reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › CHANGE-IN-PRODUCT, OUT-OF-SERVICE SYSTEMS AND CLOSURE › Section 80.42 - Requirements for Taking a UST System Temporarily Out-of-service

Current through Register 1525, July 5, 2024
(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.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › CHANGE-IN-PRODUCT, OUT-OF-SERVICE SYSTEMS AND CLOSURE › Section 80.43 - Requirements for Removal and Permanent Closure In-place

Current through Register 1525, July 5, 2024
(1) Owners and Operators shall comply with
				the requirements in 310 CMR 80.43.
(2)
Requirements for Removal of a
				UST System
.
(a) Prior to removal
				of a UST system, the Owner or Operator shall have all the solid and liquid
				material removed from the UST system, in accordance with
				310 CMR
				80.47, have the UST system rendered inert and
				shall secure all openings. The Owner or Operator shall manage and dispose of
				all solid and liquid material removed from the UST system in accordance with
				all applicable federal, state and local laws and regulations.
(b) The Owner or Operator shall conduct an
				assessment in accordance with 310 CMR 80.43(4) within 24 hours after the UST
				system is removed, but prior to backfill of the excavation area.
(c) The Owner shall notify the Department, in
				a format specified by the Department, that the UST system was removed, within
				90 days of removal in accordance with
				310 CMR
				80.23(2)(d). A copy of the
				assessment in 310 CMR 80.43(4) shall be submitted with said
				form.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › CHANGE-IN-PRODUCT, OUT-OF-SERVICE SYSTEMS AND CLOSURE › Section 80.44 - Requirements for a Tank within a Tank

Current through Register 1525, July 5, 2024
If a new tank is installed inside an existing tank, the Owner
				  shall:
(1) Prior to installing the new
				tank, the Owner or Operator shall have all the solid and liquid material
				removed from the existing UST system, in accordance with
				310 CMR
				80.47, have the existing UST system rendered
				inert and shall secure all openings. The Owner or Operator shall manage and
				dispose of all solid and liquid material removed from the UST system in
				accordance with all applicable federal, state and local laws and
				regulations.
(2) Conduct an
				assessment in accordance with
				310 CMR
				80.43(4)  before the new
				tank is installed. If the assessment finds contamination requiring notification
				pursuant to 310 CMR 40.0000:
Massachusetts Contingency Plan
,
				the installation of the new tank shall not commence until the Owner or Operator
				has complied with the notification requirements contained in
				310
				CMR 40.0300:
Notification of Releases
				and Threats of Release of Oil and Hazardous Materials; Identification and
				Listing of Oil and Hazardous Materials
, as applicable, and any
				required response actions under 310 CMR 40.0000.
(3) Notify the Department that a new tank is
				being installed inside an existing tank, in a format specified by the
				Department, within 30 days of the new tank being installed. A copy of the
				assessment in
				310 CMR
				80.43(4)  shall be submitted
				with said form.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › CHANGE-IN-PRODUCT, OUT-OF-SERVICE SYSTEMS AND CLOSURE › Section 80.45 - UST Systems Temporarily Out-of-service for over Five Years

Current through Register 1525, July 5, 2024
(1) A new Owner that acquires a UST system
				that has been temporarily out-of-service for more than five years may bring the
				UST system back into service within 90 days after the acquisition is final, if
				the UST system and UST components comply with the most current tank, piping,
				leak detection, sump, spill bucket, overfill protection and corrosion
				protection standards in
				310 CMR 80.00 and the Owner:
(a) Determines that the UST system and all
				UST components are operable;
(b)
				Passes a tightness test in accordance with
				310 CMR
				80.32;
(c) Has a third-party inspection performed in
				accordance with
				310 CMR
				80.49(7); and
(d) Performs any necessary repairs in
				accordance with
				310 CMR
				80.33.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › CHANGE-IN-PRODUCT, OUT-OF-SERVICE SYSTEMS AND CLOSURE › Section 80.46 - Requirements for Previously Closed-in-place UST Systems

Current through Register 1525, July 5, 2024
If, at the sole discretion of the Department, the Department
				  determines that a tank or UST system permanently closed-in-place before
				  December 22, 1988, may pose a current or potential threat to human health and
				  the environment, the Owner or Operator of such a tank or UST system shall upon
				  notice from the Department conduct a site assessment in accordance with
				  310 CMR
				  80.43(4).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › CHANGE-IN-PRODUCT, OUT-OF-SERVICE SYSTEMS AND CLOSURE › Section 80.47 - Standards for Cleaning and Closure

