Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-3 - ENVIRONMENTAL PROTECTION
Subject 391-3-20 - ENHANCED INSPECTION AND MAINTENANCE
Rule 391-3-20-.09 - Inspection Station Requirements
Universal Citation: GA Rules and Regs r 391-3-20-.09
Current through Rules and Regulations filed through March 20, 2024
(1) Classes of stations - There shall be two classes of inspection stations: regular inspection stations and fleet inspection stations. Regular inspection stations shall be public inspection stations and may inspect no more than ten (10) vehicles per year which are owned incidental to the operation of the business.
(a) Regular Inspection Stations
1. A regular inspection station is authorized
to inspect any vehicle subject to the I/M Program.
(b) Fleet Inspection Stations
1. Vehicle owners who operate a fleet vehicle
may apply for a Certificate of Authorization under this Chapter to inspect
their own fleet vehicles, but must meet certain additional requirements beyond
those established for public regular inspection stations. Fleet inspection
stations are only allowed to inspect fleet vehicles that they own or operate.
No inspection of public vehicles is allowed by a fleet inspection
station.
(2) General Requirements for Inspection Stations
(a) Persons wishing to obtain or renew a
Certificate of Authorization to operate one or more inspection stations shall
apply to EPD in a format established by EPD. One application must be submitted
for each inspection station. Each application shall include all information
required by the Director to determine that the proposed inspection station will
meet the requirements of the Act and this Chapter and shall identify all
persons having any ownership, financial and/or operational interest in the
station. Additional information that may be requested includes, but is not
limited to:
1. Explicit permission of all
persons having any financial or operational interest in the station, as named
in the application, authorizing the director to conduct a background check,
including criminal history, on the named individuals;
2. Facility purchase or lease
agreement(s);
3. Georgia Analyzer
System (GAS) purchase or lease agreement(s);
4. Proof of a filed bond or a copy of
accepted certificate of liability insurance;
5. Copy of approved business license or
application for same showing signature(s) of the business owner(s);
and
6. Other documents as deemed
necessary by EPD to determine all persons having any ownership, financial
and/or operational interest in the inspection station.
(b) A station owner shall obtain all permits
and licenses necessary for the establishment of each inspection station. The
station shall conform to all applicable federal, state and local code
requirements including, but not limited to, planning and building codes, carbon
monoxide levels, ventilation, safety, and fire regulations. All permits,
licenses, leases, and/or other requirements for the station shall be maintained
for the duration of the Certificate of Authorization. An update shall be filed
with the Management Contractor, in a format approved by EPD, no later than the
next business day for any change in the information in or submitted with the
application and/or any change in the permits, licenses and/or other
requirements for the station.
(c)
Mobile Georgia Analyzer Systems (GAS)
1. EPD
may approve a station owner to operate a mobile GAS only at a fleet or car
dealer location for the purpose of performing emission inspections only on
fleet vehicles subject to the I/M Program that are owned or operated by that
fleet or car dealer. A public inspection station owner with an approved mobile
test system shall make all invoices submitted to fleet owners and/or car
dealers for emission inspections using a mobile test system available to EPD or
the Management Contractor.
2. A
station owner that has been approved to operate a mobile GAS at a fleet or car
dealer location shall comply with all requirements for mobile inspecting as
established in these rules. A station owner that has been approved to operate a
mobile GAS shall provide the Management Contractor and EPD, if directed to do
so by EPD, with advance notice of scheduled emission inspections of fleet or
car dealer locations by 2 PM of the previous business day and shall update such
notice as the schedule is changed. The station owner may delete locations from
the schedule of fleet or car dealer locations after 2 PM of the previous
business day, but may not add fleet or car dealer locations to the schedule.
EPD may approve an alternate procedure that provides equivalent quality
assurance in lieu of a submitted schedule.
3. A public inspection station owner that has
received an approval to operate a mobile GAS shall not perform emission
inspections on public vehicles at a location other than at the public
inspection station location identified on the Certificate of
Authorization.
(d) Public
inspection station owners shall provide an area adequate to allow four (4)
vehicles per inspection lane to wait for an emissions inspection.
(e) A public inspection station owner shall
display a sign approved by EPD that indicates that the facility is a
State-Certified Emissions Inspection Station and that shows the fee charged for
performing the emission inspection. The station owner shall erect the sign in a
location visible to the motoring public. All sign locations must meet State and
local code requirements. Signs that are illegible, damaged or contain
unapproved modifications shall be replaced with an approved sign.
(f) Lanes at each inspection station must be
of adequate length, width, and height to accommodate all normal-sized vehicles
which are presented for inspection.
(g) A station owner shall provide adequate
protection for the GAS to allow it to operate within specifications in all
weather conditions. Any component of the GAS, which could affect the emission
inspection results, shall not be subjected to temperatures outside the
manufacturer's specifications. The station owner shall maintain all GAS in
fully operational condition.
(h) A
public inspection station owner shall provide to its customers:
1. a public waiting area, which will allow
the motorist to observe the emissions inspection of his or her
vehicle;
2. a response to inquiries
and complaints in person and over the telephone during business
hours;
3. EPD public information
materials:
(i) The current, quarterly
RepairWatch Public Report provided by EPD or the Management Contractor on
repair facilities that have a documented history of emission related repairs on
vehicles which have failed the emission inspection;
(ii) The program Motorist Rights Poster
provided at the time of station certification; and
(iii) The program Q&A brochure.
