Indicates Matter Stricken

Indicates New Matter

 

Amended

April 30, 2025

 

H. 3950

 

Introduced by Reps. Hixon and Forrest

 

S. Printed 4/30/25--H.

Read the first time February 11, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-65-40, RELATING TO PERSONS EXEMPT FROM LICENSURE AS PROFESSIONAL SOIL CLASSIFIERS, SO AS TO EXEMPT LICENSED PROFESSIONAL ENGINEERS PERFORMING SOIL EVALUATIONS IN CONNECTION WITH CONVENTIONAL ONSITE WASTEWATER SYSTEMS, AND TO PROVIDE THESE ENGINEERS MUST HAVE CERTAIN TRAINING, BONDING, AND INSURANCE.

    Amend Title To Conform

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 44-55-827 of the S.C. Code is amended to read:

 

    Section 44-55-827. (A) The department shall promulgate regulations for the licensure of persons who contract or advertise to offer or provide services for installation, repair, modification, or final inspection and approval of onsite wastewater systems. These regulations must include:

       (1) eligibility criteria to be licensed as an Onsite Wastewater Systems Contractor;

       (2) a tiered licensing program defining various levels of competency and skill, including licenses that allow different combinations of installation, repair, modification, and final inspection and approval of onsite wastewater systems;

       (3) a system for the department to monitor the quality of contractor installation, repair, modification, and final inspection and approval of onsite wastewater systems;

       (4) minimum standards for training and continuing education for Onsite Wastewater Systems Contractors;

       (5) bonding and insurance requirements for Onsite Wastewater Systems Contractors;

       (6) the establishment and collection of administrative and licensing fees to cover the costs of this program; and

       (7) enforcement guidelines and penalties for violations of the provisions of these regulations.

    (B)(1) The eligibility requirements of subsection (A) do not apply to a professional engineer licensed by the South Carolina State Board of Registration for Professional Engineers and Surveyors who has been certified by the Department of Environmental Services as successfully completing their onsite wastewater training program, solely for purposes of performing soil evaluations in connection with a conventional onsite wastewater system, provided that the engineer has appropriate bonding and insurance.

       (2) The Department of Environmental Services may revoke or suspend such certifications based on evidence of incompetence, incorrect classification of soils, or falsification or improper documentation of soil evaluation results, and/or may assess and collect a fine not to exceed $1,000 for each documented instance of incompetence, incorrect classification of soils, or falsification or improper documentation of soil evaluation results, to be submitted for deposit in the state general fund.

    (B)(C) The department shall promulgate regulations pursuant to the requirements for licensure of an Onsite Wastewater Systems Contractor, as provided for in subsection (A), items (1) through (7).

    (C)(D) Nothing in this chapter or regulations promulgated pursuant to this chapter affect the department's authority, under Section 44-1-140 and regulation, to issue permits for the installation and construction of individual onsite wastewater systems.

 

SECTION 2.  Section 40-65-40 of the S.C. Code is amended by adding:

 

    (8) A professional engineer licensed by the South Carolina State Board of Registration for Professional Engineers and Surveyors who has been certified by the Department of Environmental Services in accordance with Section 44-55-827(B).

 

SECTION 3.  This act takes effect upon approval by the Governor.

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