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Just the Facts: Licensing, Compliance, & the Role of the State Board of Geologists Applications to the Water Resourc

Just the Facts: Licensing, Compliance, & the Role of the State Board of Geologists Applications to the Water Resources Profession in Oregon. Steve Taylor, Chair Oregon State Board of Geologist Examiners Associate Professor Geology Western Oregon University. Introduction

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Just the Facts: Licensing, Compliance, & the Role of the State Board of Geologists Applications to the Water Resourc

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  1. Just the Facts: Licensing, Compliance, & the Role of the State Board of GeologistsApplications to the Water ResourcesProfession in Oregon Steve Taylor, ChairOregon State Board of Geologist ExaminersAssociate Professor GeologyWestern Oregon University

  2. Introduction • Oregon Geologist Licensure • Ethics and Professional Practice • Water Resources Connections • Conclusion

  3. Introduction

  4. Geoscience in the U.S. • Scientific history rooted in the study of natural resources, river systems are a traditional focus • John Wesley Powell: 1869 tour of Grand Canyon • 1881 appointed second director of USGS • Geologic studies and topographic mapping • Investigations of rivers and water resources • Georef Citations: Keywords “river or fluvial” >198,000 entries dating back to 1801 (AGI, 2007)

  5. Focus Questions • What is the role of geoscience in the water • resource professions? • What are the licensing requirements for • professional registration? • What are examples of unethical or poor • professional practice? • What are the ethical considerations associated • with “overlap practice” on multidisciplinary • water resource projects?

  6. Oregon GeologistLicensure

  7. Purpose of Professional Licensing: To provide 3rd party validation of the qualifications of an individual practitioner to perform work-related tasks • Establish minimum levels of competency and knowledge • Set standards of practice in the community • Promote ethics and accountability

  8. Oregon Board of Geologist Examiners • Licensing laws enacted in 1977 (ORS 672.505 to 672.991) • Board mission: to “safeguard the health and welfare and property of the people of Oregon” • “…safeguards are in the fields of geology as related to engineering, ground water, land use planning, mineral exploration, geologic hazards, and other matters of the state”

  9. Who Are We? • Semi-independent board / Governor-appointed • Fee supported / self-sustaining • 4 professional members, 1 community member, State Geologist serves non-voting ex officio

  10. Board Objectives • To license professionals engaged in the public practice of geology • To respond to complaints from the public and profession • To educate the public and communicate with regulatory agencies • To cooperate with related Boards and Commissions • To promote professional ethics • To provide systematic outreach to counties, cities, and registrants.

  11. 2009 Board Members • Steve Taylor, PhD, RG, Chair (Western Oregon Univ.) • Christopher Humphrey, RG, CEG, Vice Chair (USACE) • Rodney Weick, RG, CEG (Oregon DEQ) • Mark Yinger, RG (Yinger and Associates) • Richard Heinzkill, Public Member (Retired UO Librarian) • Vicki McConnell, PhD, RG, State Geologist (ex officio) Susanna Knight, Administrator

  12. Organizational Functions • License Registrants and Screen Applicants • Experience & Education • Standardized Examinations • Compliance • Interpret Statutes (ORS) • Promulgate Rules (OAR) • Consult with Attorney General’s Office

  13. Certifications • Geologist-in-Training (GIT) • Registered Geologist (RG) • Certified Engineering Geologist (CEG)

  14. Licensing Requirements Geology-related degree or 45 quarter hrs of geoscience Minimum: 70% passing score on nationally standardized exam (ASBOG Exam) GIT 5 years post-bac. experience Minimum: 70% passing score (ASBOG Exam) RG CEG

  15. Standardized TestingAssociation of State Boards of Geology WA-OR-ID • 29 States and Puerto Rico • Oregon founding member • since 1990 • Nationally standardized exams • Council of Examiners meets • twice annually to review • Fundamental and Practice • Exams

  16. Who must be licensed?Individuals engaged in the public practice of geology: “performance for another of geological service or work” Exemptions: • Individuals preparing reports of existing documents and acting as scriveners • Federal employees working on employment-related projects • University professors working on employment-related teaching and research • Private citizens providing testimony at public hearings as part of their free-speech rights

  17. Compliance • Common Complaints • Practice without a license • Unstamped work products • Poor quality workmanship • Fraud, negligence, deceit • Avg. ~8-10 cases/year • Enforcement Actions • Letter of concern • Peer review and mentoring • Civil penalties (max $1,000 per violation) • License revocation

  18. Who files complaints? • Peer professionals, reporting from within community; “the geologist shall report” • Regulatory/permit managers (e.g. DEQ, BLM) • Disgruntled clients; opposing public • Anonymous tips, internal board investigations

  19. Ethics and Professional Practice A clash of ego, competitive markets, and profits…

  20. Key Ethical Concepts • “public practice of geology” • “geology”, “engineering geology” • “false impersonation” • “false or forged evidence” • “deceit: portraying something as true that is untrue: • “fraud: intentional perversion of the truth” • “negligence: failure to exercise care, skill, and diligence” • “gross negligence: reckless disregard for exercising care” • “incompetence: unsuitability for effective action” • “misconduct – violation of laws, rules, or code of ethics • “threat to the public health, welfare, or property”

