(1) Owners or operators shall identify and designate for each in-service underground storage tank system facility, including unmanned facilities, at least one named individual for each class of operator — Class A, Class B, and Class C. All individuals designated as a Class A, B or C operator shall, at a minimum, be trained and certified in accordance with this rule. For the purposes of this rule, the terms “Class A Operator,” “Class B Operator,” or “Class C Operator” are terms specific to the training requirements of this subsection Fla. Admin. Code R. 62-761.350(2)

Terms Used In Florida Regulations 62-761.350

  • Certified Contractor: means a Pollutant Storage System Contractor certified by the Department of Business and Professional Regulation in accordance with Florida Statutes Chapter 489 Except for the exemptions specified in Florida Statutes Chapter 489, Certified Contractors are not required for activities that do not involve excavating or disturbing the backfill around storage tank systems. See Florida Regulations 62-761.200
  • Corrosion Protection: means the minimization of corrosion by the use of cathodic protection or vapor corrosion inhibitors. See Florida Regulations 62-761.200
  • County: means a locally administered governmental program under contract with the Department to perform compliance verification activities at facilities with storage tank systems within the boundaries stipulated in the applicable contract. See Florida Regulations 62-761.200
  • Dispenser: means a dispensing system that is used to transfer regulated substances from a fixed point to a vehicle or portable container. See Florida Regulations 62-761.200
  • In-service: means a storage tank system where the owner or operator has not reported to the Department in accordance with paragraph Fla. See Florida Regulations 62-761.200
  • Maintenance: means the normal operational upkeep in accordance with Rule Fla. See Florida Regulations 62-761.200
  • Out-of-service: means a storage tank system or system component that is designated as out-of-service by the owner or operator to the Department on Storage Tank Facility Registration Form 62-761. See Florida Regulations 62-761.200
  • Overfill: is a n incident that occurs when a tank is filled beyond its capacity. See Florida Regulations 62-761.200
  • Overfill protection: is a device or method for preventing an incident, release, or discharge from a storage tank during filling of the storage tank system. See Florida Regulations 62-761.200
  • Product: means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not. See Florida Regulations 62-761.200
  • Release: means a loss of regulated substances from a storage tank system or system component into the system's secondary containment. See Florida Regulations 62-761.200
  • Release detection: means a method of detecting the presence of regulated substances within a storage tank system's or system component's secondary containment or detecting other conditions or situations indicative of a release or discharge. See Florida Regulations 62-761.200
  • Storage tank system: means a tank used to contain regulated substances, its integral piping, and all its components, including dispensers, spill containment systems, overfill protection systems, secondary containment systems, and any associated release detection equipment. See Florida Regulations 62-761.200
  • Tank: means an enclosed stationary container or structure that is designed or used to store regulated substances, and the volume of which, including the volume of underground piping, is ten percent or more buried beneath the surface of the ground. See Florida Regulations 62-761.200
    (a) Owners and operators may designate different individuals for each class of operator, or one individual for more than one of the operator classes.
    (b) Any individual designated for more than one operator class shall be trained and certified for each operator class, except that training and certification as a Class B operator also entitles that individual to certification as a Class A operator.
    (c) An individual may be designated as a Class A operator for one or more facilities. An individual may be designated as a Class B operator for one or more, but not to exceed 50 facilities. An individual Class C operator must be specifically trained for each facility.
    (d) During hours of operation, facilities must have at least one certified operator (either a Class A, Class B, or Class C operator) present at the facility, except when a facility is unmanned. A facility is considered unmanned when during the normal course of business, and after hours of operation, there is routinely no Class A, B, or C operator present at the facility who could respond to alarms or emergencies related to the storage tank systems. (Examples of unmanned facilities include, but are not limited to, card lock or card access fueling stations, telecommunication towers or utility transfer stations serviced by emergency generator storage tank systems, and unattended storage tank systems located at industrial facilities.) Unmanned facilities must have weather resistant signage clearly visible from any dispenser which instructs users with regard to basic safety procedures, provides the customer with a 24-hour telephone number to contact a Class A, B, or C operator for the facility and provides instruction on contacting local emergency responders.
    (2) The three classes of operators are identified as follows.
    (a) Class A Operator.
    1. Functions. A Class A operator of an underground storage tank system facility is an individual who typically has primary responsibility for ensuring the proper operation and maintenance of the storage tank systems, particularly in the capacity of managing resources and personnel necessary to achieve and maintain compliance with all storage tank system regulations.
    2. Qualifications and Training. Class A operators must be trained in and have a general knowledge of the requirements of applicable storage tank system regulations, including, but not limited to registration, system components, product compatibility, spill containment and overfill protection, corrosion protection, release detection, recordkeeping, notification, release reporting and response, out-of-service status, permanent closure, operator training, and financial responsibility.
    (b) Class B Operator.
    1. Functions. A Class B operator of an underground storage tank system facility is an individual who ensures the implementation of all applicable requirements of these regulations in the field and implements the day-to-day aspects of the operation and maintenance of, and recordkeeping for, storage tank systems.
