Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-300 - Voluntary Action Program › Section 3745-300-05 - Certified professionals

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see rule
				3745-300-15 of the
				Administrative Code titled "Incorporation by reference - voluntary action
				program."]
(A) Criteria for
			 certification.
(1) Individuals applying for
			 certification shall provide such information and evidence as Ohio EPA deems
			 reasonably necessary to enable the director to determine that the individual
			 meets the qualifications provided in this rule.
(2) The director shall issue a certificate to
			 an individual upon a demonstration, to the director's satisfaction, of the
			 following:
(a) The individual has earned a
			 minimum of a bachelor's degree from a recognized educational institution in
			 biology, chemistry, environmental sciences, geology, hydrogeology, toxicology,
			 scientific subdisciplines of public health or hazardous waste management,
			 appropriate areas of engineering, or in a curriculum determined to be
			 equivalent by the director. The charter or accreditation of the recognized
			 educational institution shall have been effective as of the date the
			 individual's degree was granted.
(b) The individual possesses eight years of
			 relevant professional experience three of which are supervisory or project
			 management related. Such experience shall consist of an average minimum of
			 twenty hours per week. Relevant professional experience that consists of less
			 than an average minimum of twenty hours per week shall be applied toward the
			 satisfaction of this requirement on a pro rata basis.
(c) The individual possesses the professional
			 competence and knowledge to perform the tasks required of a certified
			 professional. This determination shall be made by a review of evidence
			 including, but not limited to, references, Ohio EPA comments on past work
			 submitted to Ohio EPA, the application form, and other sources the director
			 deems appropriate. To make this determination, the director
			 
										may
			 consider the following:
(i) Proficiency of the
			 individual.
(ii) Duration of the
			 individual's relevant employment.
(iii) Previous performance of the individual
			 with regard to various investigative methods used, including but not limited
			 to, whether such experience includes work at sites where subsurface
			 investigations that involved hazardous substances or petroleum
			 occurred.
(iv) Previous performance
			 of the individual with regard to past performance working with Ohio
			 EPA.
(v) Previous performance of
			 the individual with regard to the various types of remedial systems designed
			 and monitored.
(vi) Performance of
			 the individual with regard to risk and exposure assessments.
(vii) Performance of the individual with
			 regard to evaluating laboratory data quality and sufficiency to conduct a
			 voluntary action.
(viii) Number of
			 individuals and disciplines of other professionals supervised or coordinated by
			 the individual.
(ix) Nature of
			 conclusions reached and recommendations and opinions presented by the
			 individual.
(x) Any other factors
			 the director deems relevant.
(d) The individual completed initial
			 certification training in accordance with this rule. Each individual who
			 applies for initial certification shall complete initial certification training
			 by attending all sessions of the initial certification training. Initial
			 certification training shall consist of at least eight hours of instruction
			 pertaining to the technical implementation of Chapter 3746. of the Revised
			 Code, this chapter, and the standards of conduct a certified professional shall
			 exercise when professional services are provided under Chapter 3746. of the
			 Revised Code and this chapter.
(i) The
			 training may be conducted by Ohio EPA or a third-party in a manner and using
			 materials approved by Ohio EPA. Ohio EPA shall review, and, with or without
			 modification, shall approve the training syllabi, and the scope and content of
			 training and training materials used by a third party prior to use at an
			 initial certification training.
(ii) Ohio EPA or the third party who conducts
			 the initial certification training may charge each person who registers for or
			 who attends the initial certification training a non-refundable fee,
			 established at a level sufficient to defray the actual costs of the training.
			 The fee amount is subject to Ohio EPA approval.
(iii) Upon the conclusion of each initial
			 certification training, Ohio EPA or the third-party shall provide each person
			 who completed the initial certification training a certificate of completion.
			 The third party shall submit to Ohio EPA the name and contact information of
			 each person who completed the initial certification training.
(iv) Initial certification training is valid
			 for one year after the date the individual completes the initial certification
			 training as provided in the certificate of completion. If the individual who
			 applies for initial certification does not submit the application within one
			 year after completion of the initial certification training, the individual
			 shall re-take the training.
(e) Possesses good moral character. Evidence
			 of an inability to comply with the ethical responsibilities required of a
			 certified professional with good moral character includes, but is not limited
			 to, acts that involve dishonesty, fraud, or deceit.
(3) An individual who has earned advanced
			 degrees from recognized educational institutions in addition to those required
			 to meet the minimum educational requirements may request that the director
			 credit that additional education toward the requirements for relevant
			 professional experience if the individual can demonstrate to the director's
			 satisfaction that the advanced degree constitutes relevant experience. Credit
			 may be granted in accordance with the following:
(a) One year credit for each relevant
			 master's degree.
(b) Two years
			 credit for a relevant doctorate degree.
(c) A maximum of two years credit may be
			 granted for such additional education.
(4) Certification shall be denied if the
			 director finds the following:
(a) The
			 individual does not meet the requirements provided in paragraph (A)(2) of this
			 rule.
(b) The individual committed
			 an act that involves dishonesty, fraud, or deceit, or otherwise lacks
			 sufficient honesty or integrity.
(c) The individual fails to pay the fees and
			 costs as provided in this chapter.
(5) An individual may be denied certification
			 if the director finds that the individual is or was subject to certification or
			 license denial, revocation, or suspension in this state, another state, or
			 under a federal program.
(6) Except
			 as provided in paragraphs (A)(4) and (A)(5) of this rule, an individual who
			 meets the qualifications of paragraph (A)(2) of this rule and pays the
			 application fee shall be issued a certificate.