§ 46-12-38. Licensing of underground storage tank tightness testing. (a) Definitions. As used in this section and in conjunction with this chapter these terms shall be construed to mean:

(1) "Test" means a tank tightness test capable of detecting a five hundredths (.05) gallon per hour leak from any portion of an underground storage tank (including but not limited to piping) that routinely contains petroleum products or hazardous materials while accounting for effects such as thermal expansion or contraction of the petroleum product or hazardous materials, vapor pockets, tank deformation, evaporation or condensation, the location of the water table, or other conditions that could affect test results and which have been approved, in writing, by the director for use in the state of Rhode Island.

(2) "Tester" means an individual who performs tightness tests on underground storage tanks.

(3) "Testing business" means a person who employs or subcontracts with testers in the regular course of business.

(b) Authority of the director. The director shall promulgate rules and regulations consistent with this chapter and with chapter 13.1 of title 46 entitled "Groundwater Protection" for the licensing of testers and testing businesses. Nothing in this section shall limit the director's powers and duties as set forth in this chapter.

(c) License requirement and fee.

(1) No person shall test underground storage tanks or operate a testing business without a license issued by the director in accordance with this section.

(2) The director shall charge an annual fee of one hundred dollars ($100) to each tester to whom he or she issues a license. No licensure shall be issued unless the tester and testing business have paid the license fee. The director shall deposit the fees collected into the water and air protection program account created pursuant to § 42-17.1-2(26).

(3) The results of any test performed by or on behalf of an unlicensed tester or testing business shall be considered null and void. Where it is determined that test(s) have been performed by an unlicensed tester or testing business, the owner or operator of the underground storage tank(s) shall, within ten (10) days of discovery, either have the underground storage tank(s) retested by a duly licensed tester or testing business, or have the underground storage tank(s) emptied and removed from the ground as if they had failed the test(s). Any unlicensed tester or testing business that conducts business in the state of Rhode Island shall be strictly liable for the cost of any retesting performed in accordance with this section.

(4) No license shall be issued unless the tester and/or testing business shall demonstrate that they, jointly or severally, possess liability insurance in an amount satisfactory to the director for any environmental harm, property damage and bodily injury resulting from tank tightness testing activities, including, but not limited to, performance of tests; the collection, calculation and analysis of test data; handling, calibration, operation and maintenance of testing equipment; and the preparation of test results. The amount of liability insurance shall be established by the director.

(5) The rules and regulations promulgated by the director in accordance with this section may, without limitation, require that testers hold and maintain certain certifications, and/or pass written or practical examinations as a prerequisite to licensure. The director may assess a reasonable fee to cover the cost of any examination administered by or on behalf of the department of environmental management.

(d) Revocation of license. The director shall revoke the license of any tester or testing business who fails to comply with this section or with the rules and regulations promulgated hereunder after the director has provided the party with notice and the opportunity to be heard in accordance with chapter 35 of title 42.

History of Section. (P.L. 1990, ch. 320, § 3; P.L. 1998, ch. 52, § 1; P.L. 1998, ch. 304, § 1; P.L. 2008, ch. 475, § 28.)