Section 0400-15-03-.09 - CONTRACTORS(1) DCAC(s) are not beneficiaries of the DCERF and shall have no right of claim against it. Any and all claims shall be against the applicant who hired the DCAC. An applicant can assign its rights to reimbursement from the DCERF to its DCAC for reimbursement amounts arising under the contract.(2) Neither an applicant nor the applicant's DCAC shall file false or inaccurate information with the Commissioner. Both the applicant and the applicant's DCAC are required to follow the methods and procedures established by the Commissioner for actions related to, but not limited to, release response, facility inspections, investigations, and remediation of sites. The applicant is required to compile and maintain copies of all technical or other documentation and reports required by the Commissioner in the event that the DCAC ceases to exist.(3) A DCAC shall be a person, as defined in Rule 0400-15-03-.02, responsible for conducting and overseeing the inspection, investigation, or remediation of a site in the DCERP. The Commissioner shall establish and maintain a list of DCACs according to this rule. The DCAC list shall have three categories. There shall be one category for DCACs approved to perform facility inspections, a second category for DCACs approved to perform investigative work, and a third category for DCACs approved to perform remediation work. There may be one DCAC for facility inspection, another DCAC for site investigation, and one or more DCAC(s) for remediation of the site. A person may apply to qualify for multiple DCAC categories.(4) A person may be approved to perform DCERF eligible work upon satisfying the following: (a) The person submits a written application to become a DCAC to the Commissioner in a format determined by the Commissioner. The application shall include, as applicable, the following and any other information requested by the Commissioner: 1. The organizational history of the person; years in business; location of offices; form of business (e.g., sole proprietor, partnership, corporation); and a list of officers and principals including their mailing addresses and telephone numbers;2. A copy of the latest audited annual financial statement or other approved alternate proof of financial stability;3. Proof of insurance as required in subparagraph (5)(l) of this rule with the the Department listed as an additional insured;4. If applying to be included in the remediation category, a copy of the certificate documenting that the person has a valid Tennessee Contractor's License with a Specialty Classification to perform remediation of hazardous substance or hazardous waste sites or the equivalent with a monetary limitation of at least $500,000;5. A detailed organizational chart showing only the employee names and titles that will perform work under the DCERP, a description of the project organization relating to staff that will perform work under the DCERP, and an indication of which staff, by job title and location, will perform which services;6. A resume for each person listed on the organizational chart and submitted as follows: (i) All resumes must be organized in sections by office location so that it is clear which personnel work from which office location;(ii) All resumes must include, at a minimum, the following information: (I) A description of the education of the person including the school and year graduated, degree and major area of study, and specialized training including, but not limited to, health and safety training;(II) The current position, title, and applicable licenses and registrations which the person holds. For example, if a person is listed on the organizational chart as an engineer, that person must have a Tennessee Professional Engineer License number or an Engineer Intern number listed on the resume. Any geologist listed on the organizational chart must have a Tennessee Geologist Registration number on the resume;(III) A detailed employment history of the person including, but not necessarily limited to, the number of years and type of experience, description of job duties for each position held, and names of companies for which the individual has worked; and(IV) List the sites on which the employee worked and describe the activities and duties performed by the employee, such as facility inspections, investigation, or remediation activities related to contamination resulting from the release of dense non-aqueous solvents or products, excluding polychlorinated biphenyls (PCBs);7. A description of the person's DCAC experience that includes the following: (i) If the person desires to be approved to perform facility inspections, descriptions of a minimum of three different facility inspections or facility audits performed by the current person's staff during the past three years at facilities which use or have on-site dense non-aqueous solvents or products, excluding PCBs;(ii) If the person desires to be approved to perform investigations at sites in the DCERP, descriptions of a minimum of three different investigations of contamination resulting from the release of dense non-aqueous solvents or products, excluding PCBs, in soil or groundwater, which current company staff has performed in the