Conn. Agencies Regs. § 22a-133v-2

Current through June 15, 2024

Section 22a-133v-2 - Requirements for Licensure

(a)Required Information

Each applicant shall, through the submission of complete and accurate information to the Board, demonstrate that such applicant meets the qualifications for licensure.

(b)Education and Experience Requirements

(1) No license shall be issued to an applicant unless such applicant demonstrates to the satisfaction of the Board that such applicant has (A) for a minimum of eight (8) years engaged in the investigation and remediation of releases of hazardous waste or petroleum products into soil or groundwater, including a minimum of four (4) years in responsible charge of such investigation and remediation, and holds a bachelor's or advanced degree from an accredited college or university in a science or engineering field specified by subparagraph (2)(A) of this subsection, or in a related science or engineering field found by the Board to be fundamentally equivalent to one or more thereof, or is a professional engineer licensed in accordance with Chapter 391 of the Connecticut General Statutes, or (B) for a minimum of fourteen (14) years engaged in the investigation and remediation of releases of hazardous waste or petroleum products into soil or groundwater, including a minimum of seven (7) years in responsible charge of such investigation and remediation.

(2) For purposes of subdivision (1) of this subsection the following shall apply:

(A) A bachelor's or advanced degree from an accredited college or university shall be in one or more of the following fields or in a related science or engineering field found by the Board to be fundamentally equivalent to one of the following: biology, chemistry, earth sciences, ecology, engineering (civil, environmental, mechanical, chemical, or agricultural), environmental sciences, environmental studies, geology, hydrogeology, hydrology, natural resources management, soil sciences, toxicology, water resources, and wetland science.

Upon the written request from an applicant, the Board shall determine whether an applicant's degree, or undergraduate, graduate or postgraduate education is fundamentally equivalent to a degree listed in the paragraph above. Such request shall identify the bachelor's or advanced degree issued to the applicant, the accredited college or university which issued such degree, courses that the applicant took and any other information that the Board may request. The Board may consider all such applicant's course work, including but not limited to, undergraduate, graduate or postgraduate course work when making such determination.

(B) Except as is provided in this subparagraph, experience that an applicant obtains when such applicant is enrolled as a full-time undergraduate or graduate student at an accredited college or university shall not be counted toward satisfaction of the experience requirement of subdivision (1) of this subsection provided that upon written request, the Board may count toward satisfaction of such requirements full-time work performed by an applicant for at least three (3) consecutive months during any time when such applicant was enrolled as a full-time student in an accredited graduate degree program.

(C) Engaged-in experience shall be professional experience for which the Board determines that an applicant's primary duties have consistently involved both the investigation and remediation of releases of hazardous waste or petroleum products into soil or groundwater. The Board shall consider the following in determining whether an applicant's professional experience qualifies as engaged-in experience: the description of work activities; the diversity of work and types of activities performed; the field or fields of activities performed; the duration of employment; the reports, studies or documents prepared; and any other factors the Board deems relevant.

Engaged-in experience does not include experience primarily involving or associated with:

(i) non-scientific or non-technical activities regarding the investigation or remediation of releases of hazardous waste or petroleum products into soil or groundwater, including but not limited to, activities such as contract management, budget control, legal analysis, regulatory compliance audits, or other similar activities; and

(ii) landfill design and management, except for closure of a hazardous waste landfill; septic systems or similar non-hazardous material disposal facilities; water supply systems; waste water treatment systems; complying with hazardous waste requirements; activities generally subcontracted, such as drilling, geophysical surveying, surveying, geotechnical analysis, laboratory analysis and risk assessment or similar activities.

