ASSEMBLY, No. 1489
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 5, 1996
By Assemblymen IMPREVEDUTO and COHEN
An Act concerning the certification of persons performing certain services on underground storage tanks and amending P.L.1991, c.123.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1991, c.123 (C.58:10A-24.3) is amended to read as follows:
3. a. The department shall establish and conduct examinations for certifying that a person is qualified to perform services on underground storage tanks at underground storage tank sites for purposes of complying with the provisions of P.L.1986, c.102 (C.58:10A-21 et seq.). Application to the department for examination for certification shall be made in a manner and on such forms as may be prescribed by the department. The department may prescribe training or continuing education, experience or other requirements as a condition for taking a certification examination, or for recertification. The filing of an application shall be accompanied by a nonrecoverable application fee of $35.00 to cover the costs of processing the application and conducting examinations. No person shall be certified by the department unless he or she satisfactorily completes the examination and satisfies any other requirements of this act, or of the department adopted pursuant thereto.
b. Notwithstanding the provisions of subsection a. of this section, any person who files, within 300 days of the effective date of this act, an application for certification under this subsection, and demonstrates to the department that he or she has adequately performed services on underground storage tanks at underground storage tank sites for at least five consecutive years immediately preceding the filing of the application, shall be certified without examination upon payment of an application and certification fee. Within one year of certification, a person certified pursuant to this subsection shall submit to the department evidence of attendance at a department approved training course on the department's rules and regulations concerning underground storage tanks. One year from the effective date of this act, no person applying for certification pursuant to this subsection shall perform services requiring certification until certified by the department.
c. A person certified pursuant to subsection b. of this section shall not be required to comply with the examination and other requirements adopted by the department pursuant to subsection a. of this section as a precondition for filing for a renewal of a certification issued pursuant to subsection b. of this section.
d. The department may establish a general certification for tank services and on-site supervisory responsibilities, and such other classes of certification for particular tank services or for on-site supervisory responsibilities as it deems appropriate, and may establish separate training, examination and working experience requirements therefor.
(cf: P.L.1991, c.123, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill amends the underground storage tank contractor certification program to eliminate the necessity for examinations and other requirements to be imposed on those certified contractors, who were grandfathered under the act, when those contractors seek recertification. A contractor must be recertified after three years.
Under the provisions of P.L.1991, c.123, any person who performed underground storage tank services for at least five consecutive years prior to that law's passage, could be certified to perform those services without the need to take an examination or comply with other similar requirements. That person would be required, however, to take certain training courses. The law provided that when a person who is certified due to prior experience seeks to be recertified, that person would be subject to the examination and other requirements for which they were originally exempt. This bill would change that requirement and allow experienced contractors to be recertified without any additional examinations or other unnecessary requirements being imposed.
Changes requirements for recertification of underground storage tank contractors.