Just the Facts: Licensing, Compliance, & the Role of the State Board of Geologists

Applications to the Water ResourcesProfession in Oregon

Steve Taylor, ChairOregon State Board of Geologist Examiners

Associate Professor GeologyWestern Oregon University

• Introduction

• Oregon Geologist Licensure

• Ethics and Professional Practice

• Water Resources Connections

• Conclusion

Introduction

Geoscience in the U.S.Geoscience in the U.S.

Scientific history rooted in the study of natural Scientific history rooted in the study of natural resources, river systems are a traditional focusresources, river systems are a traditional focus

John Wesley Powell: 1869 tour of Grand CanyonJohn Wesley Powell: 1869 tour of Grand Canyon

• 1881 appointed second director of USGS1881 appointed second director of USGS• Geologic studies and topographic mapping Geologic studies and topographic mapping • Investigations of rivers and water resourcesInvestigations of rivers and water resources

Georef Citations: Keywords “river or fluvial” Georef Citations: Keywords “river or fluvial” >198,000 entries dating back to 1801 (AGI, 2007)>198,000 entries dating back to 1801 (AGI, 2007)

• 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?

Focus Questions

Oregon GeologistLicensure

Purpose of Professional Licensing: Purpose of Professional Licensing:

To provide 3To provide 3rdrd party validation of the party validation of the qualifications of an individual practitioner to qualifications of an individual practitioner to perform work-related tasksperform work-related tasks

• Establish minimum levels of competency and Establish minimum levels of competency and knowledgeknowledge

• Set standards of practice in the communitySet standards of practice in the community

• Promote ethics and accountabilityPromote ethics and accountability

Oregon Board of Geologist Examiners

• “…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”

• 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”

Who Are We?Who Are We?

• Semi-independent board / Governor-appointedSemi-independent board / Governor-appointed• Fee supported / self-sustainingFee supported / self-sustaining• 4 professional members, 1 community member, 4 professional members, 1 community member,

State Geologist serves non-voting State Geologist serves non-voting ex officioex officio

Board ObjectivesBoard Objectives• To license professionals engaged in the public To license professionals engaged in the public

practice of geologypractice of geology

• To respond to complaints from the public and To respond to complaints from the public and professionprofession

• To educate the public and communicate with To educate the public and communicate with regulatory agenciesregulatory agencies

• To cooperate with related Boards and To cooperate with related Boards and Commissions Commissions

• To promote professional ethicsTo promote professional ethics

• To provide systematic outreach to counties, cities, To provide systematic outreach to counties, cities, and registrants. and registrants.

2009 Board Members2009 Board Members

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

Susanna Knight, AdministratorSusanna Knight, Administrator

Organizational FunctionsOrganizational Functions

• License Registrants and Screen ApplicantsLicense Registrants and Screen Applicants Experience & EducationExperience & Education Standardized ExaminationsStandardized Examinations

• ComplianceCompliance• Interpret Statutes (ORS)Interpret Statutes (ORS)• Promulgate Rules (OAR)Promulgate Rules (OAR)• Consult with Attorney General’s OfficeConsult with Attorney General’s Office

CertificationsCertifications• Geologist-in-Training (GIT)Geologist-in-Training (GIT)• Registered Geologist (RG)Registered Geologist (RG)• Certified Engineering Geologist (CEG)Certified Engineering Geologist (CEG)

UniversityStudy

FundamentalGeology

Examination

WorkExperience

PracticeGeology

ExaminationEngineering

GeologyExamination

UniversityStudy

FundamentalGeology

Examination

WorkExperience

PracticeGeology

ExaminationEngineering

GeologyExamination

Licensing RequirementsLicensing RequirementsGeology-related degree or45 quarter hrs of geoscience

5 years post-bac. experience

Minimum: 70% passing score on nationally standardized exam (ASBOG Exam)

Minimum: 70% passing score(ASBOG Exam)

GIT

RG

CEG

Standardized TestingStandardized TestingAssociation of State Boards of GeologyAssociation 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

Who must be licensed?Who must be licensed?

