reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL PROVISIONS › Section 80.05 - Rules of Construction

Current through Register 1525, July 5, 2024
(1) No provision of
				310 CMR 80.00 shall be
				construed to limit the Department's authority to take or arrange for, or to
				require any person to perform, any response action authorized by M.G.L. c. 21C
				or 21E which the Department deems necessary to protect public health, safety or
				the environment.
(2) The provisions
				of
				310 CMR 80.00 are severable,
				and if any provision herein or the application thereof to any person or
				circumstance is held invalid, such invalidity shall not affect other provisions
				hereof or applications thereof which can be given effect without the invalid
				provision or application.
(3) No
				provision of
				310 CMR 80.00 shall be
				construed to relieve any person of the necessity of complying with all
				applicable federal, state or local laws.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL PROVISIONS › Section 80.06 - Computation of Time

Current through Register 1525, July 5, 2024
Unless otherwise specifically provided by law,
				  310 CMR 80.00, or any
				  determination issued pursuant to
				  310 CMR 80.00, any time
				  period prescribed or referred to in
				  310 CMR 80.00, or in any
				  determination issued pursuant to
				  310 CMR 80.00, shall begin
				  with the first day following the act which initiates the running of the time
				  period, and shall include every calendar day, including the last day of the
				  time period so computed. If the last day is a Saturday, Sunday, legal holiday,
				  or any other day in which the offices of the Department are closed, the
				  deadline shall run until the end of the next business day. If the time period
				  prescribed or referred to is less than seven days, only days when the offices
				  of the Department are open shall be included in the computation. If the time
				  period is prescribed in hours, the computation is the exact number of hours
				  from the start of the deadline without regard to whether the Department is
				  open, unless the deadline requires delivery of information or documentation to
				  the Department, in which case it is on the next business day after the running
				  of the deadline if that deadline runs on a day when the Department is
				  closed.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL PROVISIONS › Section 80.07 - Accurate and Timely Submittals to the Department and Recordkeeping

Current through Register 1525, July 5, 2024
(1) No person shall make any false,
				inaccurate, incomplete or misleading statement in any application, record,
				report, plan, log or statement which that person submits, or is required to
				submit, to the Department pursuant to M.G.L. c. 21O,
				310 CMR 80.00, or any permit,
				order, certification or approval issued by the Department.
(2) Any application, record, report, plan or
				statement which any person is required to submit to the Department shall be
				submitted within the time period presented in M.G.L. c. 21O,
				310 CMR 80.00, or any order
				issued by the Department, unless otherwise specified by the
				Department.
(3) No person shall
				make any false, inaccurate, incomplete or misleading statement in any
				application, record, report, plan, log or statement which that person keeps, or
				is required to keep, by the Department pursuant to M.G.L. c. 21O,
				310 CMR 80.00, or by any
				permit, order, certification or approval issued by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL PROVISIONS › Section 80.08 - Accurate and Complete Recordkeeping

Current through Register 1525, July 5, 2024
Any recordkeeping which any person is required to perform
				  shall be promptly, fully, and accurately performed and shall otherwise be in
				  compliance with
				  310 CMR 80.00, and any
				  permit, order, certification or approval issued by the
				  Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL PROVISIONS › Section 80.09 - Accurate Monitoring

Current through Register 1525, July 5, 2024
No person shall falsify, tamper with, or render inaccurate
				  any monitoring device or method which any person maintains, or which is
				  required to be maintained pursuant to M.G.L. c. 21O or
				  310 CMR 80.00. Any monitoring
				  which any person is required to perform shall be promptly, fully and accurately
				  performed and shall otherwise be in compliance with M.G.L. c. 21O,
				  310 CMR 80.00, or any permit,
				  order, certification or approval issued by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL PROVISIONS › Section 80.10 - Duty to Provide Information

