§ 245.123. Suspension of company certification.

 (a)  The Department may suspend the certification of a certified company for good cause, which includes, but is not limited to:

   (1)  A violation of the act or this chapter by the company or a certified installer or certified inspector employed by the company.

   (2)  Incompetency on the part of the company as evidenced by errors in executing duties and responsibilities for which the certification was issued.

   (3)  Failure to meet one or more of the standards of performance in §  245.132 (relating to standards of performance).

   (4)  A violation of The Clean Streams Law, the Air Pollution Control Act or the Solid Waste Management Act or regulations promulgated thereunder by the company or a certified installer or a certified inspector employed by the company which causes pollution, causes a threat of pollution or causes harm to the public health, safety or welfare.

   (5)  Withholding from a certified installer or certified inspector, individual correspondence or certification documents issued by the Department.

   (6)  Failure to provide oversight of employee certification applications, tank handling and inspection reports.

   (7)  Submission of false information to the Department or tank owner.

   (8)  Failure to have a properly certified installer in direct onsite supervision and control of a tank handling activity.

 (b)  A certified company shall surrender certification documents to the Department upon notification of suspension.

 (c)  The Department may reinstate the certification if the following apply:

   (1)  The certified company and certified installers and certified inspectors employed by the certified company are competent to execute the duties and responsibilities for which certification was issued.

   (2)  The cause for the suspension has been removed.

 (d)  Suspension of a certification by the Department shall prevent a company from conducting tank handling, tightness testing or inspection activities during the suspension.

Source

   The provisions of this §  245.123 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 page (331025).



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