past three years;(iii) If the person desires to be approved to perform remediation phase work at sites in the DCERP, descriptions of a minimum of three different soil or groundwater remediation projects involving contamination resulting from the release of dense non-aqueous solvents or products, excluding PCBs, which current company staff have performed in the past three years. Remediation phase work includes, but is not limited to, preparing work plans and cost estimates for remedial phase work; designing, conducting, and evaluating remedial pilot tests and associated data findings; writing and amending Remedial Alternatives Study reports or other remediation phase documents that may be requested by the Commissioner; designing, conducting, evaluating, and monitoring full-scale remediation site work; and implementing full-scale plans of remediation;(iv) If a person desires to be approved for a combination of facility inspection, site investigation, and site remediation, a minimum of three sites for each category for which the person is applying; and(v) In these descriptions, state the duties performed, type of facility inspected, contaminants investigated or remediated, results of the inspection, investigation or remediation, and other pertinent information which would show the person's competency in inspection, investigation and remediation of contamination resulting from the release of dense non-aqueous solvents or products, excluding PCBs.(I) Only include sites worked by personnel who will work on sites in the DCERP.(II) Indicate the personnel who performed the inspection, investigation, or remediation, describe their job duties, and limit the discussion to two typed pages per site per category;8. Letters of recommendation for two sites described in part 7. of this subparagraph from clients describing the following:(i) If the person is applying to be approved for drycleaner inspection activities, facility inspection or facility audit activities at the site and the clients' opinions of the quality of work performed by the person's personnel;(ii) If the person is applying to be approved for investigation activities, investigation activities at the site and the clients' opinions of the quality of work performed by the person's personnel; and/or(iii) If the person is applying to be approved for remedial activities, remediation activities at the site and the clients' opinions of the quality of work performed by the person's personnel; (Note: If letters of recommendation are unavailable, other approved forms of verification can be substituted at the Commissioner's discretion.)
9. If the person, its officers, its principals, or any of the employees referenced in this subparagraph have previously been removed from the DCAC list, have been the subject of any professional license revocation or suspension proceeding, or have been assessed a civil penalty for violation of any environmental law in Tennessee or comparable law in another jurisdiction, a description of the circumstances, including the reason(s) for such action and the response action(s) taken by the person to assure there will not be similar problems in the future; and10. A notarized statement, sworn by an executive officer or principal of the person including the following provisions:(i) Neither the person nor any of the person's officers, principals, and employees have been convicted of, pled guilty to, or pled nolo contendere to violating any of the following or comparable environmental law in another jurisdiction: (I) Environmental Vandalism (T.C.A. § 39-14-408);(II) Illegal Disposal of Hazardous Waste (T.C.A. § 68-212-114);(III) Solid Waste Dumping (T.C.A. § 68-211-114);(IV) Air Pollution (T.C.A. § 69-201-112);(V) Water Pollution (T.C.A. § 69-3-115);(VI) Destruction of Aquatic Life or Habitat (T.C.A. § 70-4-206);(VII) Polluting of Drinking Water Supply (T.C.A. § 68-221-713);(VIII) Leaking Underground Petroleum Storage Tanks (T.C.A. § 68-215-120); or(IX) Knowingly gives or causes to be given any false information in any report, records, or documents (T.C.A. § 68-212-213);(ii) Neither the person nor any of the person's principals, officers, and employees have been convicted of, pled guilty to, or pled nolo contendere to any of the following or a comparable law in another jurisdiction: (I) Tampering with or fabricating evidence (T.C.A. § 39-16-503);(II) Destruction of and tampering with governmental records (T.C.A. § 39-16-504);(III) Destruction of valuable papers with the intent to defraud (T.C.A. § 39-14-130);(IV) Forgery (T.C.A. § 39-14-114);(V) Theft of services (T.C.A. § 39-14-104); or(VI) Theft of property (T.C.A. § 39-14-103);(iii) Neither the person nor any of the person's principals, officers, and employees has been found guilty in a court of competent jurisdiction of falsification of data or issuing fraudulent invoices;(iv) The person understands that reimbursement from the DCERF will be in accordance with the reasonable rate schedule as established by the Commissioner; and(v) The person and its personnel have the licenses and registrations required by the State of Tennessee to perform the activities that the contractor proposes to perform.