(a)
- (1) A person shall not test underground storage tank systems in Arkansas unless the person is or employs an individual who has been licensed by the Division of Environmental Quality to perform the testing.
- (2) A person shall not exercise supervisory control over a test unless that person is licensed by the division to perform the testing.
(b) A tester shall not perform or agree to perform a test unless he or she is licensed as an individual or has in his or her employ one (1) or more licensed individuals who:
- (1) Will exercise responsible supervisory control over any testing undertaken;
- (2) Will, at a minimum, be physically present on the site during all preparations for the test and during the actual test itself;
- (3) Is certified by the test method manufacturer to perform the particular test method utilized; and
- (4) Has adequate knowledge of appropriate materials, technical requirements, and testing procedures for the testing.
(c)
- (1) A tester shall not affix his or her signature or license number to certify any testing for which he or she lacks competence.
- (2) A tester shall not certify to an owner or operator that a test is complete unless the test complies with this part.
- (3) If a test is performed for an owner or operator on a contract basis, both the individual and the company for whom the individual works are responsible for the accuracy of any representations made concerning the test.
- (d) The requirements of this subpart are 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 during all preparations for the test and during the actual test itself.
- (e) The requirements of this subpart are in addition to, not in lieu of, any other licensing and registration requirements imposed by local, state, or federal laws or regulations.
- (f) This subpart does not relieve the owner or operator of any obligations or liabilities under any other applicable state and federal laws or regulations.