Md. Code Regs. 26.10.16.08

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

Section 26.10.16.08 - Sanctions

A. Retraining.

(1) If the Department determines that a Class A operator or a Class B operator is not in compliance with a regulation in this chapter, or that a regulated substance storage facility is not in compliance with any regulations in COMAR 26.10.01-26.10.12, the Department shall document the deficiency.

(2) Upon notice of a documented deficiency provided under §A(1) of this regulation, the owner and the operator of the UST system and regulated substance storage facility shall implement one or more of the following options as directed by the Department for the designated Class A operator or Class B operator, or both:

(a) Have the Class A operator or the Class B operator complete a full training program and meet the certification requirements of this chapter;

(b) Have the Class A operator or the Class B operator complete a training program tailored to the areas the Department determined were deficient and demonstrate the duties, skills, and knowledge areas in compliance with the requirements of this chapter or in a manner specified by the Department; or

(c) Have the Class A operator or the Class B operator complete partial on-site training given by a Department representative in the areas the Department determined were deficient and demonstrate the duties, skills, and knowledge areas to the satisfaction of the Department representative.

(3) In providing a notice under §A(2) of this regulation, the Department may require a Class A operator or a Class B operator, or both, receive training from an alternate training program rather than the training program in which the operator originally or most recently received training from.

(4) Not later than 30 days after receiving a notice from the Department under §A(2) of this regulation, an owner and an operator of a UST system shall ensure that a Class A operator or a Class B operator, or both, completes the retraining required by the Department, unless the Department waives the retraining requirement for either the Class A operator or the Class B operator, or both.

(5) Within 60 days of the Department's directive to retrain a Class A operator or a Class B operator, or both, an owner and an operator of a UST system shall submit written verification to the Department that retraining was completed.

(6) In addition to the retaining requirements in §A(1)-(5) of this regulation, the Department may require an owner and an operator of a UST system and a regulated substance storage facility to retrain designated Class C operators.

B. Training Programs. The Department may suspend or revoke its approval of a training program if the Department determines that a person implementing a training program or a trainer for the training program has done one or more of the following:

(1) Demonstrated a willful or negligent disregard or repeated violations of the regulations in COMAR 26.10; or

(2) Willfully or negligently submitted false information to the Department.

C. A person violating a provision of this chapter is subject to sanctions under:

(1) Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland;

(2) Environment Article, Title 7, Subtitle 2, Part VIII, Annotated Code of Maryland; and

(3) Any other sanctions provided by federal or State statutes or regulations.

Md. Code Regs. 26.10.16.08

Regulation .08 adopted effective 49:12 Md. R. 642, eff. 6/13/2022