(b) DCAC Registration Fee 1. A non-refundable registration fee of $500 shall be submitted with the application if the person is applying to be in one category of the DCAC list. A non-refundable fee of $750 shall be submitted if the person is applying to be in more than one category on the DCAC list.2. A person with more than one office location may either submit one combined DCAC application for all office locations under a single registration fee, or the person may submit a separate DCAC application for each office location. Should one office location be disqualified by the Commissioner from being a DCAC, any other offices that were included in a multiple-office DCAC application package under one registration fee would then be disqualified from being a DCAC.(c) A person who demonstrates to the Commissioner's satisfaction that the person has: successfully performed significant past activities in facility inspection, investigation, or remediation of contamination resulting from the release of dense non-aqueous solvents or products, excluding PCBs, through the site descriptions and letters of reference required in this rule; not violated environmental or other laws referenced in the sworn statement; paid the appropriate fee; and completed the other requirements listed in subparagraphs (a) and (b) of this paragraph shall be included in the next published DCAC list in the appropriate category(ies) following receipt by the Commissioner of the required insurance certificate. For initial evaluation to become a DCAC, it shall be assumed by the Commissioner that if a person has sufficient experience and qualifications to perform investigation or remediation activities at sites contaminated by dense non-aqueous solvents or products, excluding PCBs, then the person has sufficient qualifications to perform comparable activities at sites contaminated with Stoddard or other drycleaning solvents. If the person, its officers, its principals, or any of the employees referenced in subparagraph (a) of this paragraph have previously been removed from the DCAC list or have been the subject of any professional license revocation or suspension, or have been assessed a civil penalty for violation of any environmental law in Tennessee or comparable law in another jurisdiction, the person shall also be required to demonstrate to the satisfaction of the Commissioner that the circumstances, including the reason(s) for such actions, have been corrected and will not reoccur. A person who is not approved as a DCAC may appeal the Commissioner's determination to the Commissioner; however, the appeal must be filed within 30 days of the person's receipt of the Commissioner's certified letter notifying the person of non-approval.(d) Prior to October 31 of each year, each DCAC shall submit a renewal application including the following and other information requested by the Commissioner on the renewal application: 1. List of personnel who will work on sites in the DCERP in the upcoming year, and for each person on the list include the job title, job descriptions, office location, and telephone number. For employees who have not had a resume submitted to the DCERP on a previous application and personnel who have either received or lost licenses or registrations, submit resumes as described in subparagraph (a) of this paragraph.2. A valid insurance certificate showing insurance required by this chapter.3. A non-refundable fee of $200 if the person is renewing as a DCAC in one category and a non-refundable fee of $350 if the person is renewing as a DCAC in two or more categories.4. For a licensed contractor in the DCAC remediation category, also include documentation of a valid contractor's license to perform hazardous waste or hazardous substance site remediation or the equivalent with a monetary limitation of at least $500,000.(5) To remain on a list of DCACs:(a) The DCAC shall abide by and comply with the terms of any contract entered into with the owner or operator of a facility or impacted third party.(b) The DCAC shall have written contract(s) with all contractors/subcontractors. Contract(s) between the DCAC and contractors/subcontractors shall also contain provisions that all site workers working under authority of contractors/subcontractors shall have applicable health and safety training when required by the Tennessee Department of Labor or Occupational Safety and Health Administration (OSHA).(c) Site workers employed by the DCAC or its subcontractors shall have the applicable health and safety training when required by the Tennessee Department of Labor or OSHA.(d) The DCAC shall have a written contract with the owner or operator of the facility or impacted third party at each DCERF eligible site, and the contract shall contain the following sentences conspicuously located on the first page of the contract: "[DCAC Name] will/will not (mark one) use the drycleaner environmental response program's reasonable rate schedule when invoicing [insert name of drycleaner owner, operator, or impacted third party] for expenses incurred in the investigation and/or cleanup of this site. On behalf of [Applicant's Name], [DCAC Name] will prepare and submit timely reimbursement requests in accordance with Chapter 0400-15-03, including subparagraph (7)(d) of Rule 0400-15-03-.08.
