Current through September 24, 2024
(1) DCAC(s) are not beneficiaries of the
DCERF and shall have no right of claim against it. Any and all claims shall be
against the applicant who hired the DCAC. An applicant can assign its rights to
reimbursement from the DCERF to its DCAC for reimbursement amounts arising
under the contract.
(2) Neither an
applicant nor the applicant's DCAC shall file false or inaccurate information
with the Commissioner. Both the applicant and the applicant's DCAC are required
to follow the methods and procedures established by the Commissioner for
actions related to, but not limited to, release response, facility inspections,
investigations, and remediation of sites. The applicant is required to compile
and maintain copies of all technical or other documentation and reports
required by the Commissioner in the event that the DCAC ceases to
exist.
(3) A DCAC shall be a
person, as defined in Rule
0400-15-03-.02, responsible for
conducting and overseeing the inspection, investigation, or remediation of a
site in the DCERP. The Commissioner shall establish and maintain a list of
DCACs according to this rule. The DCAC list shall have three categories. There
shall be one category for DCACs approved to perform facility inspections, a
second category for DCACs approved to perform investigative work, and a third
category for DCACs approved to perform remediation work. There may be one DCAC
for facility inspection, another DCAC for site investigation, and one or more
DCAC(s) for remediation of the site. A person may apply to qualify for multiple
DCAC categories.
(4) A person may
be approved to perform DCERF eligible work upon satisfying the following:
(a) The person submits a written application
to become a DCAC to the Commissioner in a format determined by the
Commissioner. The application shall include, as applicable, the following and
any other information requested by the Commissioner:
1. The organizational history of the person;
years in business; location of offices; form of business (e.g., sole
proprietor, partnership, corporation); and a list of officers and principals
including their mailing addresses and telephone numbers;
2. A copy of the latest audited annual
financial statement or other approved alternate proof of financial
stability;
3. Proof of insurance as
required in subparagraph (5)(l) of this rule with the the Department listed as
an additional insured;
4. If
applying to be included in the remediation category, a copy of the certificate
documenting that the person has a valid Tennessee Contractor's License with a
Specialty Classification to perform remediation of hazardous substance or
hazardous waste sites or the equivalent with a monetary limitation of at least
$500,000;
5. A detailed
organizational chart showing only the employee names and titles that will
perform work under the DCERP, a description of the project organization
relating to staff that will perform work under the DCERP, and an indication of
which staff, by job title and location, will perform which services;
6. A resume for each person listed on the
organizational chart and submitted as follows:
(i) All resumes must be organized in sections
by office location so that it is clear which personnel work from which office
location;
(ii) All resumes must
include, at a minimum, the following information:
(I) A description of the education of the
person including the school and year graduated, degree and major area of study,
and specialized training including, but not limited to, health and safety
training;
(II) The current
position, title, and applicable licenses and registrations which the person
holds. For example, if a person is listed on the organizational chart as an
engineer, that person must have a Tennessee Professional Engineer License
number or an Engineer Intern number listed on the resume. Any geologist listed
on the organizational chart must have a Tennessee Geologist Registration number
on the resume;
(III) A detailed
employment history of the person including, but not necessarily limited to, the
number of years and type of experience, description of job duties for each
position held, and names of companies for which the individual has worked;
and
(IV) List the sites on which
the employee worked and describe the activities and duties performed by the
employee, such as facility inspections, investigation, or remediation
activities related to contamination resulting from the release of dense
non-aqueous solvents or products, excluding polychlorinated biphenyls
(PCBs);
7. A
description of the person's DCAC experience that includes the following:
(i) If the person desires to be approved to
perform facility inspections, descriptions of a minimum of three different
facility inspections or facility audits performed by the current person's staff
during the past three years at facilities which use or have on-site dense
non-aqueous solvents or products, excluding PCBs;
(ii) If the person desires to be approved to
perform investigations at sites in the DCERP, descriptions of a minimum of
three different investigations of contamination resulting from the release of
dense non-aqueous solvents or products, excluding PCBs, in soil or groundwater,
which current company staff has performed in the past three years;
(iii) If the person desires to be approved to
perform remediation phase work at sites in the DCERP, descriptions of a minimum
of three different soil or groundwater remediation projects involving
contamination resulting from the release of dense non-aqueous solvents or
products, excluding PCBs, which current company staff have performed in the
past three years. Remediation phase work includes, but is not limited to,
preparing work plans and cost estimates for remedial phase work; designing,
conducting, and evaluating remedial pilot tests and associated data findings;
writing and amending Remedial Alternatives Study reports or other remediation
phase documents that may be requested by the Commissioner; designing,
conducting, evaluating, and monitoring full-scale remediation site work; and
implementing full-scale plans of remediation;
(iv) If a person desires to be approved for a
combination of facility inspection, site investigation, and site remediation, a
minimum of three sites for each category for which the person is applying;
and
(v) In these descriptions,
state the duties performed, type of facility inspected, contaminants
investigated or remediated, results of the inspection, investigation or
remediation, and other pertinent information which would show the person's
competency in inspection, investigation and remediation of contamination
resulting from the release of dense non-aqueous solvents or products, excluding
PCBs.
