physical and earth sciences and 15 semester hours in soil science; and

4.8.1.5 Pass a written examination administered by the Department to test the competency and knowledge of the applicant regarding site evaluations and pertinent information contained within the regulations as it relates to siting OWTDS; and one of the following (4.8.1.6 or 4.8.1.7)

4.8.1.6 Registration as a Professional Soil Scientist with the Federation of Certifying Boards in Agriculture, Biology, Earth and Environmental Sciences (ARCPACS) with demonstrated competence with coastal plain soils; or

4.8.1.7 Pass a field practicum prepared and administered by the Site Interpretations Advisory Council and/or the soil scientists on the Board. The field practicum shall assess whether competency exists for evaluating soils specific to Delaware.

4.8.2 Class D.2 is licensed to perform individual site evaluations for new and replacement systems, soil feasibility studies, and soils reconnaissance investigations. To qualify for a Class D.2 an individual must have:

4.8.2.1 Four (4) years of full-time experience as a Class D.1 or two (2) years of experience as a Class D.1 and certification as a Certified Professional Soil Scientist as outlined in Section 4.8.1.6.

4.8.2.2 A completed qualifications statement on approved Department forms which verifies the individual's experience as a Class D.1 and/or professional certification.

4.8.3 Class D.3 is licensed to perform all soils work licensed under Sections 4.8.1 and 4.8.2 plus detailed soil investigation reports (SIR) associated with LOWTDS. To qualify for a Class D.3 an individual must have:

4.8.3.1 Two (2) years of full-time experience as a Class D.2 and certification as a Certified Professional Soil Scientist.

4.8.3.2 A completed qualifications statement on approved Department forms which verifies the individual's experience as a Class D.2 and/or professional certification.

4.8.4 To progress from one tier to the next tier the Class D licensee must:

4.8.4.1 Have served the required amount of time within the previous tier as specified in 4.8.2.1 or 4.8.3.1.

4.8.4.2 Have obtained the required certifications as specified in 4.8.2.1 or 4.8.3.1.

4.8.4.3 Complete a qualifications statement on approved Department forms which verifies the individuals experience at the current tier and request for consideration for approval to go to the next tier.

4.9 With respect to Class E licenses the following shall constitute the Department's requirements for each tiered classification:

4.9.1 E.1 is licensed to install all conventional on-site wastewater treatment and disposal systems outlined in these Regulations. To qualify for a Class E.1 an individual must have:

4.9.1.1 A completed qualifications statement, on approved Department forms, which verifies the individual's knowledge and competency of the application and requirements of these Regulations.

4.9.1.2 A minimum of two (2) years of experience under the guidance of an experienced supervisor in the construction of on-site wastewater treatment and disposal systems or Class E system contractor. For purposes of these regulations, two (2) years of experience shall be interpreted as full-time employment for a period consisting of two (2) years with proof in writing, from a currently licensed Class E system contractor or experienced supervisor.

4.9.1.3 Proof of attendance at training class/certification in basic electricity; and

4.9.1.4 Passed a written examination administered by the Department to test the knowledge and competency of these regulations. Upon passing the written examination the applicant may be awarded a Class E.1 license.

4.9.1.5 The first six (6) installations must be supervised by the Department.

4.9.2 Class E.2 is licensed to install any conventional OWTDS plus Innovative/Alternative systems. To qualify for a Class E.2 an individual must:

4.9.2.1 Have one (1) year of full time experience installing conventional OWTDS (as a Class E.1).

4.9.2.2 Completion of a qualifications statement on approved Department forms.

4.9.2.3 All installations of Innovative/Alternative systems must be under the supervision of the respective manufacturer representative until such time that a written certification has been obtained from the manufacturer representative and submitted to the Department.

4.9.3 Class E.3 is licensed to install any system subject to permitting under these Regulations including conventional OWTDS, Innovative/Alternative OWTDS, and large systems, excluding RIBs and spray irrigation. To qualify for a Class E.3 an individual must:

4.9.3.1 Meet all licensing requirements of the E.1 and E.2.

4.9.3.2 Have three (3) years of full time experience as a Class E.2 in the on-site industry installing on-site wastewater treatment and disposal systems and meeting manufacturer's certification for proper installation of the system type.

