Section R311-201-6 - Standards of Performance(1) Individuals who are certified in accordance with Rule R311-201 must: (a) display the certificate upon request;(b) comply with all local, state, and federal laws, rules, and regulations regarding the PST activity for which certification is granted;(c) report the discovery of any release caused by or encountered in the course of performing the PST activity for which certification is granted to the director, the local health district, and the local public safety office within 24 hours. (i) certified PST consultants and certified samplers must report the discovery of any release caused by or encountered in the course of performing environmental media sampling for compliance with Utah PST rules, or report the results indicating that a release may have occurred, to the director, the local health district, and the local public safety office within 24 hours. (d) not participate in fraudulent, unethical, deceitful, or dishonest activity with respect to a certificate application or performance of work for which certification is granted; and(e) not participate in any other regulated certification program activities without meeting all requirements of that certification program.(2) The director may audit or commission an audit of records which support eligibility for certification, or performance of work for which certification is granted, at any time. (a) audits may be determined by random selection or for specific reasons, including suspicion or discovery of inaccuracies on an application for certification or performance of substandard work for which certification is granted, or deficiencies in complying with regulations.(3) Certified individuals must, in addition to meeting the performance standards in Subsection R311-201-6(1), comply with the following: (a) certified PST consultant. An individual who provides PST consulting services in the state must: (i) provide, or shall associate appropriate personnel to provide a high level of experience and expertise in release abatement, investigation, or corrective action;(ii) perform, or take steps to ensure that work is performed with skill, care, and diligence consistent with a high level of experience and expertise in release abatement, investigation, or corrective action;(iii) perform work and submit documentation in a timely manner;(iv) review and certify by signature any documentation submitted to the director in accordance with PST release-related compliance; and(v) ensure and certify by signature pertinent release abatement, investigation, and corrective action work performed under the direct supervision of a certified PST consultant.(b) UST inspector. An individual who performs PST inspecting for the Division of Environmental Response and Remediation shall: (i) conduct inspections of PSTs and records to determine compliance with this rule only as authorized by the director.(c) UST tester. An individual who performs PST testing in the state must: (i) perform work in a manner that does not cause a release of the contents of the tank;(ii) assure that operations of PST testing which are critical to the integrity of the system and to the protection of the environment are supervised by a certified person; and(iii) perform work in a manner that the integrity of the PST system is maintained.(d) UST installer. An individual who performs PST installation or repair in Utah must:(i) be certified to assure the proper installation of all elements of PST systems which are critical to the integrity of the system and to the protection of the environment, including:(A) pre-installation tank testing;(B) tank site preparation including anchoring, tank placement, and backfilling;(C) cathodic protection installation, service, or repair;(D) vent and product piping assembly;(E) fill tube attachment;(F) installation of tank manholes;(H) secondary containment construction; and(ii) notify the director as required by Subsection R311-203-3(1) before installing or upgrading an PST.(e) UST remover. An individual who performs PST removal in the state must:(i) assure that operations of tank removal which are critical to safety and to the protection of the environment which includes: (A) removal of soil adjacent to the tank;(C) final removal of product and sludges from the tank, cleaning of the tank, purging or inerting of the tank, removal of the tank from the ground, and removal of the tank from the site must be supervised by a certified person; and(ii) not proceed to close a regulated PST without an approved closure plan, except as outlined in Subsection R311-204-2(2).Utah Admin. Code R311-201-6
Amended by Utah State Bulletin Number 2016-24, effective 1/1/2017Amended by Utah State Bulletin Number 2021-18, effective 9/13/2021Amended by Utah State Bulletin Number 2022-15, effective 7/15/2022