Current through Register 1525, July 5, 2024
For any of the purpose set forth in M.G.L. c. 21O or
				  310 CMR 80.00, any Owner or
				  Operator of a UST system shall upon reasonable request of the Department
				  furnish information relating to UST systems and UST components, conduct
				  monitoring or testing, and permit the Department to have access to, and to copy
				  all records relating to, such UST systems and UST components within the time
				  specified in the Department's request.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL PROVISIONS › Section 80.11 - Submittals to the Department

Current through Register 1525, July 5, 2024
(1) Any person
				signing a document or form, required by
				310 CMR 80.00 to be signed by
				the Owner or Operator, shall be signed by:
(a)
				If a sole proprietorship, the sole proprietor;
(b) If a partnership, a general partner with
				the authority to bind the partnership;
(c) If a trust, a trustee or any other
				natural person authorized:
1. to enter into
				contracts regarding the trust property;
2 to bind the trust; or
3. to encumber or dispose of the trust
				property;
(d) If a
				limited liability company, a person authorized pursuant to M.G.L. c. 156C,
				§ 24 and the limited liability company's operating agreement to bind the
				company and all the members;
(e) If
				a corporation or a nonprofit corporation, a president, secretary, treasurer, or
				a vice-president of the corporation in charge of a principal business function
				who has been duly authorized to bind the corporation pursuant to a corporate
				vote, or an employee of the corporation who has been duly authorized to bind
				the corporation pursuant to a corporate vote;
(f) If a municipality or other public agency,
				a principal executive officer or ranking elected official who is empowered to
				enter into contracts on behalf of the municipality or public
				agency.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL PROVISIONS › Section 80.12 - Presumption of Irreparable Harm

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 21O, § 8, any violation of any
				  provision of M.G.L. c. 21O or
				  310 CMR 80.00 or of any
				  order, permit, or approval adopted or issued thereunder shall be presumed to
				  constitute irreparable harm to public health, safety and welfare, and to the
				  environment. Such presumption may be rebutted by the introduction of competent
				  evidence.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL PROVISIONS › Section 80.13 - Department Access to UST Facilities and Records

Current through Register 1525, July 5, 2024
(1)
Reasonable
				Access
.
(a) For purposes of
				implementing M.G.L. c. 21O and
				310 CMR 80.00, personnel
				and/or representatives of the Department may, upon presentation of credentials,
				enter property containing or suspected of containing UST systems in order to:
1. Inspect or obtain samples from any UST
				system;
2. Conduct monitoring or
				testing of the tanks, associated equipment, contents of the tank or surrounding
				soils, air, surface water or ground water; and
3. Have access to, and copy all records,
				relating to such tanks.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › DESIGN, CONSTRUCTION AND INSTALLATION REQUIREMENTS › Section 80.14 - General Requirements

Current through Register 1525, July 5, 2024
Owners and Operators shall comply with all general and
				  specific design, construction and installation requirements in 310 CMR 80.14
				  through
				  80.22,
				  as applicable.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › DESIGN, CONSTRUCTION AND INSTALLATION REQUIREMENTS › Section 80.15 - General Prohibitions

Current through Register 1525, July 5, 2024
(1) All
				single-walled steel tanks in-service and temporarily out-of-service shall be
				permanently closed and removed from the ground or permanently closed in-place
				in compliance with
				310 CMR
				80.43 by August 7, 2017, except for the
				following tanks:
(a) Consumptive use tanks;
				and
(b) Tanks that were relined
				prior to August 8, 2007 in accordance with API 1631, 1983 Edition and the Owner
				or Operator has the following:
1. A permit and
				approval that was issued by the Head of the Fire Department for such relining;
				and
2. A current, legally valid
				warranty for said relining.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › DESIGN, CONSTRUCTION AND INSTALLATION REQUIREMENTS › Section 80.16 - Installation Requirements