4.9.3.3 Completion of a qualifications statement on approved Department forms.

4.9.4 Class E.4 is licensed to install RIBs and spray irrigation systems only. To qualify for the Class E.4 an individual must:

4.9.4.1 Have three (3) years of experience installing these types of systems.

4.9.4.2 Completion of a qualifications statement on approved Department forms.

4.9.4.3 Present an overview of project construction review procedures including the roles of the design engineer, owner and any third party construction review organizations. The Department will utilize this overview as the written examination.

4.9.5 To progress from one tier to the next tier, except the E.4, the Class E licensee must:

4.9.5.1 Have served the required amount of time within the previous tier as specified in 4.9.2.1 or 4.9.3.2.

4.9.5.2 Complete a qualifications statement on approved Department forms which verifies the individuals experience at the current tier and request for consideration for approval to go to the next tier.

4.10 With respect to Class H licenses the following shall constitute the Department's requirements:

4.10.1 A completed qualifications statement, on approved Department forms, which verifies the individual's knowledge and competency.

4.10.2 Furnish certification of training completed under the National Association of Waste Transporters (NAWT) certification, Pennsylvania Septage Management Association (PSMA) certification, Delaware Technical & Community College certification program, or as approved by the Board.

4.10.3 Pass a written examination administered by the Department to test the knowledge and competency of the Regulations.

4.10.4 The first three (3) inspections must be supervised by the Department.

4.11 With respect to Class I licenses the following shall constitute the Department's requirements:

4.11.1 A completed qualifications statement, on approved Department forms, which verifies the individual's knowledge and competency of the requirements of these Regulations.

4.11.2 Possess, with a minimum of three (3) years of experience, either a Class B or C license.

4.11.3 Furnish certification of required training completed under the Delaware Technical & Community College training program or as approved by the Board.

4.11.4 Not inspect any system which the licensee has installed as a Class E system contractor or any Class E system contractor working within the same company as the Class I construction inspector.

4.11.5 The I license will become effective two (2) calendar years from date of promulgation of these regulations.

4.12 Responsibilities of Licensees

4.12.1 All Class B & C licensee's must visit the site to verify site conditions as reported in the site evaluation prior to permit application completion and submittal.

4.12.2 All Class C licensed designers will perform all inspections, to include final cover inspections, on every system they design throughout the systems construction. All construction inspections of on-site wastewater treatment and disposal systems shall be submitted to the Department on forms approved by the Department. These forms shall be submitted to the Department within 72 hours of inspection completion.

4.12.3 All Class D licensed soil scientists/site evaluators:

4.12.3.1 The Department may require the Class D soil scientist/site evaluator to notify the Department orally or in writing at least 36 hours, excluding Saturdays, Sundays and state holidays, prior to conducting the site evaluation.

4.12.3.2 All soil borings must extend to a depth of 72 inches or to the limiting zone if it occurs between 60 inches and 72 inches.

4.12.4 All Class A, B, C, D, E, F, H and I licensees are responsible for correct and complete information submitted to the Department as it pertains to current Regulations.

4.12.5 All Class E licensed system contractors shall:

4.12.5.1 Initiate work only on systems for which a construction permit has been granted.

4.12.5.2 Comply with all applicable regulations and requirements.

4.12.5.3 Be responsible for the work carried out by their employees and on site during all system inspections.

4.12.5.4 Submit to the Department within 10 days of completion of a system, a Construction Report on forms provided by the Department, signed by the licensed Class E system contractor.

4.12.5.5 Notify the Department 24 hours prior to construction start up to receive an authorization number. This authorization number will expire after 14 calendar days. Upon issuance of Class E license, system contractors must notify the Department 48 hours prior to initial six (6) construction start ups to receive an authorization number.

4.12.5.6 Be the sole contact person to the Department regarding inspection call-ins, consequential changes or problems. An individual employed by the licensee may be the contact person for inspection call-ins provided that person has been designated as a contact person in writing to the Department by the licensee.

4.12.6 Class F licensed liquid waste haulers

4.12.6.1 General Requirements

4.12.6.1.1 All Class F licensees shall:

4.12.6.1.1.1 Operate under a valid State of Delaware Non-Hazardous Liquid Waste Transporters Permit (see Section 5.3.32).

