Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Certified companies, certified installers and certified inspectors shall:
(1) Maintain current technical and
administrative specifications and manuals, Nationally recognized codes and
standards, and State and Federal regulations which pertain to the categories
for which certification was issued. Nationally recognized organizations are
identified in §§
245.405,
245.504 and
245.604 (relating to codes and
standards; referenced organizations; and referenced organizations).
(2) Complete and submit to the Department a
Department-approved form certifying that the tank handling activity or
inspection activity conducted by the certified installer or certified inspector
meets the requirements in the act and this chapter and accurately describing
the conditions of the storage tank system and facility in accordance with the
following requirements:
(i) Submit a report
of an inspection activity to the Department within 60 days of conducting an
inspection activity, except for a report of modification inspection activities,
which must be reported to the Department within 30 days of conducting a
modification inspection activity.
(ii) Submit a report of a tank handling
activity to the Department within 30 days of conducting the tank handling
activity.
(iii) For tank handling
activities or inspection activities involving multiple certified individuals
and certification categories, submit a report of tank handling activities or
inspection activities within 30 days of the completion of all project tank
handling or inspection activities.
(3) Maintain complete records of tank
handling and inspection activities, nondestructive examination and testing
results and tightness testing records for a minimum of 10 years.
(4) Report the following to the Department
while performing services as a certified installer or certified inspector:
(i) A release of a regulated
substance.
(ii) Suspected or
confirmed contamination of soil, surface or groundwater from regulated
substances.
(iii) A regulated
substance observed in a containment structure or facility.
(5) Report to the Department a failed test of
spill prevention equipment, containment sumps and overfill prevention equipment
conducted as required in this chapter.
(6) As required under paragraphs (4) and (5),
notify the Department in writing within 48 hours of performing the failed test
or observing a release of a regulated substance, suspected or confirmed
contamination, or a regulated substance in a containment structure or facility
on a form provided by the Department. If the notification is being submitted
because of a failed valid tightness test, spill prevention equipment test,
containment sump test or overfill prevention evaluation, a copy of the test
results must also be provided to the Department with the notification
report.
(7) Perform certified
installer or certified inspector activities so that there is no release of
regulated substances or contamination of soil, surface or groundwater caused by
regulated substances from a storage tank system or storage tank
facility.
(8) Adhere to equipment
manufacturer's instructions, accepted industry standards and applicable
industry codes of practice when performing tank handling, tightness testing or
inspection activities or other nontank handling activities on the
project.
(9) Provide requested
records and documentation to the Department under section 107(c) of the act
(35
P.S. §
6021.107(c)).
(b) A company that employs an individual
certified in the UMX, UMR, UMI or UTT category or an individual certified in
the UMX, UMR, UMI or UTT category who is not employed by a certified company
shall participate in the Tank Installer Indemnification Program (TIIP) as
required under section 704(a)(1) of the act (35 P.S. §
6021.704(a)(1)) and shall
provide timely payment of TIIP fees as required under section 705(d)(1) and (e)
of the act (35 P.S. §
6021.705(d)(1) and
(e)) and §
977.19(b)
(relating to certified company fees for the Underground Storage Tank
Indemnification Fund).
(c)
Certified companies, certified installers and certified inspectors may not:
(1) Affix the certified installer's or
certified inspector's signature or certification number to documentation
concerning the installation or inspection of a component of a storage tank
system project or to documentation concerning tank handling or inspection
activity as required under the act and this chapter unless:
(i) The storage tank system project was
performed by the certified installer or under the installer's direct, onsite
supervision and control.
(ii)
Inspection activities were conducted on the storage tank system project by the
certified inspector, or under the inspector's direct, onsite supervision and
control.
(iii) Installation or
modification inspection activities were conducted on a large or
field-constructed aboveground storage tank and the certified inspector was
involved prior to the initiation of the project and was present at critical
times so that the inspector can reliably determine that all of the following
requirements were met:
(A) Industry standards
and project specifications were followed throughout the tank handling
activity.
(B) Appropriate testing
and nondestructive examinations were properly conducted.
(C) The tank is suitable for operational
service.
(2)
Certify to an owner or operator or the Department that a storage tank system
project or component thereof is complete unless it complies with the act and
this chapter. Project certification applies to certified activities and nontank
handling activities that may have been performed as part of the
project.
(d) A certified
installer or certified inspector shall display the Department-issued
certification identification card or certificate upon request.
(e) A certified company is responsible for
employees having appropriate safety and technical training. Certified
companies, certified installers and certified inspectors shall adhere to health
and safety procedures, such as those required by the Federal Occupational
Safety and Health Administration (OSHA) and the National Institute for
Occupational Safety and Health (NIOSH).
This section cited in 25 Pa. Code §
245.31 (relating to underground
storage tank system testing requirements); 25 Pa. Code §
245.108 (relating to suspension of
certification); and 25 Pa. Code §
245.123 (relating to suspension of
company certification).
