NAC459.99395. Underground storage tanks: Designation of Class A operators, Class B operators and Class C operators.

     1. The owner or operator of an underground storage tank shall, for each underground storage tank he or she owns or operates, designate one or more persons as a:

     (a) Class A operator, who is primarily responsible for the general operation and maintenance of the underground storage tank for which he or she is designated.

     (b) Class B operator, who is responsible for the daily, on-site operation and maintenance of the underground storage tank for which he or she is designated.

     (c) Class C operator, who is responsible for the initial response to an event or alarm which indicates the existence of a spill, release or other emergency at the site of the underground storage tank for which he or she is designated.

     2. The owner or operator of an underground storage tank shall:

     (a) For each person designated as a Class A operator, ensure that the Class A operator, with respect to each underground storage tank for which the Class A operator has been designated:

          (1) Properly manages resources and personnel;

          (2) Establishes work assignments; and

          (3) Takes any other actions which are necessary to ensure compliance with applicable federal and state laws and regulations.

     (b) For each person designated as a Class B operator, ensure that the Class B operator, with respect to each underground storage tank for which the Class B operator has been designated:

          (1) Supervises and monitors the day-to-day operation and maintenance of the underground storage tank;

          (2) Maintains records; and

          (3) Implements applicable federal and state regulatory requirements and standards in the field.

     3. An owner or operator may, for the purposes of complying with subsection 1, designate himself or herself as a Class A operator, Class B operator or Class C operator.

     4. An owner or operator may, for the purposes of complying with subsection 1, designate a person as more than one class of operator if the person meets the training requirements prescribed in NAC 459.99396 or 459.99397 for each class of operator for which the person has been designated.

     5. The owner or operator of an underground storage tank shall maintain a record for each person who is designated by the owner or operator as a Class A operator, Class B operator or Class C operator. The record for each designee must include the name of the designee, the date of designation and the class of designation. Records maintained pursuant to this subsection must be made available to the Division upon request.

     (Added to NAC by Environmental Comm’n by R052-11, 5-30-2012, eff. 8-8-2012)