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.