(b)
Education and Experience
Requirements
(1) No license shall be
issued to an applicant unless such applicant demonstrates to the satisfaction
of the Board that such applicant has (A) for a minimum of eight (8) years
engaged in the investigation and remediation of releases of hazardous waste or
petroleum products into soil or groundwater, including a minimum of four (4)
years in responsible charge of such investigation and remediation, and holds a
bachelor's or advanced degree from an accredited college or university in a
science or engineering field specified by subparagraph (2)(A) of this
subsection, or in a related science or engineering field found by the Board to
be fundamentally equivalent to one or more thereof, or is a professional
engineer licensed in accordance with Chapter 391 of the Connecticut General
Statutes, or (B) for a minimum of fourteen (14) years engaged in the
investigation and remediation of releases of hazardous waste or petroleum
products into soil or groundwater, including a minimum of seven (7) years in
responsible charge of such investigation and remediation.
(2) For purposes of subdivision (1) of this
subsection the following shall apply:
(A) A
bachelor's or advanced degree from an accredited college or university shall be
in one or more of the following fields or in a related science or engineering
field found by the Board to be fundamentally equivalent to one of the
following: biology, chemistry, earth sciences, ecology, engineering (civil,
environmental, mechanical, chemical, or agricultural), environmental sciences,
environmental studies, geology, hydrogeology, hydrology, natural resources
management, soil sciences, toxicology, water resources, and wetland science.
Upon the written request from an applicant, the Board shall
determine whether an applicant's degree, or undergraduate, graduate or
postgraduate education is fundamentally equivalent to a degree listed in the
paragraph above. Such request shall identify the bachelor's or advanced degree
issued to the applicant, the accredited college or university which issued such
degree, courses that the applicant took and any other information that the
Board may request. The Board may consider all such applicant's course work,
including but not limited to, undergraduate, graduate or postgraduate course
work when making such determination.
(B) Except as is provided in this
subparagraph, experience that an applicant obtains when such applicant is
enrolled as a full-time undergraduate or graduate student at an accredited
college or university shall not be counted toward satisfaction of the
experience requirement of subdivision (1) of this subsection provided that upon
written request, the Board may count toward satisfaction of such requirements
full-time work performed by an applicant for at least three (3) consecutive
months during any time when such applicant was enrolled as a full-time student
in an accredited graduate degree program.
(C) Engaged-in experience shall be
professional experience for which the Board determines that an applicant's
primary duties have consistently involved both the investigation and
remediation of releases of hazardous waste or petroleum products into soil or
groundwater. The Board shall consider the following in determining whether an
applicant's professional experience qualifies as engaged-in experience: the
description of work activities; the diversity of work and types of activities
performed; the field or fields of activities performed; the duration of
employment; the reports, studies or documents prepared; and any other factors
the Board deems relevant.
Engaged-in experience does not include experience primarily
involving or associated with:
(i)
non-scientific or non-technical activities regarding the investigation or
remediation of releases of hazardous waste or petroleum products into soil or
groundwater, including but not limited to, activities such as contract
management, budget control, legal analysis, regulatory compliance audits, or
other similar activities; and
(ii)
landfill design and management, except for closure of a hazardous waste
landfill; septic systems or similar non-hazardous material disposal facilities;
water supply systems; waste water treatment systems; complying with hazardous
waste requirements; activities generally subcontracted, such as drilling,
geophysical surveying, surveying, geotechnical analysis, laboratory analysis
and risk assessment or similar activities.
(D) Responsible charge experience shall be
professional experience for which the Board determines that an applicant's
primary duties consistently involve a high level of responsibility and decision
making regarding both the investigation and remediation of releases of
hazardous waste or petroleum products into soil or groundwater. The Board shall
consider the following in determining whether an applicant's professional
experience qualifies as responsible charge experience:
(i) the level of independent decision making
exercised by the applicant;
(ii)
the number of individuals and the disciplines of the other professionals that
the applicant supervised or coordinated;
(iii) the extent to which an applicant's
responsibilities consistently involved both the investigation and remediation
of releases of hazardous waste or petroleum products into soil or groundwater
and whether such responsibilities were an integral and substantial component of
the applicant's position;
(iv) the
nature of an applicant's employer's primary business interests and the relation
of those interests to conducting investigations and remediation of releases of
hazardous waste or petroleum products into soil or groundwater;
(v) the extent to which an applicant has
engaged in the evaluation and selection of scientific or technical
methodologies for conducting investigations and remediation of releases of
hazardous waste or petroleum products into soil or groundwater;
(vi) the extent to which an applicant drew
technical conclusions, made recommendations, and issued opinions based on the
results of investigations and remediation of releases of hazardous waste or
petroleum products into soil or groundwater; or
(vii) any other factor that the Board deems
relevant.
