PURPOSE: This rule establishes the criteria for inclusion on the lists of those individuals qualified to perform percolation tests and/or soils morphology evaluations in determining soil properties for on-site wastewater treatment systems and for inclusion on the registered on-site wastewater system installers list in accordance with sections 701.025 through 701.059, RSMo.

1. (1) The following definitions shall apply to this rule:

   1. (A) Administrative authority—The governing body which may include, but is not limited to, county health departments, planning and zoning commissions, county building departments, county public works departments, sewer districts, municipalities and the Missouri Department of Health and Senior Services which has, as authorized by statute, charter or other form of enabling authority, adopted regulations equal to or greater than sections 701.025 through 701.059, RSMo for individual on-site wastewater treatment systems;
   2. (B) Advanced on-site wastewater treatment system (OWTS) installer—An individual registered by the department to install advanced OWTS as listed by the department;
   3. (C) Department—The Missouri Department of Health and Senior Services;
   4. (D) Installer—Any individual (other than a homeowner who installs a system for their own personal use) who alters, extends, repairs, or constructs, an OWTS, including but not limited to, excavating, or earthmoving work connected with the construction of OWTS on behalf of, or under contract with, the property owner;
   5. (E) On-site soil evaluators (OSE)— Individuals including soil scientists, as defined by section 701.040.1(2), RSMo; licensed engineers, and registered geologists as defined by section 701.040.1(2), RSMo with ten (10) semester hours of soils course work including three (3) semester hours of course work in soil morphology and interpretations; and meeting the requirements of this rule;
   6. (F) On-site wastewater treatment system (OWTS)—Any system defined in section 701.025(8), RSMo as an “on-site sewage disposal system”;
   7. (G) Basic on-site wastewater treatment system (OWTS) installer—An individual registered by the department to install basic OWTS as listed by the department; and
   8. (H) Soil morphology evaluation—The method of testing or evaluating absorption qualities of the soil by physical examination of the soils’ color, mottling, texture, structure, topography and hill-slope position.

2. (2) An individual must be registered by the department to conduct any part of a percolation test or soil morphology evaluation in which results are intended for use in the design of an OWTS or to install an OWTS according to the standards set forth in sections 701.025 through 701.059, RSMo and 19 CSR 20-3.060.

   1. (A) Percolation Tests.

      1. 1. To obtain registration from the

department to conduct a percolation test, an individual shall:

1. A. Successfully complete a training

course conducted by or approved by the department. This training course shall include, at a minimum, course work, field work, a written examination and a practical examination; or

1. B. Submit documentation that he/she

meets the definitions of OSE, licensed engineer or registered geologist; and

1. C. Complete the department’s regis-

tration process described in section (3).

1. (B) Soil morphology evaluations shall be conducted by individuals meeting the definition of an OSE and meeting the requirements of this rule.

   1. 1. To obtain registration from the

department to perform soils morphology evaluations, an individual shall:

1. A. Provide the following information:

   1. (I) An original transcript from the

school or university attended mailed directly from the registrar to the department in Jefferson City;

1. (II) Course descriptions from the

school attended to verify the nature of the course work if requested; and

1. (III) A copy of current applicable

professional registration for licensed engineers or registered geologists indicating the registrant is in good standing;

1. B. Complete a written and a field test

conducted by or approved by the department with a score of seventy percent (70%) or higher on each section; and

1. C. Complete the department registra-

tion process described in section (3).

1. (C) Installation of On-site Wastewater Treatment Systems. The installation of any OWTS can only be done by an installer registered with the department, with the exception of a property owner meeting the requirements of section 701.055, RSMo. After July 1, 2005, only installers registered as advanced OWTS installers shall install sys- 19 CSR 20-3

tems listed by the department as advanced OWTS.

1. 1. To obtain registration from the

department as a basic OWTS installer, an individual shall:

1. A. Complete a training course con-

ducted by or approved by the department with a score of seventy percent (70%) or higher; and

1. B. Complete the department registra-

tion process described in section (3).

1. 2. To obtain registration from the

department as an advanced OWTS installer, an individual shall:

1. A. Possess a basic OWTS installer’s

registration in good standing;

1. B. Complete an advanced OWTS

installer training course approved by the department with a score of seventy percent (70%) or higher; and

1. C. Complete the department registra-

tion process described in section (3).