Current through Register 1525, July 5, 2024
(1) The
				Owner or Operator shall follow the applicable cleaning and closure procedures
				to comply with
				310 CMR
				80.41(4)(a),
				80.42(4)(a)
				 and
				80.43(2)(a)
				 and (3)(a)3.:
(a) American Petroleum Institute (API)
				Recommended Practice 1604, 3rd Edition, March 1996
Closure of Underground Petroleum Storage Tanks
, Sections 1, 3,
				and 4.1 through 4.5; and
(b) United
				States Environmental Protection Agency standards for RCRA hazardous debris
				found at
				40 CFR
				268.45.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › DELIVERY PROHIBITION › Section 80.48 - Delivery Prohibition

Current through Register 1525, July 5, 2024
(1) The Department
				shall issue a delivery prohibition order to an Owner or Operator of a UST
				system after written notice to the Owner or Operator if one or more of the
				following conditions exist:
(a) Failure to
				install spill prevention equipment in accordance with
				310
				CMR 80.21(1);
(b) Failure to install overfill protection
				equipment in accordance with
				310
				CMR 80.21(2);
(c) Failure to install leak detection
				equipment in accordance with
				310 CMR 80.19;
				or
(d) Failure to install corrosion
				protection equipment in accordance with
				310 CMR
				80.22.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › THIRD-PARTY INSPECTIONS › Section 80.49 - Third-party Inspections

Current through Register 1525, July 5, 2024
(1) The third-party
				inspection program operates on a three year cycle that began on August 8, 2007.
				Every Owner and Operator was required to have every UST system inspected by a
				third-party inspector by August 8, 2010, and have every UST system inspected by
				a third-party inspector every three years thereafter.
(2) The Owner and Operator shall have all UST
				systems at each UST facility inspected by a third-party inspector and submit
				the third-party inspection report to the Department on or before the UST
				facility compliance date established in 310 CMR 80.49(2)(a) through (g).
(a) The date the third-party inspection was
				performed between August 8, 2007 and August 8, 2010 establishes the UST
				facility compliance date for the triennial third-party inspection, except as
				determined in 310 CMR 80.49(2)(e) and (g).
(b) The Owner or Operator shall submit a
				truthful, accurate and complete third-party inspection report that contains all
				the information required in 310 CMR 80.49(7) on or before the UST facility
				compliance date.
(c) The Owner or
				Operator shall submit the third-party inspection report to the Department no
				later than 60 days after the commencement of the third-party inspection in
				accordance with 310 CMR 80.49(7)(c)1., 2., or 3.
(d) A late submittal shall not alter the UST
				facility compliance date for future third-party submittals, unless the
				Department changes the UST facility compliance date in accordance with 310 CMR
				80.49(2)(g).
(e) A submittal more
				than 30 days before the UST facility compliance date shall establish a new UST
				facility compliance date for future submittals, unless the Department changes
				the UST facility compliance date in accordance with 310 CMR
				80.49(2)(g).
(f) If an Owner
				registers a new UST facility after January 2, 2015, the Department will assign
				the UST facility a UST facility compliance date. If an Owner or Operator
				installs a new or replacement UST system or tank at an existing UST facility,
				such installation shall not alter the UST facility compliance date.
(g) The Department may change the UST
				facility compliance date for any UST facility provided the Department gives the
				Owner and Operator 90 days prior written notice. The Department's decision to
				change the UST facility compliance date shall not be subject to M.G.L. c. 30A,
				or any other law governing adjudicatory proceedings.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › ENFORCEMENT AND APPEALS › Section 80.50 - Enforcement and Appeals

Current through Register 1525, July 5, 2024
(1)
General
. Any failure to comply with M.G.L. c. 21O,
				310 CMR 80.00, or the terms
				and conditions of any order, permit, authorization, determination,
				certification, prohibition or approval issued under
				310 CMR 80.00 shall
				constitute a violation of M.G.L. c. 21O and
				310 CMR 80.00. Nothing in
				310 CMR 80.00, or in any
				order issued pursuant thereto, shall be construed to limit any right of the
				Department to take enforcement action pursuant to any other
				authority.
(2)
Action
				by the Department
. Whenever the Department has cause to believe
				that a violation has occurred, it may:
(a)
				Order the Owner and Operator of the UST system or facility, or any other person
				responsible for the violation, to cease immediately or at a specified date, all
				illegal activity and to comply with the provisions of M.G.L. c. 21O,
				310 CMR 80.00, or any permit,
				authorization, determination, registration, certification or approval issued
				thereunder. Any person who or which is the subject of said order has the right
				to request an adjudicatory hearing in accordance with the terms of 310 CMR
				80.50(5);
(b) Issue an order to the
				Owner and Operator of the UST system or facility, in accordance with
				310 CMR
				80.48. Any person who or which is the subject
				of said order has the right to request an adjudicatory hearing in accordance
				with the terms of 310 CMR 80.50(5);
(c) Issue a notice of noncompliance pursuant
				to M.G.L. c. 21A, § 16 and
				310 CMR
				5.00:
Administrative Penalty
, which
				is not subject to the right to request an adjudicatory hearing in accordance
				with the terms of
				310 CMR
				5.00:
Administrative
				Penalty
;
(d) Issue a
				penalty assessment notice pursuant to M.G.L. c. 21A, § 16 and
				310 CMR
				5.00:
Administrative Penalty
, which
				is subject to the right to request an adjudicatory hearing in accordance with
				the terms of
				310 CMR
				5.00:
Administrative Penalty
;
				or
(e) Take such other action
				provided by
				310 CMR 80.00 or other
				applicable statutory or regulatory authority as the Department deems
				appropriate.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › FINANCIAL RESPONSIBILITY › Section 80.52 - Requirements for Amount and Scope of Financial Responsibility

