SECTION 252:641-22-3. New certification application requirements

  An applicant may, at any time, apply to become a certified soil profiler by doing the following:

(1)   Application. The applicant must submit to the DEQ a completed and signed DEQ Form 641-011, "Certified Soil Profiler Application";

(2)   Training. The applicant must complete the required DEQ training;

(3)   Examination and fee. The applicant must pay the examination fee and pass the examination for becoming a soil profiler. Passing scores are valid for one hundred eighty (180) days from the date of the exams. Any applicant found cheating on an examination will not be certified and shall be prohibited from applying for certification for a period of twelve (12) months;

(4)   Joint profiles. The applicant must complete at least four (4) joint soil profile descriptions with the DEQ;

(5)   Annual fee. The applicant must pay to the DEQ the annual certification fee; and

(6)   Financial assurance. The applicant must document financial assurance by providing DEQ with one of the following:

(A)   Surety bond. The applicant may document financial assurance by submitting to DEQ a copy of a surety bond guaranteeing payment or performance in the amount of Ten Thousand Dollars ($10,000.00) with the following stipulations:

(i)   The applicant must be named as the principal of the bond and DEQ must be named as obligee of the bond.

(ii)   The bond must be effective before the certification can be granted by DEQ and must remain in effect as long as the soil profiler is certified. Upon notification to DEQ that a bond is no longer in effect, DEQ may immediately begin the process to suspend the profiler's certification.

(iii)   Payments made under the terms of the bond shall be made by the surety directly to DEQ. DEQ shall establish an account with these funds to cover the costs:

(I)   to bring an on-site sewage treatment system into compliance when the system was improperly designed using an inaccurate soil profile description; and

(II)   for DEQ's response and oversight.

(B)   Affidavit for tribal and governmental soil testers. The applicant may document financial assurance by submitting to DEQ an affidavit that:

(i)   the soil profiler is working solely for a federally recognized tribe or a governmental entity; and

(ii)   the entity will pay for the repair or replacement of improperly designed systems.

[Source: Added at 19 Ok Reg 1704, eff 6-13-02; Amended at 21 Ok Reg 1618, eff 6-11-04; Amended at 25 Ok Reg 2318, eff 7-11-08; Amended at 37 Ok Reg 1296, eff 9-15-20]