Individuals engaged in the public practice of Individuals engaged in the public practice of geology: “performance for another of geology: “performance for another of geological service or work”geological service or work”

• Individuals preparing reports of existing documents Individuals preparing reports of existing documents and acting as scrivenersand acting as scriveners

• Federal employees working on employment-related Federal employees working on employment-related projectsprojects

• University professors working on employment-University professors working on employment-related teaching and researchrelated teaching and research

• Private citizens providing testimony at public Private citizens providing testimony at public hearings as part of their free-speech rightshearings as part of their free-speech rights

Exemptions:

ComplianceCompliance

• Common ComplaintsCommon Complaints Practice without a licensePractice without a license Unstamped work productsUnstamped work products Poor quality workmanshipPoor quality workmanship Fraud, negligence, deceitFraud, negligence, deceit Avg. ~8-10 cases/yearAvg. ~8-10 cases/year

• Enforcement ActionsEnforcement Actions Letter of concernLetter of concern Peer review and mentoringPeer review and mentoring Civil penalties (max $1,000 per violation)Civil penalties (max $1,000 per violation) License revocationLicense revocation

Who files complaints?Who files complaints?

• Peer professionals, reporting from within Peer professionals, reporting from within community; “the geologist shall report”community; “the geologist shall report”

• Regulatory/permit managers (e.g. DEQ, BLM)Regulatory/permit managers (e.g. DEQ, BLM)

• Disgruntled clients; opposing publicDisgruntled clients; opposing public

• Anonymous tips, internal board investigationsAnonymous tips, internal board investigations

Ethics and Professional PracticeA clash of ego, competitive markets, and profits…

Key Ethical ConceptsKey Ethical Concepts

• ““public practice of geology”public practice of geology”

• ““geology”, “engineering geology”geology”, “engineering geology”

• ““false impersonation”false impersonation”

• ““false or forged evidence”false or forged evidence”

• ““deceit: portraying something as true that is untrue:deceit: portraying something as true that is untrue:

• ““fraud: intentional perversion of the truth”fraud: intentional perversion of the truth”

• ““negligence: failure to exercise care, skill, and diligence”negligence: failure to exercise care, skill, and diligence”

• ““gross negligence: reckless disregard for exercising care”gross negligence: reckless disregard for exercising care”

• ““incompetence: unsuitability for effective action”incompetence: unsuitability for effective action”

• ““misconduct – violation of laws, rules, or code of ethicsmisconduct – violation of laws, rules, or code of ethics

• ““threat to the public health, welfare, or property”threat to the public health, welfare, or property”

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

Columbia RiverBasalt

MarineSedimentary

Rocks

Qal “Willamette Aquifer”

South Salem HillsDomestic Groundwater Supply

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 + CRBpolygon area

CRB

“Marine Sedimentary”

South Salem Hills

Complaint and Investigation ProcessComplaint and Investigation Process

• RG conducted Hydrogeology Review for client, determined RG conducted Hydrogeology Review for client, determined <90% of aquifer recharge would be effected by development<90% of aquifer recharge would be effected by development

• Neighbors opposing development filed a complaint of Neighbors opposing development filed a complaint of inaccurate work and unethical behavior by RG.inaccurate work and unethical behavior by RG.

• Geology Board conducted investigation with peer reviewers; Geology Board conducted investigation with peer reviewers; results of investigation:results of investigation: Hydrogeology Review did not include adequate geologic mapHydrogeology Review did not include adequate geologic map Not all wells in area were identified and included in analysisNot all wells in area were identified and included in analysis RG allowed the clients to compile well log informationRG allowed the clients to compile well log information RG skewed precipitation data to achieve the <90% threshold resultRG skewed precipitation data to achieve the <90% threshold result RG altered published geologic maps to change map polygon areas RG altered published geologic maps to change map polygon areas SGO Hydrogeology Review was intentionally biased to favor a SGO Hydrogeology Review was intentionally biased to favor a

positive outcome for the developers (i.e. “geolgist for hire”)positive outcome for the developers (i.e. “geolgist for hire”)

• Board Action: License RevocationBoard Action: License Revocation

Other Recent Compliance ExamplesOther Recent Compliance Examples

• Consulting soil scientists practicing engineering geologyConsulting soil scientists practicing engineering geology