(I) Only include sites worked by
personnel who will work on sites in the DCERP.
(II) Indicate the personnel who performed the
inspection, investigation, or remediation, describe their job duties, and limit
the discussion to two typed pages per site per category;
8. Letters of recommendation for
two sites described in part 7. of this subparagraph from clients describing the
following:
(i) If the person is applying to be
approved for drycleaner inspection activities, facility inspection or facility
audit activities at the site and the clients' opinions of the quality of work
performed by the person's personnel;
(ii) If the person is applying to be approved
for investigation activities, investigation activities at the site and the
clients' opinions of the quality of work performed by the person's personnel;
and/or
(iii) If the person is
applying to be approved for remedial activities, remediation activities at the
site and the clients' opinions of the quality of work performed by the person's
personnel;
(Note: If letters of recommendation are unavailable, other
approved forms of verification can be substituted at the Commissioner's
discretion.)
9.
If the person, its officers, its principals, or any of the employees referenced
in this subparagraph have previously been removed from the DCAC list, have been
the subject of any professional license revocation or suspension proceeding, or
have been assessed a civil penalty for violation of any environmental law in
Tennessee or comparable law in another jurisdiction, a description of the
circumstances, including the reason(s) for such action and the response
action(s) taken by the person to assure there will not be similar problems in
the future; and
10. A notarized
statement, sworn by an executive officer or principal of the person including
the following provisions:
(i) Neither the
person nor any of the person's officers, principals, and employees have been
convicted of, pled guilty to, or pled nolo contendere to violating any of the
following or comparable environmental law in another jurisdiction:
(I) Environmental Vandalism (T.C.A. §
39-14-408);
(II) Illegal Disposal
of Hazardous Waste (T.C.A. § 68-212-114);
(III) Solid Waste Dumping (T.C.A. §
68-211-114);
(IV) Air Pollution
(T.C.A. § 69-201-112);
(V)
Water Pollution (T.C.A. § 69-3-115);
(VI) Destruction of Aquatic Life or Habitat
(T.C.A. § 70-4-206);
(VII)
Polluting of Drinking Water Supply (T.C.A. § 68-221-713);
(VIII) Leaking Underground Petroleum Storage
Tanks (T.C.A. § 68-215-120); or
(IX) Knowingly gives or causes to be given
any false information in any report, records, or documents (T.C.A. §
68-212-213);
(ii)
Neither the person nor any of the person's principals, officers, and employees
have been convicted of, pled guilty to, or pled nolo contendere to any of the
following or a comparable law in another jurisdiction:
(I) Tampering with or fabricating evidence
(T.C.A. § 39-16-503);
(II)
Destruction of and tampering with governmental records (T.C.A. §
39-16-504);
(III) Destruction of
valuable papers with the intent to defraud (T.C.A. § 39-14-130);
(IV) Forgery (T.C.A. §
39-14-114);
(V) Theft of services
(T.C.A. § 39-14-104); or
(VI)
Theft of property (T.C.A. § 39-14-103);
(iii) Neither the person nor any of the
person's principals, officers, and employees has been found guilty in a court
of competent jurisdiction of falsification of data or issuing fraudulent
invoices;
(iv) The person
understands that reimbursement from the DCERF will be in accordance with the
reasonable rate schedule as established by the Commissioner; and
(v) The person and its personnel have the
licenses and registrations required by the State of Tennessee to perform the
activities that the contractor proposes to perform.