Current through Register 1525, July 5, 2024
(1) All Owners or Operators of UST systems
				shall maintain and demonstrate financial responsibility for taking corrective
				action and for compensating third parties for bodily injury and property damage
				caused by accidental releases from UST systems. Failure to maintain and/or
				demonstrate financial responsibility shall subject the Owner or Operator to
				enforcement including, but not limited to, delivery prohibition in accordance
				with
				310 CMR
				80.48.
(2) An Owner or Operator shall maintain and
				demonstrate financial responsibility in at least the following per-occurrence
				amounts:
(a) For Owners and Operators of UST
				systems that handle an average of more than 10,000 gallons of regulated
				substance per month based on annual throughput for the previous calendar year:
				$1 million.
(b) For all other
				Owners and Operators of UST systems: $500,000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › FINANCIAL RESPONSIBILITY › Section 80.53 - Allowable Mechanisms and Combinations of Mechanisms

Current through Register 1525, July 5, 2024
(1) An Owner or Operator, including a local
				government Owner or Operator, may use any one or combination of the mechanisms
				listed at
				310 CMR
				80.54(2) through (5) and (10) and
				(11) to demonstrate financial responsibility
				for one or more UST systems.
(2) In
				addition to the mechanisms listed at
				310 CMR
				80.54(2) through (5) and (10) and
				(11), an Owner or Operator that is not a
				local government Owner or Operator of a UST system that stores petroleum may
				use the mechanism listed at
				310 CMR
				80.54(1)  to demonstrate
				financial responsibility for one or more UST systems.
(3) In addition to the mechanisms listed at
				310 CMR
				80.54(2) through (5) and (10) and
				(11), a local government Owner or Operator
				may use any one or combination of the mechanisms listed at
				310 CMR
				80.54(6) through (9) to
				demonstrate financial responsibility for one or more UST systems.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › FINANCIAL RESPONSIBILITY › Section 80.56 - Substitution of Financial Assurance Mechanisms by Owner or Operator

Current through Register 1525, July 5, 2024
(1) An Owner or Operator may substitute any
				alternate financial assurance mechanisms as allowed in
				310 CMR
				80.53, provided that at all times the Owner
				or Operator maintains an effective financial assurance mechanism or combination
				of mechanisms that satisfies the requirements of
				310
				CMR 80.52.
(2) After obtaining alternate financial
				assurance as specified
				310 CMR
				80.53, an Owner or Operator may cancel a
				financial assurance mechanism using applicable procedures.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › FINANCIAL RESPONSIBILITY › Section 80.57 - Cancellation or Nonrenewal by a Provider of Financial Assurance

Current through Register 1525, July 5, 2024
(1) Except as otherwise provided, a provider
				of financial assurance may cancel or not renew a financial assurance mechanism
				by sending a notice of termination by certified mail to the Owner or Operator.
				Upon receiving a notice of termination, the Owner or Operator shall notify the
				Department in writing, as soon as possible, but in no event later than seven
				business days after receiving the notice.
(a)
				Termination of a local government guarantee, a guarantee, a surety bond, or a
				letter of credit may not occur until 120 days after the date on which the Owner
				or Operator and the Department receives the notice of termination, as evidenced
				by the return receipt. If the dates of receipt are different, the later date
				shall control.
(b) Termination of
				insurance or risk retention coverage, except for non-payment or
				misrepresentation by the insured, may not occur until 60 days after the date on
				which the Owner or Operator receives the notice of termination, as evidenced by
				the return receipt. Termination for non-payment of premium or misrepresentation
				by the insured may not occur until a minimum of ten days after the date on
				which the Owner or Operator receives the notice of termination, as evidenced by
				the return receipt.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › FINANCIAL RESPONSIBILITY › Section 80.58 - Requirements for Reporting by Owner or Operator