Current through Register 1525, July 5, 2024
(1) No UST system
				shall be installed except by a person who has been certified to install that
				type of UST system in writing by the UST system manufacturer. The installation
				shall include, but shall not be limited to, compliance with the manufacturer's
				specifications and all items on the manufacturer's checklist(s).
(a) The installer shall certify that the UST
				system was installed in accordance with the manufacturer's specifications and
				that the installer complied with all items on the manufacturer's installation
				checklist(s).
(b) The Owner or
				Operator shall maintain a copy of the certifications in 310 CMR 80.16(1) and
				80.16(1)(a), manufacturer's specifications and completed checklist(s) in
				accordance with
				310 CMR
				80.36.
(c) The Owner shall submit the installer
				certification(s) from the manufacturer(s) and the installer's certification in
				310 CMR 80.16(1)(a), in accordance with
				310 CMR
				80.23(1)(b).
(d) A new double-walled tank may be installed
				inside an existing tank, if the new double-walled tank meets the requirements
				of
				310 CMR
				80.17 and does not rely on the existing tank
				to provide structural integrity or as a tank wall and:
1. Prior to installing the new double-walled
				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 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
				double-walled 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
				double-walled 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 › DESIGN, CONSTRUCTION AND INSTALLATION REQUIREMENTS › Section 80.17 - Specifications for Tanks

Current through Register 1525, July 5, 2024
(1) Tanks, except
				consumptive use tanks having a capacity of 1100 gallons or less, that are
				installed on and after January 1, 1989 shall be one of the following:
(a) Listed double-walled cathodically
				protected metal tanks;
(b) Listed
				double-walled fiberglass reinforced plastic tanks;
(c) Listed double-walled composite
				tanks;
(d) Listed double-walled
				jacketed steel tanks; or
(e) Listed
				tanks that are no less protective of human health and the environment than 310
				CMR 80.17(1)(a) through (d), if the following requirements are met:
1. The Owner shall submit an application to
				the Department for approval demonstrating that the tank is equal to or more
				protective of human health and the environment than 310 CMR 80.17(1)(a) through
				(d). This demonstration shall include, but is not limited to, technical
				information that the tank is noncorrosive or corrosion resistant, and meets or
				exceeds the performance standards in 310 CMR 80.17(1)(a) through (d).
2. The Department, at its sole discretion,
				shall determine whether the Owner has made the demonstration required in 310
				CMR 80.17(1)(e)1.
3. The Owner
				shall not install the tank unless and until it receives written approval from
				the Department.
(f)
				Listed "tank-within-a-tank" systems that are double-walled and do not rely on
				the existing tank to provide structural integrity or as a tank
				wall.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › DESIGN, CONSTRUCTION AND INSTALLATION REQUIREMENTS › Section 80.18 - Specifications for Regulated Substance Piping

Current through Register 1525, July 5, 2024
(1) UST systems that contain regulated
				substance piping shall be installed with one of, or a combination of, the
				following piping systems:
(a) Pressurized
				piping system;
(b) European suction
				system; or
(c) Non-European suction
				system.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › DESIGN, CONSTRUCTION AND INSTALLATION REQUIREMENTS › Section 80.19 - Leak Detection

Current through Register 1525, July 5, 2024
(1) Owners and
				Operators shall equip UST systems with leak detection equipment.
(2) The Owner or Operator shall install,
				calibrate, operate and maintain all leak detection equipment in accordance with
				310 CMR 80.19 and
				80.26,
				and the manufacturer's specifications.
(3)
Requirements for
				Tanks
.
(a) Tanks (except tanks
				used to supply regulated substance to emergency engines) installed on or after
				January 1, 1989, and tanks used to supply regulated substance to emergency
				engines installed on or after January 2, 2015, shall be equipped with a system
				that continuously monitors interstitial space.
1. The interstitial monitors shall be
				installed and operated in accordance with the manufacturers'
				specifications.
2. The system shall
				comply with
				310 CMR
				80.26(3).
3. The interstitial monitoring shall detect
				leakage through the inner wall of any tank.
4. For UST systems using continuous vacuum,
				pressure, or hydrostatic methods (including brine systems) of interstitial
				monitoring, the method shall be capable of detecting a breach in the inner and
				outer walls of the tank.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › DESIGN, CONSTRUCTION AND INSTALLATION REQUIREMENTS › Section 80.20 - Requirements for Turbine, Intermediate and Dispenser Sumps

