ATCP 93.805ATCP 93.805 Scope. This subchapter applies to all underground storage tank systems that are required by s. ATCP 93.145 to have a permit to operate from the department.

ATCP 93.805 NoteNote: This subchapter generally does not specify operation or maintenance requirements. For applicable operation or maintenance requirements, refer to previous sections of this chapter, such as s. ATCP 93.605 (1) (a), which requires fuel dispensing facilities to have periodic and annual inspections and maintenance in accordance with PEI RP500 and RP900.

ATCP 93.810(1)(1) “Class A operator” means the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements. The Class A operator typically manages resources and personnel, such as establishing work assignments to achieve and maintain compliance with regulatory requirements.

ATCP 93.810 NoteNote: In general, this individual focuses on the broader aspects of the statutory and regulatory requirements and standards necessary to properly operate and maintain an underground storage tank system, such as the requirements in 40 CFR 280 and this chapter.

ATCP 93.810(2)(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.

ATCP 93.810 NoteNote: 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.

ATCP 93.810(3)(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.

ATCP 93.810 NoteNote: 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.

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 93.830(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.