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.

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.