1. (a) General requirement.No person shall own or operate an UST system without designating Class A, B, and C operators who meet the requirements of this section.

2. (b) Designation of class A, B, and C operators.

   1. (1) The owner or operator of an underground storage facility shall designate and maintain such designation in writing, of at least one Class A operator, one Class B operator, and one Class C operator for each underground storage facility. The owner or operator shall only designate a Class A, B, and C operator who maintains a current and valid certificate demonstrating that such operator is in compliance with the requirements of this section. Each designation shall be signed and acknowledged by each Class A, Class B or Class C operator being designated. An individual holding multiple certifications may be designated by an owner or operator to satisfy the requirements of this subdivision.
   2. (2) Not later than 30 days after each designation required by this subsection, including any subsequent change made thereto, the owner or operator shall provide the information specified by the commissioner regarding each Class A and B operator designated under subdivision (1) of this subsection. Such information shall be provided on a form and in a method prescribed by the commissioner.

   3. (3) At each underground storage facility, the owner or operator shall post a list showing all Class C operators designated for that facility at a prominent location visible to the public. For a Class C operator such posting shall include:

      1. (A) The names of each designated Class C operator;
      2. (B) A certification signed by a Class B operator who trained the C operator; and (C) The dates that certification for each Class C operator began and will expire.
3. (c) Requirements for operators to be present at an underground storage facility.The owner or operator of an underground storage facility shall ensure that a Class B or Class C operator is present at an underground storage facility at all times when any regulated substance is or may be dispensed at such facility, except the owner or operator of an underground storage facility where regulated substances are not available for sale to any person, such as a facility where access is limited to use by employees, is not required to ensure that there is either a Class B or Class C operator at an underground storage facility at all times.

4. (d) Requirements for class A, B, and C operators.The owner or operator of an underground storage facility shall only retain Class A, B, and C operators designated to an underground storage facility who meet the following requirements:

   1. (1) Requirements For a Class A or Class B Operator. No person shall be considered a Class A or Class B operator or undertake the requirements of a Class A or Class B operator unless such person:

      1. (A) Has a valid certificate, issued by a program approved by the commissioner pursuant to subsection (f) of this section, demonstrating that such person has passed the examination applicable to the classification on the certificate; and(B) Has a working familiarity with the information specified in this subparagraph, as applicable.

5. (i) A Class A Operator shall have knowledge of all legal requirements in the State of Connecticut regarding the operation and maintenance of UST systems. At a minimum, this shall include the purpose, methods and functions of the following at each underground storage facility:

   1. (I) Notification requirements, including the method used for notification such as electronic notification;

      1. (II) Spill and overfill prevention;
      2. (III) Release detection;
      3. (IV) Corrosion protection;

   2. (V) Emergency response including release and suspected release reporting;

      1. (VI) Product and equipment compatibility;
      2. (VII) Temporary and permanent closure;
      3. (VIII) Financial responsibility; and(IX) Related reporting, recordkeeping, testing and inspections.
      4. (ii) A Class B operator shall have knowledge of the implementation of the applicable statutory and regulatory requirements at each particular underground storage facility at which such Class B operator is designated. At a minimum, this shall include the purpose, methods and functions of the following at each underground storage facility for which a person is designated as a Class B operator:

   3. (I) The components of each UST system;

      1. (II) The material each UST system component is composed of;
      2. (III) Release detection;
      3. (IV) UST system spill protection;

   4. (V) Spill and overfill prevention;

      1. (VI) Corrosion protection;
      2. (VII) Emergency response including release and suspected release reporting;
      3. (VIII) Product and equipment compatibility;
      4. (IX) Reporting, recordkeeping, testing, and inspections;
   5. (X) Training requirements for Class C operators; and (XI) Operation and maintenance of each UST system.

