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DER-40 / Operator Training

Not later than October 11, 2016, every facility must ensure that it has designated Class A,Class B, and Class C Operators for the UST systems. Every facility must designate:
1. One Class A and one Class B Operator for each UST system or group of UST systems (thesame individual may be designated as both)
2. One or more Class C Operators for each UST system or group of UST systems
Every facility must ensure Class A, Class B, and Class C Operators meet the requirements. Anyindividual designated for more than one operator class must pass the required exam for eachoperator class in which the individual is designated. Each designated Class A and B Operators must pass an exam acceptable to the Department thatmeasures knowledge of the purpose, methods, and function of the requirements of this Part(DER-40).

DER-40

NY State Public Health Law section 225(5)(a)

Registration

All owners of cooling towers shall register such towers with the department within 30 days after the effective date (8/17/2015) of this Part. Thereafter, all owners of cooling towers shall register such towers with the department prior to initial operation, and whenever any owner of the cooling tower changes.


Culture sample collection and testing; cleaning and disinfection

Within 30 days of the effective date of this Part, unless such culture testing has been obtained within 30 days prior to the effective date of this Part, and shall take immediate actions in response to such testing, including interpreting Legionella culture results, if any. All owners shall ensure that all cooling towers are cleaned and disinfected when shut down for more than five days.


Inspection and Certification

(a) Inspection. All owners of cooling towers shall inspect such towers within 30 days of the effective date of this Part, unless such tower has been inspected within 30 days prior to the effective date of this Part. Thereafter, owners shall ensure that all cooling towers are inspected at intervals not exceeding every 90 days while in use.

(b) Certification. Each year, the owner of a cooling tower shall obtain a certification stating that such cooling tower was inspected, tested, cleaned, and disinfected in compliance with this Part, that the condition of the cooling tower is appropriate for its intended use, and that a maintenance program and plan has been developed and implemented as required by this Part. Such certification shall be obtained by November 1, 2016, and by November 1 of each year thereafter. Such certification shall be reported to the department.

NYC Department of Buildings Commissioner Order
We can help you register the cooling towers, fluid coolers and evaporative condensers and stay in compliance.


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