Section 72.52. Conditions of certification or reinstatement of certification

(a) The Certification Board shall issue a sewage enforcement officer certificate to a person who meets the following:

(1) Is a natural person or individual. Associations, partnerships or corporate entities are not qualified for certification.

(2) Has passed an applicable examination prepared by the Department.

(3) Has not had his certification revoked previously. After 2 years from a previous revocation, the Certification Board may reexamine and reinstate the certification of a person if that person requests reinstatement. In determining fitness for reinstatement, the Certification Board shall consider the nature and gravity of the misconduct which resulted in the previous revocation and the recommendation of the Department.

(4) Has not had his certification lapsed due to failure to complete mandatory training during a previous renewal cycle unless the training has been subsequently completed.

(b) Certification shall be for a period of up to 2 years. Upon the payment of a fee of $50 by the certificateholder, the Certification Board shall renew a valid certificate of a qualified applicant, except that applicants for renewal who are employed by the Commonwealth in administering the act and whose activities under the act are limited solely to Commonwealth service are not subject to the fee requirements of this subsection. Fees collected in excess of the actual administrative cost to the Certification Board to process certification renewals shall be dedicated to training sewage enforcement officers.

(c) If the Certification Board does not meet with in 30 days of receiving the examination results from the certification testing contractor, an applicant for certification who meets the requirements of subsection (a) will be deemed certified, except that an applicant who is in violation of the regulations under the act or who is restrained from certification by § 72.43 (relating to powers and duties of the Department) will not be deemed certified.

The provisions of this § 72.52 amended November 1, 1996, effective November 2, 1996, 26 Pa.B. 5347; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (221898).

Notation

Authority

The provisions of this § 72.52 amended under sections 7.2 and 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.7b and 750.9); The Clean Streams Act (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

Cross References

This section cited in 25 Pa. Code § 72.55 (relating to certification renewal).