(b) DCAC Registration Fee
1. A non-refundable registration fee of $500
shall be submitted with the application if the person is applying to be in one
category of the DCAC list. A non-refundable fee of $750 shall be submitted if
the person is applying to be in more than one category on the DCAC
list.
2. A person with more than
one office location may either submit one combined DCAC application for all
office locations under a single registration fee, or the person may submit a
separate DCAC application for each office location. Should one office location
be disqualified by the Commissioner from being a DCAC, any other offices that
were included in a multiple-office DCAC application package under one
registration fee would then be disqualified from being a DCAC.
(c) A person who demonstrates to
the Commissioner's satisfaction that the person has: successfully performed
significant past activities in facility inspection, investigation, or
remediation of contamination resulting from the release of dense non-aqueous
solvents or products, excluding PCBs, through the site descriptions and letters
of reference required in this rule; not violated environmental or other laws
referenced in the sworn statement; paid the appropriate fee; and completed the
other requirements listed in subparagraphs (a) and (b) of this paragraph shall
be included in the next published DCAC list in the appropriate category(ies)
following receipt by the Commissioner of the required insurance certificate.
For initial evaluation to become a DCAC, it shall be assumed by the
Commissioner that if a person has sufficient experience and qualifications to
perform investigation or remediation activities at sites contaminated by dense
non-aqueous solvents or products, excluding PCBs, then the person has
sufficient qualifications to perform comparable activities at sites
contaminated with Stoddard or other drycleaning solvents. If the person, its
officers, its principals, or any of the employees referenced in subparagraph
(a) of this paragraph have previously been removed from the DCAC list or have
been the subject of any professional license revocation or suspension, or have
been assessed a civil penalty for violation of any environmental law in
Tennessee or comparable law in another jurisdiction, the person shall also be
required to demonstrate to the satisfaction of the Commissioner that the
circumstances, including the reason(s) for such actions, have been corrected
and will not reoccur. A person who is not approved as a DCAC may appeal the
Commissioner's determination to the Commissioner; however, the appeal must be
filed within 30 days of the person's receipt of the Commissioner's certified
letter notifying the person of non-approval.
(d) Prior to October 31 of each year, each
DCAC shall submit a renewal application including the following and other
information requested by the Commissioner on the renewal application:
1. List of personnel who will work on sites
in the DCERP in the upcoming year, and for each person on the list include the
job title, job descriptions, office location, and telephone number. For
employees who have not had a resume submitted to the DCERP on a previous
application and personnel who have either received or lost licenses or
registrations, submit resumes as described in subparagraph (a) of this
paragraph.
2. A valid insurance
certificate showing insurance required by this chapter.
3. A non-refundable fee of $200 if the person
is renewing as a DCAC in one category and a non-refundable fee of $350 if the
person is renewing as a DCAC in two or more categories.
4. For a licensed contractor in the DCAC
remediation category, also include documentation of a valid contractor's
license to perform hazardous waste or hazardous substance site remediation or
the equivalent with a monetary limitation of at least $500,000.
(5) To remain on a list
of DCACs:
(a) The DCAC shall abide by and
comply with the terms of any contract entered into with the owner or operator
of a facility or impacted third party.
(b) The DCAC shall have written contract(s)
with all contractors/subcontractors. Contract(s) between the DCAC and
contractors/subcontractors shall also contain provisions that all site workers
working under authority of contractors/subcontractors shall have applicable
health and safety training when required by the Tennessee Department of Labor
or Occupational Safety and Health Administration (OSHA).
(c) Site workers employed by the DCAC or its
subcontractors shall have the applicable health and safety training when
required by the Tennessee Department of Labor or OSHA.
