Current through Register Vol. 56, No. 18, September 16, 2024
(a) The owner and operator of an UST system shall
designate Class A, Class B, and Class C operators, trained pursuant to N.J.A.C.
7:14B-5A and notify the Department of each designated Class A and Class B operator
in accordance with N.J.A.C. 7:14B-2. An individual may be designated under more than
one operator class, provided the individual is trained in accordance with N.J.A.C.
7:14B-5A for each class for which he or she is designated.
(b) Beginning no later than October 13, 2018, or
the date provided at
40 CFR
280.240, whichever is later, at least one
of each class of operator shall be designated for a facility at all times.
(c) The owner and operator of a facility shall
designate a Class A, Class B, and Class C operator in accordance with the following:
1. The owner and operator shall designate at least
one Class A and Class B operator in its New Jersey Underground Storage Tank Facility
Certification Questionnaire, and shall designate at least one Class C operator on
records maintained by the owner and operator at the facility.
2. After at least one of each class of operator is
designated for a facility, an owner and operator shall designate Class A, Class B,
or Class C operators as follows:
i. A Class A or
Class B operator trained pursuant to N.J.A.C. 7:14B-5A or eligible for reciprocity
in accordance with N.J.A.C. 7:14B-5A.3 may be designated at any time;
ii. If the designated Class A or Class B operator
is no longer available to the facility, notification shall be provided to the
Department within 30 days of a change in designation; and
iii. A Class C operator shall successfully
complete training in accordance with N.J.A.C. 7:14B-5A prior to being
designated.
(d)
Except as set forth in (d)1ii below and N.J.A.C. 7:14B-5.13, the owner and operator
shall ensure that at least one designated operator (Class A, Class B, or Class C) is
present at the facility at all times that the facility is operating, including when
hazardous substances are introduced into or removed from an UST system.
1. The owner and operator of a facility at which
deliveries of hazardous substances into, or removal of hazardous substances from,
the UST system occur before or after normally staffed business hours may comply with
(d) above as to those before or after hours deliveries or removals by:
i. Entering into a contract with a hazardous
substance supplier or transporter in which the supplier or transporter agrees to
ensure that an individual who has completed Class C operator training pursuant to
N.J.A.C. 7:14B-5A.2(c) is present when a hazardous substance is introduced into or
removed from the UST system. The contract shall authorize the individual, supplier,
or transporter to initiate appropriate response actions and notifications, as
included on the facility release response plan, in the event of a spill or release
resulting from the introduction of hazardous substances into or removal of hazardous
substances from the UST system. The owner and operator, and supplier or transporter
shall maintain a copy of the contract and the facility specific response procedures,
and the owner and operator shall make them available to the Department on request;
or
ii. Posting one or more signs that
meet the unmanned facility sign requirements at N.J.A.C. 7:14B-5.13(a).
(e) Designation of a Class
A, Class B, or Class C operator does not relieve an owner and operator of
responsibility for compliance with the State Act, and this chapter.
