The Department may issue certifications to an individual for the following UST system categories: A UST system technician certification that allows the individual to install, upgrade, repair, close, and perform a change-in-service of a UST system in accordance with the requirements in COMAR 26.10.01—26.10.10, 26.10.12, and 26.10.16; A heating oil technician certification that allows the individual to only install, upgrade, repair, and close a UST system storing heating oil for consumptive use and with a capacity of 2,000 gallons or less in accordance with the requirements in COMAR 26.10.01—26.10.06 and 26.10.08—26.10.10; A UST system remover certification that allows the individual to close and perform a change-in-service of a UST system in accordance with the requirements in COMAR 26.10.01, 26.10.02, 26.10.06, and 26.10.08—26.10.10; and A UST system inspector certification that allows the individual to conduct a UST system inspection in accordance with COMAR 26.10.03.10. A certification issued by the Department to an individual under this chapter expires 2 years from the date of issuance. The Department may issue a UST system inspector certification and not more than one additional certification from the remaining categories listed in §A of this regulation to an individual provided the individual applies for the certifications in accordance with this chapter. An individual shall only perform UST system work for which the individual has received a certification from the Department. An individual certified by the Department under this chapter shall have proof of certification from the Department at all times while performing work on a UST system. To be certified as a UST system technician, an individual shall: Submit a complete application in accordance with Regulation .03 of this chapter; Meet the following experience requirements: Have at least 2 years of UST system installation experience within the last 36 months with a company or organization that installs UST systems; and Have direct involvement in a minimum of six separate UST system installation, repair, upgrade, or closure events, where not more than three UST system closure events may be counted towards the six direct involvement events; and Achieve a score of 90 percent or better on the UST system technician certification test given by the Department. To be certified as a heating oil technician, an individual shall: Submit a complete application in accordance with Regulation .03 of this chapter; Meet the experience requirements listed in §A(2) of this regulation; and Achieve a score of 90 percent or better on the heating oil technician certification test given by the Department. To be certified as a UST system remover, an individual shall: Submit a complete application in accordance with Regulation .03 of this chapter; Have direct involvement in a minimum of six separate UST system closure events within the last 36 months with a company or organization that closes UST systems; and Achieve a score of 90 percent or better on the UST system remover certification test given by the Department. To be certified as a UST system inspector, an individual shall: Submit a complete application in accordance with Regulation .03 of this chapter; Meet the following experience requirements: Attend and complete one or more nationally recognized or Department approved training courses, classes, examinations, or workshops pertaining to UST system design, installation, operation, testing, or inspection; and Attend a UST system inspector orientation course provided by the Department; and Achieve a score of 90 percent or better on the UST system inspector certification test given by the Department. The experience requirements in §§A(2), B(2), C(2), and D(2) of this regulation may be waived if the individual has equivalent training or education as determined by the Department. Application Process. To apply for an initial or renewal UST system technician, heating oil technician, or UST system remover certification, an individual shall complete an application provided by the Department as follows: As specified on the application, the individual shall submit verifiable proof of the experience requirements for the particular certification as required under: Regulation .02A(2), B(2), or C(2) of this chapter for an initial certification; or Regulation .04A(2) of this chapter to renew a certification; The individual applying for certification and the employer of the individual shall sign the completed application; and The individual shall submit the completed application to the Department. To apply for an initial or to renew a UST system inspector certification, an individual shall complete an application provided by the Department as follows: As specified on the application, the individual shall submit verifiable proof of the experience requirements as required under: Regulation .02D(2) of this chapter for an initial certification; or Regulation .04B(2) of this chapter to renew a certification; The individual applying for certification and the employer of the individual shall sign the completed application; and; The individual shall submit the completed application to the Department. Certification Testing. At least 30 days prior to registering with the Department to take a certification test, an individual shall have submitted a completed application to the Department in accordance with §A of this regulation. The Department shall publish certification testing dates on the Department’s website. An individual shall register with the Department at least 72 hours prior to the scheduled test date to take a certification test. An individual shall present a valid government issued photo identification to the Department at the time of the certification test. An individual shall follow all directions provided by the Department in taking the certification test. The Department may disqualify an individual from completing a certification test if