(a) Except for the conditions established in subdivision (b) and the effective date provisions of subdivision (f) of this subchapter, it is unlawful for any person to operate a dry cleaning facility subject to this Rule unless:
(1) the facility manager and/or owner has a current and valid Dry Cleaning Owner/Manager Certification; and
(2) the person operating the dry cleaning machine has a current and valid Dry Cleaning Operator Certification.
(b) In the event that an unforeseen/unpredictable situation prevents a dry cleaning facility from having a certified operator operating the dry cleaning equipment, the owner/manager will be allowed to continue operation of the dry cleaning machine with a non-certified operator for a period not to exceed three days per occurrence. Under no circumstances may an uncertified operator operate dry cleaning equipment at any facility for a total of more than ten days in any calendar year. If the use of an uncertified operator would cause nonperformance of required maintenance and leak detection, the facility must suspend dry cleaning operations until a certified operator is available. The purpose of this provision is to accommodate emergencies or unforeseen extenuating circumstances and must not be used to cover routine situations such as vacations or other scheduled absences.
(c) A Dry Cleaning Owner/Manager Certification may be issued by any organization that offers a training program (including refresher courses) approved by the New York State Department of Environmental Conservation in accordance with the requirements of § 232.14(c) of Title 6 of the Codes, Rules, and Regulations of the State of New York.
(d) A Dry Cleaning Operator Certification may be issued by any organization that offers a training and testing program (including refresher courses) approved by the New York State Department of Environmental Conservation in accordance with the requirements of § 232.14(d) of Title 6 of the Codes, Rules, and Regulations of the State of New York.
(e) Individuals that inspect dry cleaning facilities, either as a registered inspector or under the supervision of a registered inspector, must obtain a Dry Cleaner Owner/Manager Certification.
(f) Effective date for Dry Cleaning Owner/Manager and Dry Cleaning Operator Certification. After the date of the first qualifying training program approved by the New York State Department of Environmental Conservation, the requirements of this subdivision will take effect and the first training and certification will be mandatory according to the following schedule:
(1) upon start up for all operators of new dry cleaning facilities unless the facility Owner/Manager can demonstrate that compliance with this requirement poses an unreasonable burden because of the unavailability of scheduled training courses or testing facilities;
(2) three months for operators of all existing dry cleaning facilities that are in mixed-use locations and that contain transfer machines;
(3) six months for operators of all existing dry cleaning facilities in mixed-use locations that contain dry-to-dry vented machines but do not contain transfer machines;
(4) nine months for operators of all the rest of the existing dry cleaning facilities in mixed-use locations;
(5) twelve months for operators of all existing dry cleaning facilities in stand-alone locations that contain transfer machines;
(6) fifteen months for operators of existing dry cleaning facilities in stand-alone locations that contain dry-to-dry vented machines but do not contain transfer machines; and,
(7) eighteen months for operators of all the rest of existing dry cleaning facilities in stand-alone locations.
(g) A Dry Cleaning Operator Certification will be valid for a three year period and may be renewed upon completion of a refresher course.
(h) Persons or organizations authorized to offer operator training and certification courses may not require membership in an association or purchase of a product as a prerequisite to enrollment or successful completion of the course.
(i) An authorization to offer operator training and certification courses is valid for a maximum of five years. The authorization may be renewed by filing an application provided by the New York State Department of Environmental Conservation. Such ap- plication must be filed at least six months prior to the expiration of the current authorization.
(j) If the New York State Department of Environmental Conservation fails to approve and implement the training programs set forth in § 232.14 of Title 6 of the Codes, Rules, and Regulations of the State of New York in a timely manner then the Department may elect, in its sole discretion, to implement such training programs consistent with this subchapter and § 232.14 of Title 6 of the Codes, Rules, and Regulations of the State of New York.
(k) Dry cleaning owners and/or managers and all machine operators shall attend a 16-hour training course, successfully pass a DEC Certification test and hold current, valid DEC Owner/Manager and/or Operator Certificates. Every shop owner shall have at least one person with an Owner/Manager Certification and one person with an Operator Certification.