(d) The DCAC shall have a written contract
with the owner or operator of the facility or impacted third party at each
DCERF eligible site, and the contract shall contain the following sentences
conspicuously located on the first page of the contract:
"[DCAC Name] will/will not (mark one) use the drycleaner
environmental response program's reasonable rate schedule when invoicing
[insert name of drycleaner owner, operator, or impacted third party] for
expenses incurred in the investigation and/or cleanup of this site. On behalf
of [Applicant's Name], [DCAC Name] will prepare and submit timely reimbursement
requests in accordance with Chapter 0400-15-03, including subparagraph (7)(d)
of Rule 0400-15-03-.08.
On behalf of [Applicant's Name], [Person's Name] will prepare
and submit timely reimbursement requests in accordance with DCERP rules
including subparagraph (7)(d) of Rule
0400-15-03-.08 which allows
applications for payment to be submitted 60 days following initiation of work
and at 60 day intervals thereafter in addition, subparagraph (7)(f) of Rule
0400-15-03-.08 requires that in order to be eligible for payment from the
drycleaner environmental response fund, a reimbursement request must be
received, by the drycleaner environmental response program, within one year
from the date expenses were incurred regardless of the duration of the work
phase.
(e) The DCAC's
services will be performed in a manner consistent with the level of care and
skill ordinarily exercised by members of their profession practicing in the
State of Tennessee, under similar conditions, and at the time the services were
rendered. The DCAC shall not knowingly, willfully, or recklessly cause the
spread of contamination nor inhibit response action at the site.
(f) The DCAC will perform activities
consistent with this chapter.
(g)
For at least five years after response actions have been completed for a site,
the DCAC shall keep and preserve:
1. Detailed
records that demonstrate compliance with approved investigative and response
action plans; and
2. All invoices
and financial records associated with costs for which reimbursement is or will
be requested.
(h) The
DCAC shall follow methods and procedures established by the DCERP for facility
inspection, oversight of remediation, investigation, and remediation of sites.
The DCAC shall collect, gather, compile, and maintain documentation requested
by the Commissioner.
(i) Unless
otherwise specifically approved by the Commissioner in writing, the following
shall apply. All work done by the DCAC shall have the prior approval of a
Registered Professional Engineer or Professional Geologist who is registered
with the Tennessee Department of Commerce and Insurance, and the work shall be
performed as specified according to a plan approved by the Commissioner. All
plans and reports submitted to the Commissioner shall be prepared and signed by
the Registered Professional Engineer or Professional Geologist who prepares or
is responsible for the plan or report. A Registered Professional Engineer or
Professional Geologist shall make periodic site visits to verify whether the
work performed is as specified by the Registered Professional Engineer or
Professional Geologist and according to a plan approved by the Commissioner.
The DCAC shall require a Registered Professional Engineer or Professional
Geologist to submit a signed certification based on their personal observation
and review of job site records stating whether the work is performed as
directed by the Registered Professional Engineer or Professional Geologist and
whether the work is performed in accordance with a plan approved by the
Commissioner. If the work is not performed according to the plan approved by
the Commissioner, the certification shall include a listing of how the work
performed varies from the approved plan, the authorization of the Registered
Professional Engineer or Professional Geologist, and the specific reason for
each variation. The certification for the appropriate phase of work shall be
submitted with the report describing that phase of the work including, but not
necessarily limited to, investigation reports, remediation reports, and
as-built drawings.
(j) The DCAC
shall have all applicable license(s) and registration(s) required in the State
of Tennessee and the local government where any work is performed;
(k) The DCAC shall maintain liability
insurance coverage of the types and with the minimum amounts described in parts
1. through 6. of this subparagraph, or the equivalent. The DCAC shall provide
certification, with the Department listed as an additional insured on the
DCAC's certificate of insurance, to the Commissioner of such coverage during
the initial application process and yearly with the renewal application
thereafter, or more frequently as necessary to keep the Commissioner updated as
to the DCACs current insurance coverage. A lapse of required insurance coverage
is sufficient cause for removal of the person from DCAC status and makes the
DCAC ineligible for any reimbursements for work performed without insurance
coverage. Insurance shall be through an insurance company or companies approved
to do business in the State of Tennessee and shall be in effect prior to the
person becoming a DCAC. The insurance shall be written in a comprehensive form,
to the Commissioner's satisfaction. The general liability and pollution
insurance policies shall have the Department named as an additional insured on
Contractor's policies, and these policies shall have endorsements for a waiver
of subrogation between the Contractor and the Department.
