15A NCAC 13C .0304      MINIMUM QUALIFICATIONS FOR REGISTERED ENVIRONMENTAL CONSULTANTS

In order to be approved to perform work as an REC, an environmental consulting or engineering firm shall meet the following requirements.

(1)           REC applicants shall demonstrate that one or more persons in their employ individually meet all of the following standards and requirements and therefore qualify to perform the role of RSM for the REC. To qualify as an RSM, an individual shall:

(a)           Have the following relevant professional experience:

(i)            five years of experience in investigation and remediation of hazardous substance or waste disposal sites;

(ii)           three years of experience in supervising site investigation and remedial action projects; and

(iii)          eight years of total relevant professional experience, which shall be work of a professional grade and character performed for at least an average of 20 or more hours per week that indicates the applicant is competent to render waste site cleanup activity opinions. Total relevant professional experience performed for less than an average of 20 hours per week shall be applied toward the satisfaction of these requirements on a pro rata basis. If an individual works more than 40 hours in a week, even if having multiple jobs, that individual shall get credit only for one week's worth of work. The Department shall consider the following criteria in evaluating whether an applicant RSM's waste site cleanup decision-making experience and practical experience constitute sufficient relevant experience: the nature of work activities; the field of work activities; the types of reports, studies, and documents prepared; the range of methods evaluated and selected; the number of individuals and disciplines of other professionals supervised or coordinated; the extent of review of conclusions, recommendations, and opinions by supervisors; and the duration of employment.

(b)           Have sufficient training to meet the hazardous waste operations and emergency response training standard set forth in 29 CFR 1910.120.

(c)           Have a four-year or graduate degree from a college or university accredited by a regional accrediting agency in one of the following fields or a field that provides the educational background necessary to oversee a remedial action:

(i)            Biochemistry;

(ii)           Biology;

(iii)          Chemical Engineering;

(iv)          Chemistry;

(v)           Civil Engineering;

(vi)          Earth Science;

(vii)         Environmental Engineering;

(viii)        Environmental Science;

(ix)          Epidemiology;

(x)           Geochemistry;

(xi)          Geological Engineering;

(xii)         Geology;

(xiii)        Geophysics;

(xiv)        Geotechnical Engineering;

(xv)         Hydrogeology;

(xvi)        Hydrology;

(xvii)       Industrial Hygiene;

(xviii)      Mechanical Engineering;

(xix)        Physics;

(xx)         Soil Science; and

(xxi)        Toxicology.

(d)           Have a record of professionalism and integrity, demonstrated by the absence of:

(i)            conviction of a felony;

(ii)           conviction of a misdemeanor involving fraud, deceit, misrepresentation, or forgery;

(iii)          an adverse civil judgment in an action involving fraud, deceit, misrepresentation, or forgery;

(iv)          disbarment or disciplinary action relating to any professional license; and

(v)           disqualification from government contracts for negligent acts or failure to perform required work.

(2)           The applicant shall demonstrate that it has an established environmental consulting practice.

History Note:        Authority G.S. 130A-310.12(b);

Eff. April 1, 1997;

Readopted Eff. July 1, 2020.