(D) Responsible charge experience shall be professional experience for which the Board determines that an applicant's primary duties consistently involve a high level of responsibility and decision making regarding both the investigation and remediation of releases of hazardous waste or petroleum products into soil or groundwater. The Board shall consider the following in determining whether an applicant's professional experience qualifies as responsible charge experience:

(i) the level of independent decision making exercised by the applicant;

(ii) the number of individuals and the disciplines of the other professionals that the applicant supervised or coordinated;

(iii) the extent to which an applicant's responsibilities consistently involved both the investigation and remediation of releases of hazardous waste or petroleum products into soil or groundwater and whether such responsibilities were an integral and substantial component of the applicant's position;

(iv) the nature of an applicant's employer's primary business interests and the relation of those interests to conducting investigations and remediation of releases of hazardous waste or petroleum products into soil or groundwater;

(v) the extent to which an applicant has engaged in the evaluation and selection of scientific or technical methodologies for conducting investigations and remediation of releases of hazardous waste or petroleum products into soil or groundwater;

(vi) the extent to which an applicant drew technical conclusions, made recommendations, and issued opinions based on the results of investigations and remediation of releases of hazardous waste or petroleum products into soil or groundwater; or

(vii) any other factor that the Board deems relevant.

(c)Passing Grade on an Examination

No license shall be issued to an applicant unless such applicant achieves a passing score on the environmental professional licensing examination administered by the Board under section 22a-133v-3 of the Regulations of Connecticut State Agencies.

(d)Good Moral Character

No license shall be issued to an applicant unless such applicant demonstrates to the satisfaction of the Board that such applicant possesses good moral character. Evidence of a lack of such character may include conviction in any jurisdiction of a felonious act, the submission of false or incomplete information on any application, acts involving dishonesty, fraud or deceit which have substantial connection to the professional responsibilities of a licensed environmental professional, or engaging in professional misconduct of the type proscribed in section 22a-133v(g) of the Connecticut General Statutes or section 22a-133v-4(b)(3) of the Regulations of Connecticut State Agencies.

(e)Continuing Education Requirements

(1) Basic Requirements

(A) Every odd numbered calendar year following the issuance of a license to a licensee, such licensee shall demonstrate in writing on a form prescribed by the Board, that such licensee has earned a minimum of twenty four (24) continuing education credits during the previous two (2) years, or a minimum of twelve (12) continuing education credits if the elapsed time since issuance of the license has been one (1) year. For the purposes of this subsection, continuing education consists of successful completion of courses or seminars devoted to the subjects set forth in subdivision (2) of this subsection, provided such courses or seminars are reasonably likely to maintain or enhance a licensee's competence. Health and safety training courses required pursuant to the Occupational Safety and Health Act ( 29 U.S.C. § 651 et seq.) shall not be deemed continuing education.

Except as provided in section 22a-133v-4(e) of the Regulations of Connecticut State Agencies, no licensee may apply continuing education credits earned during one (1) biennial license period toward the continuing education requirements of another biennial license period.

(B) The continuing education credits required by this subsection shall be calculated as follows:

(i) one (1) continuing education credit for each contact hour of a seminar that a licensee attends;

(ii) one (1) continuing education credit for each semester hour of a college or advanced degree level course that a licensee audits at an accredited college or university;

(iii) two (2) continuing education credits for each semester hour of a college or advanced degree level course that a licensee takes for a pass/fail at an accredited college or university provided the licensee passes such course;

(iv) four (4) continuing education credits for each semester hour of a college or advanced degree level course that a licensee takes for a grade at an accredited college or university provided the licensee passes such course with a grade of C or its equivalent or better;

(v) one (1) continuing education credit for each hour assigned for a distance learning course.

For purposes of this subparagraph and subdivision (3)(A) of this subsection, a "contact hour" means an hour that a licensee spends attending an instructional seminar, exclusive of registration, meals, administrative activities or social functions.

(C) Upon the request of the Board or the Commissioner, a licensee shall provide:

(i) attendance records demonstrating the licensee's compliance with the attendance requirements of this subsection, or for distance learning courses, a certification that the licensee has successfully completed the course and an assessment of learning to demonstrate comprehension of the subject matter taught in the course;

(ii) documentation that a course or seminar was taught by a competent instructor knowledgeable in the subject matter presented;

(iii) a written outline or syllabus, prepared by the instructor, of the course or seminar;

(iv) any other information regarding a course or seminar which the Board or the Commissioner requests.

(2) Credit Minimums/Maximums

(A) The continuing education credits required by subparagraph (1)(A) of this subsection shall include credits from courses or seminars on technical subjects or regulatory subjects which will enhance the licensee's ability to competently perform, supervise and/or coordinate the scientific and/or technical components of the investigation and remediation of releases of petroleum products and hazardous waste into soil or groundwater in Connecticut. For the purposes of this subsection, a licensee may earn up to, but no more than, twelve (12) continuing education credits by taking or auditing a college or advanced degree level course during any biennial period, and may earn up to, but no more than, twelve (12) continuing education credits by taking distance learning courses during any biennial period.