(e)
Continuing Education
Requirements
(1) Basic Requirements
(A) Every odd numbered calendar year
following the issuance of a license to a licensee, such licensee shall
demonstrate in writing on a form prescribed by the Board, that such licensee
has earned a minimum of twenty four (24) continuing education credits during
the previous two (2) years, or a minimum of twelve (12) continuing education
credits if the elapsed time since issuance of the license has been one (1)
year. For the purposes of this subsection, continuing education consists of
successful completion of courses or seminars devoted to the subjects set forth
in subdivision (2) of this subsection, provided such courses or seminars are
reasonably likely to maintain or enhance a licensee's competence. Health and
safety training courses required pursuant to the Occupational Safety and Health
Act (
29
U.S.C. §
651 et seq.) shall not be deemed
continuing education.
Except as provided in section
22a-133v-4(e)
of the Regulations of Connecticut State Agencies, no licensee may apply
continuing education credits earned during one (1) biennial license period
toward the continuing education requirements of another biennial license
period.
(B) The continuing
education credits required by this subsection shall be calculated as follows:
(i) one (1) continuing education credit for
each contact hour of a seminar that a licensee attends;
(ii) one (1) continuing education credit for
each semester hour of a college or advanced degree level course that a licensee
audits at an accredited college or university;
(iii) two (2) continuing education credits
for each semester hour of a college or advanced degree level course that a
licensee takes for a pass/fail at an accredited college or university provided
the licensee passes such course;
(iv) four (4) continuing education credits
for each semester hour of a college or advanced degree level course that a
licensee takes for a grade at an accredited college or university provided the
licensee passes such course with a grade of C or its equivalent or
better;
(v) one (1) continuing
education credit for each hour assigned for a distance learning course.
For purposes of this subparagraph and subdivision (3)(A) of
this subsection, a "contact hour" means an hour that a licensee spends
attending an instructional seminar, exclusive of registration, meals,
administrative activities or social functions.
(C) Upon the request of the Board or the
Commissioner, a licensee shall provide:
(i)
attendance records demonstrating the licensee's compliance with the attendance
requirements of this subsection, or for distance learning courses, a
certification that the licensee has successfully completed the course and an
assessment of learning to demonstrate comprehension of the subject matter
taught in the course;
(ii)
documentation that a course or seminar was taught by a competent instructor
knowledgeable in the subject matter presented;
(iii) a written outline or syllabus, prepared
by the instructor, of the course or seminar;
(iv) any other information regarding a course
or seminar which the Board or the Commissioner requests.
(2) Credit Minimums/Maximums
(A) The continuing education credits required
by subparagraph (1)(A) of this subsection shall include credits from courses or
seminars on technical subjects or regulatory subjects which will enhance the
licensee's ability to competently perform, supervise and/or coordinate the
scientific and/or technical components of the investigation and remediation of
releases of petroleum products and hazardous waste into soil or groundwater in
Connecticut. For the purposes of this subsection, a licensee may earn up to,
but no more than, twelve (12) continuing education credits by taking or
auditing a college or advanced degree level course during any biennial period,
and may earn up to, but no more than, twelve (12) continuing education credits
by taking distance learning courses during any biennial period.
(B) If a licensee is unable to obtain the
required number of continuing education credits in a biennial period in a
classroom setting, the licensee may apply to the Board to allow additional
credits to be obtained through distance learning beyond the twelve (12) credit
maximum. The Board shall only allow additional distance learning credits in
hardship cases when the Board determines that the licensee is physically unable
to obtain classroom credits due to military service, severe illness or other
significant circumstances, excluding any financial circumstance. The licensee
shall apply to the Board no later than thirty (30) days prior to the expiration
of the current license to request a waiver to allow additional distance
learning credits be approved beyond the twelve (12) credit maximum.