the Department determines the individual is dishonestly taking the certification test. In order to pass a certification test, an individual must achieve a score of 90 percent or better. An individual who has not achieved a passing score on a certification test may register to retest within 90 days and without being required to reapply for a certification. An individual who does not achieve a passing score on a certification test within 90 days of the first failed attempt shall submit a new application for a certification. An individual may not count time taking a certification test toward the continuing education requirements under this chapter. To renew a certification for a UST system technician, a heating oil technician, or a UST system remover, an individual shall: At least 30 days prior to the expiration of the current certification, submit a complete application in accordance with Regulation .03 of this chapter; and Meet the following experience requirements: Attend and complete a UST system course approved by the Department within the last 2 years; and Have direct involvement in a minimum of six separate UST system installation, repair, upgrade, or closure events. To renew a certification for a UST system inspector, an individual shall: At least 30 days prior to the expiration of the current certification, submit a complete application in accordance with Regulation .03 of this chapter; and Meet the following experience requirements: Attend and complete the following courses within the last 2 years: At least one Department approved training program for compliance inspections of UST systems; and An inspector orientation course or workshop provided by the Department; and Perform UST system inspections at a minimum of 10 regulated substance storage facilities within the last 2 years. An individual shall renew a certification in accordance with Regulation .02 of this chapter if the individual fails to: Submit a complete application at least 30 days prior to the expiration date of the current certification; or Demonstrate compliance with the experience requirements in §A(2) or B(2) of this regulation. An individual may elect to renew a certification in accordance with Regulation .02 of this chapter. If an individual is required to renew a UST system inspector certification in accordance with §C of this regulation or elects to renew a UST system inspector certification in accordance with Regulation .02 of this chapter, the individual is not required to meet the experience requirement in Regulation .02D(2)(a) of this chapter. The Department may issue a reciprocity certification for one of the four categories listed in Regulation .01A of this chapter to an individual who has a valid certification issued by another state if the Department determines that the state has a comparable certification program to the requirements of this chapter. To obtain reciprocity certification, an individual shall: Submit a valid certification from another state to the Department; Complete an application provided by the Department in accordance with Regulation .03 of this chapter; Meet the experience requirements as follows: An individual applying for a UST system technician, heating oil technician, or UST system remover reciprocity certification shall meet the experience requirements in Regulation .02 of this chapter; and An individual applying for a UST system inspector reciprocity certification shall meet the following experience requirements: Perform UST system inspections at a minimum of 10 regulated substance storage facilities within the last 2 years; and Attend and complete an inspector orientation course provided by the Department; and Achieve a score of 90 percent or better on a certification test given by the Department for that certification. An individual receiving a reciprocity certification issued under this chapter shall be subject to the requirements under COMAR 26.10. An individual renewing a reciprocity certification issued under this chapter shall follow the renewal requirements in Regulation .04 of this chapter. An individual certified by the Department under this chapter shall: Maintain knowledge of COMAR 26.10.01—26.10.12 and 26.10.16 and all documents incorporated by reference; Adhere to equipment manufacturers’ instructions, accepted industry standards, and applicable industry codes of practice when performing UST system installation, repair, upgrade, closure, change-in-service, precision tightness testing, other tightness testing, or inspection activities; Perform work so that there is no spill, release, or discharge of regulated substances or contamination of soil, surface water, or groundwater caused by regulated substances from a UST system or regulated substance storage facility; Certify to an owner or an operator of a UST system that a UST system installation, upgrade, repair, closure, change-in-service, or inspection is complete only when the activity conducted by the individual complies with COMAR 26.10.01—26.10.12 and 26.10.16; Complete and submit to the Department a form provided by the Department that certifies a UST system installation, closure, change-in-service, or inspection activity conducted by the individual meets the requirements of COMAR 26.10.01—26.10.12 and 26.10.16; Place the individual’s signature and Department issued certification number on documentation concerning an installation, upgrade, repair, closure, change-in-service, or inspection of a UST system or component of a UST system only if: The certified individual directly completed the work or the work was completed under the certified individual’s direct, on-site supervision and control; and The individual had a valid certification issued by the Department to conduct the specific work at the time the work was performed; Maintain complete records of UST system installation, upgrade, repair, closure, change-in-service, and inspection activities that the certified individual was directly