1. The completed application form, Mo Form #2A (6-08), Application for Registration Renewal, which is incorporated by reference in this rule and is available on the Internet at www.dhss.mo.gov/onsite or by contacting the department at PO Box 570, Jefferson City, MO 65102-0570, (573) 751-6095. This rule does not incorporate any subsequent amendments or additions;
2. A check or money order made payable to the Missouri Department of Health and Senior Services for the nonrefundable-processing fee of ninety dollars ($90); and
3. Documentation of the applicant’s successful completion, within the previous thirty-six (36) months, of the following minimum continuing education:
A. For on-site soil evaluators, percolation testers, and basic and advanced OWTS installers who are renewing their registration for the first time, at least twenty (20) hours of department-approved continuing education units of which at least eight (8) continuing education units shall meet select department criteria;
B. For on-site soil evaluators and advanced OWTS installers who are renewing their registration for the second or subsequent time, at least twelve (12) hours of department-approved continuing education units of which at least eight (8) continuing education units shall meet select department criteria related to their OWTS profession; or
C. For basic OWTS installers and percolation testers who are renewing their registration for the second or subsequent time, at least eight (8) hours of department-approved continuing education units.
(C) Individuals submitting a renewal application more than fifteen (15) calendar days after the previous registration expires shall pay a late charge of ten dollars ($10) in addition to the ninety dollar ($90) registration-processing fee.
(D) Registration renewal applications will not be accepted if received by the department more than forty-five (45) calendar days after the previous registration expires. Individuals submitting registration renewal applications more than forty-five (45) calendar days after expiration of their registration will be required to complete the initial registration process, including any department training requirements for an initial registration.
(8) A fifteen-dollar ($15) processing fee will be assessed for duplicate and/or replacement registration identification cards.
(9) Standards of Practice for Percolation Testers, On-Site Soil Evaluators, and OWTS Installers.
(A) A percolation tester or on-site soil evaluator shall:
1. Possess a current registration with the department before performing any activities related to a percolation test or soil morphology evaluation;
2. Record their registration number on all bids, proposals, contracts, invoices, percolation test reports, soil morphology evaluation reports, and other correspondence with the property owner or administrative authority;
3. Provide true and accurate information on any application, percolation test report, soil morphology evaluation report, and any other OWTS documentation;
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) calendar days of the change taking place;
5. Conduct percolation tests in accordance with section (2) of 19 CSR 20-3.060; and
6. Conduct site/soil morphology evaluations in accordance with the standards detailed in sections (2) and (7) of 19 CSR 20-3.060. Specifically, the on-site soil evaluator shall:
A. Evaluate the nine (9) items listed in paragraphs (2)(A)2. through 10. of 19 CSR 20-3.060;
B. Evaluate and classify six (6) site factors listed in subsection (7)(C) of 19 CSR 20-3.060, as suitable, provisionally suitable, or unsuitable according to subsections (7)(E) through (L) of 19 CSR 20-3.060;
C. Include a diagram showing location and extent of the area(s) evaluated;
D. Make recommendations regarding the use and effectiveness of water lowering systems when there is evidence of a high water table; and
E. Based on subsection (7)(M) and Tables 13 and 14 of 19 CSR 20-3.060, 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 to a depth of at least twelve inches (12") below the likely depth of an alternative system.
(B) A registered basic OWTS installer or a registered advanced OWTS installer shall:
1. Possess a current basic OWTS installer registration or advanced OWTS installer registration with the department before beginning construction of any OWTS;
2. Record their registration number on all bids, proposals, contracts, invoices, permit application construction drawings, and other correspondence with the property owner or administrative authority;
3. Provide true and accurate information on any application and any other OWTS documentation;
4. Notify the administrative authority if their involvement as the registered installer with the permit application and OWTS changes;
5. Begin the construction of an OWTS only after obtaining approval from the administrative authority, unless approval is not required;
6. Construct the OWTS meeting the construction standards and permit criteria required by sections 701.025 through 701.059, RSMo, and any rule adopted thereunder or the more stringent requirements of the administrative authority, if applicable;
7. Construct the OWTS that has been authorized by the administrative authority for the specific location identified in the application;
8. Be present at the construction site during construction and supervise all construction activities;
9. Provide required notice and an opportunity for inspection prior to completion of the OWTS installation as required by the administrative authority;
10. Submit complete and accurate “certification without on-site inspection form,” when requested;
11. Not create or increase a health or safety hazard, nuisance condition, or surface water or groundwater contamination when constructing, repairing, modifying, or troubleshooting an OWTS; and
12. 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) calendar days of the change taking place.
(10) The department may audit the work of a percolation tester, on-site soil evaluator, 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 sections (3) and (4) of this rule. The audit may be an unannounced visit to the property on which the percolation test, soil morphology examination, or OWTS 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 OWTS installation with or without prior appointment with the registered individual.
(11) A percolation tester, on-site soil evaluator, registered basic OWTS installer, or registered advanced OWTS installer may have their registration placed on probation, suspended, or revoked if the individual:
(B) Fails an audit or refuses to participate in an audit;
(C) Fails to submit reports, submits false reports, or allows another individual to use his/her registration;
(D) Is convicted of a violation of any provisions of sections 701.025 through 701.059, RSMo, or any rules promulgated under these statutes;
(E) Has pled 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 an OWTS;
(F) Directs or allows an unregistered individual to conduct a percolation test or soil morphology examination;
(G) Directs or allows an unregistered individual to install an OWTS without direct supervision; or
(H) Fails to comply with the standards of practice established by this rule.
(12) The suspension or revocation of a percolation tester’s, on-site soil evaluator’s, or OWTS installer’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.
(13) 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’s training requirements for registration described in sections (3) and (4) of this rule and complete the department’s registration process as described in section (5) of this rule.
(14) An individual may be permanently barred from reapplying for registration if the individual:
(A) Has pled 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
(B) Has his/her registration revoked a second time within five (5) years.
(15) No person without a valid registration may conduct any part of a percolation test or soil morphology evaluation for an OWTS, whether on their own or under supervision of a person with a valid registration. Persons conducting percolation tests or soil morphology evaluations without the required registration, or representing themselves as registered, are considered in violation of section 701.053, RSMo, which is a class A misdemeanor.
(16) No person as defined in section 701.025, RSMo, may authorize, permit, or knowingly allow a percolation test or soil morphology evaluation for an OWTS by an unregistered individual or the installation of an OWTS by an unregistered individual other than the homeowner.
AUTHORITY: section 701.033, RSMo Supp. 2008 and section 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. Amended: Filed Oct. 22, 2008, effective May 30, 2009.