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.
H3950 amends South Carolina law governing professional soil classifiers and onsite wastewater systems. The bill creates an exemption from licensure requirements for licensed professional engineers who have completed Department of Environmental Services training and are certified by the department, but only when they are performing soil evaluations for conventional onsite wastewater systems. To use this exemption, the engineer must also maintain appropriate bonding and insurance.
The bill also directs the Department of Environmental Services to regulate onsite wastewater systems contractors through a licensing framework that includes eligibility standards, tiered licenses, training and continuing education requirements, bonding and insurance, fees, monitoring, and enforcement penalties. It further authorizes the department to suspend or revoke certifications, and to impose fines of up to $1,000 per documented instance of incompetence, incorrect soil classification, or falsified or improper documentation. The measure clarifies that these changes do not limit the department’s separate authority to issue permits for individual onsite wastewater system installation and construction.
The bill amends Section 44-55-827 and Section 40-65-40 of the South Carolina Code to expand who may perform certain soil evaluation work without full professional soil classifier licensure. It adds certified professional engineers as an exempt category, while preserving oversight through training, certification, bonding, insurance, and disciplinary authority. The legislation affects engineers, onsite wastewater contractors, soil classifiers, and the Department of Environmental Services, and it reinforces the state’s regulatory structure for septic and onsite wastewater permitting and contractor licensing.
The available voting history suggests strong support for the bill, with the House passing it 99-0. No committee transcript is available, but the unanimous vote indicates broad agreement with the measure’s approach. The bill appears to have been viewed as a targeted regulatory adjustment rather than a controversial policy change.
There is little evidence of major opposition in the available record. The main policy issue is whether licensed professional engineers should be allowed to perform soil evaluations for conventional onsite wastewater systems without meeting the full licensure requirements for professional soil classifiers. The bill addresses potential concerns about public protection by requiring training, certification, bonding, insurance, and disciplinary penalties for incompetence or improper documentation, suggesting that any debate likely centered on balancing professional flexibility with environmental and public-health safeguards.