(3) Attendance Requirements
(A) To satisfy the continuing education
requirements of this subsection, a licensee shall attend at least 90 percent of
the contact hours of an applicable course or seminar for courses other than
distance learning courses. Distance learning courses shall be successfully
completed in accordance with subparagraph (C) of subdivision (1) of this
subsection.
(B) Once a licensee has
received continuing education credit under this subsection for a course or
seminar, such licensee may retake such course or seminar for credit provided
that at least two (2) biennial periods have passed since the licensee took such
course or seminar.
(4)
General Course Requirements
Completion of a course or seminar shall not be deemed to meet
the continuing education requirements of this subsection unless:
(A) Attendance records for such course or
seminar or distance learning are maintained by the provider of such course or
seminar;
(B) The licensee attends
at least two (2) consecutive hours of instruction if the course or seminar is
not a college or advanced degree level course, or successfully completes a
minimum of two (2) continuing education credits for a distance learning course
and provides the Board an assessment of learning in accordance with
subparagraph (C) of subdivision (1) of this subsection;
(C) Such course or seminar is taught by a
competent instructor knowledgeable in the subject matter presented;
(D) The instructor follows a written outline
or syllabus of such course or seminar;
(E) Such course or seminar is completed;
and
(F) For distance learning
courses, the course and assessment of learning are provided to the Board and
are satisfactorily completed in full.
(5) Required Courses
Upon written notice from the Commissioner or the Board, a
licensee shall complete or attend a specific course or seminar within the time
period identified in such notice. Such course or seminar shall be counted
toward fulfilling the continuing education requirements of this
subsection.
(6)
Course/Seminar Approval/Disapproval
(A) The
Board may, upon written request from a licensee, course provider, or other
person, determine that a specific course or seminar meets the continuing
education requirements of this subsection. A request to the Board under this
subdivision shall be made on a form prescribed by the Board and shall provide
at least: a written outline or syllabus of such course or seminar; a detailed
description of such course or seminar; a copy of any instructional materials
used; the length of the course or seminar; and the names and qualifications of
the course or seminar instructor. Upon receipt of all the information it deems
necessary to make a decision, the Board shall determine whether such course or
seminar meets the continuing education requirements of this subsection and
shall provide written notice of that determination to the person who requested
it. A request under this subdivision may be submitted to the Board either
before or after a course or seminar has been given or taken.
(B) If the Board determines that a course or
seminar does not meet the continuing education requirements of this subsection,
the Board shall deny a licensee all or a portion of the continuing education
credits sought and may take any other appropriate action including, but not
limited to, requiring that such licensee obtain additional continuing education
credits in a subsequent continuing education requirement license renewal
period, or a shorter term as the Board deems appropriate.
(7) Distance Learning Sponsor
Requirements/Application
(A) The Board may
approve sponsors of distance learning, who may approve providers of distance
learning courses. Approval of a provider by a sponsor means that the Board will
accept the number of continuing education credits for courses offered by such
provider. Any person or organization desiring to be a sponsor shall submit an
application to the Board for approval as a sponsor. The application shall be on
a form prescribed by the Board and shall include, but not be limited to,
documentation that the sponsor:
(i) Has a
consistent, documented method of determining contact hours that are to be
awarded to participants who successfully complete a provider's distance
learning course including, but not limited to:
(I) the use of independent course evaluators
who take the distance learning course and document time spent to complete the
course;
(II) assuring the provider
is an Accredited College or University; or
(III) the use of a certified third party such
as or equivalent to the International Association for Continuing Education and
Training or the New York State Practicing Institute of Engineering;
(ii) has a process and standard to
be used to gauge and approve a provider's assessment of learning of
participants which is based upon individualized testing of such participant's
knowledge and comprehension of the distance learning course materials,
including, but not limited to assuring the use of:
(I) a written exam evaluated by the
instructor with a passing grade of at least 70 percent;
(II) written work materials or projects
evaluated by an instructor and an assessed passing grade of at least 70
percent;
(III) automated test
questions with a passing score of at least 70 percent if retaking the knowledge
test is not allowed; or
(IV)
automated test questions with a passing score of at least 70 percent if
participants are allowed to retake the knowledge test after recycling through
the relevant distance learning course materials before retaking the testing
element;
(iii) requires
all records be maintained for at least six (6) years, including, but not
limited to, a record of the names of the providers that were approved by such
sponsor; and
(iv) requires that all
providers approved by such sponsor maintain records for at least six (6) years
from the date of completion of coursework, which shall include, but not be
limited to, a record of the name and license number of each licensed
environmental professional who has completed the provider's course, a record of
the learning assessment for each licensed environmental professional, and the
date each licensed environmental professional completed the course.
