Md. Code Regs. 26.10.16.04

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.10.16.04 - Requirements for Designated Operators

A. A Class A operator shall:

(1) Successfully complete Class A operator training required by this chapter and approved by the Department;

(2) In accordance with this chapter and COMAR 26.10.01-26.10.12, ensure that:

(a) The installation, upgrade, and repair of a UST system is performed in the continuous on-site presence and under the direction of a UST system technician certified under COMAR 26.10.06;

(b) The closure or a change-in-service of a UST system is performed in the continuous on-site presence and direction of a UST system technician or remover certified under COMAR 26.10.06;

(c) A qualified person implements the operation, maintenance, testing, and recordkeeping requirements for a UST system, including requirements related to:

(i) Spill and overfill prevention;

(ii) Release detection, reporting, and emergency response;

(iii) Corrosion protection;

(iv) Product and equipment compatibility;

(v) Financial responsibility;

(vi) Notification and UST system registration;

(vii) The temporary and permanent closure and change-in-service of a UST system; and

(viii) Class B operator and Class C operator training and certification; and

(d) Records required to demonstrate compliance with COMAR 26.10.01-26.10.12 are maintained and made available upon request to the Department or a certified UST system inspector;

(3) Maintain knowledge of the skills and training requirements for Class B operators and Class C operators; and

(4) Be available to respond to suspected or confirmed spills, releases or discharges, unusual operating conditions, emergencies, and equipment failures at a regulated substance storage facility by being:

(a) Immediately accessible for consultation by telephone when the facility is operating; and

(b) On-site at the regulated substance storage facility within 24 hours of receiving a request from emergency response personnel or the Department, or within another time period approved by the Department.

B. A Class B operator shall:

(1) Successfully complete Class B operator training required by this chapter and approved by the Department;

(2) In accordance with this chapter and COMAR 26.10.01-26.10.12, ensure that:

(a) UST system release detection methods are implemented, and release detection and prevention equipment are operational and tested;

(b) Release detection reporting requirements are met;

(c) The inspection and testing of spill prevention, overfill prevention, and corrosion protection equipment for proper operation are conducted;

(d) Walkthrough inspections are conducted;

(e) All required UST system equipment tests are conducted;

(f) UST equipment manufacturer and third-party performance standards are met, and the applicable standards, manuals, and instructions are available at a regulated substance storage facility;

(g) Records required to demonstrate compliance with COMAR 26.10.01-26.10.12 are maintained and made available upon request to the Department or a certified UST system inspector; and

(h) A Class C operator is trained in accordance with this chapter to respond properly to a suspected or confirmed spills, releases or discharges, unusual operating conditions, emergencies, and equipment failures;

(3) Maintain knowledge of the skills and training requirements for a Class C operator; and

(4) Be available to respond to a suspected or confirmed spills, releases or discharges, unusual operating conditions, emergencies, and equipment failures at a regulated substance storage facility by being:

(a) Immediately accessible for consultation by telephone when the facility is operating; and

(b) On-site at the regulated substance storage facility within 24 hours of a receiving request from emergency response personnel or the Department, or within another time period approved by the Department.

C. A Class C operator shall:

(1) Successfully complete the Class C operator training required by this chapter and approved by the Department; and

(2) Control and monitor the dispensing or sale of a regulated substance;

(3) Immediately respond to alarms, equipment failures, or other indications of emergencies caused by a spill, release, or discharge from the UST system;

(4) Notify a Class A operator or a Class B operator, appropriate emergency response personnel, and the Department of a suspected or confirmed spill, release, or discharge in accordance with the written instructions provided by the owner and the operator of the UST system as set forth in Regulation .03A(3) of this chapter; and

(5) Be available to respond to suspected or confirmed spills, releases or discharges, unusual operating conditions, emergencies, and equipment failures at a regulated substance storage facility by:

(a) Except for an approved unattended motor fuel dispensing facility, being on-site and readily available whenever the regulated substance storage facility is operating; or

(b) For an approved unattended motor fuel dispensing facility:

(i) Being immediately accessible for consultation by telephone with emergency response personnel or the Department; and

(ii) Being on-site at the regulated substance storage facility within 2 hours of receiving a request from emergency response personnel or the Department, or within another time period approved by the Department.

Md. Code Regs. 26.10.16.04

Regulation .04 adopted effective 49:12 Md. R. 642, eff. 6/13/2022