(a) It shall be unlawful for an individual to certify the installation or testing of an underground storage tank unless the individual has been duly licensed by the Arkansas Department of Environmental Quality.
(b) (1) Furthermore, no licensee shall install, remove, repair, close, upgrade, or test any underground storage tank unless the licensee or the contracting company by whom he or she is employed has purchased a surety bond, letter of credit, or cash bond:
(A) In the amount of at least twenty-five thousand dollars ($25,000); and
(B) Which provides that the department is the obligee or payee of the instrument and otherwise complies with the regulations promulgated under this subchapter.
(2) The surety bond shall be issued by a company authorized to do business in the State of Arkansas and executed by an Arkansas agent.
(c) Licensees whose installation or testing activities are limited to their own or their employers' companies' underground storage tanks are exempt from the requirement to meet the financial responsibility requirements provided by this section.
(d) In the event the licensee or contracting company fails to properly install, remove, repair, close, upgrade, or test any underground storage tank pursuant to state law or regulation, the Director of the Arkansas Department of Environmental Quality shall commence proceedings to collect on the surety bond, letter of credit, or cash bond on which the department is the obligee or payee.
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