1. Worker's Compensation:
(i) State Statutory
(ii) Employer's Liability $500,000
(Without restriction as to whether covered by Workmen's
Compensation Law)
2. Comprehensive General Liability (including
Premises - Operations: Independent Contractor's Protective: Products and
Completed Operations; Broad Form Property Damage; contractual):
(i) Combined single limits for bodily injury
and property damage:
$1,000,000 Each Occurrence
$2,000,000 Aggregate
(ii) Products and Completed Operations to be
maintained for one year after final payment.
(iii) Property Damage Liability insurance
shall include coverage for perils of explosion, collapse, and underground
hazard.
(iv) Comprehensive General
Liability shall apply per job.
3. For DCACs qualifying in the contractor
categories for investigation activities or remediation activities, pollution
insurance for bodily injury and property damage:
$1,000,000 Each Occurrence
$2,000,000 Aggregate For DCACs who will only conduct work in
the facility inspection or remediation oversight contractor categories, the
pollution insurance requirement does not apply.
4. Personal injury:
$1,000,000 Each Occurrence $2,000,000 Aggregate
5. Comprehensive Automobile
Liability:
(i) Split limits of $500,000
(bodily injury per person)/$1,000,000 (bodily injury per occurrence)/$250,000
(property damage per occurrence); or
(ii) Combined single limits for bodily injury
and property damage:
$1,000,000 Each Occurrence
6. The DCAC shall require that all
subcontractors that perform site work shall be covered by insurance to the
limits stated in this subparagraph. Upon request, the DCAC shall secure a copy
of said insurance policy for the Department.
(l) Once the DCAC receives a stop work
notice, the DCAC shall file no additional plans, scopes of work, or cost
estimates to the DCERP unless the stop work is removed by the
Commissioner.
(m) The DCAC shall
submit timely annual registration renewal applications as required by
subparagraph (4)(d) of this rule.
(n) If it becomes reasonably apparent while
conducting environmental response activities that an interim action is
warranted to abate or mitigate an actual or threatened release or exposure
pathway, the DCAC shall take such action within 24 hours after discovery of the
danger and shall provide notice to the applicant and the Commissioner of the
interim action.
(6) A
DCAC may be removed from the DCAC list if the DCAC, its principals, officers,
or employees has done any of the following:
(a) Violates these rules;
(b) Charged the DCERP, the owner or operator
of the facility, or impacted third party for work that was not
performed;
(c) Fails to obtain or
maintain necessary licenses;
(d)
Fails to maintain the required insurance in subparagraph (5)(k) of this
rule;
(e) Files an inaccurate DCERF
reimbursement request with errors in personnel titles, rates, activities
performed, equipment used, material used, or other items which cause or would
cause an overpayment of DCERF money to the DCAC;
(f) Misrepresentation of environmental
conditions concerning the site; unreasonable delaying submittal of pertinent
site data and information; filing or reporting of false, misleading, or
inaccurate information with the Commissioner; or any intentional actions which
significantly impedes the Commissioner's ability to properly evaluate the site
or determine appropriate response actions for that site;
(g) Has been the subject of any professional
license discipline, or has been assessed a civil penalty for violation of any
environmental law in Tennessee or comparable law in another
jurisdiction;
(h) Has been
convicted of, pled guilty to, or pled nolo contendere to violating any of the
following or comparable environmental law in another jurisdiction;
1. Environmental Vandalism (T.C.A. §
39-14-408);
2. Illegal Disposal of
Hazardous Waste (T.C.A. § 68-212-114);
3. Solid Waste Dumping (T.C.A. §
68-211-114);
4. Air Pollution
(T.C.A. § 69-201-112);
5.
