(1) Owners or operators shall identify and
designate for each in-service underground storage tank system facility,
including unmanned facilities, at least one named individual for each class of
operator - Class A, Class B, and Class C. All individuals designated as a Class
A, B or C operator shall, at a minimum, be trained and certified in accordance
with this rule. For the purposes of this rule, the terms "Class A Operator, "
"Class B Operator, " or "Class C Operator" are terms specific to the training
requirements of this subsection
62-761.350(2),
F.A.C.
(a) Owners and operators may designate
different individuals for each class of operator, or one individual for more
than one of the operator classes.
(b) Any individual designated for more than
one operator class shall be trained and certified for each operator class,
except that training and certification as a Class B operator also entitles that
individual to certification as a Class A operator.
(c) An individual may be designated as a
Class A operator for one or more facilities. An individual may be designated as
a Class B operator for one or more, but not to exceed 50 facilities. An
individual Class C operator must be specifically trained for each
facility.
(d) During hours of
operation, facilities must have at least one certified operator (either a Class
A, Class B, or Class C operator) present at the facility, except when a
facility is unmanned. A facility is considered unmanned when during the normal
course of business, and after hours of operation, there is routinely no Class
A, B, or C operator present at the facility who could respond to alarms or
emergencies related to the storage tank systems. (Examples of unmanned
facilities include, but are not limited to, card lock or card access fueling
stations, telecommunication towers or utility transfer stations serviced by
emergency generator storage tank systems, and unattended storage tank systems
located at industrial facilities.) Unmanned facilities must have weather
resistant signage clearly visible from any dispenser which instructs users with
regard to basic safety procedures, provides the customer with a 24-hour
telephone number to contact a Class A, B, or C operator for the facility and
provides instruction on contacting local emergency
responders.
(2) The three
classes of operators are identified as follows.
(a) Class A Operator.
1. Functions. A Class A operator of an
underground storage tank system facility is an individual who typically has
primary responsibility for ensuring the proper operation and maintenance of the
storage tank systems, particularly in the capacity of managing resources and
personnel necessary to achieve and maintain compliance with all storage tank
system regulations.
2.
Qualifications and Training. Class A operators must be trained in and have a
general knowledge of the requirements of applicable storage tank system
regulations, including, but not limited to registration, system components,
product compatibility, spill containment and overfill protection, corrosion
protection, release detection, recordkeeping, notification, release reporting
and response, out-of-service status, permanent closure, operator training, and
financial responsibility.
(b) Class B Operator.
1. Functions. A Class B operator of an
underground storage tank system facility is an individual who ensures the
implementation of all applicable requirements of these regulations in the field
and implements the day-to-day aspects of the operation and maintenance of, and
recordkeeping for, storage tank systems.
2. Qualifications and Training. Class B
operators must be trained in and have detailed knowledge of the requirements of
applicable storage tank system regulations, including, but not limited to
registration, system components, product compatibility, spill containment and
overfill protection, corrosion protection, release detection, recordkeeping,
notification, release reporting and response, out-of-service status, permanent
closure, operator training, and financial responsibility. A facility owner or
operator may designate as its Class B operator a third party (i.e., an
individual who is an independent contractor or consultant and is not affiliated
with the facility owner or operator) only if that individual also holds a
current "B" or "A/B" license and who either is, or is employed by, a licensed
Certified Contractor. However, designation of an independent or not affiliated
Class B operator in this manner does not also entitle that individual to
certification as a Class A operator for a facility.
(c) Class C Operator.
1. Function. A Class C operator of an
underground storage tank system, facility is an individual designated by the
facility owner, storage tank system owner, or operator who typically controls
the dispensing of fuel at the facility and is responsible for initial response
to alarms, releases, spills, overfills, or threats to the public or to the
environment.
2. Training. Class C
operators must be trained in both general and facility-specific emergency
response procedures, such as: the operation of emergency shut-off equipment;
the initial response procedures following system alarm warnings; the
appropriate first response actions to releases, spills, or overfills; and the
notification procedures to emergency responders and to the designated Class A
and Class B operators of a facility.
(3) Training.
