Md. Code Regs. 26.10.16.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.10.16.03 - Implementation

A. An owner and an operator of a UST system or group of UST systems shall:

(1) Designate by a written list one or more individuals to serve as a Class A operator, a Class B operator, and a Class C operator for a UST system or group of UST systems at a regulated substance storage facility;

(2) Ensure that Class A operators, Class B operators, and Class C operators designated under §A(1) of this regulation are trained and certified in accordance with this chapter;

(3) Provide written instructions for the UST system or group of UST systems at the regulated substance storage facility that are readily accessible at all times to the Class A operators, the Class B operators, and the Class C operators identified under §A(1) of this regulation and 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 spill, release or discharge, unusual operating conditions, emergencies, and equipment failures; and

(d) Notify the Department of a spill, release, or discharge in accordance with:

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

(ii) COMAR 26.10.01.05; and

(iii) COMAR 26.10.08.01-.04;

(4) Provide emergency telephone numbers for contacting emergency response authorities, persons responsible for the regulated substance storage facility, and the Department in the event of a suspected or confirmed spill, release or discharge, unusual operating conditions, an emergency, or an equipment failure;

(5) Except for an approved unattended motor fuel dispensing facility, ensure that the emergency telephone numbers provided under §A(4) of this regulation are readily accessible on-site to the Class A operators, the Class B operators, and the Class C operators and other facility personnel; and

(6) For an approved unattended motor fuel dispensing facility, ensure that the emergency telephone numbers provided under §A(4) of this regulation are conspicuously posted on a sign as required by COMAR 26.10.01.20E.

B. An owner and an operator of a UST system or a group of UST systems at a regulated substance storage facility may not:

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

(2) Except for an approved unattended motor fuel dispensing facility, dispense a regulated substance from a UST system unless at least one Class A operator, Class B operator, or Class C operator is present at the regulated substance storage facility.

C. An owner and an operator of a UST system or group of UST systems at a regulated substance storage facility shall ensure that:

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

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

(3) New or replacement Class C operators are trained and certified before assuming duties and responsibilities of the class; and

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

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

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

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

D. An owner and an operator of a UST system or group of UST systems at an approved unattended motor fuel dispensing facility shall ensure that:

(1) A Class A operator, a Class B operator, or a Class C operator inspects the regulated substance storage facility for suspected or confirmed spills, releases or discharges, unusual operating conditions, emergencies, and equipment failures monthly or at another frequency approved by the Department; and

(2) A written record of inspections required in §D(1) of this regulation are maintained by the owner and the operator of the UST system or group of UST systems and made available upon request by the Department or a UST system inspector certified by the Department under COMAR 26.10.06.

Md. Code Regs. 26.10.16.03

Regulation .03 adopted effective 49:12 Md. R. 642, eff. 6/13/2022