Current through Register Vol. 54, No. 44, November 2, 2024
(a)
The Department may suspend the certification of a certified installer or
certified inspector for good cause which includes:
(1) A violation of the act or this
chapter.
(2) Incompetency on the
part of the certified installer or certified inspector as evidenced by errors
in conducting duties and activities for which the certification in question was
issued.
(3) Failure to successfully
complete a training program required by the Department.
(4) A certified inspector's failure to:
(i) Inform the owner or operator and the
Department of conditions or procedures that are not in accordance with the
manufacturer's technical and procedural specifications for installation,
construction, modification or operation of the storage tank system or storage
tank facility and not in compliance with the act or this chapter.
(ii) Conduct, review or observe a test or
inspection activity required by the act or this chapter.
(iii) Submit a report of an inspection
activity to the Department within 60 days of conducting an inspection activity,
except for reports of modification inspection activities, which must be
reported to the Department within 30 days of conducting a modification
inspection activity. For inspection activities involving multiple certified
individuals and certification categories, reports of modification inspection
activities must be submitted within 30 days of the completion of all project
tank handling and inspection activities.
(5) A certified installer's failure to:
(i) Be present during tank handling
activities at the storage tank system or storage tank facility as required by
the act or this chapter.
(ii)
Conduct tank handling activities in accordance with the requirements in the act
or this chapter.
(iii) Submit tank
handling reports and activities to the Department within 30 days of conducting
the tank handling activities. For tank handling activities involving multiple
certified individuals and certification categories, the tank handling report
shall be submitted within 30 days of the completion of all project tank
handling and inspection activities.
(6) Working as a certified installer or
certified inspector in a certification category for which the person has failed
to obtain or maintain certification.
(7) Failure to meet one or more of the
standards of performance in §
245.132 (relating to standards of
performance).
(8) Submission of
false information to the Department.
(9) A violation of The Clean Streams Law, the
Air Pollution Control Act or the Solid Waste Management Act or regulations
promulgated under those statutes by the certified individual which causes
pollution, causes a threat of pollution or causes harm to the public health,
safety or welfare.
(10) Failure to
perform underground tightness testing activities and documentation in
accordance with §
245.31 (relating to underground
storage tank system testing requirements).
(b) The suspension of a certification in a
single category shall prevent the person from engaging in activities in all
categories of certification.
(c)
The Department may require that the person successfully complete a special
training program sponsored or approved by the Department designed to strengthen
the specific weakness in the certified installer's or certified inspector's
duties, as required under the act or this part identified in the suspension
order. Successful completion means attendance at all sessions of training and
attainment of the minimum passing grade established by the Department in the
approval of the training course under §
245.141 (relating to training
approval), for all sections of all qualifying tests given as part of the
training program.
(d) A certified
installer or certified inspector shall surrender certification documents to the
Department upon notification of suspension.
(e) The Department may reinstate the
certification if:
(1) The cause for the
suspension has been removed.
(2)
The person is competent to execute duties and responsibilities for which
certification was issued.
This section cited in 25 Pa. Code §
245.109 (relating to revocation of
certification).
