401 KAR 101:010. Contractor certification

Link to law: http://www.lrc.ky.gov/kar/401/101/010.htm
Published: 2015

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      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


2008-507, 2008-531


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

certification date.


      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

contaminated properties.

      (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:

      (a) Address;

      (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.)