Certification criteria for Phase I consultants
Arkansas Code § 8-7-1304; Arkansas Code § 8-7-1311; Arkansas Code § 8-7-1402
- (a) An applicant seeking certification to be listed as a Phase I consultant shall submit an application on forms provided by the Division of Environmental Quality and shall pay the applicable application fees.
(b) Persons seeking certification as a Phase I consultant shall:
- (1) Possess sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding conditions indicative of releases or threatened releases on, at, in, or to a property, sufficient to meet the objectives and performance factors for all appropriate inquiries set forth in 40 C.F.R. § 312.20; and
(2) Demonstrate this by meeting at least one (1) of the following combinations of education and experience:
- (A) Hold a current professional engineer’s or professional geologist’s license or registration and have the equivalent of three (3) years of full-time relevant experience;
- (B) Have a Bachelor’s or higher degree from an accredited institution of higher education in a relevant discipline of engineering or science and the equivalent of five (5) years of full-time relevant experience;
- (C) Have a high school diploma or general equivalency diploma and at least ten (10) years of full-time relevant experience; or
- (D) Be licensed or certified by the federal government, a state, tribe, or United States territory (or the Commonwealth of Puerto Rico) to perform environmental inquiries as defined in 40 C.F.R. § 312.21 and have the equivalent of three (3) years of full-time relevant experience.
- (c) Relevant experience shall be demonstrated by the submittal of an application for certification documenting the applicant’s experiences and qualifications as prescribed by subsection (b) of this section.
(d)
- (1) Applicants shall also submit, as part of the application for certification, a disclosure statement in accordance with the disclosure statement provisions of 8 CAR pt. 11.
- (2) The disclosure statement shall also certify that neither the individual nor the individual’s employer have been convicted of or pled guilty to an environmental crime or offense, or any related criminal offense.
- (e) The division may request and review additional relevant information about the applicant or application in order to properly process the application.
- (f) Upon demonstration of compliance with the criteria, the applicant shall be eligible for certification and listing as a Phase I consultant under this subpart.