S.C. Code Regs. § § 61-98.IV

Current through Register Vol. 48, 12, December 27, 2024

Section 61-98.IV - Certification of Site Rehabilitation Contractors

A. Certification Requirements.

1. Applicability. This section applies to contractors or subcontractors who directly or indirectly participate in site rehabilitation whether or not SUPERB funding has been or will be sought.

2. Within 120 days of regulation promulgation, site rehabilitation contractors who perform on-site work as a primary contractor under the SUPERB Act must be certified under this regulation. The Department will certify those site rehabilitation contractors that demonstrate sufficient experience and knowledge in performing site rehabilitation activities related to releases of regulated substances from underground storage tanks. Site rehabilitation contractors must maintain certification to perform site rehabilitation actions. Contractors providing off-site support services (e.g., analytical laboratories) are not required to be certified under this regulation. Class I sub-contractors are also required to be certified under this regulation. The primary contractor maintains responsibility for the quality of work performed by individuals or companies sub-contracted to them.

3. Classes of Certification. Site rehabilitation contractors shall be certified in one or both of the following classes:

a. Class I. Contractors performing work involving the collection and interpretation of investigative data; the evaluation of risk; and/or the design and implementation of corrective action plans.

b. Class II. Contractors performing work involving routine investigative activities (e.g., soil or ground water sampling, well installation, aquifer testing) where said activities do not require interpretation of the data and are performed in accordance with established regulatory or industry standards.

4. Qualifications. An applicant, which may be an individual or a company, shall be certified as a site rehabilitation contractor upon satisfaction of the requirements in 4.a or 4.b, as appropriate. For a company to become certified, a full-time permanent employee of that company must satisfy the requirements in 4.a or 4.b, as appropriate.

a. Applicants for a Class I certification must satisfy the following:

(1) registration as a Professional Engineer or Geologist in South Carolina including three years applicable experience in performing site rehabilitation activities related to releases of regulated substances from underground storage tanks.

b. Applicants for a Class II certification must satisfy the following:

(1) a minimum of three years applicable experience in performing site rehabilitation activities related to releases of regulated substances from underground storage tanks; and,

(2) any necessary South Carolina certification and/or license (e.g., Well Driller).

c. Applicants for either class shall maintain liability insurance coverage of the types and in the amounts described in the table below and shall provide certification to the Department of such coverage upon meeting the requirements of 4.a and/or 4.b. of this Section, and yearly thereafter.

Type of Policy	Limits of Liability
General Liability	$500,000 per occurrence $1,000,000 aggregate
Professional Liability	$500,000 per occurrence $1,000,000 aggregate
Pollution/Property Damage	$300,000

The contractor shall be required to indemnify the property owner, underground storage tank owner/operator and the State of South Carolina from and against all claims, damages, losses and expenses arising out of or resulting from activity conducted by the contractor, its agents, employees or subcontractors.

B. Public Notice and Certificate Issuance.

1. For new applications, a list of those contractors requesting certification shall be placed on public notice in the State Register each month and shall be open for comment for a period of thirty (30) days.

2. The Department shall issue a Certificate to any applicant who has satisfactorily met all the requirements of these rules. Certificates shall show the full name of the contractor, the date of certification, give a certification number, and be signed by a Department representative.

3. The Department shall publish a roster showing the names and places of business of all certified site rehabilitation contractors. Copies of this roster shall be provided to the public on request.

4. Each applicant for, or holder of, a certificate shall notify the Department at its office within thirty (30) days of any changes of address or telephone number.

5. Each applicant for, or holder of, a certificate shall notify the Department at its office within thirty (30) days of any changes that may affect qualification pursuant to Section IV.A.4 of this regulation.

6. Within thirty (30) days of receipt of information that may affect certification of an applicant for, or holder of, a certificate, the Department shall evaluate the current qualifications of the applicant or holder and make a determination as to certification per the requirements of this regulation.

C. General Requirements.

1. All plans, reports, invoices and other documents relating to site rehabilitation activities which have been prepared or approved by a certified contractor shall be signed by the certified contractor and bear his certification number.

2. The certification of a site rehabilitation contractor shall in no way establish liability or responsibility on the part of the Department or the State of South Carolina in regards to the services provided by the contractor or circumstances which may occur as a result of such services.

3. Except as permitted by this regulation, a UST owner or operator shall not knowingly allow the initiation, implementation or completion of site rehabilitation with a decertified or suspended contractor. A UST owner or operator may rely upon the certification of a contractor that it or its affiliates are not decertified or suspended from site rehabilitation, unless it knows that the certification is erroneous.

D. Use of Owner/Operator Personnel.

1. The use of an UST owner or operator's personnel and equipment in performing site rehabilitation activities must be approved by the Department.

a. Prior to commencing any site rehabilitation activities, the owner or operator shall make a demonstration to the satisfaction of the Department with respect to the capability of the owner or operator's personnel to perform the work in a manner which shall comply with Section 44-2-50 of the SUPERB Act. Particular consideration shall be given to the background and experience of the personnel who will perform the work and their knowledge of the technical considerations necessary to perform the site rehabilitation; and

b. An owner or operator or his personnel who performs site rehabilitation activities is required to comply with the provisions of Section IV.A. of this regulation.

c. An owner or operator or his personnel desiring to perform site rehabilitation activities must satisfy the liability insurance requirements of IV.A.4.c. above, including indemnification of other property owners.

2. If the Department determines that an owner or operator cannot perform site rehabilitation in compliance with Section II.A of this regulation, the Department may require the owner or operator to obtain the services of a certified site rehabilitation contractor.

S.C. Code Regs. § 61-98.IV