§ 245.106. Conflict of interest.

 (a)  Except as provided in subsection (b), a certified inspector may not be one or more of the following:

   (1)  An employee of the tank owner, the tank owner or operator.

   (2)  A certified installer on the same tank handling activity on an aboveground storage tank system for which the installer is the certified inspector.

   (3)  An employee of a company that employs a certified installer on the same tank handling activity for which the employee is the certified inspector, when the tank handling activity is performed on a field-constructed storage tank. This prohibition extends to a company that owns, or is owned by, the employer, in whole or in part.

 (b)  A certified inspector who is a certified installer may conduct a tank handling activity to correct a deficiency identified by the same certified individual or company during an inspection of the operation of an underground storage tank system or the inspection of the integrity, installation or modification of an aboveground storage tank system. Notwithstanding this exception, subsection (a)(2) still prohibits a certified inspector from subsequently inspecting a tank handling activity which the certified inspector conducted to correct a deficiency noted during an integrity, installation or modification inspection of an aboveground storage tank system.

 (c)  A certified inspector may not perform an inspection as required under §  245.411 (relating to inspection frequency) for a facility where the inspector is also the designated Class A or Class B operator as defined in §  245.436 (relating to operator training).

Source

   The provisions of this §  245.106 amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6515; amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331010) and (347241).

Cross References

   This section cited in 25 Pa. Code §  245.436 (relating to operator training).



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