§ 245.108. Suspension of certification.

 (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.

Source

   The provisions of this §  245.108 amended September 27, 1996, effective September 28, 1996, 26 Pa.B. 4735; 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 (347241) to (347242) and (331013).

Cross References

   This section cited in 25 Pa. Code §  245.109 (relating to revocation of certification).



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