ATCP 93.820ATCP 93.820 Designation of Class A, Class B, and Class C operators. ATCP 93.820(1)(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. ATCP 93.820 NoteNote: 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.
ATCP 93.820 NoteNote: This subchapter does not preclude any individual from being a designated operator for more than one facility that includes an underground storage tank system.
ATCP 93.820 NoteNote: This subchapter does not preclude an owner or operator from contracting with another party to provide Class A, Class B, and Class C operators.
ATCP 93.820 NoteNote: 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.
ATCP 93.820(3)(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. ATCP 93.820 HistoryHistory: 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 Register October 2019 No. 766, eff. 11-1-19; (1) (title) repealed under s. 13.92 (4) (b) 2., Stats., Register October 2019 No. 766.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 93.830ATCP 93.830 Responsibilities of Class A, Class B, and Class C operators. ATCP 93.830(1)(1) Class A operators. Responsibilities of a Class A operator include all of the following: ATCP 93.830(1)(a)(a) Compliance with tank system registration and permit to operate requirements. ATCP 93.830(1)(b)(b) Managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements. ATCP 93.830(1)(c)3.3. Receive training to operate and maintain the underground storage tank system and keep records. ATCP 93.830(1)(c)4.4. Properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system. ATCP 93.830(1)(c)5.5. Make financial responsibility documents available to the authorized agent or the department as required. ATCP 93.830(2)(2) Class B operators. Responsibilities of a Class B operator include ensuring that all of the following occur: ATCP 93.830(2)(a)(a) Requirements for leak or release detection methods, record keeping, and reporting are met. ATCP 93.830(2)(b)(b) Requirements for leak or release prevention equipment, record keeping, and reporting are met. ATCP 93.830(2)(d)(d) Appropriate individuals are trained to properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system. ATCP 93.830(2)(e)(e) All Class C operators are provided with training and written instructions that include all of the following: ATCP 93.830(2)(e)2.2. The name and other information needed for contacting appropriate parties if a leak, spill, release, or alarm occurs. ATCP 93.830(2)(f)1.1. A Class C operator is present during all operating hours of the underground storage tank system, except as provided in subd. 2. ATCP 93.830(2)(f)2.a.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. ATCP 93.830 NoteNote: 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. ATCP 93.830(2)(f)2.c.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. ATCP 93.830(3)(3) Class C operators. Responsibilities of a Class C operator include all of the following: ATCP 93.830(3)(b)(b) Notifying the Class B or Class A operator and appropriate emergency responders, including 911 personnel, when necessary. ATCP 93.830(3)(c)(c) Controlling or monitoring the dispensing or sale of regulated substances. ATCP 93.830 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.840ATCP 93.840 Training elements for Class A operators. Each Class A operator shall attend department-approved training in all of the following: ATCP 93.840(1)(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: ATCP 93.840(2)(2) Financial responsibility documentation requirements. ATCP 93.840(4)(4) Requirements for reporting obvious and suspected releases. ATCP 93.840(5)(5) Requirements for permanently closing a tank system and for placing a tank system temporarily out of service. ATCP 93.840 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.841ATCP 93.841 Training elements for Class B operators. Each Class B operator shall attend department-approved training in all of the following: ATCP 93.841(1)(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: ATCP 93.841(1)(c)(c) Methods of leak and release detection, and leak and release prevention applied to underground storage tank system components. ATCP 93.841(1)(d)(d) Operation and maintenance requirements of this chapter which apply to underground storage tank systems and which address each of the following: ATCP 93.841(2)(2) Each Class B operator shall receive either of the following: ATCP 93.841(2)(a)(a) Site-specific operator training that is focused only on regulatory requirements and equipment specific to the operator’s underground storage tank system facility. ATCP 93.841(2)(b)(b) General training that encompasses all regulatory requirements and typical equipment used at UST facilities. ATCP 93.841 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.842ATCP 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: ATCP 93.842(1)(1) Each Class C operator shall be trained to take appropriate action in response to both of the following: ATCP 93.842(1)(a)(a) Emergencies, including situations which pose an immediate danger or threat to the public or to the environment and which require immediate action. ATCP 93.842(1)(b)(b) Alarms caused by spills, leaks or releases from an underground storage tank system. ATCP 93.842 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.850ATCP 93.850 Acceptable training and certification processes. ATCP 93.850(1)(1) Operator training shall include evaluation and accreditation of the operator’s knowledge of the applicable requirements in ss. ATCP 93.840 to 93.842. Thirty days after November 1, 2019: ATCP 93.850(1)(a)2.2. Requests for training approval shall be submitted on a form, TR-WM-159, supplied by the department. ATCP 93.850(1)(a)3.3. Requests for approval shall include sufficient information to determine if the training complies with this subsection.
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Chs. ATCP 90-139; Trade and Consumer Protection
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