INNOVATION July-August 2015

d i sc i p l i ne and en forcemen t Disciplinary Notice – Victor Herbert Proctor, P.Eng., Victoria, BC The Allegations APEGBC received two complaints concerning the professional conduct of Mr. Proctor. The complaints related to his design and field reviews of an onsite sewerage system and a Storm Water Management Plan (SWMP), respectively. Both matters were investigated by a designated reviewer and subsequently referred to APEGBC’s Investigation Committee. The Investigation Committee recommended that a disciplinary inquiry be held in respect of both complaints. Mr. Proctor was subsequently served with two Notices of Inquiry. In the first Notice of Inquiry it was alleged that Mr. Proctor demonstrated unprofessional conduct in his design and field reviews of an onsite sewerage system. More specifically, it was alleged that he had submitted a Filing of Sewerage System and a Sewerage System Letter of Certification to the Vancouver Island Health Authority without appropriate soils testing on file and in the absence of setback distances and topographical information. It was also alleged that Mr. Proctor had behaved contrary to the Engineers and Geoscientists Act ( Act ) by refusing to do any repairs on the property until the property owner provided APEGBC with signed letters expressing a desire to withdraw any complaints the owner had made. In the second Notice of Inquiry Mr. Proctor was charged with unprofessional conduct with regard to his design and field reviews of an SWMP. Mr. Proctor filed a signed and sealed British Columbia Building Code (BCBC) Schedule B, dated June 22, 2011, with a drawing of a single-infiltration-chamber system. On June 24, 2011, he signed, sealed and filed a BCBC Schedule C-B confirming the installation of a single-infiltration-chamber system and indicating he had conducted field reviews. However, it was alleged that Mr. Proctor contravened APEGBC bylaws by not retaining documentation of his field review(s) related to the SWMP. It was further alleged that Mr. Proctor violated the Act by providing the District with inaccurate and misleading responses as to the specifications of the SWMP. On July 25, 2012, Mr. Proctor informed the District that a two-infiltration- chamber SWMP was in place. On January 22, 2014, Mr. Proctor informed the District that a five-infiltration-chamber SWMP had been installed. The Penalty and Costs In lieu of proceeding to a disciplinary inquiry, APEGBC and Mr. Proctor agreed to resolve these matters by way of a Consent Order. Mr. Proctor admitted to all of the above allegations, as set out in the Notices of Inquiry, and accepted the following penalty: 1. He will be reprimanded; 2. He will pay a fine to APEGBC in the amount of $4,000; 3. He will pay APEGBC’s legal costs for this matter up to a maximum of $1,800; 4. He will submit all of his work with wastewater treatment and disposal systems and with SWMPs to peer review for

existing projects involving wastewater treatment and disposal systems and/or SWMPs to another professional engineer; 6. He may apply to APEGBC for the removal of the above practice restrictions upon demonstrating that he has successfully completed further training in wastewater treatment and disposal systems and SWMPs, in conjunction with a supporting report from his Peer Reviewer(s) that is acceptable to APEGBC; and 7. If Mr. Proctor fails to satisfy any of the above conditions, his APEGBC membership will be suspended until such time as the situation is rectified and he is in complete compliance. v Disciplinary Notice – Elwyn Robert Burch, P.Eng., Courtenay, BC A Notice of Inquiry was issued to Mr. Burch regarding his provision of professional engineering services during the period from November 2013 to January 2014 with respect to a sewerage system for a property in Comox, BC. In lieu of proceeding to a disciplinary inquiry, Mr. Burch agreed to a Consent Order dated May 27, 2015. In the Consent Order, Mr. Burch admitted that he demonstrated unprofessional conduct by preparing and filing engineering documents with the Vancouver Island Health Authority in circumstances in which he knew or ought to have known that those documents were inaccurate and not consistent with the requirements of the Sewerage System Regulation . In particular, Mr. Burch’s hydrogeology report contained conclusions that were not supported by reasonable factual or scientific bases. As part of the Consent Order, Mr. Burch accepted a reprimand and agreed that he will: (a) immediately cease and desist from all of the following practices: (i) designing sewerage systems; (ii) acting as an “authorized person” under the Sewerage System Regulation ; (iii) providing hydrogeological advice or services to any person; (iv) advertising his name on the “ Professionals for Sewerage System Regulation ” list published on APEGBC’s website; and (v) representing himself as a “Wastewater Engineer” in any oral or written communication; and, (b) undergo a practice review at his own expense. Mr. Burch may in the future apply to APEGBC’s Discipline Committee for the lifting or variation of the practice restrictions upon providing proof that he has successfully completed further training and education in hydrogeology and in designing sewerage systems. If Mr. Burch fails to comply with any of the orders, his membership in APEGBC will be suspended until he is in full compliance with those orders. Consent Orders and notices of inquiry and determination are posted on APEGBC’s website. Further information on APEGBC’s investigation and discipline processes can be found at apeg.bc.ca or by contacting us at 604.412.4869 or complaints@apeg.bc.ca. v

at least 12 months or for six projects of each type, whichever may be longer;

5. If a Peer Reviewer is not appointed in accordance with the Consent Order, Mr. Proctor shall transfer all of his

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