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Environmental Quality - Environmental Response and Remediation - Illegal Drug Operations Site Reporting and Decontamination Act, Decontamination Specialist Certification Program


Published: 2021-02-01

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R311. Environmental Quality, Environmental Response and Remediation.
R311-500. Illegal Drug Operations Site Reporting and Decontamination Act, Decontamination Specialist Certification Program.
R311-500-1. Objective, Scope and Authority.
(1) Objective. The Decontamination Specialist Certification Program is designed to assist in helping ensure that personnel in charge of decontamination are trained to perform cleanups and knowledgeable of established decontamination standards; to develop methods whereby an applicant can demonstrate competency and obtain certification to become a Certified Decontamination Specialist; to protect the public health and the environment; and to provide for the health and safety of personnel involved in decontamination activities.
(2) Scope. These certification rules apply to individuals who perform decontamination of property that is on the contamination list specified in Section 19-6-903(3)(b) of the Illegal Drug Operations Site Reporting and Decontamination Act.
(3) Authority. Section 19-6-906 directs the Department of Environmental Quality Solid and Hazardous Waste Control Board, in consultation with the Department of Health and local Health Departments, to make rules to establish within the Division of Environmental Response and Remediation:
(a) certification standards for any private person, firm, or entity involved in the decontamination of contaminated property; and
(b) a process for revoking the certification of a Decontamination Specialist who fails to maintain the certification standards.
R311-500-2. Definitions.
(1) Refer to Section 19-6-902 for definitions not found in this rule.
(2) For the purposes of the Decontamination Specialist Certification Program rules:
(a) "Applicant" means any individual who applies to become a Certified Decontamination Specialist or applies to renew the existing certificate.
(b) "Board" means the Solid and Hazardous Waste Control Board.
(c) "Certificate" means a document that evidences certification.
(d) "Certification" means approval by the Director or the Board to perform decontamination of contaminated property under Title 19 Chapter 6, Illegal Drug Operations Site Reporting and Decontamination Act.
(e) "Certification Program" means the Division's process for issuing and revoking the Certification.
(f) "Confirmation Sampling" means collecting samples during a preliminary assessment or upon completion of decontamination activities to confirm that contamination is below the decontamination standards outlined in R392-600, Illegal Drug Operations Decontamination Standards.
(g) "Decontamination" means treatment or removal of contamination by a decontamination specialist or as otherwise allowed in the Illegal Drug Operations Site Reporting and Decontamination Act to reduce concentrations below the decontamination standards defined in R392-600 and to remove property from the contamination list specified in Subsection 19-6-903(3)(b).
(h) "Department" means the Utah Department of Environmental Quality.
(i) "Director" means the Director of the Division of Environmental Response and Remediation or the Director's designated representative.
(j) "Division" means the Division of Environmental Response and Remediation.
(k) "Lapse" in reference to the Certification, means to terminate automatically.
(l) "UAPA" means the Utah Administrative Procedures Act, Title 63 Chapter 46b.
R311-500-3. Delegation of Powers and Duties to the Director.
(1) The Director is delegated authority by the Board to administer the Decontamination Specialist Certification Program established within the Division.
(2) The Director may take any action necessary or incidental to develop certification standards and issue or revoke a certificate. These actions include but are not limited to:
(a) Establishing certification standards;
(b) Establishing and reviewing applications, certifications, or other data;
(c) Establishing and conducting testing and training;
(d) Denying applications;
(e) Issuing certifications;
(f) Evaluating compliance with the performance standards established in Section R311-500-8 through observations in the field, review of sampling methodologies and records or other means;
(g) Renewing certifications;
(h) Revoking certifications;
(i) Issuing notices and initial orders;
(j) Enforcing notices, orders and rules on behalf of the Board; and
(k) Requiring a Certified Decontamination Specialist or applicant to furnish information or records relating to his or her fitness to be a Certified Decontamination Specialist.
R311-500-4. Application for Certification.
(1) Any individual may apply for certification by paying the applicable fees and by submitting an application to the Director to demonstrate that the applicant:
(a) meets the eligibility requirements specified in R311-500-5; and
(b) will comply with the performance standards specified in R311-500-8 after receiving a certificate.
(2) Applications submitted under R311-500-4 shall be on a form approved by the Director and shall be reviewed by the Director to determine if the applicant is eligible for certification.
R311-500-5. Eligibility for Certification.
(1) For initial and renewal certification, an applicant must:
(a) Meet Occupational Safety and Health Agency safety training requirements in accordance with 29 CFR 1910.120 and any other applicable safety training, including refresher training, as required by federal and state law; and
(b) Successfully pass a certification examination developed and administered under the direction of the Director.
(i) The contents of the initial certification examination and the renewal certification examination as well as the percentage of correct answers required to pass the examinations shall be determined by the Director before the tests are administered. The Director may offer a less comprehensive renewal certification examination to those individuals that have completed a Division sponsored renewal-training course.
(ii) The Director shall determine the frequency and dates of the certification examinations.
