49-1083

49-1083. Designation; training; record keeping
requirements; rules

A. Beginning August 9, 2012, an owner or operator shall designate a class A
individual who must be trained pursuant to subsections E and F of this section within
thirty days or another period specified by the director after being designated by the
owner or operator.

B. Beginning August 9, 2012, an owner or operator must designate a class B
individual who must be trained pursuant to subsections E and F of this section within
thirty days or another period specified by the director after being designated by the
owner or operator.

C. Beginning August 9, 2012, an owner or operator must designate one or more class
C individuals who must be trained pursuant to subsections E and F of this section before
assuming the role of a class C individual. For an attended facility, a class C individual
must be on site during the usual and customary hours of operation.

D. The class A individual and class B individual shall be retrained if the director
determines that an underground storage tank at the facility is not equipped and operated
in accordance with release detection, corrosion protection, spill prevention and overfill
protection in compliance with sections 49-1003, 49-1009 and 49-1023 and the rules adopted
under those sections, as applicable. Documentation of the retraining must be maintained
in accordance with subsection G of this section.

E. The director shall establish the duration for which training is valid and the
duration shall not be less than one year or more than three years.

F. The training shall be in a format approved by the director and shall include the
following:

1. For a class a individual, the requirements associated with notification under
section 49-1002, release detection under section 49-1003, reporting requirements under
section 49-1004, financial responsibility under section 49-1006, closure under section
49-1008, underground storage tank performance under section 49-1009, delivery prohibition
under section 49-1023 and this section and the rules adopted under those sections, as
applicable.

2. For a class B individual, the requirements associated with release detection
under section 49-1003, reporting requirements under section 49-1004, underground storage
tank performance under section 49-1009, delivery prohibition under section 49-1023, the
training requirements for a class C individual under paragraph 3 and the rules adopted
under those sections, as applicable.

3. For a class C individual, initial response procedures to an alarm or other
indication of an emergency caused by a release or suspected release from an underground
storage tank, including procedures for contacting a class A or class B individual and any
emergency responder.

G. An owner and operator shall document that the training requirements of this
section have been met for each class A, class B or class C individual. Training shall be
documented on a form prescribed by the director. Training records shall be maintained for
a period of not less than three years after the training is completed and shall be
available for inspection by the director on request.

H. The director may adopt rules to implement this section.