7 Del. Admin. Code § 1351-G-1.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 1351-G-1.0 - General Requirements for Contractor Certification1.1 General Provisions 1.1.1 Certification is required for business entities contracting for, or engaged in the following UST System activities: 1.1.1.3 Removal or Closure in Place1.1.2 Certification is required for individuals supervising the following UST System related activities: 1.1.2.3 Removal or Closure in Place1.1.3 Upon completion of all requirements, the Department shall issue a certification to business entities and a certified UST contractor card to individuals, endorsed for the appropriate UST System activities they are certified to perform.1.1.4 Proof of certification shall be provided immediately upon request by representatives from the Department while individuals are performing UST System activities requiring certification. Proof of certification shall consist of a valid certified UST contractor card issued by the Department certifying that contractor certification requirements have been met. All UST System activities requiring certification shall immediately cease if proof of certification is not provided.1.1.5 Any individual or business entity that is certified shall notify the Department of any name or address change within 30 Days of such change.1.1.6 Any individual or business entity who is certified shall notify the Department of any pending litigation against them involving any type of construction or any environmental or regulatory compliance, within 10 Days of receipt of notice of that litigation.1.2 Qualification Requirements for Certification 1.2.1 Business Entity Certification 1.2.1.1 A business entity may apply for certification for one or more UST System activities.1.2.1.2 All business entities engaged in installation, Retrofit, Removal or Closure in Place of UST Systems shall meet the following requirements for certification: 1.2.1.2.1 Submit to the Department a complete application form and attach appropriate documentation of experience and training with the required application fee; and1.2.1.2.2 Provide proof of general liability insurance in the amount of $1,000,000 and Contractor's Pollution Liability Insurance in the amount of $250,000; and1.2.1.2.3 Employ individuals who meet the requirements of Part G, subsection 1.2.2; and1.2.1.2.4 Provide proof of current Delaware Business License.1.2.2 Individual On-Site Certification 1.2.2.1 Each site where UST System installation, Retrofit, Removal or Closure in Place occurs shall have a minimum of one individual, certified for the UST System activity to be performed, present at all times while activity is occurring. This individual shall be a permanent employee of the business firm performing the UST System activity and the business entity shall be certified for the UST System activity being performed.1.2.2.2 Individuals engaged in installation, Retrofit, Removal or Closure In Place of UST Systems shall meet the following requirements for certification: 1.2.2.2.1 Submit to the Department a complete application form with the required application fee; and1.2.2.2.2 Submit proof of applicable training or experience for the type of activity for which the individual is seeking certification; and1.2.2.2.3 Receive a score of 80% or higher on an examination to be given by the Department for each activity for which the individual is seeking certification.1.2.2.3 In the event that an applicant scores less than 80% on the examination, he or she may request to sit for the examination at the next scheduled examination or within thirty (30) 30 Days, whichever is less.1.2.2.4 An applicant who has not scored 80% or higher on the examination after 3 attempts shall wait 6 months before submitting a new application and retesting.1.3 Standards of Performance for Certified Business Entities and Individuals1.3.1 All certified individuals and business entities are required to meet the following standards of performance:1.3.1.1 All UST System activities performed as a certified contractor shall be performed according to accepted engineering practices and procedures and applicable OSHA safety practices contained in 29 CFR 1910.1.3.1.2 All required notifications and applications shall be submitted to the Department as specified in the Regulations.1.3.1.3 Any deviation from standard practices and procedures shall be approved in writing by the Department.1.3.1.4 Installation of UST Systems and all associated equipment shall be in accordance with the conditions in the Department's approval letter.1.3.1.5 Any contractor installing equipment requiring a manufacturer's certification shall have a current manufacturer's certification for that product and shall provide it immediately upon request by representatives from the Department.1.3.1.6 Removal or Closure In Place of an UST System shall be performed in accordance with the procedures detailed in the current version of API 1604, API 2015 and PEI 1700.1.3.1.7 Certified contractors shall follow the Release reporting requirements in Part E of these Regulations. When a reportable Release is noted, the notification may be submitted jointly by the Owner, Operator, and certified contractor.1.3.1.8 All paperwork resulting from performing certified UST System activities shall be submitted to the Department within 60 Days of the completion of UST System activities at a site.1.3.1.9 Copies of all paperwork generated as a result of certified UST System activities performed shall be retained by the certified contractor for a minimum of 3 years.1.3.2 Certification shall be valid for a period of 2 years from the date of issuance.1.4 Application Requirements for Certification1.4.1 All applications shall be submitted