On behalf of [Applicant's Name], [Person's Name] will prepare and submit timely reimbursement requests in accordance with DCERP rules including subparagraph (7)(d) of Rule 0400-15-03-.08 which allows applications for payment to be submitted 60 days following initiation of work and at 60 day intervals thereafter in addition, subparagraph (7)(f) of Rule 0400-15-03-.08 requires that in order to be eligible for payment from the drycleaner environmental response fund, a reimbursement request must be received, by the drycleaner environmental response program, within one year from the date expenses were incurred regardless of the duration of the work phase.
(e) The DCAC's services will be performed in a manner consistent with the level of care and skill ordinarily exercised by members of their profession practicing in the State of Tennessee, under similar conditions, and at the time the services were rendered. The DCAC shall not knowingly, willfully, or recklessly cause the spread of contamination nor inhibit response action at the site.(f) The DCAC will perform activities consistent with this chapter.(g) For at least five years after response actions have been completed for a site, the DCAC shall keep and preserve:1. Detailed records that demonstrate compliance with approved investigative and response action plans; and2. All invoices and financial records associated with costs for which reimbursement is or will be requested.(h) The DCAC shall follow methods and procedures established by the DCERP for facility inspection, oversight of remediation, investigation, and remediation of sites. The DCAC shall collect, gather, compile, and maintain documentation requested by the Commissioner.(i) Unless otherwise specifically approved by the Commissioner in writing, the following shall apply. All work done by the DCAC shall have the prior approval of a Registered Professional Engineer or Professional Geologist who is registered with the Tennessee Department of Commerce and Insurance, and the work shall be performed as specified according to a plan approved by the Commissioner. All plans and reports submitted to the Commissioner shall be prepared and signed by the Registered Professional Engineer or Professional Geologist who prepares or is responsible for the plan or report. A Registered Professional Engineer or Professional Geologist shall make periodic site visits to verify whether the work performed is as specified by the Registered Professional Engineer or Professional Geologist and according to a plan approved by the Commissioner. The DCAC shall require a Registered Professional Engineer or Professional Geologist to submit a signed certification based on their personal observation and review of job site records stating whether the work is performed as directed by the Registered Professional Engineer or Professional Geologist and whether the work is performed in accordance with a plan approved by the Commissioner. If the work is not performed according to the plan approved by the Commissioner, the certification shall include a listing of how the work performed varies from the approved plan, the authorization of the Registered Professional Engineer or Professional Geologist, and the specific reason for each variation. The certification for the appropriate phase of work shall be submitted with the report describing that phase of the work including, but not necessarily limited to, investigation reports, remediation reports, and as-built drawings.(j) The DCAC shall have all applicable license(s) and registration(s) required in the State of Tennessee and the local government where any work is performed;(k) The DCAC shall maintain liability insurance coverage of the types and with the minimum amounts described in parts 1. through 6. of this subparagraph, or the equivalent. The DCAC shall provide certification, with the Department listed as an additional insured on the DCAC's certificate of insurance, to the Commissioner of such coverage during the initial application process and yearly with the renewal application thereafter, or more frequently as necessary to keep the Commissioner updated as to the DCACs current insurance coverage. A lapse of required insurance coverage is sufficient cause for removal of the person from DCAC status and makes the DCAC ineligible for any reimbursements for work performed without insurance coverage. Insurance shall be through an insurance company or companies approved to do business in the State of Tennessee and shall be in effect prior to the person becoming a DCAC. The insurance shall be written in a comprehensive form, to the Commissioner's satisfaction. The general liability and pollution insurance policies shall have the Department named as an additional insured on Contractor's policies, and these policies shall have endorsements for a waiver of subrogation between the Contractor and the Department. 1. Worker's Compensation: (ii) Employer's Liability $500,000 (Without restriction as to whether covered by Workmen's Compensation Law)