   6. (2) Requirements For a Class C Operator. No person shall be considered a Class C operator or undertake the requirements of a Class C operator unless such person:

      1. (A) Has a valid certificate issued by a Class B operator who is designated as a Class B operator at the same underground storage facility where the Class C operator is designated. A Class C operator certificate shall be issued only upon the successful completion of the following training for each underground storage facility where the Class C operator has been designated:

6. (i) A thorough familiarization with alarm and emergency indicators including automatic tank gauge or enunciation panels, and the ability to take the action necessary in response to an alarm or emergency indicator;

   1. (ii) A thorough familiarization with the operator response guidelines cited in section 22a-449(d)-103(a) of the UST regulations; and(iii) Knowledge of the location of any records required by the UST regulations; and (B) Has the knowledge and ability to serve as the first line of response to an event indicating an emergency condition and has knowledge of the location of all records for each underground storage facility for which the Class C operator is designated. This shall include the ability to immediately shut off the flow of a regulated substance to a dispenser in response to any emergency or an UST system alarm caused by a release, and to immediately notify the owner or operator, the Class A or Class B operator, and any necessary emergency responders.
   2. (3) Persons Seeking Multiple Operator Classifications. Except for a person designated as a Class B Operator for an underground storage facility which shall automatically qualify such person as a Class C operator for such facility without any further training, any individual designated as an operator for more than one classification shall successfully complete the requirements of each such classification.

   3. (4) Certificates.

      1. (A) Certificates for Class A and Class B operators. The certificate required for a Class A or Class B operator shall be:

7. (i) Effective only if issued by a program approved by the commissioner pursuant to subsection (f) of this section;

   1. (ii) Issued when the person named on such certificate has passed the examination for the class of operator noted on the certificate;
   2. (iii) Effective for not more than 2 years from the date of issuance; and (iv) Nontransferable.
   3. (B) Certificates for Class C operators. The certificate required for a Class C operator shall be:

8. (i) Effective only if issued by a Class B operator who is designated as a Class B operator at the same underground storage facility where the Class C operator has been designated;

   1. (ii) Issued when the person named on such certificate has successfully completed the training as specified in subdivision (2)(A) of this subsection;
   2. (iii) Effective for not more than 2 years from the date of issuance; and (iv) Nontransferable.
   3. (C) Submission of certificate to the commissioner. Any certificate for a Class A, B, or C operator shall be provided to the commissioner upon request within the time frame specified in any such request. If no time frame is specified in the request, the requested certificate shall be submitted to the commissioner not later than 30 days after receipt of a request.

   4. (5) Maintaining Certification As a Class A, B, or C Operator. A Class A, B, or C operator certification shall expire 2 years from the date the most recent certificate was issued to such operator.

      1. (A) A person may maintain active status as a Class A or B operator only if such person:

9. (i) Obtains a new certificate prior to the expiration of the most recent certificate by passing an examination for a Class A or Class B operator provided such certificate is issued by a program approved by the commissioner pursuant to subsection (f) of this section; and(ii) Maintains a working familiarity, including any changes to the underground storage facility, with the information specified in subdivision (1)(B) of this subsection.

   1. (B) A person may maintain active status as a Class C operator only if such person:

10. (i) Obtains a new certificate prior to the expiration of the most recent certificate by completing the training for a Class C Operator required by subdivision (2) of this subsection, provided such certificate is issued by a Class B operator who is designated as a Class B operator at the same underground storage facility where the Class C operator has been designated; and(ii) Maintains a working familiarity, including any changes to the underground storage facility, with the information specified in subdivision (2)(B) of this subsection.

    1. (6) Additional Required Retraining.

       1. (A) If the commissioner determines that an UST or an UST system is not in compliance with a requirement of the UST regulations and provides notice to the owner or operator of such non-compliance, the owner or operator of an UST system shall:

11. (i) Provide notice of such non-compliance to the Class A and Class B operator designated for the underground storage facility. Failure to provide such notice shall result in such Class A and Class B operators no longer being designated as the operators for the underground storage facility; and(ii) Ensure that both the Class A and Class B operator designated for the underground storage facility at which the non-compliant UST or UST system is located are replaced or are retrained and obtain a new certificate demonstrating each such operator has passed an examination for a Class A or Class B operator, as applicable, provided such certificate is issued by a program approved by the commissioner pursuant to subsection (f) of this section. Any such retraining and recertification shall include the area of non-compliance and such replacement or retraining and recertification shall occur not later than 30 days after the owner or operator receives notification by the commissioner of such non-compliance;

    1. (B) Retraining and recertification or replacement of a Class A or Class B operator pursuant to this subdivision shall not excuse non-compliance nor create a presumption that enforcement for non- compliance will not or should not be taken.
    2. (7) Revocation or Suspension of Certification. The commissioner may suspend or revoke an operator certification pursuant to section 22a-3a-5 of the Regulations of Connecticut State Agencies. The commissioner shall notify the owner or operator, as applicable, of such suspension or revocation.

