N.M. Admin. Code § 20.5.104.406

Current through Register Vol. 35, No. 23, December 10, 2024

Section 20.5.104.406 - RE-TRAINING AND RE-CERTIFICATION

A. Class A and B operators shall be re-certified every five years, in the same manner as original training and certification required in this part. It is the responsibility of owners, operators and certified operators to track certification dates and expiration, and to ensure that a certified operator as required by this part is designated and on-site for every storage tank system by the deadlines in this part and as required in this part. Owners and operators shall provide the department with the certificate number and expiration date of their designated class A and B operators upon their certification.

B. In addition to the requirements of Subsection A, if the department finds that a storage tank system is out of compliance, the class A and class B operator shall be re-trained within 60 days unless they meet the requirements in Subsection C of this section. The class A and B operator may select training specific only to the area of non-compliance (if available) or attend a training program that includes all training elements required by this part. Owners and operators shall provide the department with verification of department approved re-training. At a minimum, a storage tank system is out of compliance for purposes of this section if the system is in violation of:

(1) release detection requirements in 20.5 NMAC; or

(2) release prevention requirements (spill, overfill, or corrosion prevention) requirements in 20.5 NMAC.

C. An owner may elect to certify class A and B operators annually for a storage tank system. Class A and B operators that are certified annually need not re-train as required in Subsection B of this section if the department finds the storage tank system is out of compliance. Owners and operators shall provide the department with the certificate number and expiration date of their designated class A and B operators upon their certification.

D. No re-training or re-certification is required for class C operators. Class C operators must be trained and certified each time they are designated for a particular storage tank system.

E. Owners and operators of storage tank systems that have been placed in temporary closure in compliance with 20.5.115.1501 NMAC and have a designated trained class A or class B operator are exempt from re-training requirements unless one or both of the following conditions is present:

(1) the storage tank contains greater than one inch of regulated substance; or

(2) the storage tank system has steel components that are in contact with soil, water or concrete.

N.M. Admin. Code § 20.5.104.406

Adopted by New Mexico Register, Volume XXIX, Issue 14, July 24, 2018, eff. 7/24/2018