| (a) A notice of corrective action must be provided by the corrective
action specialist, in accordance with this section for any corrective action
services which are commenced on or after October 1, 1994.
(b) The notice requirements of this section apply regardless
of whether or not the person offering the services is working directly for
an owner or operator. The notice of corrective action must be given to the
owner or operator prior to the time when the offer to perform corrective action
services is accepted.
(c) The notice must contain the following:
(1) whether the person or entity is registered in accordance
with Chapter 30 of this title (relating to Occupational Licenses and Registrations);
(2) the person or entity's registration number;
(3) proof of commercial liability insurance required in §30.190
of this title (relating to Qualifications for Initial Registration); and
(4) the disclaimer required in subsection (f) of this section;
and
(5) a statement signed by the owner or operator and by a representative
of the corrective action specialist which indicates both parties are aware
of the registration requirements for corrective action specialists and licensing
requirements for corrective action project managers set forth in Chapter 30
of this title, and that reimbursement will be in accordance with the provisions
of Subchapter H of this chapter (relating to Reimbursement Program) and in
accordance with the published agency reimbursable cost guidelines.
(d) The notice of corrective action must be on a form provided
by the executive director. The person contracting with the owner or operator
shall provide the owner or operator with a copy of the signed notice of corrective
action.
(e) Within 15 days of the date on which the offer to perform
corrective action services is accepted, the corrective action specialist shall
submit to the executive director a copy of such written notice signed by the
authorized representative of the corrective action specialist and by the owner
or operator or their duly authorized agent.
(f) Any bid, proposal, or offer that indicates a company or
person is a corrective action specialist must reproduce in its entirety the
following disclaimer. The disclaimer must be a part of any notice required
by this section.
(1) The registration of a corrective action specialist with
the agency does not constitute endorsement, licensing, or promotion of any
corrective action specialist. Registration does not imply that the agency
guarantees the quality of the work performed or that the cost of the work
may be reimbursed.
(2) Reimbursement for approved work is subject to the eligibility
requirements set forth in Subchapter H of this chapter and the agency's reimbursable
cost guidelines. Charges exceeding the amount determined as reimbursable for
that particular work item shall not be reimbursed by the agency.
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