Current through Register 1525, July 5, 2024
(1) Within 150 days of the close of the
				financial reporting year of the Owner or Operator, if such Owner or Operator is
				using
				310 CMR
				80.54(10)(b)  to meet the
				requirements of
				310
				CMR 80.52, the Owner or Operator shall submit
				to the Department the following documents with an updated registration pursuant
				to
				310 CMR
				80.23(1)(b):
(a) Letter from the chief financial officer
				in accordance with
				310 CMR
				80.54(10)(d); and
(b) Year-end financial statements in
				accordance with
				310 CMR
				80.54(10)(b)5.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › FINANCIAL RESPONSIBILITY › Section 80.60 - Requirements for Drawing on Financial Assurance Mechanisms

Current through Register 1525, July 5, 2024
(1) Except as specified in 310 CMR 80.60(4),
				the Department shall direct the Trustee to require the guarantor, surety, or
				institution issuing a letter of credit to place the amount of funds stipulated
				by the Department, up to the limit of funds provided by the financial assurance
				mechanism, into the standby trust if:
(a) The
				Owner or Operator fails to establish alternate financial assurance in
				accordance with
				310
				CMR 80.57 within 60 days after receiving
				notice of termination of the guarantee, surety bond, letter of credit, or, as
				applicable, other financial assurance mechanism; and
(b) The Department determines or suspects in
				its discretion that a release from a UST system covered by the mechanism has
				occurred and so notifies the Owner or Operator or the Owner or Operator has
				notified the Department of a release from a UST system covered by the
				mechanism; or
(c) The commencement
				of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S.
				Code, naming an Owner or Operator as debtor; or
(d) The Owner or Operator has a legal
				existence and has failed to maintain said legal existence and no successor has
				assumed its legal obligations in accordance with
				310 CMR 80.00; or
(e) The conditions of 310 CMR 80.60(2)(a) or
				(2)(b)1. or 2. are satisfied.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › FINANCIAL RESPONSIBILITY › Section 80.61 - Release from Financial Responsibility Requirements

Current through Register 1525, July 5, 2024
(1) The Owner and Operator are subject to the
				financial responsibility requirements in accordance with
				310 CMR 80.51 through
				80.63,
				unless and until the Owner or Operator complies with closure requirements at
				310 CMR
				80.43, in full.
(2) Upon the date of sale of a UST system or
				facility, the Owner and Operator shall no longer be required to maintain and
				demonstrate financial responsibility for the UST system or facility that was
				sold.
(3) Release from the
				financial responsibility requirements shall not relieve the Owner and Operator
				from obligations under M.G.L. c. 21O, M.G.L. c. 21E,
				310 CMR 80.00, 310 CMR
				40.0000:
Massachusetts Contingency Plan
and any other
				applicable laws and regulations pertaining to UST systems.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › FINANCIAL RESPONSIBILITY › Section 80.62 - Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance

Current through Register 1525, July 5, 2024
(1) Within ten days
				after commencement of a voluntary or involuntary proceeding under Title 11
				(Bankruptcy), U.S. Code, naming an Owner or Operator as debtor, the Owner or
				Operator shall notify the Department by certified mail of such commencement and
				submit the appropriate forms listed in
				310 CMR 80.59(2)
				 documenting current financial
				responsibility.
(2) Within ten days
				after commencement of a voluntary or involuntary proceeding under Title 11
				(Bankruptcy), U.S. Code, naming a local government Owner or Operator as debtor,
				the local government Owner or Operator shall notify the Department by certified
				mail of such commencement and submit the appropriate documentation listed in
				310 CMR 80.59(2)
				 documenting current financial
				responsibility.
(3) Within ten days
				after commencement of a voluntary or involuntary proceeding under Title 11
				(Bankruptcy), U.S. Code, naming a guarantor providing a local government
				financial assurance as debtor, such guarantor shall notify the local government
				Owner or Operator by certified mail of such commencement as required under the
				terms of the guarantee specified in
				310 CMR
				80.54(9).
(4) Within ten days after commencement of a
				voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				naming a guarantor providing financial assurance as debtor, such guarantor
				shall notify the Owner or Operator by certified mail of such commencement as
				required under the terms of the guarantee specified in
				310 CMR
				80.54(11).
(5) An Owner or Operator shall be deemed to
				be without the required financial assurance in the event of a bankruptcy or
				incapacity of its provider of financial assurance, or a suspension or
				revocation of the authority of the provider of financial assurance to issue an
				insurance policy, risk retention group coverage policy, surety bond, letter of
				credit, or suspension or revocation of the Underground Storage Tank Petroleum
				Product Cleanup Fund. The Owner or Operator shall obtain alternate financial
				assurance as specified in
				310
				CMR 80.57 within 30 days after receiving
				notice of such an event. If the Owner or Operator does not obtain alternate
				coverage within 30 days after such notification, the Owner or Operator shall
				notify the Department.
(6) Within
				30 days after receipt of notification that the Underground Storage Tank
				Petroleum Product Cleanup Fund or other state assurance has become incapable of
				paying for assured corrective action or third-party compensation costs, the
				Owner or Operator shall obtain alternate financial assurance.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › FINANCIAL RESPONSIBILITY › Section 80.63 - Requirements for Replenishment of Guarantees, Local Government Guarantees, Letters of Credit, or Surety Bonds