4.12.6.1.1.2 Be knowledgeable of the Non-Hazardous Liquid Transporters Permittee's Plan for the Prevention, Control and Clean-up of Accidental Discharges. A copy of the Plan is to be maintained on file with the Department.

4.12.6.1.1.3 Operate under a $5,000 performance bond, or other form of security, is maintained on file with the Department for the duration of licensing.

4.12.6.1.1.4 Keep a copy of their Class F license identification card available for verification while performing any Class F license related work.

4.12.6.1.1.5 Enter into a "Sewage Holding Tank Maintenance Contract" with the property owner prior to pumping out holding tanks. A copy of the contract document must be submitted to the Department within 15 days of signing the contract.

4.12.6.1.1.6 Enter into a "Grease Trap Maintenance Contract" with the property owner prior to pumping out grease traps. A copy of the contract document must be submitted to the Department within 15 days of signing the contract. Class F licensees may not enter into a "Grease Trap Maintenance Contract" unless the Class F licensee has an approved facility to dispose of grease trap waste identified in the Non-Hazardous Liquid Waste Transporters Permit that he/she is operating under.

4.12.6.1.1.7 Not co-mingle septage and grease trap waste, unless specifically approved, in writing, by the facility(ies) that will be receiving the grease trap waste.

4.12.6.2 Safety

4.12.6.2.1 At all times, the technician's personal safety, as well as protection of the environment and the customer's property, shall receive the highest priority.

4.12.6.2.2 Generally, septic tanks should not be entered because they are a hazardous environment. If entry is required, appropriate confined space entry procedures consistent with OSHA requirements should be employed.

4.12.6.3 Accessing Tanks

4.12.6.3.1 Class F licensees are prohibited from pumping out a septic tank, cesspool, seepage pit, holding tank, or grease trap through inspection ports, clean outs, wyes, or other orifices not specifically designed for tank pump-outs.

4.12.6.3.2 Septic tanks shall only be pumped from/through the appropriate manhole/access port of each tank or tank compartment.

4.12.6.3.3 If the customer insists upon the tank being cleaned through any opening other than the access manhole, the Class F licensee must obtain a waiver and the customer must sign the waiver acknowledging the fact that he/she has been informed of the proper procedure and the reasons associated with the procedure. A copy of the waiver must be submitted to the Groundwater Discharges Section, 89 Kings Highway, Dover, DE 19901 within 30 days.

4.12.6.3.4 No liquids or solids are to be discharged into/through the outlet pipe.

4.12.6.4 Septic Tank Cleaning

4.12.6.4.1 The liquid, solid, and semi-solid material in a septic tank shall be removed by a vacuum or centrifugal pump fitted with a hose that delivers the material to a truck-mounted, sealed tank.

4.12.6.4.2 Cleaning procedures shall include agitating all solids, but only after lowering the liquid level to 12 inches below the outlet. This is necessary to ensure no solids are allowed to escape the treatment tank. Agitation methods vary, and may include alternate pumping and back flushing, forcing air into the tank, or mechanical stirring.

4.12.6.4.3 When back flushing or injecting air, care shall be taken not to fill/refill the tank to a level greater than 12 inches below the elevation of the outlet pipe.

4.12.6.4.4 When pumping out a septic tank, cesspool, dosing chamber, or seepage pit, the entire contents of all compartments of the tank(s) shall be removed, including all solids, scum, and liquids.

4.12.6.4.5 Class F licensees shall inspect the dosing chamber of any engineered on-site system being pumped out. If solids are evident in the dosing chamber, the Class F licensee shall pump the dosing chamber.

4.12.6.5 Standard Services

4.12.6.5.1 Every septic tank pump-out shall include a visual inspection of the interior of the tank. The inspection shall include a determination regarding the presence of baffles and their condition, as well as the physical condition of the treatment tank.

4.12.6.5.2 Observations of any unusual conditions such as high or low liquid level, run-back from the absorption facility, defective or broken components, lush vegetation and/or sewage overflows shall be reported to the customer.