(iii) For applicants that fail the initial certification examination or the renewal certification examination, the Director may offer one additional examination within one month of the original test date without requiring submittal of a new application. The applicant shall pay a fee determined by the Director to cover the cost of the additional testing. Applicants that fail the re-examination shall wait six months prior to submitting a new application in accordance with R311-500-4.
R311-500-6. Certification.
(1) Initial certification for all certificate holders shall be effective for a period of two years from the date of issuance, unless revoked before the expiration date pursuant to R311-500-9. Certificates shall be subject to periodic renewal pursuant to R311-500-7.
R311-500-7. Renewal.
(1) A certificate holder may apply for certificate renewal by successfully completing the following prior to the expiration date of the current certificate:
(a) Submitting a completed renewal application on a form approved by the Director within the dates specified by the Director;
(b) Paying any applicable fees; and
(c) Passing a certification renewal examination.
(i) If the Director determines that the applicant meets the eligibility requirements of R311-500-5 and will comply with the performance standards of R311-500-8, the Director shall reissue the certificate to the applicant.
(ii) If the Director determines that the applicant does not meet the eligibility requirements described in R311-500-5 or will not comply or has not complied with the performance standards of R311-500-8, the Director may issue a notice to deny certification in a manner consistent with R311-500-9.
(2) Renewal certificates shall be valid for two years and shall be subject to revocation under R311-500-9.
(3) Any individual who is not a Certified Decontamination Specialist on the date the renewal certification examination is given because the applicant's certification was revoked or expired prior to completing a renewal application must successfully meet the application and eligibility criteria for initial certification as specified in R311-500-4 and R311-500-5 prior to issuance of a certificate.
R311-500-8. Performance Standards.
(1) A Certified Decontamination Specialist performing decontamination activities at contaminated property:
(a) shall be certified prior to engaging in any decontamination activities for the purpose of removing the contaminated property from the list referenced in Section 19-6-903(3)(b) and display the certificate upon request;
(b) shall report to the local Health Department the location of any property that is the subject of decontamination work by the Decontamination Specialist;
(c) shall file a workplan with the local Health Department;
(d) shall perform work in accordance with the workplan;
(e) shall perform work meeting applicable local, state and federal laws, including certification and licensing requirements for performing construction work;
(f) shall oversee and supervise all decontamination activities and ensure any person(s) assisting with decontamination work at contaminated property meets Occupational Safety and Health Agency safety training requirements in accordance with 29 CFR 1910.120;
(g) shall disclose to any person(s) assisting with decontamination at contaminated property that work is being performed in a clandestine drug laboratory, inform the person(s) of the potential risks associated with this type of environment and ensure that the person(s) wears the necessary personal protective equipment as established by the Decontamination Specialist;
(h) shall make all decisions regarding decontamination and be the only individual conducting confirmation sampling;
(i) shall follow scientifically sound and accepted sampling procedures;
(j) shall submit a Final Report to the local Health Department, which includes an affidavit stating that the property has been decontaminated to the standards outlined in R392-600;
(k) shall maintain a current address and phone number on file with the Division;
(l) shall not participate in fraudulent, unethical, deceitful or dishonest activity with respect to performance of work for which certification is granted; and
(m) shall not participate in any other activities regulated under R311-500 without meeting all requirements of that certification program.
R311-500-9. Denial of Application and Revocation of Certification.
(1) Grounds for denial of an application or revocation of a certification may include any of the following:
(a) Failure to meet any of the application and eligibility criteria established in R311-500-4 and R311-500-5;
(b) Failure to submit a completed application;
(c) Evidence of past or current criminal activity;
(d) Demonstrated disregard for the public health, safety or the environment;
(e) Misrepresentation or falsification of figures, reports and/or data submitted to the local Health Department or the State;
(f) Cheating on a certification examination;
(g) Falsely obtaining or altering a certificate;
(h) Negligence, incompetence or misconduct in the performance of duties as a Certified Decontamination Specialist;
(i) Failure to furnish information or records required by the Director to demonstrate fitness to be a Certified Decontamination Specialist; or
(j) Violation of any certification or performance standard specified in this rule.
(2) Administrative proceedings regarding the denial of an application or the revocation of certification are governed by Rule R305-6.
R311-500-10. No Preemption.
(1) Certification to work as a Certified Decontamination Specialist does not relieve an individual from any requirement to obtain additional licenses or certificates in different specialties to the extent required by other agencies whose jurisdiction and authority may overlap the decontamination work. The Certified Decontamination Specialist shall obtain the additional licenses or certificates prior to performing the work for which the additional license or certificate is required. The Illegal Drug Operations Site Reporting and Decontamination Act Decontamination Specialist Certification Program rules do not preempt or supercede rules or standards promulgated by other regulatory programs in the State of Utah.
R311-500-11. Certified Decontamination Specialist List.
(1) The Director shall maintain a current list of Certified Decontamination Specialists that shall be made available to the public upon request.
KEY: meth lab contractor certification, adjudicative proceedings, administrative proceedings, revocation procedures
Date of Enactment or Last Substantive Amendment: August 29, 2011
Notice of Continuation: November 21, 2019
Authorizing, and Implemented or Interpreted Law: 19-1-301; 19-6-901 et seq.; 63G-4-201 through 205; 63G-4-503