49-1082. Certification of underground storage
tank service providers; rules; suspension or revocation of
certification
A. Beginning from and after December 31, 1996, a person shall not perform tank
services on an underground storage tank system unless the person is certified in
accordance with this section and the rules adopted pursuant to this section, or is
supervised by a person certified in accordance with this section and the rules adopted
pursuant to this section.
B. The department shall not certify a person as a tank service provider until that
person completes the requirements of this section and the rules adopted pursuant to this
section. In accordance with subsection D, the supervisor is responsible for all persons
performing work under the direction of the supervisor and any violations of this section
or rules adopted pursuant to this section are attributable to the supervisor.
C. By January 1, 1997, the department shall adopt rules for the establishment and
maintenance of an underground storage tank service provider certification program. The
certification program shall include the submittal and verification of information that
the director determines is necessary to ensure that the tank service provider possesses
and maintains the essential knowledge, skills and work history to perform the service
effectively and in a manner that protects human health and the environment. The
department may establish separate certification methods for each area of tank service as
it is defined, and may define the duration of the certification period, which shall be at
least one year.
D. The department, on reasonable evidence, may suspend or revoke the certification
of any person who fails to maintain the standards established pursuant to this section or
who exhibits incompetence, negligence or fraud in performing the certified activity or in
other work relating to the certified activity. A person whose certification is revoked
or suspended pursuant to this subsection may appeal the decision pursuant to title 41,
chapter 6, article 10.
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