§ 245.132. Standards of performance.

 (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).

Source

   The provisions of this §  245.132 amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6515; 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 (331026) to (331028).

Cross References

   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).



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