involved with for a minimum of 5 years; and Upon request by the Department, provide proof of the individual’s certification for the UST system services being provided. A certified UST system inspector may not perform, and an owner and an operator of a UST system may not allow, a UST system inspector to perform an inspection on a UST system for compliance with COMAR 26.10.03.10 if the UST system inspector is also: The owner or the operator of the UST system to be inspected; An employee of the owner or the operator of the UST system to be inspected; or The certified UST system technician who completed the installation, replacement, or upgrade work on the UST system to be inspected. The Department shall refuse a UST system inspection report submitted in compliance with COMAR 26.10.03.10D if the UST system inspector who performed the inspection and signed and provided their Department issued certification number on the inspection report is also one of the individuals identified in §A of this regulation. A certified UST system inspector who is also a certified UST system technician may correct deficiencies while performing an inspection on a UST system in compliance with COMAR 26.10.03.10. A certified UST system inspector shall be subject to the actions available to the Department as stated in Regulation .08 and .09 of this chapter if the individual performed the inspection and signed and provided their Department issued certification number on the inspection report refused by the Department under §B of this regulation. The Department may deny an application for certification if an individual has not complied with the application and experience requirements in Regulations .02—.04 of this chapter or has demonstrated a history of noncompliance with the provisions of COMAR 26.10, including the reasons listed in §B(1) of this regulation. Suspension or Revocation. The Department may suspend or revoke a certification of an individual if the Department determines that the individual has done one or more of the following: Demonstrated a willful or negligent disregard or repeated violations of the regulations in this subtitle; Willfully or negligently submitted false information to the Department; Violated the requirements of Regulation .06 or .07 of this chapter; or After a prior suspension or revocation of a certification under this chapter, committed an act in violation of COMAR 26.10. An individual shall surrender all State certification documents obtained under this chapter to the Department upon notification of suspension or revocation. The Department may suspend or revoke a certification obtained under this chapter in accordance with State Government Article, §10-226, Annotated Code of Maryland. Contested Case Hearing. Except as otherwise provided in COMAR 26.10.01.24, an individual shall have an opportunity for a contested case hearing if the individual files a written request with the Department within 30 calendar days of receiving: A notice of the Department’s decision to deny the certification application or to suspend or revoke the individual’s certification, as provided in §§A and B of this regulation; A notice or order issued by the Department regarding a violation of a provision of this chapter or COMAR 26.10. The Department shall conduct a contested case hearing in accordance with the provisions under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. An individual whose certification has been revoked may not apply for a new certification for 2 years from the date of revocation. An individual is subject to the sanctions set forth in Environment Article, Title 4, Subtitle 4 and Title 7, Subtitle 2, Part VIII, Annotated Code of Maryland if that individual: Violates any provision of this chapter; or Does not install, upgrade, repair, close, perform a change-in-service of, or inspect a UST system in accordance with the provisions of COMAR 26.10. Environment Article, §§4-401, 4-402, 4-405, 4-407—4-411.2, 4-415.1, 4-417, 4-701 et seq., and 7-201 et seq.; State Government Article, §§10-206 and 10-226; Annotated Code of Maryland Effective date: February 4, 1991 (18:2 Md. R. 151) Chapter revised effective November 4, 1996 (23:22 Md. R. 1498) Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 224); January 16, 2006 (33:1 Md. R. 39) Regulation .02 amended effective January 16, 2006 (33:1 Md. R. 39) Regulation .02A, B amended effective December 21, 2015 (42:25 Md. R. 1547) Regulation .03 amended effective January 16, 2006 (33:1 Md. R. 39) Regulation .03A amended effective June 29, 1998 (25:13 Md. R. 997); December 21, 2015 (42:25 Md. R. 1547) Regulation .03C amended effective January 12, 2009 (36:1 Md. R. 25) Regulation .03D repealed effective December 21, 2015 (42:25 Md. R. 1547) Regulation .04 amended effective January 16, 2006 (33:1 Md. R. 39) Regulation .04A amended effective January 12, 2009 (36:1 Md. R. 25); December 21, 2015 (42:25 Md. R. 1547) Regulation .05 amended effective January 16, 2006 (33:1 Md. R. 39); December 21, 2015 (42:25 Md. R. 1547) Regulation .06 amended effective January 16, 2006 (33:1 Md. R. 39) Regulation .07 amended effective January 16, 2006 (33:1 Md. R. 39) Regulation .08 amended effective January 16, 2006 (33:1 Md. R. 39) Regulation .09 amended effective January 16, 2006 (33:1 Md. R. 39) Regulation .09B amended effective June 29, 1998 (25:13 Md. R. 997) Regulation .09B, C amended effective January 12, 2009 (36:1 Md. R. 25) Regulation .09D repealed effective December 21, 2015 (42:25 Md. R. 1547) Regulation .10 adopted effective January 16, 2006 (33:1 Md. R. 39) Regulation .10C repealed effective January 12, 2009 (36:1 Md. R. 25) Regulation .11 adopted effective January 16, 2006 (33:1 Md. R. 39) Regulation .12 adopted effective January 16, 2006 (33:1 Md. R. 39) Regulation .12B amended effective December 21, 2015 (42:25 Md. R. 1547) Regulations .01—.12 repealed and new Regulations .01—.09 adopted effective June 13, 2022 (49:12 Md. R. 642)