2. Comprehensive General Liability (including Premises - Operations: Independent Contractor's Protective: Products and Completed Operations; Broad Form Property Damage; contractual): (i) Combined single limits for bodily injury and property damage: $1,000,000 Each Occurrence
$2,000,000 Aggregate
(ii) Products and Completed Operations to be maintained for one year after final payment.(iii) Property Damage Liability insurance shall include coverage for perils of explosion, collapse, and underground hazard.(iv) Comprehensive General Liability shall apply per job.3. For DCACs qualifying in the contractor categories for investigation activities or remediation activities, pollution insurance for bodily injury and property damage: $1,000,000 Each Occurrence
$2,000,000 Aggregate For DCACs who will only conduct work in the facility inspection or remediation oversight contractor categories, the pollution insurance requirement does not apply.
4. Personal injury: $1,000,000 Each Occurrence $2,000,000 Aggregate
5. Comprehensive Automobile Liability:(i) Split limits of $500,000 (bodily injury per person)/$1,000,000 (bodily injury per occurrence)/$250,000 (property damage per occurrence); or(ii) Combined single limits for bodily injury and property damage: $1,000,000 Each Occurrence
6. The DCAC shall require that all subcontractors that perform site work shall be covered by insurance to the limits stated in this subparagraph. Upon request, the DCAC shall secure a copy of said insurance policy for the Department.(l) Once the DCAC receives a stop work notice, the DCAC shall file no additional plans, scopes of work, or cost estimates to the DCERP unless the stop work is removed by the Commissioner.(m) The DCAC shall submit timely annual registration renewal applications as required by subparagraph (4)(d) of this rule.(n) If it becomes reasonably apparent while conducting environmental response activities that an interim action is warranted to abate or mitigate an actual or threatened release or exposure pathway, the DCAC shall take such action within 24 hours after discovery of the danger and shall provide notice to the applicant and the Commissioner of the interim action.(6) A DCAC may be removed from the DCAC list if the DCAC, its principals, officers, or employees has done any of the following: (a) Violates these rules;(b) Charged the DCERP, the owner or operator of the facility, or impacted third party for work that was not performed;(c) Fails to obtain or maintain necessary licenses;(d) Fails to maintain the required insurance in subparagraph (5)(k) of this rule;(e) Files an inaccurate DCERF reimbursement request with errors in personnel titles, rates, activities performed, equipment used, material used, or other items which cause or would cause an overpayment of DCERF money to the DCAC;(f) Misrepresentation of environmental conditions concerning the site; unreasonable delaying submittal of pertinent site data and information; filing or reporting of false, misleading, or inaccurate information with the Commissioner; or any intentional actions which significantly impedes the Commissioner's ability to properly evaluate the site or determine appropriate response actions for that site;(g) Has been the subject of any professional license discipline, or has been assessed a civil penalty for violation of any environmental law in Tennessee or comparable law in another jurisdiction;(h) Has been convicted of, pled guilty to, or pled nolo contendere to violating any of the following or comparable environmental law in another jurisdiction; 1. Environmental Vandalism (T.C.A. § 39-14-408);2. Illegal Disposal of Hazardous Waste (T.C.A. § 68-212-114);3. Solid Waste Dumping (T.C.A. § 68-211-114);4. Air Pollution (T.C.A. § 69-201-112);5. Water Pollution (T.C.A. § 69-3-115);6. Destruction of Aquatic Life or Habitat (T.C.A. § 70-4-206);7. Polluting of Drinking Water Supply (T.C.A. § 68-221-713);8. Leaking Underground Petroleum Storage Tanks (T.C.A. § 68-215-120); or9. Knowingly gives or causes to be given any false information in any report, records, or documents (T.C.A. § 68-212-213);(i) Has been convicted of, pled guilty to, or