Section 096-693-5 - Designation of operatorsA. For a facility that is manned during all times that the facility is operational, the owner shall designate a Class A, Class B and Class C operator. A certified Class A, B or C operator shall be present during all times that the facility is operational except for unmanned facilities as provided below. In addition, a certified Class A or B operator must inspect the facility at least weekly.B. For a facility that is unmanned during times that the facility is operational, the owner shall designate a Class A, Class B and Class C operator. The certified Class A or Class B operator must inspect the facility at least weekly, unless an alternative schedule and/or inspection and verification process has been approved by the Department. In addition, the owner shall install signage which meets the requirements of the Department of Public Safety Rules and Regulations for Flammable and Combustible Liquids, 16-219 C.M.R. ch. 34, § 2 (effective March 17, 2009). This signage shall also direct users of the facility to contact the Class A, Class B or Class C operator in the event of an oil spill or other emergency at the facility and provide that contact information. Whenever the unmanned facility is operational, a Class A, B or C operator shall be available to respond to any emergency calls. Underground tanks for emergency generators are considered unmanned.C. For a facility that is both manned and unmanned during the time that the facility is operational, the owner shall designate a certified Class A, Class B and Class C operator. A certified Class A, B or C operator must be present during all times that the facility is manned. The certified Class A or Class B operator must inspect the facility at least weekly In addition, the owner shall install signage that meets the requirements of 16-219 C.M.R. ch. 34, § 2. This signage shall also direct users of the facility to contact the Class A, Class B or Class C operator in the event of an oil spill or other emergency at the facility and provide that contact information. Whenever the facility is operational, whether manned or unmanned, a Class A, B or C operator must be available to respond to any emergency calls. A person may be designated to fulfill the responsibilities of more than one operator class and may be designated as an operator of more than one facility.
All facilities must maintain records of the weekly inspections at the facility or the owner's place of business for three years.
06- 096 C.M.R. ch. 693, § 5