<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 30OCCUPATIONAL LICENSES AND REGISTRATIONS
SUBCHAPTER ELEAKING PETROLEUM STORAGE TANK CORRECTIVE ACTION PROJECT MANAGERS AND SPECIALISTS
RULE §30.190Qualifications for Initial Registration

To obtain a corrective action specialist registration, a person must have:

  (1) met the requirements in Subchapter A of this chapter (relating to Administration of Occupational Licenses and Registrations);

  (2) provided:

    (A) proof of a comprehensive general liability insurance policy designating the commission as the certificate holder in an amount of not less than one million dollars ($1,000,000) and of a type approved by the executive director; and

    (B) a financial statement (balance sheet) prepared in conformity with accounting principles as defined by the American Institute of Public Accountants, documenting an applicant's current net worth of not less than $25,000; or a letter from a certified public accountant who is not employed by the applicant or does not receive payment from the applicant on a regular basis verifying that the applicant's current net worth is not less than $25,000;

  (3) submitted an application fee of $232; and

  (4) documented quality of performance including one of the following:

    (A) sworn statements, on forms approved by the executive director, from at least three persons, not related by blood or marriage, for whom the applicant performed corrective action services, within the previous 24 months. The statements shall attest to the applicant's job reliability and the client's satisfaction. The statements shall also include description of the type of corrective action services that were performed by the applicant and the physical address where the activity occurred. Applicable corrective action experience is not limited to experience gained at leaking petroleum storage tank sites, but may also include corrective actions conducted under any environmental program administered by a state or by the federal government under Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation, and Liability Act; the Oil Spill Prevention and Response Act; 33 United States Code, Chapter 40, Subchapter I; and Texas Water Code, Chapter 26. The executive director shall evaluate the explanation and case histories on a case-by-case basis; or

    (B) a written explanation of why the applicant did not provide the sworn statements required by subparagraph (A) of this paragraph are not available. An applicant's experience, under the supervision of a licensed corrective action project manager, may be sufficient if the executive director determines that the individual had substantial involvement in the decision-making process during the project. The written explanation shall include a detailed description of three case histories of corrective action services performed by the individual during the previous 24 months. The executive director shall evaluate the explanation and case histories on a case-by-case basis.


Source Note: The provisions of this §30.190 adopted to be effective December 17, 2001, 26 TexReg 10330; amended to be effective September 27, 2007, 32 TexReg 6523

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page