Current through Register 1525, July 5, 2024
(1)
Dispenser Sumps
.
(a) Regulated substance dispensers installed,
				repaired or replaced on or after October 1, 2021 shall be equipped with a
				dispenser sump that shall be continuously monitored for liquids utilizing a
				dispenser sump sensor(s). 310 CMR 80.20(1)(a) shall not apply in situations
				where only the product dispenser is repaired or replaced due to damage or
				malfunction, but shall apply to any replacement of both the product dispenser
				and dispenser components attaching the dispenser to the UST piping system at
				the dispenser.
(b) Regulated
				substance dispensers installed, repaired or replaced on or after March 21, 2008
				and before October 1, 2021 shall be equipped with a dispenser sump that shall
				be continuously monitored for liquids utilizing a dispenser sump sensor(s). 310
				CMR 80.20(1)(b) shall not apply in situations where only the product dispenser
				is repaired or replaced due to damage or malfunction, but shall apply to any
				replacement of both the product dispenser and the piping used to connect the
				product dispenser to the tank.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › DESIGN, CONSTRUCTION AND INSTALLATION REQUIREMENTS › Section 80.21 - Requirements for Spill Buckets and Overfill Prevention Equipment

Current through Register 1525, July 5, 2024
(1) All fill ports used to introduce
				regulated substance to a UST system shall be equipped with a spill bucket.
(a) Spill buckets, including replacement
				spill buckets, installed on or after January 2, 2015 shall have a minimum
				capacity of five gallons, unless it is not physically possible to replace a
				three-gallon spill bucket with a five-gallon spill bucket. "Not physically
				possible" means that the area where the three-gallon spill bucket is installed
				cannot be made to accommodate a five-gallon spill bucket by any physical means
				including, but not limited to, digging or jack hammering.
1. If it is not physically possible to
				replace a three-gallon spill bucket with a five-gallon spill bucket, the Owner
				or Operator shall certify to the Department that it is not physically possible
				in a letter signed in accordance with
				310 CMR
				80.11.
2. If it is not physically possible to
				replace a three-gallon spill bucket with a five-gallon spill bucket, the Owner
				or Operator shall install a spill bucket no smaller than three
				gallons.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › DESIGN, CONSTRUCTION AND INSTALLATION REQUIREMENTS › Section 80.22 - Requirements for Corrosion Protection

Current through Register 1525, July 5, 2024
(1) All
				UST systems shall be protected from corrosion.
(2) Metal components of a UST system and UST
				components, excluding manhole covers, that are subject to corrosion and are in
				contact with the ground shall have continuous cathodic protection.
Riser and fill pipes may be coated, taped or clad with
				  noncorrosive materials, such as fiberglass to comply with 310 CMR
				  80.22(2).
(3) If a tank or
				regulated substance piping is manufactured with cathodic protection, it shall
				comply with a listed standard.
(4)
				A field constructed cathodic protection system shall be designed by a corrosion
				expert.
(a) The cathodic protection system
				design plans, applications, surveys, drawings, test data and results, shall be
				reviewed and approved by a corrosion expert and bear the full name, signature,
				address, certification number and seal of the corrosion expert.
(b) The installation and repair of any
				cathodic protection system shall be completed under the direction of a
				corrosion expert. Cathodic protection systems shall be designed and installed
				in accordance with a listed standard and the manufacturer's
				specifications.
(c) For
				field-constructed cathodic protection systems installed on and after January 2,
				2015, the Owner or Operator shall have as-built, scaled plans of the
				field-constructed cathodic protection system. Said plans shall be reviewed and
				approved by a corrosion expert and shall bear the full name, signature,
				address, certification number and seal of the corrosion expert and shall be
				retained in accordance with
				310 CMR
				80.36.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL OPERATING REQUIREMENTS › Section 80.23 - Requirements for Registration and Reporting

Current through Register 1525, July 5, 2024
(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; and
5. Description of the UST records received
				from the previous Owner(s) and Operator(s).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL OPERATING REQUIREMENTS › Section 80.24 - General Requirements

