Section R. 29.2180 - Class A, B and C operator responsibilitiesRule 80. Section 280.246 is added as adopted from the July 15, 2015, EPA-UST rules as follows:
Section 280.246 Class operator responsibilities.
(a) Class A operator responsibilities. (1) If an UST facility has a person(s) routinely on-site, at least 1 person on-site must be a trained class C operator whenever the facility is operating. If an UST facility does not have a person(s) routinely on-site, that UST facility shall have a class B operator, but is not required to have a class C operator on-site whenever the facility is operating. At locations configured for unattended self-serve, as defined in section 9.5 of R 29.5651 to R 29.5917, the department will determine the need for a class C operator based on the best interests of public health, safety, and welfare and the environment.(2) Class A operator may elect to replace a class B operator at any time providing proper notice of a replacement on an amended registration form submitted to the department.(3) It is unlawful to operate a regulated UST facility without a class B operator assigned to the facility.(4) Class A operator shall maintain a list of all current employees who are trained class C operator and produce documentation verifying training at time of inspection.(5) Class A operator shall maintain inspection records required in section C of this subsection and provide them to the department upon request. These records must be maintained for a minimum of 3 years by the class A operator.(6) At unmanned facilities, fuel delivery personnel will be considered class C operator solely for the purpose of fuel deliveries. The owner shall ensure that the fuel delivery personnel servicing such locations have received appropriate site-specific spill and overfill training for the delivery process and are familiar with all applicable safety and emergency precautions that must accompany fuel deliveries.(7) All new class A operators, as defined, shall be class A certified within 30 days of purchase of a regulated UST facility. A class B operator must be identified immediately before a facility may operate.(8) For a class A operator who has multiple facilities and multiple class B operators, the class A operator shall not be responsible for more than 60 facilities per class B operator. The class A operator shall provide the department with a list of all class B operators.(b) Class B operator responsibilities. The class B operator shall conduct all of the following activities for each UST facility for which he or she is responsible: (1) Conduct a site visit inspection in accordance with section 280.36 to determine the operational compliance status of each regulated UST system at the facility. (A) Notice must be given to the class A operator of any deficiencies or noncompliance as noted in paragraph 280.36(a)(3)(i) and any recommendations made to remedy any deficiencies or noncompliance discovered during the site visit, including any prior recommendations that have not been addressed.(2) The number of facilities that any 1 class B operator can be responsible for must not exceed 60 facilities.(3) Notify the department within 15 days if he or she is no longer acting as the class B operator for a certain facility.(c) Class C operator. (1) Each O/O shall maintain a list of trained class C operators for each facility and the date(s) of the training. This list must be maintained, kept up to date, and available to the department upon request. Training shall include all of the following: (i) The operation of the UST system.(ii) The class C operators role with regard to monitoring equipment.(iii) The class C operators role with regard to spills and overfills.(iv) Recognition of, and appropriate response to, site hazards.(v) Recognition of, and response to, any unusual operating conditions of the UST system.(vi) Establish a procedure to notify the appropriate parties in a timely manner of site hazards and/or unusual operating conditions.(vii) Training for any person designated as a class C operator shall be documented, at the facility where the individual is employed, and be suitable for site-specific conditions.(2) At least 1 trained class C operator must be present during facility operating hours.(3) Each class C operator must be provided with documentation indicating that the employee has completed training covering, at a minimum, all the items required in paragraphs (d)(1)(i) to (d)(1)(vi) of this subsection.(4) A class B operator shall not designate any responsibilities listed in subdivisions (b)(1) to (b)(3) of this section to any individual who is not a class B operator.Mich. Admin. Code R. 29.2180
2018 MR 21, Eff. 11/14/2018