Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.55 - Certification through Experience in Toxics Use Reduction Activities

Current through Register 1525, July 5, 2024
(1) The Department may certify an applicant
			 as a limited practice toxics use reduction planner if he or she has at least
			 two years of full-time work experience in toxics use reduction activities.
			 Part-time work experience in toxics use reduction activities may be pro-rated
			 in accordance with
			 310
			 CMR 50.52(2) and
			 (4).
(2) As used in
			 310 CMR
			 50.00, "toxics use reduction activities" include, but
			 are not limited to, activities in which the individual uses the skills or
			 knowledge necessary to conduct the analyses set forth in
			 310
			 CMR 50.51(2)  or activities
			 in which the individual uses the skills or knowledge necessary to evaluate
			 whether the analyses set forth in
			 310
			 CMR 50.51(2)  were conducted
			 in accordance with
			 310 CMR
			 50.40. Successful completion of the toxics
			 use reduction planner certification course shall also constitute a toxics use
			 reduction activity, and shall count for six months of the two years of work
			 experience required pursuant to 310 CMR 50.55(1).
(3) In order to become certified under 310
			 CMR 50.55, an applicant shall demonstrate to the Department that he or she
			 understands how the skills or knowledge referred to in
			 310
			 CMR 50.51(2)  relate to
			 toxics use reduction plans.
(4) In
			 determining whether an applicant satisfies 310 CMR 50.55(1) and (3), the
			 Department may consider, without limitation, whether, through work experience,
			 the applicant used or gained skills or knowledge that enable the applicant to
			 conduct or evaluate the analyses set forth in
			 310
			 CMR 50.51(2).
(5) A planner certified pursuant to 310 CMR
			 50.55 may certify plans for any facility owned or operated by his or her
			 employer, provided that he or she demonstrates to the Department that at least
			 one year of his or her experience in toxics use reduction activities is related
			 to the operations of the facility. In determining whether the planner's
			 experience in toxics use reduction activities is related to the operations of
			 the facility at which the planner seeks to certify a plan, the Department may
			 consider, without limitation, the similarity of the production units, products,
			 or processes at facilities where the planner received his or her experience in
			 toxics use reduction activities to those at the facility at which the planner
			 seeks to certify a plan.
(6) As it
			 is used in
			 310 CMR
			 50.50, "employer" means an individual or
			 organization for whom the planner works and receives wages on a regular basis.
			 For purposes of
			 310 CMR
			 50.50, a planner may not have more than one
			 employer within the same time period. If a planner is an independent contractor
			 and performs work for an individual or organization under a contract, for
			 purposes of
			 310 CMR
			 50.50, the individual or organization is not
			 the planner's employer.