Wisconsin Legislature: ATCP 93.830(2)(e)

(2) “Class B operator” means the individual who has day-to-day responsibility for implementing applicable regulatory requirements. The Class B operator typically implements in-field aspects of operation, maintenance, and record keeping for the UST system.

Note: This individual generally focuses on field implementation of applicable UST requirements and the day-to-day aspects of operating, maintaining, and record keeping for USTs at one or more facilities.

(3) “Class C operator” means the individual responsible for initially addressing emergencies presented by a spill or release from an UST system. The Class C operator typically controls or monitors the dispensing or sale of regulated substances.

Note: This individual typically is the first line of response to alarms and to events indicating emergency conditions. Not all employees of the facility are necessarily Class C operators.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.820 Designation of Class A, Class B, and Class C operators.

(1) Each new or existing underground storage tank system or group of underground storage tank systems at a facility shall have a Class A operator, a Class B operator, and a Class C operator, as designated by the owner or operator and as accredited in accordance with this subchapter.

Note: This subchapter does not preclude any individual from being designated to more than one of the operator classes, provided the individual complies with the requirements for each designated class.

Note: This subchapter does not preclude any individual from being a designated operator for more than one facility that includes an underground storage tank system.

Note: This subchapter does not preclude an owner or operator from contracting with another party to provide Class A, Class B, and Class C operators.

Note: There may be occasions when a Class A, Class B, or Class C operator will not be present at a facility. For example, operators are frequently not present at unmanned facilities, such as emergency generators at telecommunication towers and card lock/card access facilities. However, these operators are still responsible for operation and maintenance activities or responding to emergencies or alarms and are still subject to the requirements of this subchapter.

(3) If the owner and operator of the tank system are separate persons, either the owner or operator may designate the Class A, Class B, and Class C operators at the facility, but both the owner and the operator are under the same responsibility under this section to ensure that Class A, Class B, and Class C operators are designated.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; (1) (title) repealed under s. 13.92 (4) (b) 2., Stats., Register October 2019 No. 766.

ATCP 93.830 Responsibilities of Class A, Class B, and Class C operators.

(1) Class A operators. Responsibilities of a Class A operator include all of the following:

(a) Compliance with tank system registration and permit to operate requirements.

(b) Managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.

1. Properly operate and maintain the underground storage tank system.

2. Maintain appropriate records.

3. Receive training to operate and maintain the underground storage tank system and keep records.

4. Properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system.

5. Make financial responsibility documents available to the authorized agent or the department as required.

(2) Class B operators. Responsibilities of a Class B operator include ensuring that all of the following occur:

(a) Requirements for leak or release detection methods, record keeping, and reporting are met.

(b) Requirements for leak or release prevention equipment, record keeping, and reporting are met.

(cm) Monthly periodic inspections required under PEI RP 500 and RP 900 per ss. ATCP 93.500 (8) and ATCP 93.605 (1) are performed or reviewed monthly by a Class B operator.

(d) Appropriate individuals are trained to properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system.

(e) All Class C operators are provided with training and written instructions that include all of the following:

1. Emergency response procedures, including all of the following:

a. Procedures for overfill protection during delivery of regulated substances.

b. Operation of emergency shut-off systems.

c. Appropriate responses to all alarms.

d. Reporting of leaks, spills and releases.

e. Any site-specific emergency procedures.

2. The name and other information needed for contacting appropriate parties if a leak, spill, release, or alarm occurs.

(f)

1. A Class C operator is present during all operating hours of the underground storage tank system, except as provided in subd. 2.

a. For fueling facilities which are attended as specified in s. ATCP 93.605 (5) (a) and which include hours of operation when no attendant is on duty, a sign shall be posted in a conspicuous place, stating the emergency shutoff procedures and the name and telephone number of the Class B operator, along with the name and telephone number of the local emergency responders, including 911 personnel.

Note: Section ATCP 93.605 (5) (a) reads as follows: To be considered as being an attended fueling facility, there shall be at least one attendant regularly on duty on a daily basis, but not necessarily during all hours of operation, to supervise, observe, and control the actual dispensing of fuel.

b. For fueling facilities that are not attended as specified in s. ATCP 93.605 (5) (a), signage shall be posted in accordance with the location and information requirements in subd. 2. a.

c. For facilities which are not addressed in subd. 2. a. or b. and which typically are unmanned, such as emergency generators, signage shall be posted in accordance with the location and information requirements in subd. 2. a.

(3) Class C operators. Responsibilities of a Class C operator include all of the following:

(a) Initially responding to alarms, spills, leaks, or releases.

(b) Notifying the Class B or Class A operator and appropriate emergency responders, including 911 personnel, when necessary.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.840 Training elements for Class A operators. Each Class A operator shall attend department-approved training in all of the following:

(1) Basic underground storage tank system requirements, so that the operator can make informed decisions regarding compliance and ensure appropriate individuals are fulfilling operation, maintenance, and record keeping requirements and standards of this chapter regarding all of the following:

(a) Spill prevention.

(b) Overfill prevention.

(d) Corrosion protection.

(e) Emergency response.

(f) Product compatibility.

(1m) Tank registration and permitting requirements.

(2) Financial responsibility documentation requirements.

(3) Notification requirements.

(4) Requirements for reporting obvious and suspected releases.

(5) Requirements for permanently closing a tank system and for placing a tank system temporarily out of service.

(6) Operator training requirements.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.841 Training elements for Class B operators. Each Class B operator shall attend department-approved training in all of the following:

(1) Compared with training for a Class A operator, training for a Class B operator shall provide a more in-depth understanding of operation and maintenance aspects but may cover a more narrow breadth of applicable regulatory requirements. At a minimum, the department-approved training program shall teach the Class B operator, as applicable, about the purposes, methods, and function of:

(a) Components of underground storage tank systems.

(b) Materials of underground storage tank system components.

(c) Methods of leak and release detection, and leak and release prevention applied to underground storage tank system components.

(d) Operation and maintenance requirements of this chapter which apply to underground storage tank systems and which address each of the following:

1. Spill prevention.

2. Overfill prevention.

3. Leak and release detection.

4. Corrosion protection.

5. Emergency response.

6. Product compatibility.

7. Reporting and record keeping requirements.

8. Class C operator training requirements.

(2) Each Class B operator shall receive either of the following:

(a) Site-specific operator training that is focused only on regulatory requirements and equipment specific to the operator’s underground storage tank system facility.

(b) General training that encompasses all regulatory requirements and typical equipment used at UST facilities.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.842 Training elements for Class C operators. Each Class C operator shall be trained by a Class A or Class B operator or complete department-approved training in all of the following:

(1) Each Class C operator shall be trained to take appropriate action in response to both of the following:

(a) Emergencies, including situations which pose an immediate danger or threat to the public or to the environment and which require immediate action.

(b) Alarms caused by spills, leaks or releases from an underground storage tank system.

(2) Each Class C operator shall be trained to understand the instructions specified in s. ATCP 93.830 (2) (e).

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.850 Acceptable training and certification processes.