§ 46-12-38 - Licensing of underground storage tank tightness testing.
SECTION 46-12-38
§ 46-12-38 Licensing of undergroundstorage tank tightness testing. – (a) Definitions. As used in this section and in conjunction with thischapter these terms shall be construed to mean:
(1) "Test" means a tank tightness test capable of detecting afive hundredths (.05) gallon per hour leak from any portion of an undergroundstorage tank (including but not limited to piping) that routinely containspetroleum products or hazardous materials while accounting for effects such asthermal expansion or contraction of the petroleum product or hazardousmaterials, vapor pockets, tank deformation, evaporation or condensation, thelocation of the water table, or other conditions that could affect test resultsand which have been approved, in writing, by the director for use in the stateof Rhode Island.
(2) "Tester" means an individual who performs tightness testson underground storage tanks.
(3) "Testing business" means a person who employs orsubcontracts with testers in the regular course of business.
(b) Authority of the director. The director shallpromulgate rules and regulations consistent with this chapter and with chapter13.1 of title 46 entitled "Groundwater Protection" for the licensing of testersand testing businesses. Nothing in this section shall limit the director'spowers and duties as set forth in this chapter.
(1) No person shall test underground storage tanks or operatea testing business without a license issued by the director in accordance withthis section.
(2) The director shall charge an annual fee of one hundreddollars ($100) to each tester to whom he or she issues a license. No licensureshall be issued unless the tester and testing business have paid the licensefee. The director shall deposit the fees collected into the water and airprotection program account created pursuant to § 42-17.1-2(26).
(3) The results of any test performed by or on behalf of anunlicensed tester or testing business shall be considered null and void. Whereit is determined that test(s) have been performed by an unlicensed tester ortesting business, the owner or operator of the underground storage tank(s)shall, within ten (10) days of discovery, either have the underground storagetank(s) retested by a duly licensed tester or testing business, or have theunderground storage tank(s) emptied and removed from the ground as if they hadfailed the test(s). Any unlicensed tester or testing business that conductsbusiness in the state of Rhode Island shall be strictly liable for the cost ofany retesting performed in accordance with this section.
(4) No license shall be issued unless the tester and/ortesting business shall demonstrate that they, jointly or severally, possessliability insurance in an amount satisfactory to the director for anyenvironmental harm, property damage and bodily injury resulting from tanktightness testing activities, including, but not limited to, performance oftests; the collection, calculation and analysis of test data; handling,calibration, operation and maintenance of testing equipment; and thepreparation of test results. The amount of liability insurance shall beestablished by the director.
(5) The rules and regulations promulgated by the director inaccordance with this section may, without limitation, require that testers holdand maintain certain certifications, and/or pass written or practicalexaminations as a prerequisite to licensure. The director may assess areasonable fee to cover the cost of any examination administered by or onbehalf of the department of environmental management.
(d) Revocation of license. The director shall revokethe license of any tester or testing business who fails to comply with thissection or with the rules and regulations promulgated hereunder after thedirector has provided the party with notice and the opportunity to be heard inaccordance with chapter 35 of title 42.