NEWS FROM THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Jan. 20, 2009
Vol. 39, No. 17

For more information contact Dave Schepens, Division of Water Resources, Ground Water Discharges Section, 302-739-9948; or Melanie Rapp, Public Affairs, 302-739-9902.

DNREC Issues Secretary’s Order Suspending Class-D Soil Scientist License

Department of Natural Resources and Environmental Control Secretary John A. Hughes has issued a Secretary’s Order suspending the Class-D license for 13 months of Bruce B. Bagley of Barclay, Md., for failure to perform the duties of a licensee.

The Department issues Class-D licenses to soil scientists to perform tasks such as feasibility studies, site soil evaluations, and percolation, permeability and hydraulic conductivity tests. The licenses are subject to approval from the On-Site Systems Advisory Board, which serves at the discretion of DNREC’s Secretary and provides advice on the department’s issuance of Class-D licenses and other license matters.

Mr. Bagley’s license is suspended for documented errors and discrepancies that occurred over a two year period regarding work submitted to DNREC’s Ground Water Discharges Section. On Feb. 6, 2006, DNREC sent a Manager’s Warning to Mr. Bagley listing 18 site evaluations which revealed errors and discrepancies in site evaluation reports, plot drawings, soil profile notes, and fieldwork. On July 31, 2008, DNREC sent a second Manager’s Warning to Mr. Bagley citing 29 site evaluation discrepancies including site evaluation sketches, soil profile notes, site evaluation approvals and reports, soil feasibility studies and observation well data.

Mr. Bagley appeared at two On-Site Systems Advisory Board meetings held March 1, 2006 and Sept. 3, 2008 and reviewed the lists of complaints and department warnings. On Sept. 3, 2008, the Board voted to recommend Mr. Bagley’s license suspension.

Mr. Bagley has 20 days after receipt of the Order to appeal the suspension to the Environmental Appeals Board.

The Secretary’s Order can be found on DNREC’s website at http://www.dnrec.delaware.gov/Info/Pages/SecOrders.aspx.