Section 096-693-11 - Training provided by othersA person may apply to the Department for authority to train Class A and Class B facility operators using a program developed by a third party. The application must be in writing and must include sufficient information for the Department to determine if the criteria of Section 11(A) are met.
A. The Department may authorize the use of third party training programs in lieu of the Tank Smart program for Class A and B operators using a letter of approval if the Department determines the third party program: (1) Provides training equivalent to the program for Class A and B operators developed by the Department pursuant to Section 7, and,(2) Uses a Department approved written exam with a passing score of at least 80% to test operator knowledge and verify satisfactory completion of the training.(3) Provides a Certificate of Training to the Department and the operator that meets the requirements of Section 9(B) and (C) above for each individual that passes the test; and(4) Complies with applicable state and federal statutes, rules and regulations.B.Completeness of application. Within 15 days after receipt of an application under this section, the Department shall determine whether the application contains sufficient information and is complete for processing. If the application is determined to be incomplete, Department staff shall notify the applicant in writing and specify the information that needs to be supplied. In reviewing applications determined to be complete, the Department may require additional information from the applicant as necessary to determine if the third party training program meets the approval criteria of Section 11(A).C.Decision; appeal. Within 90 days after receiving the application and all additional information requested pursuant to Section 11(B), the Department shall: (1) Grant the application, with or without conditions, and set forth written findings explaining the basis for the Department's determination that the training program meets the criteria of Section 11(A); or(2) Deny the application and set forth written findings that explain the basis for denial. If, in reviewing an application determined to be complete, the Department requires additional information from the applicant and the applicant fails to respond within 60 days after the request is mailed by the Department, such inaction constitutes grounds on which the Department may deny the application.
The Department shall mail a copy of the final decision to the applicant by certified mail, return receipt requested, and shall include with the decision a plain statement of the manner in which the decision may be appealed to the Board of Environmental Protection as provided under Chapter 2 of the Department rules. See Rules Concerning the Processing of Applications and Other Administrative Matters, 06-096 C.M.R. ch. 2.
D.Expiration and renewal of third party training programs. Department approval of a third party training program under this section expires 2 years after the date of the letter of approval but may be renewed for additional 2-year terms upon re-application. In seeking renewal, the burden is on the applicant to demonstrate that the training program continues to meet the approval criteria under Section 11(A). NOTE: To avoid a lapse in authority to operate a third party training program, applications for renewal must be provided on a form supplied by the Department and must be submitted at least 60 days before the approval expiration date.
06- 096 C.M.R. ch. 693, § 11