    2. Qualifications and Training. Class B operators must be trained in and have detailed knowledge of the requirements of applicable storage tank system regulations, including, but not limited to registration, system components, product compatibility, spill containment and overfill protection, corrosion protection, release detection, recordkeeping, notification, release reporting and response, out-of-service status, permanent closure, operator training, and financial responsibility. A facility owner or operator may designate as its Class B operator a third party (i.e., an individual who is an independent contractor or consultant and is not affiliated with the facility owner or operator) only if that individual also holds a current “B” or “A/B” license and who either is, or is employed by, a licensed Certified Contractor. However, designation of an independent or not affiliated Class B operator in this manner does not also entitle that individual to certification as a Class A operator for a facility.
    (c) Class C Operator.
    1. Function. A Class C operator of an underground storage tank system, facility is an individual designated by the facility owner, storage tank system owner, or operator who typically controls the dispensing of fuel at the facility and is responsible for initial response to alarms, releases, spills, overfills, or threats to the public or to the environment.
    2. Training. Class C operators must be trained in both general and facility-specific emergency response procedures, such as: the operation of emergency shut-off equipment; the initial response procedures following system alarm warnings; the appropriate first response actions to releases, spills, or overfills; and the notification procedures to emergency responders and to the designated Class A and Class B operators of a facility.
    (3) Training.
Operator training must fulfill the training requirements described for each class of operator. The following is a list of acceptable approaches to meet the operator training requirements.
    (a) Acceptable Training for Class A and Class B Operators.
Class A and Class B operators must complete a Department approved operator training course which provides the information required by subparagraphs 62-761.350(2)(a)2. and 62-761.350(2)(b)2., F.A.C., respectively, and subparagraph 62-761.350(2)(c)2., F.A.C. Courses or processes may include in-person or online training performed by, contracted for, or approved by the Department, and must include an evaluation of operator knowledge through testing or practical demonstration. All providers of operator training courses or processes will also be required to provide training documentation by providing certificates of training to certified operators. Those records will be required to be accessible to the Department on an on-going basis. The Department Secretary or designee shall issue an order granting or denying the request for approval of a Class A or Class B operator training course. This order shall be Agency action, reviewable in accordance with sections 120.569 and 120.57, F.S.
    (b) Acceptable Training for Class C Operators.
    1. Class B operators must provide training which provides the information required by subparagraph 62-761.350(2)(c)2., F.A.C., or ensure that the facility’s Class C operators otherwise complete training in emergency procedures. Class C operator training programs may include in-class, hands-on, on-line, or any other training format deemed acceptable by the Class B operator.
    2. Class A and Class B operators must ensure that site-specific emergency response procedures are maintained in an easily accessible location at the facility which is immediately available to the Class C operator, and that site-specific notices that include the location of emergency shut-off devices and appropriate emergency contact telephone numbers are posted in a prominent area at the facility that is easily visible to the Class C operator. For the purposes of this subsection, the phrase “easily accessible location” means located in a place and manner that allows a Class C operator quick and immediate access to site-specific emergency response procedures.
    (4) Certification.
Operators are considered certified operators after successfully completing one of the training processes listed in paragraph (a), of this subsection.
    (a) Class A and Class B Operators. Training providers must provide verification to all Class A and Class B operators who have successfully completed training, in the form of a written or printable electronic training certificate stating the classification and the date it was obtained. Owners and operators must ensure that training certificates are maintained at each facility for inspection by the county or Department.
    (b) Class C Operators. A designated Class B operator for a given facility must provide the facility owner or operator with signed and dated written verification in the form of a list of all Class C operators who have been trained for that facility, which includes the date of that training. Owners and operators must ensure that a current and correct list of trained Class C operators is maintained at each facility or electronically provided by the Class A or B operator for inspection by the county or Department.
    (5) Deadlines.
    (a) By October 13, 2018, owners or operators of underground storage tank system facilities must designate at least one Class A, Class B, and Class C operator for each facility who has completed an approved operator training course.
    (b) By October 13, 2018, Class A or Class B operators shall be designated by a facility owner or operator within 30 calendar days of assuming operation and maintenance responsibilities at the facility.
    (c) By October 13, 2018, Class C operators shall be designated by a facility owner or operator, prior to assuming unsupervised responsibility for responding to emergencies at the facility.
    (6) Retraining. Class A and Class B operators of a facility receiving a Notice of Violation issued by the Department for significant noncompliance, must complete a retraining class or examination within 30 days of receiving the Notice of Violation from the Department. If a facility is cited and the Department determines that the facility is in significant noncompliance, the designated Class A and B operator(s) for that facility must complete retraining. Class A and B operators are not, however, required to attend such training more than once every 12 months, regardless of the number of their designated facilities found in violation. For the purposes of this rule, “significant noncompliance” is defined as the failure to maintain compliance for one or more of the following: release detection, spill containment/overfill protection, construction, or financial responsibility.
    (7) Documentation.
Owners and operators of underground storage tank system facilities, except unmanned facilities, must maintain required training certification documentation as described in this rule on-site and must provide it upon request to the county or Department. Documentation may be maintained electronically off-site if that facility has the capability of producing a clear printed copy which can be provided to the Department within 72 hours. Owners and operators of unmanned underground storage tank system facilities must provide documentation as requested by the Department.
Rulemaking Authority 376.30, 376.303 FS. Law Implemented 376.30, 376.303, 376.315, 403.021, 403.061 FS. History—New 8-7-14, Amended 1-11-17.