West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-03 - Voluntary Remediation and Redevelopment Rule › Section 60-3-5 - Licensed Remediation Specialists

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Professional Responsibilities of
				Licensed Remediation Specialists.
5.1.a. Any
				individual who wishes to practice as a licensed remediation specialist in the
				State of West Virginia must hold a valid remediation specialist license. Each
				individual has the burden of demonstrating to the Secretary's satisfaction that
				he or she meets the requirements for licensing.
5.1.b. It is the licensed remediation
				specialist's duty to protect the safety, health, and welfare of the public in
				the performance of his or her professional duties. If he or she is unable to
				meet this duty, the licensed remediation specialist may either sever the
				relationship with the client or employer or refuse professional responsibility
				for the work plan, report, or design. If the relationship is severed, the
				applicant shall notify the Department within 72 hours of the severing of the
				relationship.
5.1.c. Specific areas
				of professional responsibility of the licensed remediation specialist are as
				follows:
5.1.c.1. The licensed remediation
				specialist is responsible for any release of contaminants during assessment and
				remediation activities undertaken pursuant to and contemplated in the approved
				remediation agreement, work plans, or reports. The act of moving contaminants
				within a site in the course of remediation activities is not considered a
				release;
5.1.c.2. Where a release
				of contaminants in excess of those identified in the work plan occurs at the
				site during remediation activities, the licensed remediation specialist shall
				immediately notify the Department, unless the release does not exceed
				reportable quantities found in 40 CFR Part 302;
5.1.c.3. A licensed remediation specialist
				shall only perform assignments for which the specialist is qualified by
				training and experience in those specific technical fields;
5.1.c.4. A licensed remediation specialist
				shall be objective in work plans, reports, and opinions and avoid any conflict
				of interest with employer, clients, and suppliers;
5.1.c.5. A licensed remediation specialist
				shall not solicit or accept gratuities, directly or indirectly, from
				contractors, agents, or other parties dealing directly with the employer or
				client in regard to professional services the licensed remediation specialist
				is performing at the work site;
5.1.c.6. A licensed remediation specialist
				shall not accept any type of bribe, falsify or permit misrepresentation of
				professional qualifications, intentionally provide false information to the
				Secretary, or knowingly associate with one who is engaging in business or
				professional practices of fraudulent or dishonest nature; and
5.1.c.7. A licensed remediation specialist
				shall not charge any special fees above usual and customary professional rates
				for being licensed.
5.1.d. The Secretary may revoke a license,
				suspend a license for not more than five years, or impose lesser sanctions as
				appropriate for acts or omissions in violations of this rule or W. Va. Code
				§
										22-22-1,
				et seq.