(a)

1. (1) A person shall not install, repair, upgrade, or close underground storage tank systems in Arkansas unless the person is, or employs, an individual who is licensed by the Division of Environmental Quality to perform the work.
2. (2) A person shall not exercise supervisory control over installations, repairs, upgrades, or closures unless that person is licensed by the division to perform the work.

(b) Neither a contractor nor individual shall perform or agree to perform any installation, repair, upgrade, or closure unless it is or has in its employ one (1) or more licensed individuals who:

1. (1) Exercises responsible supervisory control over any installation, repair, upgrade, or closure undertaken;

2. (2) At a minimum, is physically present on site at all critical junctures in the:

   1. (A) Installation;
   2. (B) Repair;
   3. (C) Upgrade; and
   4. (D) Closure;

3. (3) Is competent to perform the:

   1. (A) Installation;
   2. (B) Repair;
   3. (C) Upgrade; or
   4. (D) Closure; and
4. (4) Has adequate knowledge of appropriate materials, technical requirements and installation, repair, upgrade, and closure procedures for the work.

(c)

1. (1) Neither a contractor nor individual shall affix his or her signature or license number to certify any installation, repair, upgrade, or closure for which he or she lacks competence.
2. (2) Neither a contractor nor individual shall certify to an owner or operator that an installation, repair, upgrade, or closure is complete unless the installation, repair, upgrade, or closure complies with this part.
3. (3) If an installation, repair, upgrade, or closure is performed for an owner or operator on a contract basis, both the individual and the contractor for whom the individual works are responsible for the accuracy of any representations made concerning the work.

(d) This subpart is not intended to prohibit the employment of apprentices or helpers so long as a licensed individual exercises responsible supervisory control and is physically present on site at the critical junctures in the:

1. (1) Installation;
2. (2) Repair;
3. (3) Upgrade; or
4. (4) Closure.