11 Miss. Code. R. 5-1.10

Current through December 10, 2024
Rule 11-5-1.10 - Environmental Response Action Contractor (ERAC) Application Process
A. ERAC's shall be responsible for the engineering and/or geologic portion of response actions related to any discharge, release, or threatened release of motor fuels. The Department shall determine when a release necessitates a response from an ERAC.

A Registered Professional Engineer (PE) that is listed as an ERAC is limited to the work identified in Miss. Code Ann. Sections 73-13-1, et seq., related to the practice of engineering. A Registered Professional Geologist (PG) that is listed as an ERAC is limited to the work identified in Miss. Code Ann. Sections 73-63-1, et seq., related to the practice of geology. ERACs shall be identified on the approved list maintained by the Department by their professional designation(s) of PE, PG, or PE and PG for dual designations.

B. To be considered for listing as an ERAC, an applicant must submit a completed application to the Department's Underground Storage Tank Branch. The application must contain, at a minimum, the following documentation:
(1) demonstration that the applicant is a Professional Engineer or Registered Professional Geologist or, in the case of a firm or business, employs at least one full time (40 hours per week) Professional Engineer or Registered Professional Geologist licensed to practice in Mississippi;
(2) a Quality Assurance/Quality Control (QA/QC) Plan developed in accordance with the requirements of the Department;
(3) a current certificate of insurance proving that the applicant holds professional liability insurance in an amount not less than one million dollars ($1,000,000); and,
(4) evidence of the successful completion of three (3) assessments and the successful implementation of two (2) remediation activities. Such work must have been performed within five (5) years preceding the date of application.

11 Miss. Code. R. 5-1.10

Miss. Code Ann. §§ 49-2-9(1)(b), 49-17-17(i), 49-17-401, et seq., 49-2-1, et seq. and 49-17-1, et seq.