R311-201-6. Standards of Performance

  (a) Individuals who are certified in accordance with Rule R311-201 shall:

  (1) display the certificate upon request;

  (2) comply with all local, state, and federal laws, rules, and regulations regarding the UST activity for which certification is granted;

  (3) report the discovery of any release caused by or encountered in the course of performing the UST activity for which certification is granted to the Director, the local health district, and the local public safety office within twenty-four hours. Certified UST consultants and certified groundwater and soil samplers shall report the discovery of any release caused by or encountered in the course of performing environmental sampling for compliance with Utah UST rules, or report the results indicating that a release may have occurred, to the Director, the local health district, and the local public safety office within twenty-four hours.

  (4) not participate in fraudulent, unethical, deceitful, or dishonest activity with respect to a certificate application or performance of work for which certification is granted; and

  (5) shall not participate in any other regulated certification program activities without meeting all requirements of that certification program.

  (b) Certified individuals shall, in addition to meeting the performance standards in R311-201-6(a), observe the following:

  (1) Certified UST Consultant. An individual who provides UST consulting services in the State of Utah:

  (A) shall provide, or shall associate appropriate personnel in order to provide a high level of experience and expertise in release abatement, investigation, or corrective action;

  (B) shall perform, or take steps to ensure that work is performed with skill, care, and diligence consistent with a high level of experience and expertise in release abatement, investigation, or corrective action;

  (C) shall perform work and submit documentation in a timely manner;

  (D) shall review and certify by signature any documentation submitted to the Director in accordance with UST release-related compliance; and

  (E) shall ensure and certify by signature all pertinent release abatement, investigation, and corrective action work performed under the direct supervision of a Certified UST Consultant;

  (2) UST Inspector. An individual who performs underground storage tank inspecting for the Division of Environmental Response and Remediation:

  (A) shall conduct inspections of USTs and records to determine compliance with this rule only as authorized by the Director.

  (3) UST Tester. An individual who performs UST testing in the State of Utah:

  (A) shall perform all work in a manner that there is no release of the contents of the tank;

  (B) shall assure that all operations of UST testing which are critical to the integrity of the system and to the protection of the environment shall be supervised by a certified person; and

  (C) shall perform work in a manner that the integrity of the underground storage tank system is maintained.

  (4) UST Installer. An individual who performs underground storage tank installation in the State of Utah:

  (A) shall assure that all operations of tank installation which are critical to the integrity of the system and to the protection of the environment, including pre-installation tank testing, tank site preparation including anchoring, tank placement, backfilling, cathodic protection installation, service, or repair, vent and product piping assembly, fill tube attachment, installation of tank manholes, pump installation, secondary containment construction, and UST repair, shall be supervised by a certified person; and

  (B) shall notify the Director as required by R311-203-3(a) before installing or upgrading an UST.

  (5) UST Remover. An individual who performs underground storage tank removal in the State of Utah:

  (A) shall assure that all operations of tank removal which are critical to safety and to the protection of the environment which includes removal of soil adjacent to the tank, disassembly of pipe, final removal of product and sludges from the tank, cleaning of the tank, purging or inerting of the tank, removal of the tank from the ground, and removal of the tank from the site shall be supervised by a certified person; and

  (B) shall not proceed to close a regulated UST without an approved closure plan, except as outlined in Subsection R311-204-2(b).