New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 105 - CERTIFICATION OF TANK INSTALLERS AND JUNIOR INSTALLERS; REQUIREMENTS FOR TESTERS › Section 20.5.105.510 - ON-SITE EXAMINATION FOR INSTALLER

Current through Register Vol. 35, No. 13, July 16, 2024
A. To qualify for individual certification
				under 20.5.105.505 NMAC or 20.5.105.506 NMAC, an applicant shall pass an
				on-site examination consisting of a successful installation of the regulated
				and applicable (AST or UST) type of storage tank system in the presence of a
				designated employee of the department. The applicant shall complete each aspect
				of the installation successfully in order to pass the examination, including
				use of proper materials, proper assembly of materials and proper testing of the
				tank and piping at the appropriate times during the installation.
B. An applicant may request an on-site
				examination for UST or AST certification any time within 180 days of the date
				of submission of the application provided for in Paragraph (1) of Subsection A
				of 20.5.105.505 NMAC or Paragraph (1) of Subsection A of 20.5.105.506 NMAC and
				shall accompany the request with a nonrefundable $300 fee. The applicant shall
				notify the department of the date and the site of the on-site examination 30
				days prior to the examination. For good cause shown, the department may, in its
				sole discretion, grant an applicant one 180-day extension of the time period
				during which the applicant must take the on-site examination. The department
				shall not grant more than one extension. If the applicant does not schedule an
				on-site examination within these time periods, the applicant shall file a new
				application for certification and comply with all the application requirements
				in 20.5.105.505 NMAC or 20.5.105.506 NMAC as applicable.
C. The applicant shall be responsible,
				subject to approval by department staff, for identifying a satisfactory site
				and date(s) for the on-site examination. The applicant is also responsible for
				ensuring that all necessary equipment and appropriate materials necessary for
				the installation are on site. Department staff shall fail any applicant who has
				three significant errors during the on-site examination. For purposes of this
				section, significant errors include, but are not limited to, use of materials
				or installation practices that violate these regulations, manufacturer's
				installation instructions, or other industry standards. As long as a department
				staff member responsible for assessing the on-site exam is present, the
				applicant may perform the activities involved in the exam even though the
				applicant is not a certified installer.
D. The installation shall be assessed by the
				department employee present at the examination who shall present findings to
				the department, with a recommendation as to whether or not the applicant passed
				the on-site examination. The department shall make the determination as to the
				success of the installation and notify the applicant by mail within 30 days of
				completion of the installation. If the applicant did not pass the examination,
				the department shall inform the applicant that the applicant may retake the
				examination upon payment of a nonrefundable $300.00 fee and upon such
				conditions as the department may impose to ensure that the applicant is
				prepared to perform a more successful installation. If the applicant does not
				retake the examination within 180 days of being notified that the applicant did
				not pass the examination or if the applicant fails the on-site examination a
				second time, the applicant shall file a new application for certification with
				the department if the applicant desires to become a certified
				installer.
E. The department
				employee may stop an on-site examination if the employee determines that the
				installation being conducted constitutes a threat to public health, safety or
				welfare or the environment. If the examiner stops the installation, the
				examiner's findings shall be presented to the department with a "do not pass"
				recommendation. The department shall notify the applicant of its decision as
				provided in Subsection D of this section.