Current through Register 1525, July 5, 2024
(1) Owners and
				Operators shall comply with all general and specific operating requirements in
				310 CMR
				80.23 through
				80.36,
				as applicable.
(2) The Owner or
				Operator shall activate and keep in working condition all electrical equipment,
				components and alarms for UST systems and UST components.
(3) The Owner or Operator shall respond to
				every UST system alarm that may indicate the presence of leakage or a release,
				and document the response to each of those alarms in a report or log which
				shall include the date, the cause and any corrective action taken. The Owner or
				Operator shall keep records of such alarms in accordance with
				310 CMR
				80.36.
(4) The Owner or Operator shall ensure that
				fill pipe covers of tanks are painted and maintained in accordance API
				Recommended Practice 1637, 4th Edition, 2020,
Using the API Color-Symbol System to Identify Equipment, Vehicles, and
				Transfer Points for Petroleum Fuels and Related Products at Dispensing and
				Storage Facilities and Distribution Terminals
, if
				applicable.
(5) When all regulated
				substance is removed from a UST system, the Owner or Operator shall take the
				UST system temporarily out-of-service in accordance with
				310
				CMR 80.42 or remove or permanently close
				in-place the UST system in accordance with
				310 CMR
				80.43. When any regulated substance remains
				in a UST system, unless the concentration of regulated substance in the UST
				system meets the
de minimis
standard in 310 80.04(5)(c), the
				UST system shall comply with all applicable requirements of
				310 CMR 80.00.
(6) After January 2, 2015, an Owner or
				Operator shall not line or reline any tank to extend the operating life of the
				UST system.
(a) Tanks that were internally
				lined on or before January 2, 2015 shall be internally inspected on or before
				12 months after the October 1, 2021 and every five years thereafter, in
				accordance with a code of practice developed by a nationally recognized
				association to determine whether the tank is structurally sound and the lining
				still performing in accordance with the original design
				specifications.
(b) If the lining
				is determined to be no longer performing in accordance with original design
				specifications and cannot be repaired in accordance with a code of practice
				developed by a nationally recognized association or independent testing
				laboratory or the tank is found to not be structurally sound, the tank shall be
				immediately taken temporarily out-of-service in accordance with
				310
				CMR 80.42 and removed or permanently closed
				in-place in accordance with
				310 CMR
				80.43 within 90 days of the
				determination.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL OPERATING REQUIREMENTS › Section 80.25 - Requirements for a UST System or UST Component Emergency Response

Current through Register 1525, July 5, 2024
(1) The Owner or Operator shall post a sign
				at the UST facility indicating what steps to follow in the event of a UST
				system or UST component emergency including, but not limited to, the name and
				phone number of the person or persons to contact in the event of an emergency.
(a) The sign shall be written in large print
				so that employees can clearly see it from at least ten feet away, in languages
				that are commonly spoken at the UST facility and be prominently displayed at
				various locations.
(b) The
				emergency signage shall be updated when any information on the sign
				changes.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL OPERATING REQUIREMENTS › Section 80.26 - Requirements for Leak Detection Systems

Current through Register 1525, July 5, 2024
(1) The
				Owner or Operator shall equip UST systems with a leak detection system for
				tanks and piping in accordance with manufacturer's specifications and
				310 CMR
				80.19.
(2) The Owner or Operator shall operate and
				maintain leak detection systems at all times and in accordance with
				manufacturer's specifications and 310 CMR 80.26, as applicable. As applicable,
				the Owner or Operator shall inspect and test leak detection systems annually,
				as follows:
(a) For in-tank monitors and other
				controllers:
1. Test alarms;
2. Verify system configuration; and
3. Test battery backup.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL OPERATING REQUIREMENTS › Section 80.27 - Requirements for Turbine, Intermediate and Dispenser Sumps

