South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-98 - STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION › Section 61-98.IV - Certification of Site Rehabilitation Contractors

Current through Register Vol. 48, No. 6, June 28, 2024
A. Certification Requirements.
1. Applicability. This section applies to
			 contractors or subcontractors who directly or indirectly participate in site
			 rehabilitation whether or not SUPERB funding has been or will be
			 sought.
2. Within 120 days of
			 regulation promulgation, site rehabilitation contractors who perform on-site
			 work as a primary contractor under the SUPERB Act must be certified under this
			 regulation. The Department will certify those site rehabilitation contractors
			 that demonstrate sufficient experience and knowledge in performing site
			 rehabilitation activities related to releases of regulated substances from
			 underground storage tanks. Site rehabilitation contractors must maintain
			 certification to perform site rehabilitation actions. Contractors providing
			 off-site support services (e.g., analytical laboratories) are not required to
			 be certified under this regulation. Class I sub-contractors are also required
			 to be certified under this regulation. The primary contractor maintains
			 responsibility for the quality of work performed by individuals or companies
			 sub-contracted to them.
3. Classes
			 of Certification. Site rehabilitation contractors shall be certified in one or
			 both of the following classes:
a. Class I.
			 Contractors performing work involving the collection and interpretation of
			 investigative data; the evaluation of risk; and/or the design and
			 implementation of corrective action plans.
b. Class II. Contractors performing work
			 involving routine investigative activities (e.g., soil or ground water
			 sampling, well installation, aquifer testing) where said activities do not
			 require interpretation of the data and are performed in accordance with
			 established regulatory or industry standards.
4. Qualifications. An applicant, which may be
			 an individual or a company, shall be certified as a site rehabilitation
			 contractor upon satisfaction of the requirements in 4.a or 4.b, as appropriate.
			 For a company to become certified, a full-time permanent employee of that
			 company must satisfy the requirements in 4.a or 4.b, as appropriate.
a. Applicants for a Class I certification
			 must satisfy the following:
(1) registration
			 as a Professional Engineer or Geologist in South Carolina including three years
			 applicable experience in performing site rehabilitation activities related to
			 releases of regulated substances from underground storage tanks.
b. Applicants for a Class II
			 certification must satisfy the following:
(1)
			 a minimum of three years applicable experience in performing site
			 rehabilitation activities related to releases of regulated substances from
			 underground storage tanks; and,
(2)
			 any necessary South Carolina certification and/or license (e.g., Well
			 Driller).
c. Applicants
			 for either class shall maintain liability insurance coverage of the types and
			 in the amounts described in the table below and shall provide certification to
			 the Department of such coverage upon meeting the requirements of 4.a and/or
			 4.b. of this Section, and yearly thereafter.
Type of Policy
Limits of Liability
General Liability
$500,000 per occurrence
$1,000,000 aggregate
Professional Liability
$500,000 per occurrence
$1,000,000 aggregate
Pollution/Property Damage
$300,000
The contractor shall be required to indemnify the property
				owner, underground storage tank owner/operator and the State of South Carolina
				from and against all claims, damages, losses and expenses arising out of or
				resulting from activity conducted by the contractor, its agents, employees or
				subcontractors.