8 CAR § 80-704 – General requirements

(a)
1. (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 subpart.
2. (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 of Environmental Quality requirements for the class or classes designated.
3. (3) At least one (1) Class C operator must be present on site during all hours of operation of an underground storage tank facility with the exception of:
  1. (A) Unmanned facilities with an emergency generator tank or tanks only; or
  2. (B) Unmanned facilities that meet the compliance requirements of the Arkansas Fire Prevention Code.
(b) The division may accept Class A or Class B operator certification from another state with a United States Environmental Protection Agency-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 part, 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 subpart 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 of the Division of Environmental Quality for purposes of appeal.