Water Pollution (T.C.A. § 69-3-115);
6. Destruction of Aquatic Life or Habitat
(T.C.A. § 70-4-206);
7.
Polluting of Drinking Water Supply (T.C.A. § 68-221-713);
8. Leaking Underground Petroleum Storage
Tanks (T.C.A. § 68-215-120); or
9. Knowingly gives or causes to be given any
false information in any report, records, or documents (T.C.A. §
68-212-213);
(i) Has
been convicted of, pled guilty to, or pled nolo contendere to violating any of
the following or a comparable law in another jurisdiction;
1. Tampering with or fabricating evidence
(T.C.A. § 39-16-503);
2.
Destruction of and tampering with governmental records (T.C.A. §
39-16-504);
3. Destruction of
valuable papers with intent to defraud (T.C.A. § 39-14-130);
4. Forgery (T.C.A. §
39-14-114);
5. Theft of services
(T.C.A. § 39-14-104);
6. Theft
of property (T.C.A. § 39-14-103);
7. Fraud.
(j) Is found to have engaged in the
unauthorized practice of engineering, contracting, or geology under T.C.A.
§§
62-2-101 to -110, T.C.A.
§§
62-6-101 to -139, or T.C.A.
§§
62-36-101 to -122, or a comparable
law in another jurisdiction by the appropriate regulatory agency or
court;
(k) Performs a non-approved
action that increases costs for the DCERF, the drycleaner operator, or the
impacted third party;
(l) Files
three plans that are rejected by the Commissioner as deficient or fails to
correct a plan based on comments from the Commissioner without supplying
acceptable explanation to the Commissioner;
(m) Files plan(s) or report(s) that do not
bear the appropriate signature and Tennessee registration number of a
Registered Professional Engineer or Professional Geologist;
(n) Deviates from a plan or scope of work as
approved by the Commissioner without the approval of the Commissioner. This
includes, but is not limited to, the following:
1. Failure to follow quality assurance and
quality control approved in the plan;
2. Failure to follow the schedule for
implementation approved in the plan; or
3. Failure to perform the activities listed
or described in the plan.
(o) Fails to submit a complete renewal
application by December 31 in the format required by the Department;
(p) Performs work at a site in the DCERP
after a stop work or termination date established by the
Commissioner;
(q) Fails to perform
activities required in this chapter or allows activities required in these
rules to not be performed;
(r)
Fails to demonstrate the skills, techniques, procedures, or knowledge necessary
to perform DCAC work in accordance with this chapter;
(s) Performs work in a category in which the
DCAC is not approved;
(t) Fails to
submit timely reports or reimbursement requests to the Commissioner;
or
(u) Has been found guilty in a
court of competent jurisdiction of falsification of data or issuing fraudulent
invoices.
(7) The
process for removing a person from the DCAC list shall be as follows:
(a) The review process shall be initiated
when a complaint is referred to the Commissioner or the Commissioner determines
the person's activities as a DCAC should be evaluated.
(b) The Commissioner shall inform the person
via certified mail that the person's activities as a DCAC under the DCERP are
to be reviewed. The person shall submit to the Commissioner a list of all sites
where the person is performing DCERF eligible work, and the person shall
cooperate with the Commissioner in any and all ways requested by the
Commissioner. The Commissioner shall perform its investigation and notify the
person of the findings.
(c) The
Commissioner may request the person to appear at a meeting to show cause why
the Commissioner should not remove the person from the DCAC list.
(d) The person may request a meeting with the
Commissioner.
(e) The Commissioner
shall notify the person of the Commissioner's decision by sending a certified
letter to the last known address of person on file with the DCERP. If the
Commissioner determines that removal of the person from the DCAC list is
warranted:
1. The certified letter sent by the
Commissioner to the person shall specify a date to terminate work on DCERF
eligible sites. After the stop work date, no activities performed by the
company on any DCERP site shall be DCERF reimbursable unless the company
appeals to the Commissioner, and the Commissioner determines to allow the
person to continue as a DCAC, or the person reapplies to the Commissioner, and
is accepted by the Commissioner.
2.