in writing on forms supplied by the Department. Copies of such forms may be obtained from the Department.1.4.2 Each application shall contain a verified statement by the applicant for certification, or its duly authorized representative, that they and any individual employed by the applicant on any UST System installation, Retrofit, Removal or Closure In Place, shall be provided with a copy of these Regulations and shall be required to comply with all applicable parts of these Regulations.1.4.3 The completed application shall be submitted to the Department and shall be accompanied by a non-refundable fee as specified by the Department.1.4.4 The Department, upon review of the certification application, shall notify the applicant in writing, no later than 30 Days from receipt, of the need for further information, denial for cause, or approval of the applicant to sit for an examination provided by the Department. Denial for cause of the certification application shall be explained by the Department at the time of denial.1.4.5 A certified contractor who seeks renewal of their certification shall submit a notice for renewal at least 60 Days prior to its expiration. Upon receipt of such notice, the Department shall furnish a renewal application to the certified contractor. 1.4.5.1 The certified contractor shall submit the completed form to the Department at least 30 Days prior to expiration of the certification.1.4.5.2 The Department shall notify the applicant in writing no later than 30 Days from receipt of the certification application of the issuance or denial of the certification, or the need for further information in order to process the application. Denial of certification for cause shall be explained by the Department at the time of denial. Each reapplication requires a new application fee.1.4.5.3 In the event the certified contractor fails to renew the certification before the expiration date, the certification shall expire. If certification has been expired for 2 years or more, the contractor shall apply as an initial applicant.1.4.6 Any applicant denied for cause may appeal in writing within 10 Days of receipt of denial. Each reapplication requires a new application fee.1.4.7 An applicant whose certification application is denied for cause may not reapply for certification for 2 years from the date of denial.1.5 Denial of Initial Certification or Renewal Certification Application1.5.1 The Department may deny certification if it determines that the applicant has not demonstrated the ability to comply fully with applicable requirements or a standard of performance. The Department may deny any request for certification for cause including:1.5.1.1 Fraudulently or deceptively attempting to obtain a certification.1.5.1.2 Failure at any time to meet the qualifications for certification or failure to comply with any applicable part of these Regulations.1.5.1.3 Denial or revocation of certification or decertification in any other state. The Department shall evaluate each state's regulations and the reason for denial or decertification on an individual basis.1.5.1.4 Failure to submit a complete application.1.5.1.5 If any information exists to indicate that the business entity or individual seeking certification has failed to meet obligations under a contract or has failed to safely perform any UST System activity.1.5.1.6 Has demonstrated repeated deficiencies in performing UST System work.1.5.1.7 A court has found that the applicant has violated any law for the protection of the environment, or that the applicant breached any duty owed in the performance of UST System related activities.1.6 Suspension or Revocation of Certification 1.6.1 The Department may, for cause or for violation of applicable Department Regulations, suspend and or revoke any certification issued under this Regulation. Further, in any circumstances where any certified contractor has demonstrated the inability or reluctance to follow safety practices or project specifications, or has violated a standard of performance, the certification may be suspended or revoked.1.6.2 Upon notification of suspension or revocation of the certification, the certified contractor shall surrender their proof of certification to the Department within the time period specified in the notice.1.6.3 A contractor whose certification has been suspended or revoked shall not bid, contract, subcontract or directly perform any activity involving UST Systems within the State of Delaware during the period of suspension or revocation.1.6.4 Any officer, director, partner, or Owner with a Controlling Interest of any business entity whose certification has been suspended or revoked shall not serve as an officer, director, or partner, or have a Controlling Interest, in another business entity certified or applying for certification in Delaware during the period of suspension or revocation. Violation of the foregoing may result in suspension or revocation of the latter business entity's certification.1.6.5 No contractor whose certification was suspended or revoked shall participate in another business entity as a shareholder, officer, director, partner, or profit-sharing employee or investor during the period of suspension or revocation. Violation of the foregoing may result in suspension or revocation of all certifications involved.1.6.6 A contractor whose certification has been suspended or revoked for cause by any Federal, state or Local Government entity, may have their Delaware contractor certification immediately suspended or revoked.1.6.7 A contractor who has been barred from bidding on UST System projects for any Federal, state, or Local Government project, may have their Delaware contractor