15A NCAC 13C .0305       STANDARDS OF CONDUCT FOR REGISTERED ENVIRONMENTAL CONSULTANTS

(a)  The REC and its RSMs shall comply with the following standards of professional competence.  RECs failing to do so shall be disqualified from performing work as an REC pursuant to this Section and shall be subject to any other applicable form of enforcement.

(1)           An RSM shall render a waste site cleanup activity opinion only when he or she has directly reviewed the work to ascertain whether the completed work complies with this Section.

(2)           The RSM shall perform his or her services only in areas of his or her competence and shall not render a decision on any assessment or cleanup plan or document dealing with subject matter for which he or she lacks competence by virtue of education or experience.  If a site assessment or cleanup activity opinion requires expertise outside the RSM's field of expertise, the RSM shall render such an opinion relying in part upon the advice of one or more professionals having relevant competence.

(b)  The REC and its RSMs shall comply with the following standards of professional responsibility.  RECs failing to do so shall be disqualified from performing work as an REC pursuant to this Section and shall be subject to any other applicable form of enforcement.

(1)           An REC shall at all times recognize its primary obligation is to protect public health, safety and welfare and the environment in the performance of professional services as an REC.

(2)           If an REC acting pursuant to this Section identifies an imminent hazard at a site at which it is providing professional services pursuant to the rules in this Section it shall, unless the REC is certain the remediating party has provided such notice, within 24 hours of discovery, notify the Department:

(A)          of the hazard;

(B)          whether the remediating party has agreed to take corrective action; and

(C)          what action, if any, has been taken.

(3)           If an REC acting pursuant to this Section determines hazardous substances have migrated to property adjoining property containing a source area, or determines there are sensitive environments or mixed wastes (commingled radioactive and chemical wastes) on the site, it shall, unless the REC is certain the remediating party has provided such notice, within 24 hours of discovery, notify the Department.

(4)           In providing professional services all RSMs shall:

(A)          exercise independent professional judgement;

(B)          follow the requirements and procedures set forth in applicable provisions of this Section; and

(C)          act with reasonable care and diligence, and apply the knowledge and skill ordinarily required of RSMs in good standing in the State at the time the services are performed.

(5)           If, subsequent to the date an REC renders a waste site cleanup activity opinion, anyone employed by the REC that rendered the opinion learns that previously unconsidered facts, data or other information may support or lead to a different opinion, the REC shall promptly notify, in writing, the remediating party and the Department.

(6)           If, subsequent to the date of its engagement, a successor REC learns of material facts, data or other information that existed as of the date of any predecessor REC's waste site cleanup activity opinion but was not disclosed in that opinion, the successor REC shall promptly notify, in writing, the remediating party and the Department.

(7)           An REC shall not allow the use of its name or the names of its RSMs by, or associate in a business venture with, any person or firm which an REC knows or should know is engaging in fraudulent or dishonest business or professional practices relating to the professional responsibilities of the REC.

(8)           The REC shall be objective and truthful in all professional reports, public statements or testimony, and shall include all relevant and pertinent information in the reports, statements, or testimony when the result of an omission would or reasonably could lead to a fallacious conclusion.

(9)           An REC shall not falsify or permit misrepresentation of an RSM's academic or professional qualifications, and shall not misrepresent or exaggerate an RSM's degree of responsibility in, or for, the subject matter of prior assignments.

(10)         RECs shall comply with all applicable provisions of law and regulation.

(11)         All RECs shall have knowledge of this Section.

 

History Note:        Authority G.S. 130A-310.12(b);

Eff. April 1, 1997.