(B) If a licensee is unable to obtain the required number of continuing education credits in a biennial period in a classroom setting, the licensee may apply to the Board to allow additional credits to be obtained through distance learning beyond the twelve (12) credit maximum. The Board shall only allow additional distance learning credits in hardship cases when the Board determines that the licensee is physically unable to obtain classroom credits due to military service, severe illness or other significant circumstances, excluding any financial circumstance. The licensee shall apply to the Board no later than thirty (30) days prior to the expiration of the current license to request a waiver to allow additional distance learning credits be approved beyond the twelve (12) credit maximum.

(3) Attendance Requirements

(A) To satisfy the continuing education requirements of this subsection, a licensee shall attend at least 90 percent of the contact hours of an applicable course or seminar for courses other than distance learning courses. Distance learning courses shall be successfully completed in accordance with subparagraph (C) of subdivision (1) of this subsection.

(B) Once a licensee has received continuing education credit under this subsection for a course or seminar, such licensee may retake such course or seminar for credit provided that at least two (2) biennial periods have passed since the licensee took such course or seminar.

(4) General Course Requirements

Completion of a course or seminar shall not be deemed to meet the continuing education requirements of this subsection unless:

(A) Attendance records for such course or seminar or distance learning are maintained by the provider of such course or seminar;

(B) The licensee attends at least two (2) consecutive hours of instruction if the course or seminar is not a college or advanced degree level course, or successfully completes a minimum of two (2) continuing education credits for a distance learning course and provides the Board an assessment of learning in accordance with subparagraph (C) of subdivision (1) of this subsection;

(C) Such course or seminar is taught by a competent instructor knowledgeable in the subject matter presented;

(D) The instructor follows a written outline or syllabus of such course or seminar;

(E) Such course or seminar is completed; and

(F) For distance learning courses, the course and assessment of learning are provided to the Board and are satisfactorily completed in full.

(5) Required Courses

Upon written notice from the Commissioner or the Board, a licensee shall complete or attend a specific course or seminar within the time period identified in such notice. Such course or seminar shall be counted toward fulfilling the continuing education requirements of this subsection.

(6) Course/Seminar Approval/Disapproval

(A) The Board may, upon written request from a licensee, course provider, or other person, determine that a specific course or seminar meets the continuing education requirements of this subsection. A request to the Board under this subdivision shall be made on a form prescribed by the Board and shall provide at least: a written outline or syllabus of such course or seminar; a detailed description of such course or seminar; a copy of any instructional materials used; the length of the course or seminar; and the names and qualifications of the course or seminar instructor. Upon receipt of all the information it deems necessary to make a decision, the Board shall determine whether such course or seminar meets the continuing education requirements of this subsection and shall provide written notice of that determination to the person who requested it. A request under this subdivision may be submitted to the Board either before or after a course or seminar has been given or taken.

(B) If the Board determines that a course or seminar does not meet the continuing education requirements of this subsection, the Board shall deny a licensee all or a portion of the continuing education credits sought and may take any other appropriate action including, but not limited to, requiring that such licensee obtain additional continuing education credits in a subsequent continuing education requirement license renewal period, or a shorter term as the Board deems appropriate.

(7) Distance Learning Sponsor Requirements/Application

(A) The Board may approve sponsors of distance learning, who may approve providers of distance learning courses. Approval of a provider by a sponsor means that the Board will accept the number of continuing education credits for courses offered by such provider. Any person or organization desiring to be a sponsor shall submit an application to the Board for approval as a sponsor. The application shall be on a form prescribed by the Board and shall include, but not be limited to, documentation that the sponsor:

(i) Has a consistent, documented method of determining contact hours that are to be awarded to participants who successfully complete a provider's distance learning course including, but not limited to:

(I) the use of independent course evaluators who take the distance learning course and document time spent to complete the course;

(II) assuring the provider is an Accredited College or University; or

(III) the use of a certified third party such as or equivalent to the International Association for Continuing Education and Training or the New York State Practicing Institute of Engineering;

