Current through Register Vol. 50, No. 3, March 20, 2024
A. In order to be
listed by the department as an approved RAC for work that is eligible for tank
trust fund reimbursement, persons shall submit, on a department-prescribed
application form, documentation demonstrating and verifying that they meet the
following minimum requirements:
1. the
applicant shall be licensed by the state of Louisiana Licensing Board for
Contractors with a specialty compatible with UST assessment/remedial
activities. A copy of the valid, unexpired license shall be provided in the
name of the applicant to be placed on the RAC list;
2. the applicant shall have a minimum of
$1,000,000 of contractors general liability insurance and a minimum of
$1,000,000 of coverage for an accidental and/or unexpected release(s) from a
UST system(s) and/or any other accidental releases related to site-specific RAC
activities. A valid, unexpired copy of the certificates of insurance coverage
must be provided in the name of the applicant to be placed on the RAC list and
with the department listed as an additional insured. Certificate of insurance
shall provide that the insurer shall give 30 days notice of cancellation to all
insured;
3. the applicants
employees shall comply with applicable Occupational Safety and Health
Administration (OSHA) training and certification requirements. A written
statement indicating compliance shall be provided;
4. the applicant shall have on staff, either
a registered engineer, licensed in the state of Louisiana, with expertise in
geotechnical engineering and hydrogeology or a geologist with expertise in
these fields. A copy of the current engineering registration or the college
transcripts for the geologists shall be provided;
5. the applicant shall sign a certification
statement certifying that the RAC will not accept an authorization for work
from an eligible tank trust fund participant if the RAC cannot begin work
within 72 hours of authorization. The certification shall include a commitment
that the RAC will retain documentation demonstrating compliance with this
requirement; and
6. the applicant
shall provide a job history and adequately demonstrate relevant experience in
environmental subsurface investigation and remediation at sites exhibiting
subsurface motor fuels contamination. A minimum of five jobs shall be
documented, and the applicant shall adequately demonstrate the following:
a. experience in oversight of installation of
groundwater monitoring wells and soil borings;
b. experience in developing and
sampling/monitoring groundwater monitoring wells;
c. experience in the oversight of physical
removal, treatment, and/or proper disposal of soils contaminated with
hydrocarbons or motor fuels;
d.
experience in the removal of free phase hydrocarbons from the subsurface;
and
e. proficiency with projects
that require design and installation/implementation of corrective action
programs for the purpose of remediating contaminated soils and/or groundwater
sites impacted by USTs.
B. In order to adequately demonstrate
required experience, as provided in Subparagraphs A.6.a-e of this Section, only
the applicant's experience, or the experience of a full-time employee of the
applicant, shall be considered. The experience of a subcontractor or person(s)
on retainer shall not be considered, and therefore, will not meet the
requirements of this Section.
C.
The RAC List will be updated once per quarter to include applicants who have
met the requirements of this Section. All new applications or annual updates
shall be submitted to the Office of Management and Finance by 4:30 p.m. on or
before the fifteenth day of March, June, September, and December.
D. Applicants who submit applications lacking
the documentation required in Subsection A of this Section shall be notified in
writing of the deficiencies.
E. Any
application that adequately demonstrates the requirements of Subsection A of
this Section shall be submitted to the administrative authority for approval.
Upon approval by the administrative authority the applicant shall be included
on the approved RAC list.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2194(C) and
2195.10.
