401 KAR 101:010. Contractor certification.
RELATES TO: KRS 224.01-410, 29 C.F.R.
1926.50-1926.65, EO 2008-507, 2008-531
STATUTORY AUTHORITY: KRS 224.01-410, EO
NECESSITY, FUNCTION, AND CONFORMITY: KRS
224.01-410(3) requires the cabinet to promulgate administrative regulations for
the cleanup of methamphetamine contaminated properties. EO 2008-507 and
2008-531, effective June 16, 2008, abolish the Environmental and Public
Protection Cabinet and establish the new Energy and Environment Cabinet. This
administrative regulation establishes the criteria for contractor certification
and issuance, suspension, and revocation of certification.
Section 1. Applicability. (1)(a) Sections
2 and 3 of this administrative regulation shall apply to all contractors certified
by the cabinet to clean up methamphetamine contaminated properties after July 15,
(b) Contractors certified by the cabinet
to clean up methamphetamine contaminated properties prior to July 15, 2008 who
do not maintain certification shall be recertified as established in Sections 2
and 3 of this administrative regulation.
(2) Sections 4 through 6 of this
administrative regulation shall apply to all contractors regardless of
Section 2. Certification Requirements. (1)
Applicants for certified contractor shall:
(a) Complete and submit Certified
Contractor Application, DEP 6079A, May 2009 to the cabinet for review;
(b) Obtain financial assurance pursuant
to KRS 224.01-410(8)(a) and 401 KAR 101:020;
(c) Provide proof to the cabinet of
liability insurance policy of at least $250,000.00, pursuant to KRS 224.10-410(8)(a)3;
(d) Certify that decontamination shall be
performed in accordance with 803 KAR 2:403 and 29 C.F.R. 1926.50-1926.65. Applicants
shall provide the following for review:
1. Forty (40) hour HAZWOPER Certification for all personnel performing
decontamination services on methamphetamine contaminated properties; and
2. Eight (8) hour HAZWOPER refresher training
certificates for all personnel performing decontamination services on methamphetamine
(2) The cabinet shall review all
contractor certification requirements once a completed application has been
submitted; if a complete application is not submitted within six (6) months a
new application shall be required.
(3)(a) Certified contractors shall submit
to the cabinet copies of forty (40) hour HAZWOPER Certification or current eight
(8) hour HAZWOPER refresher certificates for all personnel performing decontamination
services on an annual basis.
(b) Failure to submit this information
shall result in suspension of certification.
(4) Certified contractors shall report changes
in application information to the Division of Waste Management, such as change
of the following:
(b) Financial assurance; or
(c) Liability insurance, within thirty (30)
days of the change.
Section 3. Issuance of Certificate. (1) Upon
completion, review, and approval of the application, the contractor shall
receive the following:
(a) A certification letter from the
cabinet signed by the Director of the Division of Waste Management; and
(b) A copy of Kentucky Cleanup Guidance for Methamphetamine Contaminated
Properties, May 2009.
(2) The cabinet shall maintain a list of certified
contractors for methamphetamine contaminated properties on the division’s Web
Section 4. Suspension of Certification. (1)
A certification shall be suspended, effective immediately, upon one (1) or more
of the following:
(a) The financial assurance as required
by 401 KAR 101:020 is no longer held in full by the contractor; or
(b) Personnel for the contractor have not
submitted the certification pursuant to Section 2(1)(d) of this administrative
regulation to the cabinet.
(2) A certification shall be reinstated
if the contractor comes back into compliance with the requirements of 401 KAR
101:020 and this administrative regulation and provides written documentation
of such compliance to the cabinet.
Section 5. Revocation of Certification. (1)
A certification shall be revoked:
(a) If the contractor certification is
suspended for more than 180 days; or
(b) If the
contractor is fraudulent or deceitful in the submission of inaccurate data or
(2) If the contractor’s
certification is revoked, the cabinet shall collect the forfeited financial
assurance of any contractor found to be in violation and the cabinet shall use
the forfeited financial assurance to decontaminate methamphetamine contaminated
properties pursuant to KRS 224.01-410(8)(c).
(3) Contractors who have a
certification revoked pursuant to this administrative regulation shall not be
eligible to be recertified by the cabinet.
Section 6. Termination of Certification.
(1) A certified contractor who wishes to terminate certification for decontamination
services shall submit a request to the cabinet to terminate certification.
(2) The request shall be
reviewed by the cabinet.
(3) Upon verification that
all work has been completed in compliance with KRS 224.01-410, and all decontamination
services have ceased, the cabinet shall grant the termination of certification
and release the contractor of financial assurance requirements.
Section 7. Incorporation by Reference. (1)
The following material is incorporated by reference:
(a) "Certified Contractor
Application", DEP 6079A, May 2009;
(b) "Kentucky Cleanup Guidance for
Methamphetamine Contaminated Properties", January 2009.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at Division of Waste
Management, 200 Fair Oaks, 2nd Floor, Frankfort, Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m. or on the division’s Web site www.waste.ky.gov. (35
Ky.R. 1949; 2734; eff. 7-6-2009.)