Section 18 AAC 78.088 - Qualified environmental professionals and qualified samplers(a) An owner or operator shall ensure that a qualified environmental professional (1) conducts or supervises the collection of field data and the interpretation and reporting of site characterization and site assessment data required under 18 AAC 78.090(e); (2) conducts or supervises the collection and interpretation of field data and the reporting of release investigation data required under 18 AAC 78.235(b); (3) prepares a corrective action plan required under 18 AAC 78.250; (4) prepares an interim cleanup activities cost estimate, if the estimate is part of a corrective action plan prepared under 18 AAC 78.250; (5) conducts or supervises sampling and analysis required under 18 AAC 78.27l(a)(3), or that a qualified sampler performs sampling described in 18 AAC 78.271(a)(3) if the department approves the use of a qualified sampler under 18 AAC 78.27l(a)(3); (6) prepares a post-treatment sampling and analysis plan required under 18 AAC 78.273(a)(1)(C); (7) conducts, under J 8 AAC 78.275(a), soil and groundwater sampling for a release investigation or associated with a corrective action;(8) prepares a final corrective action report required under 18 AAC 78.276(a); (9) conducts or supervises the collection, interpretation, and reporting of data under 18 AAC 78.600; (10) prepares and signs a report to justify a request for a waiver under 18 AAC 78.930. (b) For purposes of this chapter, an individual is a qualified environmental professional if the individual scientific field; (1) is an impartial third party; (2) is qualified to perform site characterization and cleanup activities, including (A) fate and transport analysis; (B) remediation design; and (C) other activities associated with contaminated sites; (3) actively practices in the field of environmental science or another related (4) has not been found to have falsified environmental data or committed other acts of fraud directly related to environmental work; and (5) meets one or more of the following minimum educational qualification and experience requirements: (A) has a four-year undergraduate or a graduate degree from a nationally or internationally accredited postsecondary institution in environmental science or another related scientific field, and has at least one year of professional experience in contaminated site characterization and cleanup activities under the direct supervision of a qualified environmental professional completed after the degree described in this subparagraph was obtained;(B) has a four-year degree from a nationally or internationally accredited postsecondary institution in any field or a two-year associate degree from a nationally or internationally accredited postsecondary institution in environmental science or another related scientific field, and has at least three years of professional experience in contaminated site characterization and cleanup activities under the direct supervision of a qualified environmental professional completed after a degree described in this subparagraph was obtained;(C) is certified as an environmental technician under an apprenticeship program with a registration under 29 C.F.R. Part 29, and has at least three years of professional experience in contaminated site characterization and cleanup activities under the direct supervision of a qualified environmental professional completed after the certification described in this subparagraph was obtained.(c) For purposes of this chapter, an individual is a qualified sampler if the individual(1) is an impartial third party; (2) collects samples of environmental media for laboratory analysis; in this paragraph, "environmental media" (A) includes soil, groundwater, and surface water; (B) does not include air or soil gas; (3) has not been found to have falsified environmental data or committed other acts of fraud directly related to environmental work;(4) has successfully completed (A) applied field work involving environmental sample collection of soil, groundwater, or surface water associated with coursework for a completed degree in environmental science or another related scientific field at a nationally or internationally accredited postsecondary institution; or (B) an environmental sampling training program recognized by the department; and (5) has at least three months of experience in environmental sampling under the direct supervision of a qualified environmental professional completed after the training described in (4)(A) or (B) of this subsection was obtained. (d) In this section, "another related scientific field" includes engineering, geology, physical science, hydrology, biology, and chemistry.Eff. 6/17/2015, Register 214, July 2015Authority:AS 46.03.020
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