2013 Vermont Statutes
Title 10 Conservation and Development
Chapter 64 POTABLE WATER SUPPLY AND WASTEWATER SYSTEM PERMIT
§ 1975 Designer licenses

1975. Designer licenses

(a) The secretary shall establish and implement a process to license and periodically renew the licenses of designers of potable water supplies or wastewater systems, establish different classes of licensing for different potable water supplies and wastewater systems, and allow individuals to be licensed in various categories.

(b) No person shall design a potable water supply or wastewater system that requires a permit under this chapter without first obtaining a designer license from the secretary, except a professional engineer who is licensed in Vermont shall be deemed to have a valid designer license under this chapter, provided that:

(1) the engineer is practicing within the scope of his or her engineering specialty; and

(2) the engineer:

(A) has satisfactorily completed a college-level soils identification course with specific instruction in the areas of soils morphology, genesis, texture, permeability, color, and redoximorphic features; or

(B) has passed a soils identification test administered by the secretary; or

(C) retains one or more licensed designers who have taken the course specified in this subdivision or passed the soils identification test, whenever performing work regulated under this chapter.

(c) No person shall review or act on permit applications for a potable water supply or wastewater system that he or she designed or installed.

(d) The secretary may review, on a random basis, or in response to a complaint, or on his or her own motion, the testing procedures employed by a licensed designer, the systems designed by a licensed designer, the designs approved or recommended for approval by a licensed designer, and any work associated with the performance of these tasks.

(e) After a hearing conducted under chapter 25 of Title 3, the secretary may suspend, revoke, or impose conditions on a designer license, except for one held by a professional engineer. 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 shall be conduct specified under 3 V.S.A. 129a as constituting unprofessional conduct by a licensee.

(f) If a person who signs a design or installation certification submitted under this chapter certifies a design, installation or related design or installation information and, as a result of the person's failure to exercise reasonable professional judgment, submits design or installation information that is untrue or incorrect, or submits a design or installs a wastewater system or potable water supply that does not comply with the rules adopted under this chapter, the person who signed the certification may be subject to penalties and required to take all actions to remediate the affected project in accordance with the provisions of chapters 201 and 211 of this title.

(g) In response to a complaint, or on his or her own motion, the secretary shall refer deficiencies in design or installation performed under this chapter by a professional engineer to the board of professional engineering for further investigation and potential disciplinary action. (Added 2001, No. 133 (Adj. Sess.), 1, eff. June 13, 2002; amended 2007, No. 32, 5, eff. May 18, 2007.)