1. (3) Department Registration Process.

   1. (A) To complete the department registration process, an individual shall:

      1. 1. Complete an application on a form

approved by the department and submit proof of professional engineer or registered geologist license if necessary for percolation tester or OSE registration;

1. 2. Pay the registration or registration

renewal fee at the time the application is submitted. Payment shall be made in the form of a personal check, certified or cashier’s check or money order made payable to the Department of Health and Senior Services. This is a nonrefundable processing fee;

1. 3. Pay a late charge of ten dollars ($10)

in addition to the registration renewal fee if an application is submitted more than fifteen (15) days after the previous registration expires. Registration renewal applications will not be accepted if more than forty-five (45) days after the previous registration expires. Individuals submitting registration renewal applications more than forty-five (45) days after expiration of their registration will be required to complete the original registration process, including any department training requirements for original registration; and

1. 4. Each renewal application shall

include a list of all continuing education units (CEU) completed for the thirty-six (36)- month period prior to the application. The department shall not grant a renewal of the registration unless the applicant provides documentation of successful completion of at least twenty (20) hours of department approved CEU, four (4) hours of which shall be provided by the department, within the AND SENIOR SERVICES

thirty-six (36)-month period prior to the application.

1. (B) All individuals certified, listed, or registered with the department before August 28, 2004, will receive a registration during the first year of implementation of this rule, valid for not more than thirty-six (36) months which shall be renewable upon completion of the department registration process as described in section (3) and paying a fee not to exceed ninety dollars ($90). Each registration issued during the first year will be assigned an expiration date by the department.
2. (C) After August 28, 2004, individuals registering for the first time and paying a ninety-dollar ($90) fee, will receive a registration valid for thirty-six (36) months, unless otherwise suspended, revoked or surrendered, and shall be renewable upon completion of the department registration process described in section (3), and paying a fee not to exceed ninety dollars ($90).
3. (D) After August 28, 2004, the department may issue a one (1)-time temporary basic OWTS installer registration, valid for no more than one hundred eighty (180) days for work in a specific county or counties. The temporary basic OWTS registration will be converted to a basic OWTS installer registration upon completion of a departmentapproved training program and completion of the department registration process as described in section (3). Failure to complete the training or the department registration process will result in termination of the individual’s temporary basic OWTS installer registration.
4. (E) After August 28, 2004, the department may issue a probationary basic OWTS installer registration for work in a specific county or counties. This registration will be valid for a specific period of time, as determined by the department, and will be dependent on the registered individual meeting and maintaining specific requirements as established by the department.

1. (4) Standards of Practice—Percolation Testers, OSE or OWTS Installers.

   1. (A) A percolation tester or OSE shall:

      1. 1. Possess a current registration with the

department before performing any activities related to a percolation test or morphology evaluation;

1. 2. Record their registration number on

all bids, proposals, contracts, invoices, soil evaluation reports, or other correspondence with the homeowner and administrative authority;

1. 3. Provide true and accurate information

on any application, percolation test report, soil evaluation report and any other OWTS documentation;

1. 4. Maintain a current address and phone

number with the department and submit any address or phone number changes to the department in writing within thirty (30) days of the change taking place;

1. 5. Percolation tests must be conducted

in accordance with section (2) of 19 CSR 20- 3.060; and

1. 6. Site/soil morphology evaluations

completed by an OSE must comply with the standards detailed in sections (2) and (7) of 19 CSR 20-3.060 including but not limited to the following items:

1. A. Evaluate the nine (9) items listed

in paragraphs (2)(A)2.–10.;

1. B. Evaluate and classify six (6) site

factors listed in subsection (7)(C), as suitable, provisionally suitable, or unsuitable according to subsections (7)(E) through (L);

1. C. Include a diagram showing loca-

tion and extent of the area(s) evaluated;

1. D. Make recommendations regarding

the use or effectiveness of water lowering systems when there is evidence of a high water table; and

1. E. Based on subsection (7)(M) and

Tables 13 and 14, for horizons that are not classified as unsuitable, assign a conventional soil loading rate for each horizon and assign an alternative soil loading rate for each horizon at least to a depth of twelve inches (12") below the likely depth of an alternative system.