Operator training must fulfill the training requirements
described for each class of operator. The following is a list of acceptable
approaches to meet the operator training requirements.
(a) Acceptable Training for Class A and Class
B Operators.
Class A and Class B operators must complete a Department
approved operator training course which provides the information required by
subparagraphs 62-761.350(2)(a)
2. and 62-761.350(2)(b)
2., F.A.C., respectively, and subparagraph
62-761.350(2)(c)
2., F.A.C. Courses or processes may include in-person or online training
performed by, contracted for, or approved by the Department, and must include
an evaluation of operator knowledge through testing or practical demonstration.
All providers of operator training courses or processes will also be required
to provide training documentation by providing certificates of training to
certified operators. Those records will be required to be accessible to the
Department on an on-going basis. The Department Secretary or designee shall
issue an order granting or denying the request for approval of a Class A or
Class B operator training course. This order shall be Agency action, reviewable
in accordance with sections
120.569 and
120.57, F.S.
(b) Acceptable Training for Class C
Operators.
1. Class B operators must provide
training which provides the information required by subparagraph
62-761.350(2)(c)
2., F.A.C., or ensure that the facility's Class C operators otherwise complete
training in emergency procedures. Class C operator training programs may
include in-class, hands-on, on-line, or any other training format deemed
acceptable by the Class B operator.
2. Class A and Class B operators must ensure
that site-specific emergency response procedures are maintained in an easily
accessible location at the facility which is immediately available to the Class
C operator, and that site-specific notices that include the location of
emergency shut-off devices and appropriate emergency contact telephone numbers
are posted in a prominent area at the facility that is easily visible to the
Class C operator. For the purposes of this subsection, the phrase "easily
accessible location" means located in a place and manner that allows a Class C
operator quick and immediate access to site-specific emergency response
procedures.
(4)
Certification.
Operators are considered certified operators after
successfully completing one of the training processes listed in paragraph (a),
of this subsection.
(a) Class A and
Class B Operators. Training providers must provide verification to all Class A
and Class B operators who have successfully completed training, in the form of
a written or printable electronic training certificate stating the
classification and the date it was obtained. Owners and operators must ensure
that training certificates are maintained at each facility for inspection by
the county or Department.
(b) Class
C Operators. A designated Class B operator for a given facility must provide
the facility owner or operator with signed and dated written verification in
the form of a list of all Class C operators who have been trained for that
facility, which includes the date of that training. Owners and operators must
ensure that a current and correct list of trained Class C operators is
maintained at each facility or electronically provided by the Class A or B
operator for inspection by the county or Department.
(5) Deadlines.
(a) By October 13, 2018, owners or operators
of underground storage tank system facilities must designate at least one Class
A, Class B, and Class C operator for each facility who has completed an
approved operator training course.
(b) By October 13, 2018, Class A or Class B
operators shall be designated by a facility owner or operator within 30
calendar days of assuming operation and maintenance responsibilities at the
facility.
(c) By October 13, 2018,
Class C operators shall be designated by a facility owner or operator, prior to
assuming unsupervised responsibility for responding to emergencies at the
facility.
(6) Retraining.
Class A and Class B operators of a facility receiving a Notice of Violation
issued by the Department for significant noncompliance, must complete a
retraining class or examination within 30 days of receiving the Notice of
Violation from the Department. If a facility is cited and the Department
determines that the facility is in significant noncompliance, the designated
Class A and B operator(s) for that facility must complete retraining. Class A
and B operators are not, however, required to attend such training more than
once every 12 months, regardless of the number of their designated facilities
found in violation. For the purposes of this rule, "significant noncompliance"
is defined as the failure to maintain compliance for one or more of the
following: release detection, spill containment/overfill protection,
construction, or financial responsibility.
(7) Documentation.
Owners and operators of underground storage tank system
facilities, except unmanned facilities, must maintain required training
certification documentation as described in this rule on-site and must provide
it upon request to the county or Department. Documentation may be maintained
electronically off-site if that facility has the capability of producing a
clear printed copy which can be provided to the Department within 72 hours.
Owners and operators of unmanned underground storage tank system facilities
must provide documentation as requested by the
Department.