(B) At any time during its review
of an application, the Board may require the applicant to submit any additional
information as may be requested by the Board in writing.
(C) Sponsors that are approved by the Board
pursuant to the requirements of this subsection shall be approved for no more
than a five-year term.
(D) In the
event a sponsor discontinues operation, such sponsor shall notify the Board and
all records required herein shall be transferred to the possession of the
Board.
(8) Distance
Learning Course Approval/Disapproval
(A) For
distance learning courses that have sponsor approved credit hours, a licensed
environmental professional or the provider may submit an application to the
Board for approval of the content if such course meets the criteria of this
subsection.
(B) A provider may
apply directly to the Board for approval of a distance learning course without
applying for approval by a sponsor. In such case, the provider shall document
or certify that:
(i) the course meets the
criteria of this subsection;
(ii)
the provider has and uses a consistent method of determining contact hours that
are to be awarded to participants who successfully complete a provider's
distance learning course, including but not limited to:
(I) use of independent course evaluators who
take the distance learning course and document time spent to complete the
course;
(II) is an accredited
College or University; or
(III)
uses a certified third party such as or equivalent to the International
Association for Continuing Education and Training or the New York State
Practicing Institute of Engineering;
(iii) the provider has a process and standard
to be used to assess the learning of participants based upon individualized
testing of each participant's knowledge and comprehension of the distance
learning course materials, including but not limited to:
(I) a written exam evaluated by the
instructor with a passing grade of at least 75 percent;
(II) written work materials or projects
evaluated by an instructor and an assessed passing grade of at least 70
percent;
(III) automated test
questions with a passing score of at least 70 percent if retaking the knowledge
test is not allowed; or
(IV)
automated test questions with a passing score of at least 70 percent if
participants are allowed to retake the knowledge test after recycling through
the relevant distance learning course materials before retaking the testing
element; and
(iv) that
the provider has a document retention policy that requires that records
including, but not limited to, a record of the name and license number of each
licensed environmental professional who has completed the course, a record of
the learning assessment for each licensed environmental professional, and the
date each licensed environmental professional completed the course be
maintained for at least six (6) years from the date of completion of
coursework.
(C) A
sponsor or provider may apply for approval of a maximum of ten (10) distance
learning courses per year from the Board.
(D) The Board may conduct audits of, or
request information from, a sponsor or provider. Such sponsor or provider shall
fully cooperate with the Board in accommodating such audit and in providing
such information in a timely manner.
(E) A determination by the Board that a
sponsor or provider is not meeting the standards set forth in this section
shall result in the termination of the approved status of such sponsor or
provider.
(9)
Alternative Means to Obtain Continuing Education Credits
The Board may, upon written request from a licensee, determine
that such licensee may receive up to, but no more than, twelve (12) continuing
education requirements, in any biennial period, for activities such as teaching
a course or seminar. A request under this subdivision shall be in writing and
shall include at least: a detailed description of the activities for which
continuing education is sought, a copy of any instructional materials involved;
the length of the activity; and the names and qualifications of persons
involved. The Board may request any additional information it deems necessary
regarding such activities. The Board shall determine whether such activities
meet the continuing education requirements of this subsection and the Board
shall provide written notice of its determination to the person who requested
it. A request under this subdivision may be made either before or after such
licensee has engaged in such activities.