Sec. 26.10.16.03. Implementation

A. This chapter establishes a Class A, B, and C operator with required knowledge, duties, skills, training, certifications, and availability.

B. By August 8, 2012, the owner of a regulated substance storage facility shall:

(1) Identify by a written list one or more individuals to serve as the Class A, B, and C operator for the facility;

(2) Ensure that an operator identified in §B(1) of this regulation is trained and certified in accordance with this chapter;

(3) Provide written instructions for the facility's UST systems that are readily accessible at all times to an operator identified in §B(1) of this regulation that describe how to:

(a) Respond to operational or equipment alarms, warnings, or alert mechanisms;

(b) Implement the emergency shutoff process;

(c) Respond to a suspected or confirmed release, unusual operating conditions, emergencies, and equipment failures; and

(d) Notify the Department of a release in accordance with:

(i) Environment Article, §4-410, Annotated Code of Maryland;

(ii) COMAR 26.10.01.03; and

(iii) COMAR 26.10.08.01-.04; and

(4) Provide emergency telephone numbers for contacting persons responsible for the facility in the event of a suspected or confirmed release, unusual operating conditions, emergencies, and equipment failures that:

(a) For an attended facility, are readily accessible on-site to Class A, B, and C operators and other facility personnel; or

(b) For an unattended facility, are conspicuously posted on a sign not less than 8 by 10 inches in size with lettering not less than one inch high and that is visible to the public.

C. On and after August 8, 2012, a regulated substance storage facility may not:

(1) Dispense or store a regulated substance unless Class A, B, and C operators have been designated, trained, and certified as required by this chapter; and

(2) For an attended regulated substance storage facility, dispense a regulated substance unless at least one Class A, B, or C operator is present at the facility.

D. On and after August 8, 2012, the owner of a regulated substance storage facility shall ensure that:

(1) The facility continuously has one or more individuals designated, trained, and certified to serve as the Class A, B, and C operator as required by this chapter;

(2) New or replacement Class A and Class B operators are trained and certified within 30 days after assuming duties and responsibilities of these classes;

(3) A new or replacement Class C operator is trained and certified before assuming duties and responsibilities of this class; and

(4) The following documents are updated within 10 business days of a change:

(a) The written list set forth in §B(1) of this regulation;

(b) The written instructions set forth in §B(3) of this regulation; and

(c) The emergency telephone numbers set forth in §B(4) of this regulation.

E. On and after August 8, 2012, the owner of an unattended regulated substance storage facility shall ensure that:

(1) A Class A, B, or C operator inspects the facility for a suspected or confirmed release, unusual operating conditions, emergencies, and equipment failures once every 30 days or at a frequency approved by the Department; and

(2) A written record of the inspection is maintained by the owner and made available upon request by the Department or its certified inspectors.