Current through Rules and Regulations filed through December 18, 2024
(1)
Responsibilities.
(a) Each UST facility must
have a Class A, Class B and Class C Operator designated for each UST system or
group of UST systems and shall not operate without a designated operator for
each class as herein defined. Should an operator in any class as herein defined
either resign or be terminated for any reason, the UST facility must replace
the vacated operator with another one in the same class within sixty (60) days
or cease operations until such a replacement is designated. The Class A, Class
B and Class C Operator may be the same person or multiple persons, provided the
person designated to more than one operator class must be trained or meet the
responsibilities for each operator class for which that person is designated.
The Class A or B Operator does not have to be present at each UST facility at
all times. For unmanned UST locations not open to the public where no attendant
is present and each dispenser is either key or card controlled, each key or
card holder shall be trained to the standards of a Class C Operator; provided
however, the operators and owners of that facility are still responsible for
the compliance requirements of the UST facility.
(b) In addition to those responsibilities for
Class A Operators required by these Rules, the Class A Operator must ensure
that appropriately trained individuals operate and maintain the UST systems;
maintain appropriate records; conduct required emergency response activities
and provide required financial responsibility documentation to EPD as required
under these Rules. A Class A Operator must demonstrate to the satisfaction of
the Director by passing an EPD authorized test that he or she has sufficient
general knowledge of UST system requirements to be able to make informed
decisions regarding UST compliance and be able to recognize if Class B or C
operators are fulfilling the UST operation, maintenance, notification and
record keeping requirements of these Rules and GUSTA, including, but not
limited to, spill prevention, overfill prevention, release detection, corrosion
protection, emergency response, product compatibility, release and suspected
release reporting, temporary and permanent closure requirements, financial
responsibility requirements, notification requirements and operator training
requirements, for UST facilities as required by these Rules.
(c) In addition to those responsibilities for
Class B Operators required by these Rules, the Class B Operator must
demonstrate to the satisfaction of the Director through passing an appropriate
test as established by EPD a sufficient knowledge of all UST system
requirements indicating that he or she can make informed decisions and
implement the UST operational, maintenance, notification and reporting
requirements of these Rules and GUSTA, including, but not limited to UST system
components, UST system component construction, methods of release detection and
prevention, corrosion protection, emergency response requirements, product
compatibility, reporting and record keeping requirements, product
compatibility, reporting and record keeping requirements, delivery prohibition
requirements and Class C Operator training requirements, as required by these
Rules.
(d) In addition to those
responsibilities for Class C Operators as are required by these Rules, the
Class C Operator must demonstrate to the satisfaction of the Director, through
passing appropriate examination as established by EPD, a sufficient knowledge
of all UST system requirements indicating that he or she can make informed
decisions and take appropriate actions in response to emergencies or alarms
caused by spills or releases from an UST system.
(2) Training.
(a) All Class A and Class B Operators of all
UST systems regulated under these Rules are required to pass a written
examination corresponding to their respective operator classification known as
the Georgia UST Operator Examination, as authorized and amended periodically by
the Director, which shall determine that the person being tested has the
knowledge and skills necessary to be considered as competent to operate UST
systems at the operator level for which they have been designated and tested.
The Director shall periodically publish the name of the test administrator,
contact information, testing locations, testing frequency and a list of the
guidance documents and training materials on which the test will be based. The
Director shall approve the content of any tests administered by the approved
test administrator and the curriculum of any UST operator training courses.
This testing of Class A and B Operators must be accomplished for all Class A
and B Operators for any UST facility as identified on the Annual Tank
Registration as required under Rule
391-3-15-.05(4)(b)2.
(b) Should any Class A or Class B
Operator take the Georgia UST Operator Examination and fail to pass the same as
certified to the EPD by the test administrator, the operator shall attend and
successfully complete an UST Operator training course of the operator's choice;
provided, the curriculum of which is based on the list of the guidance
documents and training materials as periodically identified by the Director.
After successful completion of an UST operator training course, evidenced by
appropriate documentation presented to the Georgia UST Operator Test
administrator, the operator will be required to retake and pass the Georgia UST
Operator Examination.
(c) Fees for
the initial and retake of the Georgia UST Operator Examination shall be as set
by the test administrator and shall be payable to the test administrator. Fees
for training courses shall be set by the training course providers and shall be
payable to the training provider.
(d) All new Class A and Class B operators, if
not already certified as trained, or subject to the reciprocity provisions
hereof, shall be required to pass the Georgia UST Operators Examination within
30 days of taking responsibility of a UST system. After satisfactorily passing
the Georgia Underground Storage Tank Operators Exam, the Class A or Class B
Operator shall be issued a Certificate from the approved test administrator
indicating the name of the test applicant, operator category of the test and
the date of the test, which certificate shall expire seven (7) years from the
date of issue.
(e) Class C
Operators shall receive training in the responsibilities of that class prior to
assuming responsibilities of that position. Class C operators shall be trained
in the responsibilities of that class by either the Class A or Class B
Operators for that facility. The method and curriculum used to train the Class
C operator shall be kept onsite at the UST facility and shall specifically
identify which employees are considered Class C operators and which have
received the Class C operator training. Any Class C operator if not already
certified as trained shall be trained as required herein before taking
responsibility for a UST system.
(3) Retraining.
(a) All Class A and Class B operators shall
be required to retake and pass the Georgia UST Operator Examination once every
seven (7) years.
(b) Should EPD
determine that a UST facility is out of compliance with significant operational
compliance requirements for release detection and release prevention
requirements, or financial assurance responsibility requirements as provide in
these Rules, the EPD shall require the Class A or Class B operator be trained
and re-tested at a minimum for the criteria in which the UST facility was
determined to be out of significant operational compliance.
(c) A Certificate of Training may be granted
at the discretion of the Director to operators who have received certification
from other States whose UST rules are compatible with these Rules and have an
approved EPA operator training program and provide reciprocity to Georgia
operators in that State.
(4) Revocation of Certification.
The Director may investigate the actions of any operator and
may revoke or suspend the certificate of an operator when it is found by the
Director that in obtaining such certificate the operator has practiced fraud or
deception; or that reasonable care, judgment, or the application of knowledge
or ability was not used in the performance of the operator's duties; or that
the operator is incompetent or unable to perform his duties properly.
(5) Violations.
It shall be a violation of these Rules for any UST owner to
operate or allow to be operated any UST facility owned by that owner without a
Class A, Class B or Class C operator being designated and existing for said UST
facility as prescribed by these Rules. If any UST owner operates or allows to
be operated any UST facility in violation of this Rule,
391-3-15-.16, the current Annual
Tank Registration Certificate issued by EPD as required by Rule
391-3-15-.05 may be revoked by the
Director.
O.C.G.A. §
12-13-1, et
seq.