Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 26. Department of Environment |
Part 2. |
Subtitle 10. OIL POLLUTION AND TANK MANAGEMENT |
Chapter 26.10.16. Trained Facility Operators |
Sec. 26.10.16.04. Operator Classes
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A. A person may be designated, trained, and certified to serve in more than one operator class.
B. A Class A operator shall have the knowledge, skills, and training to execute duties that shall include:
(1) Primary responsibility for operating and maintaining one or more UST systems at a regulated substance storage facility;
(2) Routine management of resources and personnel, which may include establishing work assignments;
(3) Ensuring that, in accordance with COMAR 26.10.02-.11:
(a) An UST system is repaired by a qualified person;
(b) An upgraded, new, or replacement UST system is installed by a certified technician;
(c) A qualified person is implementing the operation, maintenance, testing, and record-keeping requirements for an UST system that shall include:
(i) Spill and overfill prevention;
(ii) Release detection, reporting, and emergency response;
(iii) Corrosion protection;
(iv) Product and equipment compatibility;
(v) Financial responsibility;
(vi) UST notification and registration;
(vii) UST temporary and permanent closure; and
(viii) Operator training and certification; and
(d) Records required to demonstrate compliance are maintained and made available upon request by the Department or its certified inspectors;
(4) Maintaining knowledge of the skills and training requirements for a Class B and a Class C operator;
(5) Successfully completing operator training required by this chapter and approved by the Department; and
(6) Being available to respond to a suspected or confirmed release, unusual operating conditions, emergencies, and equipment failures at a regulated substance storage facility by meeting the following requirements:
(a) Be immediately accessible for consultation by telephone when the facility is operating; and
(b) Be on-site within 24 hours of a request to respond to the facility by emergency response personnel or the Department or within a time approved by the Department.
C. A Class B operator shall have the knowledge, skills, and training to execute duties that shall include:
(1) Primary responsibility for implementation of COMAR 26.10.02-.11 through the daily operation, maintenance, testing, and record keeping of an UST;
(2) Ensuring that, in accordance with COMAR 26.10.02-.11:
(a) UST release detection methods and release prevention equipment are operational and testing is performed;
(b) Release detection reporting requirements are met;
(c) Spill prevention, overfill prevention, and corrosion protection equipment are inspected for proper operation;
(d) UST system equipment tests are performed;
(e) UST equipment manufacturer and third-party performance standards, manuals, and instructions are available and followed;
(f) Records required to demonstrate compliance are maintained and made available upon request by the Department or its certified inspectors; and
(g) A Class C operator is trained to respond properly to a suspected or confirmed release, unusual operating conditions, emergencies, and equipment failures in accordance with the requirements in §D of this regulation;
(3) Maintaining knowledge of the skills and training requirements for a Class C operator;
(4) Successfully completing operator training required by this chapter and approved by the Department; and
(5) Being available to respond to a suspected or confirmed release, unusual operating conditions, emergencies, and equipment failures at a regulated substance storage facility by meeting the following requirements:
(a) Be immediately accessible for consultation by telephone when the facility is operating; and
(b) Be on-site within 24 hours of a request to respond to the facility by emergency response personnel or the Department or within a time approved by the Department.
D. A Class C operator shall have the knowledge, skills, and training to execute duties that shall include:
(1) Controlling and monitoring the dispensing or sale of a regulated substance;
(2) Immediately responding to alarms, equipment failures, or other indications of emergencies caused by a release or spill from an UST system;
(3) Notifying a Class A or a Class B operator, appropriate emergency response personnel, and the Department in accordance with the written instructions provided by the owner as set forth in Regulation .03B(3) of this chapter;
(4) Successfully completing operator training required by this chapter and approved by the Department; and
(5) Being available to respond to a suspected or confirmed release, unusual operating conditions, emergencies, and equipment failures at a regulated substance storage facility by meeting the following requirements:
(a) For an attended facility, be on-site and readily available whenever the facility is operating; or
(b) For an unattended facility:
(i) Be immediately accessible for consultation by telephone with emergency response personnel or the Department; and
(ii) Be on-site within 2 hours of a request to respond to the facility by emergency response personnel or the Department or within a time approved by the Department.
E. A Class C operator certification shall be facility-specific and is not valid at another regulated substance storage facility.