• Unregistered “environmental consultant” conducting Unregistered “environmental consultant” conducting subsurface contamination assessmentssubsurface contamination assessments

• RG making geotechnical recommendationsRG making geotechnical recommendations

• Former USFS employee completing BLM mine permitsFormer USFS employee completing BLM mine permits

• Colleagues stamping work with the seal of an RG who was out Colleagues stamping work with the seal of an RG who was out of the officeof the office

• Office manager using a photocopy of an RG stampOffice manager using a photocopy of an RG stamp

• Web sites of unlicensed environmental consultants claiming Web sites of unlicensed environmental consultants claiming expertise with geologic work in the state of Oregonexpertise with geologic work in the state of Oregon

• Experienced out-of-state geologists practicing in Oregon Experienced out-of-state geologists practicing in Oregon without a licensewithout a license

Water Resources Connections:Case Example “River Restoration”

Census of U.S. River Restoration Projects

National River RestorationSynthesis Database

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)

Philosophical Questions in Areas of “Overlap Practice”

• What is the “practice of geology”?What is the “practice of geology”?

• What is engineering geology?What is engineering geology?

• What is engineering?What is engineering?

• How do hydrology and physical geography fit in?How do hydrology and physical geography fit in?

• What about “environmental science”?What about “environmental science”?

• Is applied fluvial geomorphology part of the Is applied fluvial geomorphology part of the geoscience profession? civil engineering? geoscience profession? civil engineering? geography? geography?

• Is log placement for habitat restoration in stream Is log placement for habitat restoration in stream channels applied fluvial geomorphology? channels applied fluvial geomorphology? engineering geology? civil engineering? or a engineering geology? civil engineering? or a combination of all of the above?combination of all of the above?

• Where does ecological engineering fit in? What Where does ecological engineering fit in? What about water resources engineering?about water resources engineering?

More questions for thought… More questions for thought…

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

OWEB (1999) Watershed Assessment Manual

River management projects require a multi-disciplinary team approach

Watershed Project Activities Involving the Practice of Geology

• Map / air photo interpretation of geologic featuresMap / air photo interpretation of geologic features• Geologic and geomorphic mappingGeologic and geomorphic mapping• Geomorphic analysis (processes and landforms)Geomorphic analysis (processes and landforms)• Interpretation of the geologic recordInterpretation of the geologic record• Hydrogeology and aquifer characterizationHydrogeology and aquifer characterization• Engineering geology (erosion and slope stability)Engineering geology (erosion and slope stability)• Evaluation of geologic hazardsEvaluation of geologic hazards

Strategy for Upholding State Licensing Laws Strategy for Upholding State Licensing Laws

• Build Collaborative Multidisciplinary TeamsBuild Collaborative Multidisciplinary Teams Registered GeologistsRegistered Geologists Professional EngineersProfessional Engineers Ecologists / BiologistsEcologists / Biologists Hydrologists / GeographersHydrologists / Geographers

• Barriers to CollaborationBarriers to Collaboration Small projects with team-size limitationsSmall projects with team-size limitations Low profit margins, limited marketsLow profit margins, limited markets Ego, long-standing divisions amongst the professionsEgo, long-standing divisions amongst the professions

ConclusionConclusion

• Water resource projects require a multi- Water resource projects require a multi- disciplinary team approach with a diverse array of disciplinary team approach with a diverse array of specialists (represented here today)specialists (represented here today)

• Under Oregon state law, geologic components of Under Oregon state law, geologic components of watershed projects require a registered geologist watershed projects require a registered geologist or engineering geologistor engineering geologist

• Given the inherent overlap between natural Given the inherent overlap between natural resource disciplines, OSBGE recognizes the need resource disciplines, OSBGE recognizes the need for professional alliances to ensure public welfarefor professional alliances to ensure public welfare

… … outreach and discussion is a key componentoutreach and discussion is a key component

Contact OSBGEContact OSBGE

For more information:

Susanna Knight, AdministratorOregon State Board Geologist Examiners1193 Royvonne Avenue SE #24Salem OR 97302

Phone: 503-566-2837 Fax: 503-485-2947

E-mail: osbge.info@state.or.usWeb: www.oregon.gov/osbge