Current through Register 1538, January 3, 2025
Section 80.23 - Requirements for Registration and Reporting(1) Owners shall sign and submit to the Department, in a format specified by the Department, a registration for UST systems and UST facilities within 30 days of receiving regulated substance into the UST system, except Owners of UST systems used solely for emergency spill or overflow containment shall submit a registration to the Department within 30 days of installation or for existing emergency spill or overflow tanks on or before October 1, 2022. The Owner shall retain a copy of the current registration in accordance with 310 CMR 80.36 until the UST system is removed or permanently closed in-place in accordance with 310 CMR 80.43(2) or (3). (a) The registration shall include, but not be limited to, the following categories of information: 1. Identity of and contact information for the Owner, Operator and Contact Person(s) including, but not limited to, name, title, address, telephone numbers and email address; 2. Description of the UST system(s) including, but not limited to, the location, date of installation, size, uses of the UST system(s) and type of facility;3. Description of UST components including, but not limited to, leak detection, corrosion prevention, spill bucket and overfill prevention;4. Description of the financial responsibility mechanism(s) including, but not limited to, the type, amount, expiration date and issuer; and5. Description of the UST records received from the previous Owner(s) and Operator(s).(b) The Owner shall submit with the registration for the installation of a new or replacement UST system, the following, in a format specified by the Department: 1. A copy of the certification from the UST system installer that:a. He or she was certified by the manufacturer of the UST system that was installed;b. The UST system was installed in accordance with the manufacture's specifications; andc. The installer complied with all items on the manufacturer's installation checklist(s).2. A copy of the as-built plans pursuant to 310 CMR 80.16(7).(c) Owners, or Operators if authorized by the Owner, shall update the registration if any information on the registration changes, and submit it to the Department within 30 days of the change.(2) Owners, or Operators if authorized by the Owner, shall submit to the Department, in a format specified by the Department, notifications of the following including, but not limited to:(a) A change in the product in accordance with 310 CMR 80.41: 1. Prior to the change, if the change is from a regulated substance to a non-regulated substance.2. Within 30 days of the change, if the change is from a regulated substance to another regulated substance, except as provided in 310 CMR 80.23(2)(a)3.3. At least 30 days prior to the change if the change is from a regulated substance to a regulated substance containing greater than 10% ethanol or greater than 20% biodiesel, in accordance with 310 CMR 80.30(3).(b) Any UST system taken temporarily out-of-service, in accordance with 310 CMR 80.42, within 30 days of the change in status.(c) Any temporarily out-of-service UST system brought back into service in accordance with 310 CMR 80.42, within 30 days after being brought back into service.(d) Any UST system removed, within 30 days of removal, in accordance with 310 CMR 80.43(2).(e) UST systems closed-in-place within 30 days of UST system being filled in accordance with 310 CMR 80.43(3)(c).(f) UST systems closed because a new tank is installed inside an existing tank, in accordance with 310 CMR 80.44.(3) The Owner or Operator shall submit to the Department, in a format specified by the Department, information including, but not limited to:(a) Third-party inspection reports in accordance with 310 CMR 80.49(2).(b) Assessment reports in accordance with 310 CMR 80.41(4)(b) and 80.43(3) and (4).(c) Source and cause of reportable releases in accordance with 310 CMR 80.40.(d) Compliance Certification in accordance with 310 CMR 80.34.(4) Upon the sale of a UST system or UST facility, the Owner shall transfer installer certifications, as-built plans of UST systems, cathodic protection systems plans and specifications, and manufacturer's specifications, if they were required to be kept by the Owner, to the new Owner.(5) A UST facility Owner, on or before the sale or transfer of a UST facility, shall provide the Department with the following information, in a format specified by the Department:(a) Facility identification number;(b) New Owner entity name and address; and(c) New Owner entity contact's name, phone number and email address.Adopted by Mass Register Issue S1277, eff. 1/2/2015.Amended by Mass Register Issue 1453, eff. 10/1/2021.