Section 2.07 - Applying for a Certificate of Compliance/Compliance with Laws and RegulationsNOTE: Possession of a Certificate of Compliance does not eliminate the Owner or Operator's obligation to continue to comply with the day-to-day requirements of the law applicable to the operation and maintenance of the Underground Storage Tank or Underground Storage Tank System including, without limitation, 527 CMR 1.00: Massachusetts Comprehensive Fire Safety Code and 310 CMR 80.00: Underground Storage Tank (UST) Systems, or any other applicable requirement of law.
(1) A Claimant must demonstrate that the Owner or Operator of the UST System from which the Release occurred was in Full Compliance at the time of the occurrence, or for Dispensing Facilities that had an Occurrence before July 1, 1994, at the time an Application for Certificate of Compliance was filed if filed on or before April 1, 1995, or as otherwise described in 503 CMR 2.07.(2) Full Compliance shall be demonstrated in the following ways:(a) For a UST System operating at a Dispensing Facility, the Owner or Operator shall submit to the Board an Application for a Certificate of Compliance, including All Necessary Information as set forth in 503 CMR 2.07(2)(b) and (c).(b) In addition to the requirements of 503 CMR 2.07(2)(a), a Board Acceptable Site Assessment (BASA) shall be performed, unless not required by the Board. The Applicant shall submit:1. The original BASA together with an Application for Certificate of Compliance to the Board for approval.2. The Board shall approve or deny a BASA as part of the Certificate of Compliance Application or seek further information consistent with the provisions of 503 CMR 2.00 as the Board deems necessary.(c) An Applicant for a Certificate of Compliance shall submit to the Board:1. An Application for Certificate of Compliance in a format specified by the Board.2. The Board shall: a. approve the application and issue the Applicant a Certificate of Compliance if the application complies with these provisions;b. disapprove the application if the application fails to comply with these provisions; or c. seek further information consistent with the provisions of 503 CMR 2.00 as the Board deems necessary.3. The Board shall approve or disapprove an Application for Certificate of Compliance upon receipt of All Necessary Information.(d) An Applicant for Renewal of a Certificate of Compliance shall submit to the Board: 1. Application for Renewal of a Certificate of Compliance in a format specified by the Board including All Necessary Information;2. The Board shall: a. approve the application and renew the Applicant's Certificate of Compliance if the application complies with 503 CMR 2.00;b. disapprove the application if the application fails to comply with 503 CMR 2.00; or c. seek further information consistent with the provisions of 503 CMR 2.00 as the Board deems necessary.3. The Board shall approve or disapprove an Application for Renewal of Certificate of Compliance upon receipt of All Necessary Information.4. If the Board does not approve the Application for Renewal of a Certificate of Compliance, and the Applicant fails to correct the reasons for disapproval, the Board shall Revoke the Certificate of Compliance pursuant to 503 CMR 2.07(5).(e) For a Former Dispensing Facility, Full Compliance shall be demonstrated by complying with the terms of 503 CMR 2.25.(f) An Applicant may submit an Application for a Certificate of Compliance without a BASA between February 1, 1998, and June 2, 1998, subject to the provisions of 503 CMR 2.07(2)(a) for a Facility that:1. was a Dispensing Facility on April 1, 1995;2. as of April 1, 1995, had not been the subject of an Application for a Certificate of Compliance (or had applied for a Certificate of Compliance and been rejected); and3. has remained in continuous operation and not ceased dispensing Petroleum Product for more than six consecutive months after April 1, 1995.(g) An Applicant may submit an Application for a Certificate of Compliance at any time together with a BASA (as required by 503 CMR 2.07(2)(b)). The application shall be subject to the provisions of 503 CMR 2.07(2)(c) and 2.17(1).(3)Validity of Certificates of Compliance.(a) All Certificates of Compliance shall expire 30 days after the term established by the Board.(b) If all USTs and appurtenances have been Closed and not replaced after July 1, 1994, and an Application for Eligibility has been approved for the Dispensing Facility, a Certificate of Compliance shall be valid without expiration until the Eligible Release has been remediated with a permanent solution in compliance with 310 CMR 40.0000: Massachusetts Contingency Plan and all Eligible Claims arising therefrom have been reimbursed from the Fund. The Claimant shall submit the form required for registration of a UST System and other UST documentation requirements of MassDEP to evidence Closure of the UST System. If an Application for Eligibility is not filed within 365 days of the date of Closure without replacement of all the UST systems at a Facility, the Certificate of Compliance shall terminate immediately. If a new UST System(s) is installed after 365 days from closure, removal, or abandonment, the Owner may apply for a new Certificate of Compliance in accordance with 503 CMR 2.07(2).