(ii) has a process and standard to be used to gauge and approve a provider's assessment of learning of participants which is based upon individualized testing of such participant's knowledge and comprehension of the distance learning course materials, including, but not limited to assuring the use of:

(I) a written exam evaluated by the instructor with a passing grade of at least 70 percent;

(II) written work materials or projects evaluated by an instructor and an assessed passing grade of at least 70 percent;

(III) automated test questions with a passing score of at least 70 percent if retaking the knowledge test is not allowed; or

(IV) automated test questions with a passing score of at least 70 percent if participants are allowed to retake the knowledge test after recycling through the relevant distance learning course materials before retaking the testing element;

(iii) requires all records be maintained for at least six (6) years, including, but not limited to, a record of the names of the providers that were approved by such sponsor; and

(iv) requires that all providers approved by such sponsor maintain records for at least six (6) years from the date of completion of coursework, which shall include, but not be limited to, a record of the name and license number of each licensed environmental professional who has completed the provider's course, a record of the learning assessment for each licensed environmental professional, and the date each licensed environmental professional completed the course.

(B) At any time during its review of an application, the Board may require the applicant to submit any additional information as may be requested by the Board in writing.

(C) Sponsors that are approved by the Board pursuant to the requirements of this subsection shall be approved for no more than a five-year term.

(D) In the event a sponsor discontinues operation, such sponsor shall notify the Board and all records required herein shall be transferred to the possession of the Board.

(8) Distance Learning Course Approval/Disapproval

(A) For distance learning courses that have sponsor approved credit hours, a licensed environmental professional or the provider may submit an application to the Board for approval of the content if such course meets the criteria of this subsection.

(B) A provider may apply directly to the Board for approval of a distance learning course without applying for approval by a sponsor. In such case, the provider shall document or certify that:

(i) the course meets the criteria of this subsection;

(ii) the provider has and uses a consistent method of determining contact hours that are to be awarded to participants who successfully complete a provider's distance learning course, including but not limited to:

(I) use of independent course evaluators who take the distance learning course and document time spent to complete the course;

(II) is an accredited College or University; or

(III) uses a certified third party such as or equivalent to the International Association for Continuing Education and Training or the New York State Practicing Institute of Engineering;

(iii) the provider has a process and standard to be used to assess the learning of participants based upon individualized testing of each participant's knowledge and comprehension of the distance learning course materials, including but not limited to:

(I) a written exam evaluated by the instructor with a passing grade of at least 75 percent;

(II) written work materials or projects evaluated by an instructor and an assessed passing grade of at least 70 percent;

(III) automated test questions with a passing score of at least 70 percent if retaking the knowledge test is not allowed; or

(iv) that the provider has a document retention policy that requires that records including, but not limited to, a record of the name and license number of each licensed environmental professional who has completed the course, a record of the learning assessment for each licensed environmental professional, and the date each licensed environmental professional completed the course be maintained for at least six (6) years from the date of completion of coursework.

(C) A sponsor or provider may apply for approval of a maximum of ten (10) distance learning courses per year from the Board.

(D) The Board may conduct audits of, or request information from, a sponsor or provider. Such sponsor or provider shall fully cooperate with the Board in accommodating such audit and in providing such information in a timely manner.

(E) A determination by the Board that a sponsor or provider is not meeting the standards set forth in this section shall result in the termination of the approved status of such sponsor or provider.

(9) Alternative Means to Obtain Continuing Education Credits

The Board may, upon written request from a licensee, determine that such licensee may receive up to, but no more than, twelve (12) continuing education requirements, in any biennial period, for activities such as teaching a course or seminar. A request under this subdivision shall be in writing and shall include at least: a detailed description of the activities for which continuing education is sought, a copy of any instructional materials involved; the length of the activity; and the names and qualifications of persons involved. The Board may request any additional information it deems necessary regarding such activities. The Board shall determine whether such activities meet the continuing education requirements of this subsection and the Board shall provide written notice of its determination to the person who requested it. A request under this subdivision may be made either before or after such licensee has engaged in such activities.

Conn. Agencies Regs. § 22a-133v-2

Effective June 2, 1997; Amended August 6, 2012; Amended August 7, 2015