pled nolo contendere to violating any of the following or a comparable law in another jurisdiction; 1. Tampering with or fabricating evidence (T.C.A. § 39-16-503);2. Destruction of and tampering with governmental records (T.C.A. § 39-16-504);3. Destruction of valuable papers with intent to defraud (T.C.A. § 39-14-130);4. Forgery (T.C.A. § 39-14-114);5. Theft of services (T.C.A. § 39-14-104);6. Theft of property (T.C.A. § 39-14-103);(j) Is found to have engaged in the unauthorized practice of engineering, contracting, or geology under T.C.A. §§ 62-2-101 to -110, T.C.A. §§ 62-6-101 to -139, or T.C.A. §§ 62-36-101 to -122, or a comparable law in another jurisdiction by the appropriate regulatory agency or court;(k) Performs a non-approved action that increases costs for the DCERF, the drycleaner operator, or the impacted third party;(l) Files three plans that are rejected by the Commissioner as deficient or fails to correct a plan based on comments from the Commissioner without supplying acceptable explanation to the Commissioner;(m) Files plan(s) or report(s) that do not bear the appropriate signature and Tennessee registration number of a Registered Professional Engineer or Professional Geologist;(n) Deviates from a plan or scope of work as approved by the Commissioner without the approval of the Commissioner. This includes, but is not limited to, the following: 1. Failure to follow quality assurance and quality control approved in the plan;2. Failure to follow the schedule for implementation approved in the plan; or3. Failure to perform the activities listed or described in the plan.(o) Fails to submit a complete renewal application by December 31 in the format required by the Department;(p) Performs work at a site in the DCERP after a stop work or termination date established by the Commissioner;(q) Fails to perform activities required in this chapter or allows activities required in these rules to not be performed;(r) Fails to demonstrate the skills, techniques, procedures, or knowledge necessary to perform DCAC work in accordance with this chapter;(s) Performs work in a category in which the DCAC is not approved;(t) Fails to submit timely reports or reimbursement requests to the Commissioner; or(u) Has been found guilty in a court of competent jurisdiction of falsification of data or issuing fraudulent invoices.(7) The process for removing a person from the DCAC list shall be as follows: (a) The review process shall be initiated when a complaint is referred to the Commissioner or the Commissioner determines the person's activities as a DCAC should be evaluated.(b) The Commissioner shall inform the person via certified mail that the person's activities as a DCAC under the DCERP are to be reviewed. The person shall submit to the Commissioner a list of all sites where the person is performing DCERF eligible work, and the person shall cooperate with the Commissioner in any and all ways requested by the Commissioner. The Commissioner shall perform its investigation and notify the person of the findings.(c) The Commissioner may request the person to appear at a meeting to show cause why the Commissioner should not remove the person from the DCAC list.(d) The person may request a meeting with the Commissioner.(e) The Commissioner shall notify the person of the Commissioner's decision by sending a certified letter to the last known address of person on file with the DCERP. If the Commissioner determines that removal of the person from the DCAC list is warranted:1. The certified letter sent by the Commissioner to the person shall specify a date to terminate work on DCERF eligible sites. After the stop work date, no activities performed by the company on any DCERP site shall be DCERF reimbursable unless the company appeals to the Commissioner, and the Commissioner determines to allow the person to continue as a DCAC, or the person reapplies to the Commissioner, and is accepted by the Commissioner.2. The person shall have 30 days from the person's receipt of the Commissioner's certified letter notifying the person of removal from the list of DCACs to request an appeal. If the person does not appeal within the required time period, the decision of the Commissioner shall be final. An appeal to the Commissioner will stay the removal of the person from the DCAC list. However, an appeal to the Commissioner shall not prohibit the Commissioner from terminating or preventing the DCAC from working on DCERF eligible sites during the appeal process, and any work performed after the termination date and during said termination shall not be DCERF eligible whether or not the person remains on the DCAC list following appeal.3. The Commissioner shall notify all sites which the person identified as DCERF reimbursable sites of the stop work date and that the person's work after the stop work date is not eligible for reimbursement from the DCERF unless otherwise notified by the Commissioner.