Current through Register 1525, July 5, 2024
(1) If at any time
				after a standby trust is funded upon the instruction of the Department with
				funds drawn from a guarantee, local government guarantee with standby trust,
				letter of credit, or surety bond, and the amount in the standby trust is
				reduced below the full amount of coverage required, the Owner or Operator shall
				by the anniversary date of the financial mechanism from which the funds were
				drawn:
(a) Replenish the value of financial
				assurance to equal the full amount of coverage required, or
(b) Acquire another financial assurance
				mechanism for the amount by which funds in the standby trust have been
				reduced.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › FINANCIAL RESPONSIBILITY › Section 80.64 - Requirements for Airport Hydrant Fuel Distribution Systems

Current through Register 1525, July 5, 2024
(1) Owners and Operators of airport hydrant
				systems shall comply with the requirements of
				310 CMR 80.00 as follows:
(a) For airport hydrant systems installed on
				or before October 1, 2021 the requirements are effective according to the
				following schedule:
Requirements
Effective Dates
Spill bucket requirements, if applicable at
								310
								CMR 80.21 and
								80.28;
								overfill prevention equipment requirements at
								310
								CMR 80.21 and
								80.28;
								corrosion protection requirements at
								310 CMR
								80.22,
								80.29
								and 80.64(7); compatibility requirements at
								310 CMR
								80.30; walkthrough requirements at
								310 CMR
								80.35 and 80.64(8); and operator training at
								310 CMR
								80.37
No later than October 13, 2022
Recordkeeping requirements at
								310 CMR
								80.36 associated with regulatory requirements
								effective October 13, 2022
No later than October 13, 2022
Leak detection at
								310 CMR 80.19,
								80.26
								and 80.64(9)
No later than October 13, 2022
Registration and reporting requirements at
								310 CMR
								80.23 (except as provided in 310 CMR
								80.64(2); repair requirements at
								310 CMR
								80.33; Compliance Certification requirements
								at
								310 CMR
								80.34; release reporting, response, and
								investigation at
								310 CMR
								80.38 through
								80.40;
								closure requirements at
								310 CMR
								80.41 through
								80.47;
								financial responsibility at
								310 CMR 80.51 through
								80.63
								except as provided in 310 CMR 80.64(3))
October 1, 2021
Recordkeeping requirements at
								310 CMR
								80.36 associated with the requirements
								effective October 1, 2021
October 1, 2021
(b)
				For airport hydrant systems installed after October 1, 2021, the requirements
				of
				310 CMR 80.00 apply at
				installation.
Code of Massachusetts Regulations › 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES › Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources › Section 2.01 - Authority

Current through Register 1525, July 5, 2024
312 CMR 2.00 is issued pursuant to M.G.L. c. 6, §§ 179 and 180; M.G.L. c. 9, § 26; M.G.L. c. 12, § 11D; M.G.L. c. 30, § 61; and M.G.L. c. 91, §§ 63, M.G.L. c. 92, § 72.
Code of Massachusetts Regulations › 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES › Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources › Section 2.02 - Purpose

Current through Register 1525, July 5, 2024
The Massachusetts Board of Underwater Archaeological Resources is the trustee of the state's underwater heritage. In its, efforts to promote the wise use of underwater sites, the Board seeks to encourage the participation of sport divers, archaeologists, historians and others with special interests and abilities in preserving the underwater heritage of Massachusetts. 312 CMR 2.00 standardizes the procedures for Board administration and for the investigation, exploration, recovery, reporting and preservation of shipwrecks and other underwater archaeological resources. It also defines the Commonwealth's interest in underwater archaeological finds, and provides for the preservation and dissemination of information about Massachusetts underwater heritage.
Code of Massachusetts Regulations › 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES › Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources › Section 2.03 - Applicability and Jurisdiction

