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Performance Expectations

The REP criteria and approval process identifies environmental practitioners with demonstrated decision-making experience performed with ethical integrity. Individuals with active REP status are expected to continually demonstrate these attributes.

OPS is committed to supporting REPs through continuing education; however, REPs not meeting the expectations will be subject to corrective action considerations.

REP status can be jeopardized if the REP:

  • Violates the code of ethics.
  • Is convicted, enters into a plea agreement, or enters a plea of nolo contendere to any crime involving a violation of Colorado or federal environmental laws and regulations.
  • Knowingly provides false information on any documents submitted to OPS.
  • Violates any provision on the REP application.
  • Fails to abide by Colorado or federal statutes, ordinances or regulations pertaining to assessing and remediating petroleum contamination in air, soil, surface water or groundwater.
  • Repeatedly fails to abide by Colorado guidance, standards, practices, policies and other requirements pertaining to assessing and remediating petroleum contamination in air, soil, surface water or groundwater.

The following review process has been identified for REPs who are not meeting the expectations identified above:

  1. OPS is made aware of a REPs alleged failure to meet expectations. If the alleged failure to meet expectations is deemed actionable by OPS, the REP is notified and provided an opportunity to respond. The review process may end here if appropriate.
  2. The alleged failure to meet expectations is reviewed by the REP Peer Group (consisting solely of external REPs). The REP Peer Group will consider the information provided, gather more information as necessary and make a recommendation to the OPS Director. The REP Peer Group’s recommendation will be documented.
  3. The OPS Director will consider the recommendation of the REP Peer Group and make a determination. The OPS Director’s determination will document the facts of the matter and the rationale behind the decision.

Outcomes may range from no action taken to permanent revocation.

Organization and Purpose

The REP Peer Group consists of practicing REPs who have a vested interest in the sustained success and integrity of the REP designation. The purpose of the REP Peer Group is to work in collaboration with OPS to establish and maintain a standard of care in the fields related to environmental site assessment, risk characterization and corrective actions taken to mitigate petroleum storage tank releases. OPS recognizes and acknowledges the REP Peer Group as a necessary partner in ensuring the sustained success and integrity of the REP designation.

Roles and Responsibilities

In collaboration with OPS, the REP Peer Group is involved with:

  • The review and determination of acceptability of applications for prospective REPs
  • The review and development of recommendations to OPS of alleged failures to meet the minimum expectations associated with practicing REPs
  • Participation of scheduled, in person semi-annual meetings with OPS staff, to discuss the overall status of the REP program and to present viewpoints representative of the REP group at large
  • Participation in other tasks or non-scheduled meetings with OPS as needed.

Membership

The REP Peer Group is to consist of between 5 and 10 members. For tasks outside of REP application review, a quorum consisting of a minimum of five members or the majority of current members, whichever is less, will be required. A president and secretary will be elected annually at the first meeting of a calendar year. If the president and/or secretary are/is not present at a meeting, the attendees will select an acting president and secretary at the beginning of such a meeting. Identification of REP Peer Group candidates to fill vacancies, and selection thereof, will commence on November 1 of each calendar year and conclude on, or before, December 31. If selected, members are expected to serve a minimum three-year term and at least half of the members will have served a minimum of one year on the REP Peer Group. Only one employee from a given company may serve on the REP Peer Group at a time. REPs interested in serving on the REP Peer Group in the future should submit a statement of interest to the current REP Peer Group, through the point of contact designated at the OPS, for review and approval. A detailed procedure for the addition and removal of REP Peer Group members will be drafted prior to and voted upon at, the first semiannual REP Peer Group meeting in 2018.

Conflicts of Interest

Members of the REP Peer Group will not review applications for individuals who work for the same or former company. Members of the REP Peer Group will recuse themselves from a particular review matter if there are any actual or perceived conflicts of interest. For issues that are submitted to the REP Peer Group for review, OPS will remove as much identifying detail as possible, while maintaining an adequate level of detail, from the supporting documentation.

Meeting Frequency and Location

REP program status meetings will take place a minimum of twice in a calendar year. Meetings will be held at the OPS offices located at 633 17th Street, Suite 500, Denver, CO. Subgroup meetings may be held as needed.

Point of Contact

Correspondence directed to the REP Peer Group will be submitted in writing to the following email address: cdle_remediation@state.co.us