certification immediately suspended or revoked.1.6.8 In addition to the above, causes for suspension or revocation include the following: 1.6.8.1 Providing false information to the Department.1.6.8.2 Shows evidence of a mental or physical impairment including use of alcohol or drugs, as determined by the Department, which may interfere with the safe performance of UST System work.1.6.8.3 Knowingly or recklessly disregarding safe work practices while performing UST System work.1.6.8.4 Failure to comply with any applicable regulations or procedures administered by the Department.1.6.8.5 Failure to meet the standards of performance in Part G, subsection 1.3.1.6.8.6 Failure to comply with the terms of a Notice of Violation or Secretarial Order issued by the Department.1.6.8.7 Direct violation of applicable Department, Occupational Safety & Health Administration (OSHA) or Environmental Protection Agency (EPA) regulations.1.6.8.8 Failure to comply with contract specifications.1.6.8.9 Any acts of fraud or conviction of an act of fraud.1.6.8.10 When any Person claims to have been damaged or injured by the gross negligence, incompetence, fraud, dishonest dealing or misconduct in the practice of contracting on the part of any contractor certified by the Department, the Department may revoke the certification under which the certified contractor is operating at the time of the aforementioned violations.1.6.8.11 Any action deemed by the Department as worthy of suspension or revocation.1.6.9 If the Department acts to suspend or revoke any certification, the Department shall notify the certified contractor in writing, by Verifiable Service, of the reason for suspension or revocation. The notice of suspension or revocation will provide necessary information concerning the right to appeal.1.6.10 Any contractor whose certification has been suspended or revoked may appeal to the Department in writing within 10 Days of receipt of suspension or revocation.1.6.11 A contractor whose certification is revoked may not reapply for certification for 2 years from the date of revocation.1.7 Appeals 1.7.1 Appeal Procedures 1.7.1.1 Any business entity or individual who is initially denied certification, denied renewal of certification, or whose certification is suspended or revoked may request an evidentiary hearing before an impartial hearing officer.1.7.1.2 This request shall be made in writing to the Department within 10 Days of the initial notification of denial, suspension or revocation.1.7.1.3 The evidentiary hearing shall be scheduled by the Department within 14 Days of a written request.1.7.2 Evidentiary Hearing Procedures1.7.2.1 The Hearing shall be audio recorded by the Hearing Officer but no transcript is necessary. The audio recording shall be kept for at least 90 Days from the date that the Department makes its final decision in the matter. Respondents are entitled to have legal counsel present. Witnesses are sworn before testifying. The Hearing Officer decides all objections to evidence.1.7.2.2 The Hearing shall proceed in the following order:1.7.2.2.1 A brief opening statement is made by the prosecution, then the Respondent, if they so choose.1.7.2.2.2 The prosecution presents witnesses. After the prosecution is finished with the direct examination of a witness, the Respondent may cross-examine the witness.1.7.2.2.3 The Respondent presents witnesses. The Respondent may testify. The Respondent and any witnesses for the respondent are subject to cross-examination by the prosecution.1.7.2.2.4 Closing statements are made by the prosecution and then the Respondent.1.7.3 The Hearing Officer's Written Report and Decision1.7.3.1 Introductory Information1.7.3.1.1 Introductory information in the Report and Recommendation includes the date, time and place of the hearing, the Persons present and their capacities, and the witnesses who testified.1.7.3.2 Findings of Fact 1.7.3.2.1 The Hearing Officer shall make findings of fact based on the sworn testimony and exhibits entered into evidence at the hearing. Conflicting testimony is noted. If the Hearing Officer chooses to place more weight and credibility on certain testimony in evidence, the reasons are given. If critical testimony is uncontroverted by the opposing party, the Hearing Officer should say so. Evidence that is excluded or given less weight because of objection should be so noted. Exhibits relevant to the decision should be referenced and attached.1.7.3.3 Conclusions of Law 1.7.3.3.1 The Hearing Officer should explicitly state: "I make the following conclusions of law." This section applies facts to the applicable statute or law.1.7.3.4 Decision 1.7.3.4.1 The Hearing Officer shall then make a decision based on the Findings of Fact and Conclusions of Law.1.7.3.5 Procedures 1.7.3.5.1 The written Report and Decision shall be sent to the Respondent by Verifiable Service. The cover letter by the Hearing Officer shall inform the Respondent of the decision and shall state that the Respondent has the right to appeal the decision to the Environmental Appeals Board at that time.1.7.3.6 Burden of Proof 1.7.3.6.1 The Hearing Officer's Report and Recommendation should explicitly state that the Hearing Officer finds the prosecution proved, or did not prove, its case by a preponderance of evidence.1.7.3.6.2 Any applicant whose denial, suspension or revocation is upheld by the Hearing Officer may appeal to the Environmental Appeals Board. Appeals to the Environmental Appeals Board shall be in writing and shall be within 10 Days of receiving notice of denial, suspension, or revocation from the Hearing Officer.7 Del. Admin. Code § 1351-G-1.0
13 DE Reg. 1562 (06/01/10)
23 DE Reg. 581 (1/1/2020)
27 DE Reg. 533 (1/1/2024) (Final)