Current through Register 1525, July 5, 2024
(1)
Jurisdiction
. Any person who has located a shipwreck or other underwater archaeological resource within inland or coastal waters of the Commonwealth or the lands beneath such waters shall secure a permit from the Board of Underwater Archaeological Resources prior to conducting any activities that may disturb the site or resource. Compliance with the laws and regulations of the Board does not relieve any permit holder of the obligations imposed by other local, state and federal agencies.
(2)
Applicability to Existing Permits
. All permits for the investigation, exploration and recovery of underwater archaeological resources issued by the Board prior to the effective date of 312 CMR 2.00 shall be considered valid under 312 CMR 2.00. Said permits and permittees shall, however, be required to comply with the regulations with respect to all permitted actions taken after the effective date of 312 CMR 2.00.
Code of Massachusetts Regulations › 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES › Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources › Section 2.05 - Director Duties

Current through Register 1525, July 5, 2024
The Director shall be elected by the Board members at the last meeting of the calendar year to serve for one year beginning at the next meeting. The Director shall be the presiding officer but have no independent authority unless specifically voted by the Board. To act in the absence of the Director, the Board shall elect a Deputy Director whose term shall be coterminous with that of the Director. The Director shall preside at meetings and hearings of the Board and administer the day to day duties of the Board. In the event that there is no quorum of Board members in attendance at a regularly scheduled meeting of the Board, or in the event that a permit would naturally expire before the scheduled meeting would take place, the Director may extend the expiration date of expiring current permits to the date of the next regularly scheduled meeting of the Board where a quorum is present. A special use permit may be issued by the Director for a provisional period not to extend beyond the date of the next regularly scheduled meeting of the Board where a quorum is present.
Code of Massachusetts Regulations › 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES › Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources › Section 2.06 - Issuance of Permits

Current through Register 1525, July 5, 2024
The Board issues permits to persons who have located a shipwreck or other resource for purposes of investigation, exploration, recovery, reporting, and/or conservation of underwater archaeological resources if the Board deems that such operations are in the public interest. No person shall remove, displace, damage or destroy a resource without the Board's permission, except for minimal artifact collection (entailing minimal site disruption) for purposes of establishing the existence of an underwater archaeological resource. Permittees shall report, catalogue and inventory all recovered artifacts to the Board. Permits shall not be issued in the absence of demonstrable proof of the existence of a resource, except in the case of special use permits.
(1)
Permit Types
. The Board may issue three kinds of permits, one for reconnaissance, one for excavation, and special use activities.
(a)
Reconnaissance
. A reconnaissance permit is granted for the non-disruptive inspection and identification of an underwater archaeological resource and is characterized by minimal site disturbance. The purpose of the reconnaissance permit is to inventory the site, to protect the discoverer's interest in the site, and to make available the protection and expertise of the Board. Reconnaissance activities shall be limited to historical research, remote sensing, visual or electronic observation, mapping, and limited collection of artifacts found without excavation, solely for the purpose of identification or protection. All resources collected shall be mapped, documented and conserved.
(b)
Excavation
. An Excavation permit is granted to uncover and/or recover archaeological resources through the use of disruptive investigation techniques. Disruptive investigation techniques include: the systematic removal, in sample or in entirety, of artifacts or other resources from their context of discovery; or the use of excavation tools or techniques (such as blowers, airlifts, suction, etc.) to expose resources which are buried in the seabed or lake or river bottoms. Standards for archaeological recovery, recording and reporting of underwater sites shall be maintained under an excavation permit. All recovered resources shall be mapped, documented and conserved.
(c)
Special Use
. A special use permit is granted to address underwater archaeological investigations associated with a project's environmental review and public planning purposes, or other scientific purposes. Activities and techniques allowed by a special use permit are subject to an approved archaeological research design. A special use permit will be granted only to qualified archaeologist or an organization qualified to undertake archaeological research. All underwater archaeological resources remain the property of the Commonwealth.
Code of Massachusetts Regulations › 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES › Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources › Section 2.07 - Permit Applications

