§ 272.364. Maintaining certification; inactive status; decertification; recertification.

 (a)  Maintaining certification.

   (1)  To maintain certification, a host municipality inspector shall:

     (i)   Complete a Department-sponsored advanced training course once every 3 years and perform satisfactorily on the written examination.

     (ii)   Conduct at least one inspection per calendar year. The Department will rely on written confirmation of the inspection, by the host municipality, as evidence that the inspection occurred timely.

   (2)  Failure to satisfy paragraph (1)(i) or (ii) will automatically result in inactive status for the host municipality inspector, beginning July 1 of the year following the failure, unless the inspector takes the Department sponsored advance training course and performs satisfactorily on the written examination by July 1 of the year following the failure.

   (3)  A host municipality inspector whose status is “inactive” will be subject to the prohibitions of subsection (b).

 (b)  Inactive status.

   (1)  A host municipality inspector whose status is “inactive” under subsection (a) may not conduct activities of a certified host municipality inspector during the term of the inactive status. The prohibited activities include:

     (i)   Entering the waste facility property as a host municipality inspector.

     (ii)   Inspecting the waste facility records.

     (iii)   Taking samples at the waste facility.

     (iv)   Conducting inspections at the waste facility.

     (v)   Issuing an order at or to the waste facility under section 1102 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §  4000.1102).

   (2)  The Department will not pay the host municipality’s cost of employing a certified host municipality inspector incurred during any period of time during which the inspector’s status is “inactive,” except as provided in paragraph (3).

   (3)  A host municipality inspector whose status is “inactive” may revert to “active” status by completing the Department sponsored advanced training course and performing satisfactorily on the written examination. The Department will reimburse the host municipality for the cost of taking the training and examination in accordance with section 1102 of the Municipal Waste Planning, Recycling and Waste Reduction Act if the inspector performs satisfactorily on the written examination.

 (c)  Decertification. Acts of a host municipality inspector which may be grounds for decertification include:

   (1)  Knowingly violating a provision of the Municipal Waste Planning, Recycling and Waste Reduction Act, this title, or an order of the Department or its agent.

   (2)  Endangering in the course of the inspector’s duties the health or safety of a resident of the host municipality, or of an owner, employe, customer or visitor of a municipal waste landfill or resource recovery facility.

   (3)  Knowingly distributing, to any person other than an employe of the Department, the Environmental Protection Agency, the office of Pennsylvania’s Attorney General or the United States Department of Justice, business information of a municipal waste landfill or resource recovery facility deemed confidential by the Department under section 1713 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §  4000.1713) without prior written approval of the owner or chief operating manager of the facility.

   (4)  Knowingly submitting false information to the Department or its agent.

   (5)  Knowingly exceeding the scope of authority granted to a host municipality inspector under section 1102 of the Municipal Waste Planning, Recycling and Waste Reduction Act.

 (d)  Notification upon decertification. Upon decertification, the Department will notify in writing the host municipality inspector, the host municipality and the affected municipal waste landfill or resource recovery facility of the following:

   (1)  The name of the decertified inspector and the related host municipality.

   (2)  The effective date of the decertification.

   (3)  Whether the inspector will be eligible for recertification. In deciding whether a decertified inspector will be eligible for recertification, the Department will consider the nature and gravity of the misconduct which resulted in the decertification.

   (4)  The reason for the decertification.

 (e)  Recertification. A decertified host municipality inspector is not eligible to serve as a host municipality inspector for any municipality for 2 years from the date of the Department’s notification of decertification. To become recertified, an eligible decertified host municipality inspector shall comply with section 1102 of the Municipal Waste Planning, Recycling and Waste Reduction Act.

Source

   The provisions of this §  272.364 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685.



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