(4)Certificate of Compliance Enforcement.(a) If, at any time after the approval of an Application for Certificate of Compliance the Board obtains information or discovers that the UST System is not or was not in Full Compliance, the Board shall notify the Owner. The Board may revoke the Certificate of Compliance until the UST System is restored to Full Compliance and may, at its discretion, postpone approval and payment or deny approval and payment for any Claims relating to a Response Action at the applicable Site listed on the Certificate of Compliance until the UST System is restored to Full Compliance. The Board shall note the date of the non-compliance. Within seven days of notification that the noncompliance has been corrected, the Board shall reinstate the Certificate of Compliance and may authorize approval or payment of any Claims or shall notify the Owner that the UST System is not in compliance.(b) If the Certificate of Compliance is revoked, terminated, or expires, the Facility is not in Full Compliance and, at the discretion of the Board, any Claims arising from the Facility may or may not be reimbursed for those costs, expenses and obligations that are incurred, become due or were paid within the time period after revocation, termination or expiration.(c) A Certificate of Compliance shall not expire on the expiration date if a Renewal of Certificate of Compliance for Dispensing Facilities is pending in the office of the Underground Storage Tank Program.(5)Revocation of a Certificate of Compliance: Failure to Renew. (a) A Certificate of Compliance shall be revoked for failure to renew. Before revoking the Certificate of Compliance, the Board shall notify the Owner of the pending revocation, by issuing a first notice, and 30 days later, a second notice. Each of these two notices will be sent to the owner's email address registered with MassDEP for the Registration of UST or an alternate email address provided by the Owner to DOR. The first notice will be sent 60 days prior to the stated date of revocation. The second notice will be sent 30 days prior to the stated date of revocation. Failure to submit a renewal application within 60 days of the date of issuance of the first notice shall result in revocation of the Certificate of Compliance. (b) If a Certificate of Compliance has been revoked for Failure to Renew, the Owner or Operator may re-apply for a Certificate of Compliance according to 503 CMR 2.07(2).(6)Revocation of a Certificate of Compliance: Other Circumstances. (a) In addition to the Revocation of a Certificate of Compliance for failure to renew, as set forth in 503 CMR 2.07(5), a Certificate of Compliance may also be revoked by the Board for the following reasons: 1. Failure to pay Annual Tank Fees and late penalties;2. Failure to pay Delivery Fees and late penalties;3. Failure to be in Full Compliance; or4. The facility is no longer a Dispensing Facility.(b) The Board shall notify the Owner to the owner's email address registered with MassDEP for the Registration of UST or an alternate email address provided by the Owner to DOR of the reason(s) for and the effective date of the revocation. Before revoking the Certificate of Compliance, the Board shall notify the Owner of the pending revocation, by issuing a first notice, and 30 days later, a second notice. The Owner shall have 60 days from the date of the first notice to correct the reason(s) for revocation. Failure to correct the reason(s) for revocation within 60 days of issuance of the first notice shall result in a revocation of the Certificate of Compliance. The Board may deny approval and payment of any Claims relating to a Response Action at the Site listed on the Certificate of Compliance until the reason for revocation is corrected. At the discretion of the Board, any Claims arising from the Facility may or may not be reimbursed for those costs, expenses, and obligations that are incurred within the time period after revocation.(c) The Board shall reinstate the Certificate of Compliance and may authorize the approval or payment of additional Claims within seven days of notification to the Board that the reason for revocation is corrected; otherwise, the Board shall notify or will notify the Owner that the Certificate of Compliance remains revoked. Revocation of a Certificate of Compliance is a final action of the Board for the purposes of Reconsideration or Conference, as applicable.Amended by Mass Register Issue 1361, eff. 3/23/2018.Amended by Mass Register Issue 1538, eff. 1/3/2025.