Current through Register 1525, July 5, 2024
(1) No person may remove, displace, damage or destroy any underwater archaeological resource except in conformity with a permit issued by the Board.
Any qualified person desiring to conduct any type of exploration, recovery or salvage operations, in the course of which any resource may be removed, displaced, damaged or destroyed shall first make application to the Board, through the Director, for a permit to conduct such operations.
(2)
Confidentiality
. All records pertaining to a permit application shall remain confidential until the application is acted upon unless released by the applicant. The general location and description of a resource shall be made public and published as part of the agenda for the Board's meeting. All records pertaining to a permit application shall become public record after the Board acts on the application. Provided, however, that the exact location of the resource shall at all times remain confidential and shall not be a matter of public record.
(3)
Application Contents
. A complete application shall contain at a minimum, but not be limited to, the following:
(a) Application form. Copies of application forms are available from the Director.
(b) A description of the nature of the resource and demonstrable proof that the resource is present at the proposed site.
(c) A project description which includes the purpose and goals of the proposed project plan.
(d) A description of the project plan, including any documentary research, on-site exploration, proposed reconnaissance, testing, and/or excavation activities.
(e) A project schedule.
(f) A personnel/organization chart which identifies all key personnel, their qualifications, duties and responsibilities (including but not limited to documentation that all divers are certified).
(g) Identification of the Project Director and (where appropriate) Project Archaeologist with appropriate qualifications.
(h) A project budget.
(i) A description of the plans to document activities and finds.
(j) A description of the artifact conservation program.
(k) A description of the inventory and catalogue which shall be maintained for all recovered artifacts.
(l) A copy of an approved chart/map clearly indicating the requested site.
(m) The latitude and longitude of the center point of the requested permit area.
(n) The application fee.
(o) The signature of the Project Director and the Project Archaeologist where the Board requires that one be appointed.
(p) For corporate applicants, the applicant shall provide its Massachusetts certificate of registration and, a certificate of good standing from the Secretary of the Commonwealth.
(q) A statement describing the applicant's current or prospective financial ability to carry out the field and laboratory activities described in the application.
(r) Provisions 312 CMR 2.07(3)(b), (m), (n), (p), and (q) do not apply to special use permit applications.
Code of Massachusetts Regulations › 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES › Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources › Section 2.08 - Permit Application Review and Notification

Current through Register 1525, July 5, 2024
(1)
Review
. Complete permit applications shall be reviewed at regular meetings of the Board. Only complete application documents filed at least ten days in advance of scheduled public meeting of the Board shall be considered at that meeting. The applicant or representative shall be present at the Board meeting when the application is considered. The Board shall, at its meeting, make a determination whether or not to issue a permit or may continue its consideration of the application until the subsequent meeting.
(2)
Review Criteria
. The review criteria include, but are not limited to, demonstrable proof of the presence of a resource, the qualifications and past performance of project personnel, the appropriateness of the proposed project plan, techniques, procedures and methodologies, a demonstration of the applicant's financial ability to carry the project plan to completion, evidence that the operations desired involve underwater archaeological resources, and evidence that said operations are in the public interest.
(3)
Notification and Contents
. Upon the action of the Board, the Director shall mail to the applicant a permit document or notification of denial stating the reasons therefore. The permit is effective on the date of Board action and the permit document shall include, but is not limited to, the permittee's name, the time period covered, the location of the permit area, the types of authorized activities, reporting requirements, any limitations on the permittee's activities, and shall provide for the termination of the rights of the permittee upon violation of any of the terms of the permit. All persons undertaking activities at a permit site shall have immediate access to the permit and associated documents or copies thereof and be able to produce such the permit and documents for law enforcement personnel, Board members, or agents of the Board.
(4)
Compliance with Other Statutes and Regulations
. Permits are conditioned upon and subject to compliance with other federal, state, and local statutes and regulations. Permittees shall not commence work at permit sites until they are in compliance with all applicable requirements.
Code of Massachusetts Regulations › 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES › Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources › Section 2.10 - Inspections

Current through Register 1525, July 5, 2024
The Board or its authorized agents may undertake inspections to monitor compliance with laws and regulations and permits, to provide guidance on activities, to inspect and account for recovered resources, and/or to verify the adequacy of artifact preservation and security programs.
The permittee shall allow members of the Board or their authorized representatives (upon presentation of credentials) to:
(a) Enter upon and inspect the permitted site;
(b) Inspect records required under the terms and conditions of the permit;
(c) Have access, at reasonable times, to any archaeological resources in the possession of or stored by the permittee or his/her agents; and
(d) Inspect equipment used in the reconnaissance or excavation of the permitted site.
Code of Massachusetts Regulations › 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES › Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources › Section 2.11 - Permit Renewal

Current through Register 1525, July 5, 2024
(1) Permits shall be submitted for renewal on a yearly basis, subject to any changes in permit terms the Board deems appropriate. In the event of competing permit applications at a specific site, the Board shall give preference in the issuance of a permit for such site to persons currently permitted to conduct activities at the site, provided the permittee is in full compliance with the terms and conditions of the previously-held permit, 312 CMR 2.00 and pertinent laws. Permittees seeking renewal of permits shall submit an application no sooner than 60 days nor later than 30 days prior to the expiration of the existing permit. The application shall include all the information specified in 312 CMR 2.07 and a copy of the Annual Report.
(2) The Board shall review an application for renewal pursuant to the standards and review criteria of 312 CMR 2.08. The Board shall show cause for a decision not to renew a permit and shall afford the applicant an opportunity for an adjudicatory hearing as defined in 312 CMR 2.14.
Code of Massachusetts Regulations › 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES › Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources › Section 2.12 - Permit Suspension, Modification or Revocation

