Sec. 22a-133v. Licensed environmental professionals. Definitions. Licensing board. Standard of care. Issuance of license. Fees. Suspension or revocation of license or other sanction. Examination.
Sec. 22a-133v. Licensed environmental professionals. Definitions. Licensing
board. Standard of care. Issuance of license. Fees. Suspension or revocation of
license or other sanction. Examination. (a) As used in this section: (1) "Environmental
professional" means a person who is qualified by reason of his knowledge, as specified
in subsection (e) of this section, to engage in activities associated with the investigation
and remediation of pollution and sources of pollution including the rendering or offering
to render to clients professional services in connection with the investigation and remediation of pollution and sources of pollution; (2) "pollution" means pollution, as defined
in section 22a-423; and (3) "commissioner" means the Commissioner of Environmental
Protection or his designated agent.
(b) There shall be within the Department of Environmental Protection a State Board
of Examiners of Environmental Professionals. The board shall consist of eleven members. One member, who shall be the chairman of the board, shall be the Commissioner
of Environmental Protection, or his designee. The Governor shall appoint the other ten
members of the board who shall consist of the following: Six members shall be licensed
environmental professionals or, prior to the publication by the board of the first roster
of licensed environmental professionals, persons on the list maintained by the commissioner pursuant to subsection (h) of this section, including at least two having hydrogeology expertise and two who are licensed professional engineers; two members who are
active members of an organization that promotes the protection of the environment; one
member who is an active member of an organization that promotes business; and one
member who is an employee of a lending institution. The members of the board shall
administer the provisions of this section as to licensure and issuance, reissuance, suspension or revocation of licenses concerning environmental professionals. The Governor
may remove any member of the board for misconduct, incompetence or neglect of duty.
The members of the board shall receive no compensation for their services but shall be
reimbursed for necessary expenses incurred in the performance of their duties. The
board shall keep a true and complete record of all its proceedings.
(c) A licensed environmental professional shall perform his duties in accordance
with the standard of care applicable to professionals engaged in such duties. The commissioner, with advice and assistance from the board, may adopt regulations, in accordance with the provisions of chapter 54, concerning professional ethics and conduct appropriate to establish and maintain a high standard of integrity and dignity in the practice
of an environmental professional and may make rules for the conduct of the board's
affairs and for the examination of applicants for licenses.
(d) The commissioner shall receive and account for all moneys derived under the
provisions of this section and shall deposit such moneys in the Environmental Quality
Fund established pursuant to section 22a-27g. The board shall keep a register of all
applications for licenses with the actions of the board thereon. A roster showing the
names of all licensees shall be prepared each year. A copy of such roster shall be placed
on file with the Secretary of the State.
(e) The board shall authorize the commissioner to issue a license under subsection
(d) of section 22a-133m, sections 22a-184 to 22a-184e, inclusive, this section and section
22a-133w to any person who demonstrates to the satisfaction of the board that such
person: (1) (A) Has for a minimum of eight years engaged in the investigation and
remediation of releases of hazardous waste or petroleum products into soil or groundwater, including a minimum of four years in responsible charge of investigation and
remediation of the release of hazardous waste or petroleum products into soil or groundwater, and holds a bachelor's or advanced degree from an accredited college or university in a related science or related engineering field or is a professional engineer licensed
in accordance with chapter 391, or (B) has for a minimum of fourteen years engaged
in the investigation and remediation of releases of hazardous waste or petroleum products into soil or groundwater, including a minimum of seven years in responsible charge
of investigation and remediation of hazardous waste or petroleum products into soil or
groundwater; (2) has successfully passed a written examination, or a written and oral
examination, prescribed by the board and approved by the commissioner, which shall
test the applicant's knowledge of the physical and environmental sciences applicable
to an investigation of a polluted site and remediation conducted in accordance with
regulations adopted by the commissioner under section 22a-133k and any other applicable guidelines or regulations as may be adopted by the commissioner; and (3) has paid an
examination fee of one hundred eighty-eight dollars to the commissioner. In considering
whether a degree held by an applicant for such license qualifies for the educational
requirements under this section, the board may consider all undergraduate, graduate,
postgraduate and other courses completed by the applicant.
