Section 329IAC9-9-3. General provisions and transition

   (a) The owner or operator of a UST system must designate a Class A, Class B, and Class C operator for the UST system on or before thirty (30) days after the effective date of this rule, except as provided in subsection (c). The owner and operator of the UST system are responsible for ensuring that the Class A, Class B, and Class C operators fulfill their responsibilities under this rule. Each designated operator must be certified under this rule as follows:

(1) An incoming designated Class A or Class B operator for an existing UST system without compliance deficiencies documented by the department must be certified within thirty (30) days of assuming full operation and maintenance responsibilities at the UST system.

(2) An incoming designated Class C operator must be certified before assuming responsibilities at a UST system facility.

(3) An incoming designated Class A or Class B operator at an existing facility that has compliance deficiencies documented by the department must be certified before assuming full operation and maintenance responsibilities at a UST system facility.

(4) The owner or operator of a UST system that goes into use after the effective date of this rule must designate a certified Class A, Class B, and Class C operator for that system within thirty (30) days of bringing the UST system into use.

If the owner and operator of the UST system are separate persons, either the owner or operator may designate the Class A, Class B, and Class C operators for the UST system, but both the owner and the operator have equal responsibility to ensure that Class A, Class B, and Class C operators are designated. An owner or operator may contract with another person to provide Class A or Class B operator services for the owner or operator's UST system.

  (b) Either a Class A, Class B, or Class C operator must be present on-site during the operation of a UST system facility, except as provided in subsection (c). At the owner or operator's discretion, one (1) person may be designated as the Class A, Class B, and Class C operator for a facility, provided that person complies with the requirements including the training requirements contained in section 6 of this rule, for each class for which that person is designated.

  (c) The owner or operator of an unattended facility is not required to designate a Class C operator or have a Class A, Class B, or Class C operator present on-site during the operation of the UST system. The owner or operator of a partially attended facility must designate a Class C operator and have a Class A, Class B, or Class C operator present on-site during the period of time the facility is attended.

(1) Owners and operators of unattended and partially attended facilities must post in a conspicuous place a sign at least one (1) foot high by two (2) feet wide with letters at least one (1) inch high legibly stating the emergency shut-off procedures and the name, address, and telephone number that will reach a designated operator for the UST system along with the name and telephone number of the local emergency responders.

(2) The designated operators for the unattended or partially attended UST system remain responsible for operation and maintenance activities must otherwise meet the requirements of this rule.

  (d) A certified Class A or Class B operator may be a designated operator for more than one (1) UST system facility.

  (e) A person shall not perform the duties of a Class A or Class B operator unless that individual has a valid certificate from the department relating to that class. A person shall not perform the duties of a Class C operator unless that person has a valid certification as a Class C operator. (Solid Waste Management Division; 329 IAC 9-9-3; filed Dec 18, 2012, 2:02 p.m.: 20130116-IR-329100066FRA)