  21. License Revocation Case Study • Involves geologic consulting work in Salem area, addressing the “Marion County Sensitive Groundwater Overlay (SGO) Zoning ordinance • Goals of SGO: to demonstrate sustainable quantities of groundwater and to avoid adverse impacts to the resource • Property development in SGO Zones (e.g. south and west Salem) < 5 acres - “hydrogeology review” required > 5 acres - no demonstration of water supply required • SGO Hydrogeology Review (“level 1” review of existing data) • Property maps, well locations, aquifer characterization, prepare supporting geologic maps and cross-sections, prepare a groundwater budget using existing published recharge rates • If >90% of projected recharge will be used after development, a “level 2” Hydrogeology Study” is required before permitting • If <90% of projected recharge calculated, no further action needed

  22. South Salem Hills Domestic Groundwater Supply Marine Sedimentary Rocks • Hydrogeologic Setting • Hillslope surface terrain • Valley-margin slopes characterized by landslide terrain and colluvium • Precipitation = elevation controlled • Miocene Columbia River Basalts (CRB) over Early Tertiary Marine Sedimentary Strata (Ts) • CRB = “good aquifer” • Ts = “poor quality aquifer” • Aquifer supply and recharge rates a function of precip. inputs + CRB • polygon area Columbia River Basalt South Salem Hills CRB “Marine Sedimentary” Qal “Willamette Aquifer”

  23. Complaint and Investigation Process • RG conducted Hydrogeology Review for client, determined <90% of aquifer recharge would be effected by development • Neighbors opposing development filed a complaint of inaccurate work and unethical behavior by RG. • Geology Board conducted investigation with peer reviewers; results of investigation: • Hydrogeology Review did not include adequate geologic map • Not all wells in area were identified and included in analysis • RG allowed the clients to compile well log information • RG skewed precipitation data to achieve the <90% threshold result • RG altered published geologic maps to change map polygon areas • SGO Hydrogeology Review was intentionally biased to favor a positive outcome for the developers (i.e. “geolgist for hire”) • Board Action: License Revocation

  24. Other Recent Compliance Examples • Consulting soil scientists practicing engineering geology • Unregistered “environmental consultant” conducting subsurface contamination assessments • RG making geotechnical recommendations • Former USFS employee completing BLM mine permits • Colleagues stamping work with the seal of an RG who was out of the office • Office manager using a photocopy of an RG stamp • Web sites of unlicensed environmental consultants claiming expertise with geologic work in the state of Oregon • Experienced out-of-state geologists practicing in Oregon without a license

  25. Water Resources Connections:Case Example “River Restoration”

  26. Census of U.S. River Restoration Projects • Oregon Plan (OWEB) Outcomes • >90 assessments since 1999 • ~$180,000,000 in restoration • 65 projects/1000 km river length • (K. Bierly, (OWEB); Bernhardt et al., 2005) National River Restoration Synthesis Database

  27. Philosophical Questions in Areas of “Overlap Practice” • What is the “practice of geology”? • What is engineering geology? • What is engineering? • How do hydrology and physical geography fit in? • What about “environmental science”?

  28. More questions for thought… • Is applied fluvial geomorphology part of the geoscience profession? civil engineering? geography? • Is log placement for habitat restoration in stream channels applied fluvial geomorphology? engineering geology? civil engineering? or a combination of all of the above? • Where does ecological engineering fit in? What about water resources engineering?

  29. Watershed Systems • Characterized by geology, landforms, and climate • Affected by local biotic and abiotic influences • Comprised of multivariate subsystems with • interdependent process-response mechanisms • Watershed Assessment Objectives • Identify features and processes important to fish habitat • Determine the influence of natural processes • Understand human activities and evaluate effects of • land management River management projects require a multi-disciplinary team approach OWEB (1999) Watershed Assessment Manual

  30. Watershed Project Activities Involving the Practice of Geology • Map / air photo interpretation of geologic features • Geologic and geomorphic mapping • Geomorphic analysis (processes and landforms) • Interpretation of the geologic record • Hydrogeology and aquifer characterization • Engineering geology (erosion and slope stability) • Evaluation of geologic hazards

  31. Strategy for Upholding State Licensing Laws • Build Collaborative Multidisciplinary Teams • Registered Geologists • Professional Engineers • Ecologists / Biologists • Hydrologists / Geographers • Barriers to Collaboration • Small projects with team-size limitations • Low profit margins, limited markets • Ego, long-standing divisions amongst the professions

  32. Conclusion • Water resource projects require a multi- disciplinary team approach with a diverse array of specialists (represented here today) • Under Oregon state law, geologic components of watershed projects require a registered geologist or engineering geologist • Given the inherent overlap between natural resource disciplines, OSBGE recognizes the need for professional alliances to ensure public welfare … outreach and discussion is a key component

  33. Contact OSBGE For more information: Susanna Knight, Administrator Oregon State Board Geologist Examiners 1193 Royvonne Avenue SE #24 Salem OR 97302 Phone: 503-566-2837 Fax: 503-485-2947 E-mail: osbge.info@state.or.us Web: www.oregon.gov/osbge

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