(f) The board shall authorize the commissioner to issue a license to any applicant
who, in the opinion of the board, has satisfactorily met the requirements of this section.
The issuance of a license by the commissioner shall be evidence that the person named
therein is entitled to all the rights and privileges of a licensed environmental professional
while such license remains unrevoked or unexpired. A licensed environmental professional shall pay to the commissioner an annual fee of three hundred thirty-eight dollars,
due and payable on July first of every year beginning with July first of the calendar year
immediately following the year of license issuance. The commissioner, with the advice
and assistance of the board, may adopt regulations in accordance with the provisions
of chapter 54, pertaining to the design and use of seals by licensees under this section
and governing the license issuance and renewal process, including, but not limited to,
procedures for allowing the renewal of licenses when an application is submitted not
later than six months after the expiration of the license without the applicant having to
take the examination required under subsection (e) of this section.
(g) The board may conduct investigations concerning the conduct of any licensed
environmental professional. The commissioner may conduct audits of any actions authorized by law to be performed by a licensed environmental professional. The board
shall authorize the commissioner to: (1) Revoke the license of any environmental professional; (2) suspend the license of any environmental professional; (3) impose any other
sanctions that the board deems appropriate; or (4) deny an application for such licensure
if the board, after providing such professional with notice and an opportunity to be
heard concerning such revocation, suspension, other sanction or denial, finds that such
professional has submitted false or misleading information to the board or has engaged
in professional misconduct including, without limitation, knowingly or recklessly making a false verification of a remediation under section 22a-134a, or violating any provision of this section or regulations adopted under the provisions of this section.
(h) The board shall hold the first examination pursuant to this section no later than
eighteen months after the date the commissioner adopts regulations pursuant to section
22a-133k, and shall publish the first roster of licensed environmental professionals no
later than six months after the date of such examination. Until such time as the board
publishes the first roster of licensed environmental professionals, any person who (1)
has for a minimum of eight years engaged in the investigation and remediation of releases
of hazardous waste or petroleum products into soil or groundwater, including a minimum
of four years in responsible charge of investigation and remediation of the release of
hazardous waste or petroleum products into soil or groundwater, (2) holds a bachelor's
or advanced degree from an accredited college or university in a related science or related
engineering field or is a professional engineer licensed in accordance with chapter 391,
and (3) pays a registration fee of two hundred twenty-five dollars may apply to the
commissioner to be placed on a list of environmental professionals. Any person on such
list may perform any duties authorized by law to be performed by a licensed environmental professional until such time as the first roster of licensed environmental professionals
is published by the board.
(i) Nothing in this section shall be construed to authorize a licensed environmental
professional to engage in any profession or occupation requiring a license under any
other provisions of the general statutes without such license.
(P.A. 95-183, S. 4; P.A. 96-113, S. 15, 17; 96-180, S. 132, 166; June 30 Sp. Sess. P.A. 03-6, S. 117; P.A. 06-76, S. 16;
P.A. 07-81, S. 1.)
History: P.A. 96-113 amended Subsec. (h) to change the first examination of licensed environmental professionals
from no later than one year to no later than 18 months after the date the commissioner adopts regulations, effective May
24, 1996; P.A. 96-180 amended Subsec. (b) to correct a statutory reference, effective June 3, 1996; June 30 Sp. Sess. P.A.
03-6 amended Subsec. (e) to increase examination fee from $125 to $188, amended Subsec. (f) to increase annual fee from
$225 to $338 and to delete provision re specification of fees in regulations and amended Subsec. (h) to increase registration
fee from $150 to $225, effective August 20, 2003; P.A. 06-76 amended Subsec. (e) to allow the board to consider all
undergraduate, graduate, postgraduate and other courses completed by the applicant and amended Subsec. (f) to allow the
commissioner to adopt regulations governing the license issuance and renewal process; P.A. 07-81 amended Subsec. (g)
to add Subdiv. designators (1), (2) and (4), add Subdiv. (3) re imposition of other sanctions and make conforming and
technical changes.