California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 5 - Conduct of Business and Prohibited Acts › Section 2773 - Grounds for Disciplinary Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A tank tester may be liable civilly and in addition may be
					 subject to administrative sanctions including, but not limited to, notices of
					 warning, letters of caution, fine assessments, denial, suspension, probation,
					 or revocation of his or her license in accordance with sections
					 25284.4(g) and
					 (h) of the Health and Safety Code for
					 performing or causing another to perform, any of the following acts:
(a) willfully or negligently violating,
				  causing, or allowing the violation of the provisions of Chapters 16 and
				  17;
(b) willfully or negligently
				  failing to exercise direct and personal supervision over an unlicensed
				  employee, associate, assistant, or agent during any phase of tank or piping
				  integrity testing;
(c) without
				  regard to intent or negligence, using or permitting a licensed or unlicensed
				  employee, associate, or agent to use any tank or piping test method or
				  equipment which is demonstrated to be unsafe or which does not meet the
				  requirements of section
				  2643 of Chapter 16;
(d) submitting false or misleading
				  information in connection with an application for license or engaging in
				  fraudulent or dishonest activity during the course of an examination for
				  licensure;
(e) using fraud or
				  deception in the course of doing business as a tank tester,
(f) failing to follow standard procedures set
				  by the manufacturer of the equipment used and which were included in evaluating
				  the equipment for conformance with EPA standards.
(g) failing to maintain competence in the
				  test method and procedures for which the tank tester received training and
				  which the tank tester uses to test tanks and associated piping;
(h) failing to use tank and piping test
				  methods or equipment that has been determined to meet performance standards set
				  by federal regulations in 40
				  CFR 280.40,
				  280.43, and
				  280.44;
(i) failing to notify the Division within 30
				  calendar days of any change of residence or business address and telephone
				  numbers;
(j) failing to include the
				  licensee's name, address, and license number in any advertisement as defined in
				  section 2731;
(k) aiding or abetting an unlicensed tank
				  tester or assigning a license as defined in section
				  2731;
(l) failing to possess, while performing
				  services, a license which shall be presented upon demand to the tank owner or
				  operator, the Division or its agents or any state or local official;
(m) failing to keep and maintain complete and
				  correct records as described in sections
				  2771 and
				  2772;
(n) violating section
				  17500
				  of the Business and Professions Code;
(o) failing to have successfully completed
				  training from a manufacturer of tank or piping test equipment in the test
				  method being used by the licensee prior to using the test method; and
(p) using tank or piping test equipment and
				  procedures which do not meet the requirements of Article 4 of Chapter
				  16.
1. New
					 section filed 3-30-89 as an emergency pursuant to Health and Safety Code
					 section
					 25284.4(e);
					 operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register
					 82, No. 4.
2. Amendment of section heading and text filed 6-6-94;
					 operative 7-6-94 (Register 94, No. 23).
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code; and Section
						17500,
						Business and Professions Code.