The person shall have 30 days from the person's receipt of the Commissioner's
certified letter notifying the person of removal from the list of DCACs to
request an appeal. If the person does not appeal within the required time
period, the decision of the Commissioner shall be final. An appeal to the
Commissioner will stay the removal of the person from the DCAC list. However,
an appeal to the Commissioner shall not prohibit the Commissioner from
terminating or preventing the DCAC from working on DCERF eligible sites during
the appeal process, and any work performed after the termination date and
during said termination shall not be DCERF eligible whether or not the person
remains on the DCAC list following appeal.
3. The Commissioner shall notify all sites
which the person identified as DCERF reimbursable sites of the stop work date
and that the person's work after the stop work date is not eligible for
reimbursement from the DCERF unless otherwise notified by the
Commissioner.
(f) If a
person is removed from the list, other DCACs with common officers or principals
shall be reviewed to determine whether to remove those DCACs from the DCAC
list.
(g) If a person is removed
from the DCAC list, the person or a person with any of its principals or
officers cannot reapply for a period of one year from date of removal. If a
person is removed as a result of conviction of, pled guilty to, or pled nolo
contendere to a violation of an environmental law listed in subparagraph (6)(h)
of this rule or other violations listed in subparagraph (6)(i) of this rule,
the person and any of its officers or principals who were convicted, pled
guilty, or pled nolo contendere shall not reapply to become a DCAC under the
person's name or any other entity.
(8) The DCAC list shall have a category which
lists the number of times a person has been removed from the DCAC list. If a
person, its principals, or its officers are removed from the list three times,
then the person, its principals, and its officers are not eligible to reapply
for addition to the DCAC list.
(9)
The initial application, renewal applications, plans and reports, and DCERF
reimbursement requests shall include the following certification:
"I certify under penalty of law, including but not limited to
penalties for perjury, that the information contained in this (select one or
another term as appropriate: application, form, report, study) and on any
attachments, is true, accurate and complete to the best of my knowledge,
information, and belief. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for intentional violations."
(10) The appearance of a person on the DCAC
list shall in no way establish liability or responsibility on the part of the
Commissioner, the DCERF, or the State of Tennessee regarding the services
provided by the person or circumstances that may occur as a result of such
services. Furthermore, the appearance on the DCAC list is not an endorsement by
the Department or State of Tennessee for the person to perform any services
outside of the DCERP.
(11) A person
working as a subcontractor under contract to a DCAC is not required to be
classified as a DCAC. The subcontractor must maintain all applicable license(s)
and registration(s) required in the state of Tennessee for work performed. The
DCAC must ensure that subcontractors performing remediation activities have a
valid Tennessee Contractor's License with a Specialty Classification to perform
remediation of hazardous substance or hazardous waste sites or the equivalent
with a monetary limitation of at least $500,000.
(12) The DCAC must be the lead contractor and
cannot be a subcontractor to a non-DCAC functioning as the primary contractor.
For sites with multiple DCACs, the program shall consider the DCAC with the
qualifications for that particular work phase to be the primary DCAC.
(13) A DCAC may employ the environmental
professional labor services of contractors or individuals who are not
recognized by the Commissioner as a DCAC. In such cases, however, the
qualifications of any staff that are used on a subcontracted basis shall be
provided to the DCERP for review. The DCAC remains responsible for the work
that is done by any staff under its employ, including subcontracted staff. The
Commissioner also requires that any subcontracted professional labor services
be billed through the DCAC and not billed to the DCERP or to the applicant
separately or directly by any subcontracted labor entity.
(14) It is the responsibility of DCACs to
seek written clarification from the DCERP concerning whether
Commissioner-issued approvals of work plans, project budgets, or other such
items submitted by one DCAC to the DCERP are transferable with no modifications
to another DCAC. Such situations can occur when there is a change in DCAC
during the course of a project. The DCERP does not consider work plans, project
budgets, and other similar items to automatically remain in force and transfer
'as-is' over to the new DCAC when a change in DCAC occurs.
Authority: T.C.A. §§
4-5-201, et seq., and 68-217-101,
et seq.
