<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 26.10.16.04" title_num="26" subtitle_num="10" chapter_num="16" heading="Requirements for Designated Operators.">
  <paragraph num="A.">
    <text>A Class A operator shall:</text>
    <paragraph num="(1)">
      <text>Successfully complete Class A operator training required by this chapter and approved by the Department;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In accordance with this chapter and COMAR 26.10.01—26.10.12, ensure that:</text>
      <paragraph num="(a)">
        <text>The installation, upgrade, and repair of a UST system is performed in the continuous on-site presence and under the direction of a UST system technician certified under COMAR 26.10.06;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The closure or a change-in-service of a UST system is performed in the continuous on-site presence and direction of a UST system technician or remover certified under COMAR 26.10.06;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A qualified person implements the operation, maintenance, testing, and recordkeeping requirements for a UST system, including requirements related to:</text>
        <paragraph num="(i)">
          <text>Spill and overfill prevention;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Release detection, reporting, and emergency response;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Corrosion protection;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Product and equipment compatibility;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Financial responsibility;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Notification and UST system registration;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>The temporary and permanent closure and change-in-service of a UST system; and</text>
        </paragraph>
        <paragraph num="(viii)">
          <text>Class B operator and Class C operator training and certification; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>Records required to demonstrate compliance with COMAR 26.10.01—26.10.12 are maintained and made available upon request to the Department or a certified UST system inspector;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Maintain knowledge of the skills and training requirements for Class B operators and Class C operators; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Be available to respond to suspected or confirmed spills, releases or discharges, unusual operating conditions, emergencies, and equipment failures at a regulated substance storage facility by being:</text>
      <paragraph num="(a)">
        <text>Immediately accessible for consultation by telephone when the facility is operating; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>On-site at the regulated substance storage facility within 24 hours of receiving a request from emergency response personnel or the Department, or within another time period approved by the Department.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A Class B operator shall:</text>
    <paragraph num="(1)">
      <text>Successfully complete Class B operator training required by this chapter and approved by the Department;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In accordance with this chapter and COMAR 26.10.01—26.10.12, ensure that:</text>
      <paragraph num="(a)">
        <text>UST system release detection methods are implemented, and release detection and prevention equipment are operational and tested;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Release detection reporting requirements are met;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The inspection and testing of spill prevention, overfill prevention, and corrosion protection equipment for proper operation are conducted;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Walkthrough inspections are conducted;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>All required UST system equipment tests are conducted;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>UST equipment manufacturer and third-party performance standards are met, and the applicable standards, manuals, and instructions are available at a regulated substance storage facility;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Records required to demonstrate compliance with COMAR 26.10.01—26.10.12 are maintained and made available upon request to the Department or a certified UST system inspector; and</text>
      </paragraph>
      <paragraph num="(h)">
        <text>A Class C operator is trained in accordance with this chapter to respond properly to a suspected or confirmed spills, releases or discharges, unusual operating conditions, emergencies, and equipment failures;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Maintain knowledge of the skills and training requirements for a Class C operator; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Be available to respond to a suspected or confirmed spills, releases or discharges, unusual operating conditions, emergencies, and equipment failures at a regulated substance storage facility by being:</text>
      <paragraph num="(a)">
        <text>Immediately accessible for consultation by telephone when the facility is operating; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>On-site at the regulated substance storage facility within 24 hours of a receiving request from emergency response personnel or the Department, or within another time period approved by the Department.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A Class C operator shall:</text>
    <paragraph num="(1)">
      <text>Successfully complete the Class C operator training required by this chapter and approved by the Department; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Control and monitor the dispensing or sale of a regulated substance;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Immediately respond to alarms, equipment failures, or other indications of emergencies caused by a spill, release, or discharge from the UST system;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Notify a Class A operator or a Class B operator, appropriate emergency response personnel, and the Department of a suspected or confirmed spill, release, or discharge in accordance with the written instructions provided by the owner and the operator of the UST system as set forth in Regulation .03A(3) of this chapter; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Be available to respond to suspected or confirmed spills, releases or discharges, unusual operating conditions, emergencies, and equipment failures at a regulated substance storage facility by:</text>
      <paragraph num="(a)">
        <text>Except for an approved unattended motor fuel dispensing facility, being on-site and readily available whenever the regulated substance storage facility is operating; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For an approved unattended motor fuel dispensing facility:</text>
        <paragraph num="(i)">
          <text>Being immediately accessible for consultation by telephone with emergency response personnel or the Department; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Being on-site at the regulated substance storage facility within 2 hours of receiving a request from emergency response personnel or the Department, or within another time period approved by the Department.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>