(f) If a person is removed from the list, other DCACs with common officers or principals shall be reviewed to determine whether to remove those DCACs from the DCAC list.(g) If a person is removed from the DCAC list, the person or a person with any of its principals or officers cannot reapply for a period of one year from date of removal. If a person is removed as a result of conviction of, pled guilty to, or pled nolo contendere to a violation of an environmental law listed in subparagraph (6)(h) of this rule or other violations listed in subparagraph (6)(i) of this rule, the person and any of its officers or principals who were convicted, pled guilty, or pled nolo contendere shall not reapply to become a DCAC under the person's name or any other entity.(8) The DCAC list shall have a category which lists the number of times a person has been removed from the DCAC list. If a person, its principals, or its officers are removed from the list three times, then the person, its principals, and its officers are not eligible to reapply for addition to the DCAC list.(9) The initial application, renewal applications, plans and reports, and DCERF reimbursement requests shall include the following certification: "I certify under penalty of law, including but not limited to penalties for perjury, that the information contained in this (select one or another term as appropriate: application, form, report, study) and on any attachments, is true, accurate and complete to the best of my knowledge, information, and belief. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for intentional violations."
(10) The appearance of a person on the DCAC list shall in no way establish liability or responsibility on the part of the Commissioner, the DCERF, or the State of Tennessee regarding the services provided by the person or circumstances that may occur as a result of such services. Furthermore, the appearance on the DCAC list is not an endorsement by the Department or State of Tennessee for the person to perform any services outside of the DCERP.(11) A person working as a subcontractor under contract to a DCAC is not required to be classified as a DCAC. The subcontractor must maintain all applicable license(s) and registration(s) required in the state of Tennessee for work performed. The DCAC must ensure that subcontractors performing remediation activities have a valid Tennessee Contractor's License with a Specialty Classification to perform remediation of hazardous substance or hazardous waste sites or the equivalent with a monetary limitation of at least $500,000.(12) The DCAC must be the lead contractor and cannot be a subcontractor to a non-DCAC functioning as the primary contractor. For sites with multiple DCACs, the program shall consider the DCAC with the qualifications for that particular work phase to be the primary DCAC.(13) A DCAC may employ the environmental professional labor services of contractors or individuals who are not recognized by the Commissioner as a DCAC. In such cases, however, the qualifications of any staff that are used on a subcontracted basis shall be provided to the DCERP for review. The DCAC remains responsible for the work that is done by any staff under its employ, including subcontracted staff. The Commissioner also requires that any subcontracted professional labor services be billed through the DCAC and not billed to the DCERP or to the applicant separately or directly by any subcontracted labor entity.(14) It is the responsibility of DCACs to seek written clarification from the DCERP concerning whether Commissioner-issued approvals of work plans, project budgets, or other such items submitted by one DCAC to the DCERP are transferable with no modifications to another DCAC. Such situations can occur when there is a change in DCAC during the course of a project. The DCERP does not consider work plans, project budgets, and other similar items to automatically remain in force and transfer 'as-is' over to the new DCAC when a change in DCAC occurs.Tenn. Comp. R. & Regs. 0400-15-03-.09
Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-17 which was repealed. Amendments filed February 28, 2024; effective 5/28/2024.Authority: T.C.A. §§ 4-5-201, et seq., and 68-217-101, et seq.