(iv) The station owner shall maintain such
item(s) in legible condition and either posted or made available for motorists'
uninhibited viewing.
(i) A station owner shall:
1. be responsible for all emission
inspections conducted at the inspection station(s);
2. be responsible for providing adequate
oversight to ensure the station and station personnel comply with the
requirements of the Act and this Chapter;
3. obtain and maintain in working order a
secure static internet connection for each GAS at the station to connect to the
VID;
4. transmit all vehicle
inspection data and quality assurance data that is collected to the
VID;
5. ensure that the GAS is
connected to the secure static internet connection at all times, except in the
case of a mobile or mobile capable GAS operating offsite at a fleet or car
dealer location which shall be connected to the data transmission line within
72 hours of any emission inspection;
6. ensure that the mobile capable GAS shall
have the GAS connected at all times to a secure static internet connection
while being used as a non-mobile GAS.
7. collect, store and submit to the
Management Contractor all Emission Repair Forms for each reinspection performed
at the inspection station;
8.
obtain and maintain in legible condition any published OBD DLC Location Chart
available or copy which is available on the GCAF website-
www.cleanairforce.com , at
each station;
9. obtain and
maintain at all times in legible condition a current copy of the Emissions
Inspector Certification Training Program Manual, Version 1.4 or later provided
during inspector certification or copy which is available on the GCAF
website-www.cleanairforce.com , at each
station; and
(j) The
station owner shall pay a per-paid-inspection program administration fee. This
fee will be collected through the sale of E-Certs or other method determined by
the Director. This fee will cover the cost to administer the program,
including:
1. the services of the Management
Contractor,
2. the cost of EPD
administration,
3. the cost to
affected county tax offices of monitoring vehicle registrations, and
4. any other costs allowed by the
Act.
(k) Liability
Insurance
1. Inspection station owners,
except fleet inspection station owners, conducting inspections on vehicles as
defined in this Chapter shall provide proof of $100,000 bond or liability
insurance for the period of the Certificate of Authorization.
2. Inspection station owners shall notify the
Management Contractor no later than the next business day upon termination of
or any change in insurance coverage.
(l) Hours of Operation
1. Public inspection station owners shall
post the inspection station hours of operation, including hours regularly
closed for meals if applicable, on the inspection station's State-Certified
Emissions Inspection Station sign. Inspection station owners shall provide
emissions inspections at all times during the posted hours. Public inspection
station owners may provide inspections by appointment only but shall notify the
Management Contractor and indicate such on the station's State-Certified
Emissions Inspection Station sign.
2. The station owner shall post a "Closed"
sign over the station's State-Certified Emissions Inspection Station sign when
the inspection station is closed and unstaffed during posted
hours.
(m) A public
inspection station owner shall display the Certificate of Authorization issued
to the inspection station pursuant to this Chapter at said inspection station
in a convenient location visible to the public.
(n) Whenever an inspector ceases employment
with an inspection station, either through resignation, termination, or by
other means, the station owner shall notify the Management Contractor, in a
format approved by EPD, within three (3) business days of the inspector ceasing
employment.
(o) No station owner,
facility owner, station personnel, or facility personnel shall interfere with
EPD or the Management Contractor when they are conducting an audit of the
inspection station or GAS(s), or when they are conducting an investigation of
the emission inspection activities at a station or at any facility claiming or
appearing to be an emission inspection station.
(p) During an audit of the inspection station
or GAS(s) by EPD or the Management Contractor, or during an investigation of
the emission inspection activities at a station, the station owner shall:
1. provide prompt access to the premises, at
reasonable times, where inspections are performed and to the GAS(s);
2. provide prompt access to all station
related documents and materials necessary to complete the audit or
investigation; and
3. provide
prompt assistance in operating and calibrating the GAS(s) as necessary to
facilitate the audit or investigation, or sign a release of liability that
allows EPD or the Management Contractor to operate and calibrate the GAS(s)
during the audit or investigation.
(q) The station owner shall maintain a
current mailing address, telephone number, email address and other contact
information on file with EPD so that EPD may communicate with the owner on all
matters regarding the station, including compliance and enforcement issues. The
station owner may designate, in the station application or a written update
thereto, another person to receive such communication from EPD. In that case,
the station owner shall also provide that person's contact information,
including email address, will be presumed to have received all communications
from EPD through the person he or she has designated, and remains responsible
for compliance with the requirements of the Act and this
Chapter.
(3) Additional Requirements for Fleet Inspection Stations.
(a) The administrative fee charged to fleet
inspection stations shall be at least as much as the fee charged to public
inspection stations. This fee may be increased to cover any additional cost of
increased monitoring requirements for fleet inspection stations.
(4) Quality Assurance for Fleet Vehicles.
(a) EPD or the Management Contractor
may require fleet inspection stations and mobile inspection stations while
on-site to re-inspect randomly selected fleet or car dealer vehicles to verify
that emissions inspections are being performed properly.
(b) EPD may require fleet inspection stations
and mobile inspection stations to install a video camera surveillance system on
the GAS to record all emissions inspections.
O.C.G.A. § 12-9-40, et seq., as amended.
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