Current through Register 1525, July 5, 2024
A permit may be modified, suspended or revoked for cause, including but not limited to, presentation or discovery of new evidence, violation of the law or of 312 CMR 2.00, violation of any of the terms or conditions of the permit, obtaining the permit by misrepresentation or failure to disclose all relevant facts, lack of activity, or activity that jeopardizes underwater archaeological resources.
(1)
Suspension
. If, in the Board's judgment, continued activity jeopardizes underwater archaeological resources, the Board may suspend a permit. The Board may vote to suspend a permit for cause without first holding a hearing, but upon suspension the permittee may request a rehearing or judicial review in accordance with M.G.L. c. 30A, § 14. Once notice of suspension has been served on the permittee, all reconnaissance or excavation activity under the permit shall cease immediately, and permittee shall act so as to preserve and protect all underwater archaeological resources associated with the permitted activity.
(2)
Modification
. After notice to a permittee and an opportunity to be heard at a public meeting, the Board may modify a permit for cause. The Board shall promptly notify the permittee in writing of any modifications and the reasons therefore. A special use permit cannot be modified into a reconnaissance or excavation permit.
(3)
Revocation
. In the event that the Board intends to revoke a permit, the Board shall show cause for revocation.
Code of Massachusetts Regulations › 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES › Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources › Section 2.13 - Resource Disposition

Current through Register 1525, July 5, 2024
The following are the general principles governing the disposition of recovered resources, including isolated finds. As each project is unique, the Board may issue specific guidelines as appropriate before a project's completion date. In all cases, the Commonwealth and the permittee shall act in such a way as to preserve and protect all recovered resources until final disposition. All underwater archaeological resources recovered under a special use permit remain the property of the Commonwealth and are not subject to the provisions of 312 CMR 2.13.
(1)
Timing.
(a) Because both the monetary and historic value of individual recovered artifacts are dependent upon the entire assemblage from a site, resources shall not be disposed of until after the project completion date, i.e. all excavation, conservation, and reporting have been completed to the Board's satisfaction, unless otherwise determined by the Board.
(b) Permittee shall dispose of resources within one year of the project completion date, unless extended by the Board with the approval of the Secretary of Administration and Finance, or unless the permittee be designated the permanent custodian of the resources of any portion thereof. In order to request an extension for the period for disposition, the permittee shall submit a written request at least two months prior to the expiration of the disposition period.
Code of Massachusetts Regulations › 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES › Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources › Section 2.14 - Adjudicatory Hearings

Current through Register 1525, July 5, 2024
Any party aggrieved by a decision of the Board may request a rehearing or judicial review in accordance with M.G.L. c. 30A, § 14.
Code of Massachusetts Regulations › 312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES › Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources › Section 2.15 - Exemptions

Current through Register 1525, July 5, 2024
(1)
Isolated Finds
. In cooperation with the diving community and in order to encourage reporting of underwater archaeological resources, the Board, with the approval of the Secretary of Administration and Finance, may waive its rights to jurisdiction over isolated finds. Isolated finds shall be reported to the Board and an opportunity shall be presented for the Board to examine the find. If the isolated find is not of major historical value, the Board may relinquish all right, title and interest in the find (including its right to 25% of the fair market value of the artifact.)
(2)
Exempted Sites
. Where, in the Boards judgment, an underwater archaeological resource, because of its location, condition, history, or resource value, is best left in the public domain, it may declare the site exempt from the permit process. In such case, a permit shall not be issued for such site and any major disruption of these sites is expressly prohibited. Notwithstanding the foregoing, the Board recognizes that circumstances may exist which, if deemed compelling, may enable the Board to reconsider such placement.
(3)
Underwater Archaeological Preserves
. Where, in the Board's judgment, an underwater archaeological resource, because of its substantial archaeological or historical value, is best left the permanent property of the Commonwealth, it may declare the site to be an underwater archaeological preserve. In such case, any disruption of an underwater archaeological preserve is expressly prohibited, except as specifically provided under a special use permit for historical or scientific purposes. Any and all materials collected will remain the permanent property of the Commonwealth. Notwithstanding the foregoing, the Board recognizes that circumstances may exist which, if deemed compelling, may enable the Board to reconsider such placement.