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
• Oregon Geologist Licensure
• Ethics and Professional Practice
• Water Resources Connections
• Conclusion
Introduction
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)
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?
Oregon Geologist
Licensure
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
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”
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
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.
2009 Board Members
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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
Organizational Functions
• License Registrants and Screen Applicants
 Experience & Education
 Standardized Examinations
• Compliance
• Interpret Statutes (ORS)
• Promulgate Rules (OAR)
• Consult with Attorney General’s Office
Certifications
• Geologist-in-Training (GIT)
• Registered Geologist (RG)
• Certified Engineering Geologist (CEG)
Licensing Requirements
University
Study
Geology-related degree or
45 quarter hrs of geoscience
Fundamental
Geology
Examination
GIT
Minimum: 70% passing score
on nationally standardized
exam (ASBOG Exam)
Work
Experience
5 years post-bac. experience
Practice
Geology
Examination
RG
Minimum: 70%
passing score
(ASBOG Exam)
Engineering
Geology
Examination
CEG
Standardized Testing
Association 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?
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
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Federal employees working on employment-related
projects
University professors working on employmentrelated teaching and research
Private citizens providing testimony at public
hearings as part of their free-speech rights
Compliance
• Common Complaints
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Practice without a license
Unstamped work products
Poor quality workmanship
Fraud, negligence, deceit
Avg. ~8-10 cases/year
• Enforcement Actions
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Letter of concern
Peer review and mentoring
Civil penalties (max $1,000 per violation)
License revocation
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
Ethics and Professional Practice
A clash of ego, competitive markets, and profits…
Key Ethical Concepts
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“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”
License Revocation Case Study
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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
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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
South Salem Hills
Domestic Groundwater Supply
Hydrogeologic Setting
• Hillslope surface terrain
•Valley-margin slopes characterized by
landslide terrain and colluvium
Marine
Sedimentary
Rocks
Columbia River
Basalt
• 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
South Salem Hills
CRB
“Marine Sedimentary”
Qal “Willamette Aquifer”
Complaint and Investigation Process
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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:
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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
Other Recent Compliance Examples
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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
Water Resources Connections:
Case Example “River Restoration”
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
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”?
More questions for thought…
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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?
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 multidisciplinary team approach
OWEB (1999) Watershed Assessment Manual
Watershed Project
Activities Involving the
Practice of Geology
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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
Strategy for Upholding State Licensing Laws
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Build Collaborative Multidisciplinary Teams
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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
Conclusion
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Water resource projects require a multidisciplinary 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
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