310 CMR, § 80.42

Current through Register 1538, January 3, 2025
Section 80.42 - Requirements for Taking a UST System Temporarily Out-of-service
(1) Owners and Operators shall comply with all requirements in 310 CMR 80.42.
(2) Within 30 days after a UST system is taken temporarily out-of-service, the Owner shall notify the Department in a format specified by the Department in accordance with 310 CMR 80.23(2)(b).
(3) The Owner or Operator shall not take a UST system temporarily out-of-service for more than five years.
(a) If a temporarily out-of-service UST system is not put back into service at the end of five years, the Owner or Operator shall remove or permanently close in-place the UST system in accordance with 310 CMR 80.43, unless 310 CMR 80.45 applies.
(b) A single-walled steel tank that is temporarily out-of-service on August 7, 2017, shall comply with the requirements at 310 CMR 80.15.
(4) When a UST system is taken temporarily out-of-service, the Owner or Operator shall comply only with the following requirements of 310 CMR 80.00 during the entire time period the UST system is temporarily out-of-service:
(a) Remove all solid and liquid material from the UST system and have the UST system rendered inert in accordance with 310 CMR 80.47;

The Owner or Operator shall manage the solid and liquid material removed from the UST system in accordance with all applicable federal, state and local laws and regulations;

(b) Cap, lock and secure all fill lines and fill pipes against tampering;
(c) Keep the vent lines open and operable for the entire period that the UST system is temporarily out-of-service;
(d) Continue operation and maintenance of corrosion protection in accordance with 310 CMR 80.29, if applicable;
(e) Continue to comply with the third-party inspection requirements in accordance with 310 CMR 80.49;
(f) Comply with the Compliance Certification requirements for temporarily out-of-service UST systems in accordance with 310 CMR 80.34(3); and
(g) Maintain financial responsibility in accordance with 310 CMR 80.51 through 80.63.
(5) Prior to commencing operation, the Owner or Operator shall have the tank and piping tightness tested and shall ensure that the UST system components are calibrated and operating in accordance with the manufacturer's specifications.
(6) Within 30 days after returning the UST system to service, the Owner or Operator shall notify the Department in a format specified by the Department in accordance with 310 CMR 80.23(2)(c).
(7) Owners or Operators shall demonstrate compliance with the requirements of temporarily out-of-service by maintaining records/documentation in accordance with 310 CMR 80.36.

310 CMR, § 80.42

Adopted by Mass Register Issue S1277, eff. 1/2/2015.
Amended by Mass Register Issue 1453, eff. 10/1/2021.