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118.01.1-12.704 General Requirements

AR ADC 118.01.1-12.704Arkansas Administrative CodeEffective: December 25, 2021

West's Arkansas Administrative Code
Title 118. Department of Energy and Environment
Division 01. Arkansas Pollution Control and Ecology Commission
Rule 12. Storage Tanks
Chapter 7. Operator Training
Effective: December 25, 2021
Ark. Admin. Code 118.01.1-12.704
Formerly cited as AR ADC 014.07.1-12.704
118.01.1-12.704 General Requirements
(A)(1) By August 8, 2012, each facility with an underground storage tank system must have a Class A, Class B, and Class C operator designated for that facility who has been trained or certified in accordance with the requirements of this Chapter.
(2) Separate individuals may be designated for each class of operator, or one (1) individual may be designated to more than one (1) operator class provided he or she is trained in accordance with Division requirements for the class or classes designated.
(3) At least one (1) Class C operator must be present onsite during all hours of operation of an underground storage tank facility with the exception of:
(a) Unmanned facilities with an emergency generator tank(s) only; or
(b) Unmanned facilities that meet the compliance requirements of the Arkansas State Fire Code.
(B) The Division may accept Class A or Class B operator certification from another state with an EPA-recognized operator training program.
(C) An owner or operator must maintain records documenting the training or certification for all Class A, Class B, and Class C operators at the underground storage tank facility, immediately available for inspection by the Division, or at a readily available alternative location and shall provide the records for inspection to the Division upon request.
(D) If the Division determines an underground storage tank facility has been identified as ineligible for fuel delivery under this Rule, both the designated Class A operator and the designated Class B operator for that facility must complete Division-provided retraining and be recertified within forty-five (45) days of the facility being identified as ineligible for fuel delivery.
(E) Certification required by this Chapter may be denied by the Division if the individual fails to meet any of the applicable operator training or certification requirements.
(F) A denial of certification will be considered a final decision of the Director for purposes of appeal.

Credits

Adopted Dec. 28, 2009. Amended Aug. 2, 2014; Sept. 8, 2018; Dec. 25, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 118.01.1-12.704, AR ADC 118.01.1-12.704
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