4.12.6.5.3 During system maintenance it is advisable to observe sewage flows from the building into the tank. Corrective action for any observed obstructions should be recommended.

4.12.6.5.4 Any unsatisfactory conditions shall be noted on the sales slip or receipt.

4.12.6.5.5 Operating OWTDS' should be pumped out at least once every three (3) years. This recommended maintenance frequency should be communicated to the customer at the time of service.

4.12.6.5.6 Any existing observation ports should be capped off.

4.12.6.5.7 Class F licensees may only repair, add or replace septic tank and/or holding tank risers, baffles, lids, distribution box lids and effluent filters.

4.12.6.6 Additives

The use of additives in OWTDS' is prohibited.

4.12.6.7 Reports

The Class F licensee shall submit quarterly reports documenting the location, the 911 mailing address, and amount of septage removed in total gallons. This requirement becomes effective one (1) year after promulgation of these Regulations.

4.12.6.8 Transportation of source separated materials as defined in Section 3.0 of the Regulations Governing Solid Waste, for reuse or recycling, does not require a Non-Hazardous Liquid Waste Haulers Permit, only if the material remains separated throughout the transport routes and are not recombined.

4.12.7 Class H licensed system inspectors

4.12.7.1 All inspections of on-site wastewater treatment and disposal systems shall be submitted to the Department on forms approved by the Department (see Exhibit A). These forms shall be submitted within 72 hours of inspection completion.

4.12.7.2 The Department may require any Class H system inspector to notify the Department orally or in writing at least 48 hours, excluding Saturdays, Sundays and state holidays, prior to conducting a system inspection.

4.12.7.3 All Class H licensed system inspectors shall:

4.12.7.3.1 Comply with all applicable regulations and requirements.

4.12.7.3.2 Be responsible for the work carried out by their employees and on-site during all inspections.

4.12.7.3.3 Ensure all wastewater and septage is removed from the appropriate tanks by a Class F liquid waste hauler in accordance with the regulations.

4.12.7.3.4 Repair, add or replace septic tank and/or holding tank risers, baffles, lids, distribution box lids and effluent filters.

4.12.7.3.5 Notify the Department, when newly licensed, at least 48 hours prior to the initial three (3) system inspections performed.

4.12.7.3.6 Submit additional information and/or paperwork as required by the Department to satisfy these Regulations.

4.12.8 Class I licensed construction inspectors

4.12.8.1 All construction inspections of on-site wastewater treatment and disposal systems shall be submitted to the Department on forms approved by the Department. These forms shall be submitted to the Department within 72 hours of inspection completion.

4.12.8.2 All Class I licensed construction inspectors shall:

4.12.8.2.1 Comply with all applicable regulations, requirements and guidelines.

4.12.8.2.2 Be responsible for the work carried out by their employees and be on-site during all inspections.

4.12.8.2.3 Notify the Department orally or in writing at least 24 hours, excluding Saturdays, Sundays and state holidays, prior to conducting a construction inspection.

4.12.8.2.4 Notify the Department at least 36 hours prior to the initial six (6) system inspections for newly licensed construction inspectors.

4.12.8.3 The Department may require any Class I system inspector to notify the Department orally or in writing at least 36 hours, excluding Saturdays, Sundays and state holidays, prior to conducting a system inspection.

4.12.9 Any person who engages in the practice of professional engineering or professional geology in the specified activities under this Section shall be duly registered in conformance with the requirements of the laws of the State of Delaware.

4.13 The Department may issue temporary Class A, B, or E licenses to property owners who wish to conduct their own percolation testing, gravity system design, or system installation on their own property and for their own use. Certification of the intended use will be required. The applicant shall submit an application on Department forms along with any required fee and shall demonstrate their competency in those fields by successfully completing a test conducted by the Department. The term of the temporary Class A, B, or E license shall expire upon permit expiration. There will not be a temporary Class E license granted for innovative/alternative system installations.

