2005 Vermont Code - § 2827. — Site technician certification training or experience; categories

§ 2827. Site technician certification training or experience; categories

(a) Categories of training or experience. Based on education, training or relevant work experience, the secretary may certify persons as site technicians in different specialty categories, if they can demonstrate the ability to perform one or more of the following actions:

(1) To prepare applications for single lot subdivision, as defined in section 1218a of Title 18, under the subdivision permitting program administered by the secretary.

(2) To prepare designs for individual water supplies and individual on-site sewage disposal systems serving single family residences with a design flow of sewage of less than 600 gallons per day, and to prepare any associated application for municipal approval required by a municipal sewage ordinance adopted pursuant to chapter 102 of Title 24.

(3) To perform reviews for a municipality of applications required by a municipal sewage ordinance adopted pursuant to chapter 102 of Title 24.

(b) Review of own work prohibited. A site technician, acting on behalf of a municipality, may not perform a review of an application or system design that he or she prepared.

(c) Review by secretary. The secretary, or a duly authorized representative of the secretary, may review, on a random basis or in response to a complaint, the testing procedures employed by a site technician, the systems designed by a site technician, the designs approved or recommended for approval by a site technician, and any work associated with the performance of these tasks.

(d) Disciplinary action. After a hearing conducted in accordance with chapter 25 of this title, the secretary may suspend, revoke or impose conditions on a site technician's certification. Upon revocation of a site technician certification, notice of that revocation shall be included in the next published environmental notice bulletin. This proceeding may be initiated on the secretary's own motion or upon a written request which contains facts or reasons supporting the request for imposing conditions, for suspension or for revocation. Cause for imposing conditions, suspension, or revocation is any one or more of the following:

(1) False or misleading information submitted in support of an application.

(2) Misrepresentation of any relevant fact at any time.

(3) Negligence or incompetence in completing the work necessary for an application, a design, or the review of an application.

(e) Preexisting certifications. Certifications granted before April 26, 1977 may be continued subject to the imposing of conditions, suspension or revocation proceedings.

(f) Rules. The secretary may adopt rules to implement the provisions of this section, but the rules shall not be used to limit or restrict the authority of site technicians conferred by this section or any other provision of law. (Added 1995, No. 48, § 2.)