Arizona Laws 49-1083. Designation; training; record keeping requirements; rules
A. Beginning August 9, 2012, an owner or operator shall designate a class A individual who must be trained pursuant to subsections E and F of this section within thirty days or another period specified by the director after being designated by the owner or operator.
Terms Used In Arizona Laws 49-1083
- Attended facility: means an underground storage tank facility at which it is the usual and customary practice for the owner or operator, or any employee of the owner or operator, to be present on site during normal hours of operation. See Arizona Laws 49-1081
- Closure: means the removal of an underground storage tank from operation. See Arizona Laws 49-1001
- Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Operator: means a person in control of, or having responsibility for, the day-to-day operation of an underground storage tank. See Arizona Laws 49-1001
- Release: means a spill, leak, emission, discharge, escape, leach or disposal of a regulated substance from an underground storage tank into groundwater, surface water or soils. See Arizona Laws 49-1001
- Suspected release: means any of the following:
(a) The discovery by owners and operators or others of released regulated substances at the underground storage tank site or in the surrounding area. See Arizona Laws 49-1001
- Tank: means a stationary device constructed of wood, concrete, steel, plastic or other nonearthen materials and used to contain regulated substances. See Arizona Laws 49-1001
- Underground storage tank: means a tank or combination of tanks and underground pipes and impact valves connected to tanks being used or having been used to contain regulated substances and which has at least ten percent of the total volume of the tank and underground portions of pipes connected to the tank underground. See Arizona Laws 49-1001
B. Beginning August 9, 2012, an owner or operator must designate a class B individual who must be trained pursuant to subsections E and F of this section within thirty days or another period specified by the director after being designated by the owner or operator.
C. Beginning August 9, 2012, an owner or operator must designate one or more class C individuals who must be trained pursuant to subsections E and F of this section before assuming the role of a class C individual. For an attended facility, a class C individual must be on site during the usual and customary hours of operation.
D. The class A individual and class B individual shall be retrained if the director determines that an underground storage tank at the facility is not equipped and operated in accordance with release detection, corrosion protection, spill prevention and overfill protection in compliance with sections 49-1003, 49-1009 and 49-1023 and the rules adopted under those sections, as applicable. Documentation of the retraining must be maintained in accordance with subsection G of this section.
E. The director shall establish the duration for which training is valid and the duration shall not be less than one year or more than three years.
F. The training shall be in a format approved by the director and shall include the following:
1. For a class A individual, the requirements associated with notification under section 49-1002, release detection under section 49-1003, reporting requirements under section 49-1004, financial responsibility under section 49-1006, closure under section 49-1008, underground storage tank performance under section 49-1009, delivery prohibition under section 49-1023 and this section and the rules adopted under those sections, as applicable.
2. For a class B individual, the requirements associated with release detection under section 49-1003, reporting requirements under section 49-1004, underground storage tank performance under section 49-1009, delivery prohibition under section 49-1023, the training requirements for a class C individual under paragraph 3 and the rules adopted under those sections, as applicable.
3. For a class C individual, initial response procedures to an alarm or other indication of an emergency caused by a release or suspected release from an underground storage tank, including procedures for contacting a class A or class B individual and any emergency responder.
G. An owner and operator shall document that the training requirements of this section have been met for each class A, class B or class C individual. Training shall be documented on a form prescribed by the director. Training records shall be maintained for a period of not less than three years after the training is completed and shall be available for inspection by the director on request.
H. The director may adopt rules to implement this section.