4.14 In exercising exclusive licensing authority under this Section, the Department shall seek the views of the On-Site Systems Advisory Board (Board) regarding licensing matters. The Board shall consist of 10 members designated at the discretion of the Secretary. The Board shall, if possible, be comprised as follows: one (1) member who is a Class B designer, one (1) member who is a Class C designer (Professional Engineer), one (1) member who is a Professional Geologist, one (1) member who is a representative of the USDA, one (1) member who is a Class D soil scientist, one (1) member who is a Class E system contractor, one (1) member who is a Class F liquid waste hauler, one (1) member who is a Class H system inspector, one (1) member who is a Class I construction inspector and one (1) member representing of the Department. Effective with the promulgation of this amended Regulation, the current Board members, with their designated term expiration dates, shall be posted on the DNREC web site. No later than 60 days prior to the term expiration date of any Board member (except for the representative of the Department), notice of such term expiration shall be published in a daily newspaper of general circulation throughout the State and on the DNREC web site. Any person desiring to serve on the Board shall submit a written request to the Secretary. The Secretary shall review all submissions and select the best qualified candidate(s), publishing each selection on the DNREC web site. If no one expresses an interest in the potential vacant position the Secretary may, at his/her discretion, re-designate the incumbent to serve another three (3) year term, or make a direct appointment to the Board. The Board shall advise the Department on matters relating to issuance of Class A, Class B, Class C, Class D, Class E, Class F, Class H and Class I licenses.

4.14.1 The applicant for a license renewal shall submit with the renewal application proof that he/she has attended and/or satisfactorily completed a minimum of 10 hours of continuing education training relating to the wastewater industry. This is to include siting, design, construction, operation and/or maintenance of on-site wastewater treatment and disposal systems. Class D soil scientists not ARCPAC or professionally certified must attend at least three (3) hours of soil related curriculum. Any training must be sponsored by recognized governmental, educational or industrial groups which include equipment manufacturers, and be approved by the Board. The number of hours of continuing education for first year licensees will be decided by the Board and be based upon license issuance date.

4.14.2 The Secretary may deny, suspend or revoke the license of a Class A, B, C, D, E, F, H or I licensee after considering the recommendations of the Board and demonstration that the licensee has practiced fraud or deception; that reasonable care, judgment, or the application or their knowledge or ability was not used in performance of their duties; or that the licensee is incompetent or unable to perform their duties properly, and;

4.14.2.1 Violated any provision of these Regulations;

4.14.2.2 Violated any lawful order or rule rendered or adopted by the Department;

4.14.2.3 Obtained his/her license or any order, ruling, or authorization by means of fraud, misrepresentation, or concealment of material facts;

4.14.2.4 Failure to obtain the necessary hours of continuing education training required by these Regulations;

4.14.2.5 Been found guilty of misconduct in the pursuit of his/her profession.

4.15 Any person whose application for a license has been denied or person whose license has been suspended or revoked shall be notified in writing and provided reasons for the decision. Within 20 days of notification, the person shall notify the Secretary, in writing, if an appeal pursuant to7Del.C.§ 6008 is to be requested. If no appeal request is received within the designated period the decision shall become final.

4.16 Licenses issued pursuant to this Section are not transferable and shall expire on December 31st of each year. A license may be renewed for one (1) year without examination for an ensuing year provided the licensee submits a completed license renewal form (provided by the Department) by November 30th of each year, shows proof of the number of hours of continuing education training and pays any applicable renewal fees adopted by the Department. If the licensee fails to renew the license for more than one (1) year the licensee must reapply for the license and take all necessary examinations. A reminder will be sent to the licensee to renew his/her license by the Department. This reminder will be sent to the address on file for the licensee. It is the licensee's responsibility to renew the license yearly and notify the Department of any changes.

4.17 In the event that any person holding a valid license issued by the Department under § 7101-4.0 of these Regulations,7Del.C.§ 7101, has said license suspended or revoked by the Secretary pursuant to § 7101-4.12.2, or, if any license holder should die or be unable to perform the required service prior to the completion of any activity contemplated by these Regulations, the owner of the affected property will procure another licensed person to complete said activity pursuant to § 7101-3.1 of these Regulations, 7Del.C.§ 7101. The Department will not assume responsibility/liability for the completion of said activity in place of the original licensee. However, the Department will ensure regulatory compliance until said activity is completed.

7 Del. Admin. Code § 7101-4.0

17 DE Reg. 752 (1/1/2014) (Final)