Current through Register 1538, January 3, 2025
Section 80.36 - Requirements for Recordkeeping(1) For a minimum of four years, the Owner or Operator shall maintain records in hard copy or electronically, and shall make them available to the Department as soon as possible following a request, but in no event more than seven business days after the request. The records shall include, but are not limited to: (a) Results of all turbine, intermediate and dispenser sump integrity tests in accordance with 310 CMR 80.20(5), 80.28(7) and 80.27(9).(b) Results of all spill bucket integrity tests in accordance with 310 CMR 80.21(1)(c) and 80.28(2).(c) Results of all cathodic protection inspections and tests in accordance with 310 CMR 80.22(5) and 80.29(2), (4) and (6).(d) Records to demonstrate the Owner or Operator responded to alarms in accordance with 310 CMR 80.24(3).(e) Results of all leak detection inspections in accordance with 310 CMR 80.26(2), as applicable and tests in accordance with 310 CMR 80.26(12).(f) Leak detection monitoring records and investigations as required by 310 CMR 80.26(3)(e), (4)(c), (5)(f), (6)(f), (7)(d), (8)(d), (9) and (10), and 310 CMR 80.19(3)(d).(g) Results of inspections and testing of overfill prevention equipment in accordance with 310 CMR 80.28(3).(h) Records for all inventory monitoring for abnormal regulated substance loss and abnormal water gain in accordance with 310 CMR 80.31(4), if applicable.(i) Documentation of the date the need for the repair or replacement was discovered in accordance with 310 CMR 80.33(4)(b).(j) Records to demonstrate compliance with change-in-product requirements at 310 CMR 80.41(6).(k) Periodic inspection reports or logs in accordance with 310 CMR 80.35(6) and (7).(2) The Owner or Operator shall maintain, in hard copy or electronically, the list of the current Class A, Class B an Class C operators of each UST system in accordance with 310 CMR 80.37(11) and records that demonstrate each designated Class A, Class B and Class C operator is certified in accordance with 310 CMR 80.37(7) through (9). The Owner or Operator shall make records available to the Department as soon as possible following a request, but in no event more than seven business days after the request.(3) Until the UST system is removed or permanently closed in-place in accordance with 310 CMR 80.43(2) or (3), the Owner or Operator shall maintain the most current copy of the following records in hard copy or electronically, and shall make them available to the Department as soon as possible following a request, but in no event more than seven business days after the request.(a) A copy of the registration in accordance with 310 CMR 80.23(1).(b) A copy of the third-party inspection report pursuant to 310 CMR 80.49(2)(b)(c) Records that the Owner and Operator complied with temporary closure requirements in accordance with 310 CMR 80.42, if applicable.(d) Emergency procedures in accordance with 310 CMR 80.25.(e) Compatibility records in accordance with 310 CMR 80.30.(4) For the life of a cathodic protection system, the Owner or Operator shall maintain an as built, scaled plan of the cathodic protection system and manufacturer's specifications in accordance with 310 CMR 80.22(4)(c), in hard copy or electronically, and shall make them available to the Department as soon as possible following a request, but in no event more than seven business days after the request.(5) Until the UST system is removed or permanently closed in-place in accordance with 310 CMR 80.43(2) or (3), the Owner or Operator shall maintain the following records in hard copy or electronically, and shall make them available to the Department as soon as possible following a request, but in no event more than seven business days after the request:(a) Records of each equipment repair or replacement in accordance with 310 CMR 80.33.(b) A copy of installation information including, but not limited to, the installer's certification and completed checklist(s), and manufacturers' specifications; testing results; inspections; and a copy of the as-built plans of the UST facility in accordance with 310 CMR 80.16.(6) An Owner or Operator shall maintain the most current financial assurance mechanism(s) used to demonstrate financial responsibility in accordance with 310 CMR 80.59 for a UST system until released from the requirements in accordance with 310 CMR 80.61. The Owner or Operator shall keep the documentation in hard copy or electronically. Upon request from the Department, the Owner or Operator shall make the documentation available to the Department as soon as possible, but in no event more than seven business days after receiving the request.(7) An Owner or Operator shall maintain documentation that a UST system holds a de minimis concentration of regulated substance, until the Owner and Operator no longer claim the exemption, in accordance with 310 CMR 80.04(5)(c). The Owner or Operator shall keep the documentation in hard copy or electronically. Upon request from the Department, the Owner or Operator shall make the documentation available to the Department as soon as possible, but in no event more than seven business days after receiving the request.(8) The current Owner or Operator shall: (a) Maintain documentation that demonstrates compliance with closure requirements in accordance with 310 CMR 80.43 for at least four years after removal of an UST system or closure in-place of an UST system; or(b) Submit the documentation to the Department within 30 days of the UST system removal or closure-in-place.(9) The Owner or Operator shall maintain documentation that a sump is double-walled and monitored in accordance with 310 CMR 80.27(6) as applicable, until the Owner and Operator no longer claims the exemption from testing, in accordance with 310 CMR 80.27(8)(c)2. The Owner or Operator shall keep the documentation in hard copy or electronically. Upon request from the Department, the Owner or Operator shall make the documentation available to the Department as soon as possible, but in no event more than seven business days after receiving the request.(10) The Owner or Operator shall maintain documentation that a spill bucket is double-walled and is monitored in accordance with 310 CMR 80.28(2)(e), until the Owner and Operator no longer claim the exemption from testing, in accordance with 310 CMR 80.28(2)(f)3. The Owner or Operator shall keep the documentation in hard copy or electronically. Upon request from the Department, the Owner or Operator shall make the documentation available to the Department as soon as possible, but in no event more than seven business days after receiving the request.(11) The Owner or Operator shall maintain tightness test results and reports, conducted in accordance with 310 CMR 80.32 until the next tightness test is conducted. The Owner or Operator shall keep the documentation in hard copy or electronically. Upon request from the Department, the Owner or Operator shall make the documentation available to the Department as soon as possible, but in no event more than seven business days after receiving the request.Adopted by Mass Register Issue S1277, eff. 1/2/2015.Amended by Mass Register Issue 1453, eff. 10/1/2021.