PURPOSE: This rule establishes a list describing those persons qualified to perform percolation tests or soils morphology examinations in determining soil properties for onsite sewage disposal systems. This listing is authorized and mandated by section 701.040(2), RSMo.

1. (1) The following definitions shall apply in the interpretation and enforcement of this rule:

   1. (A) Certified agent of the Department of Health—A person or entity that has received authority from the Department of Health to act on behalf of the Department of Health regarding certification of individuals to conduct percolation or soil morphology examinations;
   2. (B) Department—the Missouri Department of Health;
   3. (C) Licensed engineer—A person authorized under the provisions of Chapter 327, RSMo to practice as a professional engineer in Missouri and who may legally render or offer to render or hold him/herself out as willing or able to render any service or creative work, the adequate performance of which requires engineering education, training and experience in the application of special knowledge of the mathematical physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering work and systems, engineering teaching of advanced engineering subjects or related courses, and the inspection of construction for the purpose of assuring compliance with drawings and specifications, any of which embraces such service or work with public or private, in connecting with any utilities, structures, building, machines, equipment, processes, work systems, or projects and including such architectural work as is incidental to the practice of engineering; or who uses the title professional engineer or consulting engineer or the word engineer alone or preceded by any word indicating or implying that such person is or holds him/herself out to be a professional engineer, or who shall use any word(s), letters, figures, degrees, titles or other description indicating or implying that the person is a professional engineer or is willing or able to practice engineering;
   4. (D) Percolation test—The method of testing absorption qualities of the soil by prescribed means of digging and soaking holes with water, and measuring the rate of absorption into the soil;
   5. (E) Registered geologist—A geologist who has met the qualifications established by the Missouri Board of Geologist Registration and has been issued a certified of registration by the board.
   6. (F) Sanitarian—A person registered either as a sanitarian or environmental health professional by the National Environmental Health Association, certified as a sanitarian or environmental health professional by the Missouri Board of Certification for Environmental Health Professionals or employed as sanitarian or environmental health professional by the administrative authority;
   7. (G) Soil Morphology Examination—The method of testing absorption qualities, of the soil by physical examination of the soils color, mottling, texture, structure, topography and hillslope position; and
   8. (H) Soil scientist—A person who has successfully completed at least fifteen (15) semester hours of soils science course work including at least three (3) hours of course work in soil morphology and interpretations, and has a minimum of two (2) years of field experience.
2. (2) A person meeting the definitions of soil scientist as defined in subsection (1)(H) of this rule may conduct a percolation test, soil morphology examination, or both, to determine suitability for on-site sewage disposal systems.
3. (3) After successful completion of a training course acceptable to or administered by the department, a person meeting the definitions of registered geologist, licensed engineer or sanitarian as defined in subsections (1)(B),
4. (C) or (E) of this rule may conduct a percolation test to determine suitability for on-site sewage disposal systems. This person may also conduct a soil morphology examination if s/he has completed a minimum of ten (10) semester hours of soils course work, at least three (3) hours of which shall have included studies in soil morphology.
5. (4) Prior to conducting percolation tests, a person not meeting the definitions of licensed engineer, registered geologist, sanitarian or soil scientist as defined in subsections (1)(B), (C), (E) or (H) of this rule must become certified by the department or a certified agent of the department. Certification may be obtained by successful completion of a training course conducted by or approved by the department. This training course shall and Communicable Disease Prevention

include, at a minimum, course work, field work, a written examination and a practical examination.

1. (5) The department may audit the work of a licensed engineer, registered geologist, sanitarian, soil scientist or certified person at any time to determine whether a proper and competent percolation test, soil morphology examination inspection or evaluation, or a combination, was made. Failure to adhere to department standards may be cause for suspension or revocation of the certification or authorization, or for mandatory successful completion of a training course as described in section (4). The audit may be an unannounced visit to the property on which the percolation test or soil morphology examination was conducted, which may include an independent soil percolation test or soil morphology examination, or a visit within the period of a soil percolation test or soil morphology examination with or without prior appointment with the certified or authorized person.
2. (6) No person without certification or authorization may conduct any part of a percolation test or soil morphology examination in which results are intended for use in design of an on-site sewage disposal system, whether on his/her own or under supervision of a certified or authorized person. Any certified or authorized person allowing or directing an uncertified or unauthorized person to conduct a percolation test or soil morphology examination will be subject to suspension or revocation of his/her certification or authorization.
3. (7) The suspension or revocation of certification or authorization shall be served in writing by certified mail or personal service to the affected person of his/her representative. Within ten (10) days the person may request a hearing or written review to show cause why the certification or authorization should not be suspended or revoked. The department may set a date not fewer than ten (10) more than thirty (30) days after receipt of the request. The decision of the department following the hearing or written review may be appealed to the Administrative Hearing Commission as provided in Chapters 536 and 621, RSMo.
4. (8) Any person whose certification or authorization has been revoked may not reapply for certification or authorization for at least one
5. (1) year after the revocation.

6. (9) A person may be permanently barred from reapplying for certification or authorization if—

   1. (A) The person has been found quality of an infraction, misdemeanor or felony involving misrepresentation, fraud or other crime relating to activities associated with on-site sewage disposal systems; or
   2. (B) The person has his/her certification or authorization revoked a second time within five (5) years.

AUTHORITY: section 701.040(2), RSMo 1994.* Emergency rule filed April 17, 1995, terminated April 26, 1995. Original rule filed April 17, 1995, effective Dec. 30, 1995.

*Original authority: 701.040, RSMo 1994.