10 CSR 100-6.010 - UST Operator Training
(1) Definitions-In addition to the
definitions contained in
10 CSR
26-1.010 and
10 CSR
100-2.010, the following definitions shall apply to
this rule:
(A) "Class A/B Operator" means an
individual who has responsibility for operating and maintaining an underground
storage tank (UST) system in accordance with applicable requirements in
10 CSR
26-2.010-10 CSR 26-2.050, and for
assuring that such requirements are implemented on a day-to-day
basis;
(B) "Class C Operator" means
an employee responsible for initially addressing emergencies presented by a
spill or release from an underground storage tank system;
(C) "Qualified Class A/B Operator" means a
Class A/B Operator who has met the requirements of section (2) of this rule;
and
(D) "Qualified Class C
Operator" means a Class C Operator who has met the requirements of section (2)
of this rule.
(2)
Qualifications.
(A) To be a Qualified Class
A/B Operator, an individual must-
1. Be
certified as a Class A or Class A/B Operator in one (1) of the following
states: Arkansas, Oklahoma, Kansas, Iowa, Illinois, Kentucky, or Tennessee;
or
2. Pass a test offered by the
Petroleum Storage Tank Insurance Fund Board of Trustees, which shall be
available via the Internet at no cost to UST owners and operators.
(B) To be a Qualified Class C
Operator, an individual must-
1. Be certified
as a Class C Operator in Arkansas, Oklahoma, Kansas, Iowa, Illinois, Kentucky,
or Tennessee;
2. Be trained by a
Qualified Class A/B Operator; or
3.
Pass a test offered by the Petroleum Storage Tank Insurance Fund Board of
Trustees, which shall be available via the Internet at no cost to UST owners
and operators.
(3) Required Designations.
(A) No later than July 1, 2016, the owner or
operator of a UST that is in use must designate at least one (1) Qualified
Class A/B Operator for such UST(s).
(B) No later than July 1, 2016, the owner or
operator of a UST that is in use must ensure that he/she has designated
Qualified Class C Operators.
(C)
Within thirty (30) days of bringing a new UST(s) into use after July 1, 2016,
the owner or operator must ensure that he/she has designated at least one (1)
Qualified Class A/B Operator and has designated Qualified Class C Operators.
Any employee responsible for initially addressing emergencies presented by a
spill or release from an underground storage tank system must become a
Qualified Class C Operator prior to assuming that responsibility.
(D) Should a vacancy occur, the owner or
operator of a UST that is in use must ensure that he/she has a Qualified Class
A/B Operator within thirty (30) days of the respective vacancy. Any employee
responsible for initially addressing emergencies presented by a spill or
release from an underground storage tank system must become a Qualified Class C
Operator prior to assuming that responsibility.
(4) Recordkeeping-The owner or operator of a
UST that is in use must maintain records documenting compliance with this rule.
Such records must be made available to the Department of Natural Resources, the
Petroleum Storage Tank Insurance Fund, or their designated agent(s) upon
request.
(5) Retraining-Within
ninety (90) days of notice from the Department of Natural Resources, the
Petroleum Storage Tank Insurance Fund Board of Trustees, or their designated
agent(s), to an owner or operator of an UST, stating that the UST is
significantly out of compliance with the requirements of
10 CSR
26-2.010 -2.050, the UST owner or operator must-
(A) Ensure that the designated Class A/B
Operator for that UST either demonstrates an understanding of such requirements
by passing the test referenced in paragraph (2)(A)2. of this rule or
demonstrates to the satisfaction of the Department of Natural Resources that
he/she understands such requirements;
(B) Assign a new Qualified Class A/B Operator
for that UST; or
(C) Properly and
permanently close the UST in accordance with
10 CSR
26-2.061 and 2.062.
Notes
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