1. (B) A registered basic OWTS installer or a registered advanced OWTS installer shall:

   1. 1. Possess a current basic OWTS

installer registration or advanced OWTS installer registration with the department before beginning construction of an on-site wastewater treatment system;

1. 2. Record their registration number on

all bids, proposals, contracts, invoices, permit application construction drawings, or other correspondence with the homeowner and administrative authority;

1. 3. Provide true and accurate information

on any application and any other OWTS documentation;

1. 4. Begin the construction of an OWTS

only after obtaining approval from the administrative authority, unless approval is not required;

1. 5. Construct the OWTS meeting the con-

struction and permit criteria required by sections 701.025–701.059, RSMo and any rule adopted thereunder or the more stringent requirements of the administrative authority, if applicable;

1. 6. Construct the OWTS that has been

authorized by the administrative authority for and Communicable Disease Prevention

the specific location identified in the application;

1. 7. Be present at the construction site

during construction and supervise all construction activities;

1. 8. Submit complete and accurate “certi-

fication without on-site inspection form,” when requested; and

1. 9. Maintain a current address and phone

number with the department and submit any address or phone number changes to the department in writing within thirty (30) days of the change taking place.

1. (5) The department may audit the work of a percolation tester, OSE, registered basic OWTS installer or registered advanced OWTS installer at any time to determine whether the standards of practice, as defined by this rule are being met. Failure to adhere to department standards may be cause for placement on probation, suspension, or revocation of the registration, or for mandatory successful completion of a training course and/or testing as described in section (2). The audit may be an unannounced visit to the property on which the percolation test, soil morphology examination or on-site sewage system installation 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, soil morphology examination or on-site sewage system installation with or without prior appointment with the registered individual.

2. (6) A percolation tester, OSE, registered basic OWTS installer, or registered advanced OWTS installer may have their registration placed on probation, suspended, or revoked if the individual:

   1. (A) Fails to maintain any professional license necessary for registration as a percolation tester or OSE;
   2. (B) Fails an audit or refuses to participate in an audit;
   3. (C) Fails to submit reports, submits false reports or allows another individual to use his/her license;
   4. (D) Is convicted of a violation of any provisions of sections 701.025 through 701.059, RSMo or any rules promulgated under these statutes;
   5. (E) Has plead guilty or has been found guilty of an infraction, misdemeanor or felony involving misrepresentation, fraud or other crime relating to activities of percolation testing, soil morphology evaluations, installing, repairing, inspecting or otherwise associated with on-site sewage disposal systems;
   6. (F) Directs or allows an unregistered individual to conduct a percolation test, or soil morphology examination;
   7. (G) Directs or allows an unregistered individual to install an on-site wastewater treatment system without direct supervision; or
   8. (H) Fails to comply with standards of practice established by this rule.
3. (7) The suspension or revocation of a percolation tester’s or OSE’s registration shall be served in writing by certified mail or personal service to the affected individual or his/her representative. The decision of the department may be appealed to the Administrative Hearing Commission as provided in Chapters 536 and 621, RSMo.
4. (8) Any individual whose registration has been revoked may not reapply for registration for at least one (1) year from date of revocation, and must complete the department training requirements for registration described in section (2) and complete the department registration process as described in section (3) above.

5. (9) An individual may be permanently barred from reapplying for registration if—

   1. (A) The individual has plead guilty or has been found guilty of an infraction, misdemeanor or felony involving misrepresentation, fraud or other crime relating to activities associated with an OWTS; or
   2. (B) The individual has his/her registration revoked a second time within five (5) years.
6. (10) No person as defined in section 701.025, RSMo may authorize, permit, or knowingly allow the installation of an on-site wastewater treatment system by an unregistered individual other than the property owner.

AUTHORITY: sections 701.033, RSMo Supp. 2004 and 701.040, RSMo 2000.* Emergency rule filed April 17, 1995, terminated April 26, 1995. Original rule filed April 17, 1995, effective Dec. 30, 1995. Emergency amendment filed Sept. 2, 2004, effective Sept. 12, 2004, expired March 10, 2005. Rescinded and readopted: Filed Sept. 2, 2004, effective Feb. 28, 2005. *Original authority: 701.033, RSMo 1986, amended 1993, 1994, 1995, 2004 and 701.040, RSMo 1994.