    3. (8) Class A, B and C Operator Responsibilities.

       1. (A) In addition to any other requirement specified in this section, the owner or operator of an UST system shall ensure that the designated Class A, B and C operator, at a minimum, perform the following:

12. (i) A Class A operator shall:

    1. (I) Manage resources and personnel, including Class B operators and Class C operators, to achieve and maintain compliance with applicable requirements;

       1. (II) Provide current financial responsibility documents to be maintained at the underground storage facility; and(III) Update all UST notifications as required by section 22a-449(d)-114 of the UST regulations or ensure that such updates are performed.
       2. (ii) A Class B operator shall:

    2. (I) Monitor and maintain all release detection methods for proper operation;

       1. (II) Maintain proper operation of all release prevention equipment;
       2. (III) Monitor and maintain all spill and overfill equipment for proper operation;
       3. (IV) Maintain any record as required by section 22a-449(d)-114 of the UST regulations;

    3. (V) Comply with all reporting requirements as required by the UST regulations;

       1. (VI) Maintain UST system equipment in proper operation, including all testing required by the UST regulations; and(VII) Train and issue certificates to Class C operators.
       2. (iii) A Class C operator shall:
    4. (I) Implement the operator response guidelines in the event of an alarm, spill, or release; and (II) Provide access to any UST and UST system record for inspection by the commissioner or notify the commissioner of the location of records kept at a centralized location.
    5. (B) The designation of responsibilities under this subsection or the delegation of responsibilities specified in this subsection to designated Class A, B, and C operators shall not waive or relieve the owner and operator of an UST system from liability for non-compliance with any requirement of the UST regulations.
13. (e) Recordkeeping for operator training.The owner or operator of an UST system or underground storage facility shall maintain all applicable records demonstrating compliance with the requirements of this section.

14. (f) Operator training programs.

    1. (1) Approval or Disapproval.

       1. (A) Upon request by any person, the commissioner may approve a proposed program to be used for training and retraining of Class A and Class B operators. Any program approved by the commissioner shall include an examination for each class of operator. Any program approval issued pursuant to this subsection shall expire on the date specified in the approval and may include any conditions deemed necessary by the commissioner. Any request for approval of a program under this subparagraph shall be on a form prescribed by the commissioner. The commissioner shall not approve any program unless the commissioner determines that the proposed program provides adequate instruction appropriate to the class of operator; the examination tests the level of knowledge necessary for the class of operator being tested; the proposed program ensures the integrity of the examination administration and grading process by including a demonstration that the person taking an examination and the person who is issued a certificate are the same person; if an instructor is used, that such instructor possesses adequate experience and qualifications; and provides any other information specified by the commissioner.
       2. (B) A program approved by the commissioner for Class A or B operators under subparagraph (A) of this subdivision shall be posted on the department’s internet website.
       3. (C) Not later than August 5, 2025, any person with a program previously approved by the commissioner shall submit a new request for approval of such program in accordance with this subdivision.

    2. (2) Revocation of Approved Training Program.

       1. (A) If the commissioner determines that a training program, including an examination, previously approved by the commissioner under subdivision (1)(A) of this subsection is no longer adequate or is otherwise deficient, the commissioner may revoke the approval of such program. The commissioner shall provide written notice of any such revocation including the basis for such revocation. A training program approval may be revoked due to inadequate or incorrect course content, inadequately trained operators, an inadequate examination, a failure to document completion of required training, or issues with the integrity of the program, examination or grading.
       2. (B) A training program may be re-approved if it is demonstrated to the satisfaction of the commissioner that all program defects have been corrected and if a revised curriculum and instructor’s qualification is submitted to the commissioner and approved pursuant to subdivision (1)(A) of this subsection.
       3. (C) If the approval of a program is revoked by the commissioner pursuant to subparagraph (A) of this subdivision, the certificate issued to any Class A or B operator under such program shall remain valid until the expiration of such certificate or issuance of a written notification by the commissioner to seek re-training pursuant to subsection (d)(6) of this section, whichever occurs first.

(Effective May 31, 2012; Amended May 7, 2025)