Current through Register 1525, July 5, 2024
(1) Owners and Operators shall operate and
				maintain turbine, intermediate and dispenser sumps in accordance with 310 CMR
				80.27.
(2) Turbine, intermediate
				and dispenser sumps shall be clean and free of solid and liquid material at all
				times.
(a) If a sensor or visual observation
				indicates that there is liquid in the sump, the liquid shall be removed
				immediately.
(b) If the liquid is a
				regulated substance, the Owner or Operator shall investigate the source of the
				regulated substance, shall investigate the path of entry to the sump, and shall
				make any necessary repairs in accordance with
				310 CMR
				80.33.
(c) The solid and liquid material that
				collects in a sump shall be removed, managed and disposed of in accordance with
				applicable local, state and federal laws and regulations.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL OPERATING REQUIREMENTS › Section 80.29 - Requirements for Corrosion Protection

Current through Register 1525, July 5, 2024
(1)
				Owners and Operators shall operate and maintain corrosion protection in
				accordance with
				310 CMR
				80.22 and 80.29.
(2) Sacrificial or galvanic anode cathodic
				protection systems shall be tested by a cathodic protection tester at the
				following recurring frequency and in accordance with the NACE standards at 310
				CMR 80.29(3):
(a) If test results indicate a
				negative voltage of at least -0.90 volts or if the system passes the 100-mV
				cathodic polarization test as indicated in the NACE Standards at 310 CMR
				80.29(3)(a) or (b), the system shall be tested at three-year intervals
				thereafter.
(b) If test results
				indicate a negative voltage of between -0.85 and -0.90 the system shall be
				tested annually thereafter.
(c) If
				test results indicate a negative voltage of less than -0.85 or if the system
				fails the 100-mV cathodic polarization test as indicated in the NACE Standard
				at 310 CMR 80.29(3)(a) or (b), the system shall be deemed inadequate and the
				Owner and Operator shall comply with 310 CMR 80.29(5).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL OPERATING REQUIREMENTS › Section 80.30 - Requirements for Compatibility

Current through Register 1525, July 5, 2024
(1) The Owner
				and Operator shall not introduce, or allow to be introduced, any regulated
				substance into a UST system that is not compatible with the UST
				system.
(2) The Owner or Operator
				shall ensure that all UST systems are compatible with the environment in which
				they are installed including, but not limited to, soil and
				groundwater.
(3) The Owner or
				Operator storing regulated substance containing greater than 10% ethanol or
				greater than 20% biofuel shall demonstrate compatibility of the tank, piping,
				sumps, pumping equipment, leak detection equipment, spill buckets and overfill
				prevention equipment with the regulated substance by complying with one of the
				following options:
(a) Certification or
				listing of UST system and UST components listed in 310 CMR 80.30(3) by a
				nationally recognized, independent testing laboratory for use with the
				regulated substance stored; or
(b)
				Manufacturer's approval, in writing, indicating an affirmative statement of
				compatibility, specifying the range of biofuel blends are compatible with the
				UST system and UST components.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL OPERATING REQUIREMENTS › Section 80.31 - Requirements for Inventory Monitoring

Current through Register 1525, July 5, 2024
(1)
Daily Inventory Monitoring
.
(a) The Owner or Operator of a tank that is
				not single-walled and does not have continuous monitoring in accordance with
				310 CMR
				80.19(3)(b)3. shall conduct
				inventory monitoring for abnormal regulated substance loss.
(b) The Owner or Operator of UST systems with
				tanks having a capacity of 111 to 1000 gallons may use manual tank gauging in
				accordance with 310 CMR 80.31(2) in order to satisfy the requirements of 310
				CMR 80.31(1)(a).
(c) Inventory
				monitoring for abnormal regulated substance loss shall be performed as follows:
1. Take daily measurements and reconcile
				inventory data daily and monthly;
2. Measure the liquid in the tank using:
a. A gauge stick or tape with water sensitive
				paste which shall be capable of measuring liquid in the tank to the nearest 1/8
				of an inch; or
b. An automatic tank
				gauging device of equivalent or better measuring accuracy.
3. At the close of each calendar month,
				determine, for that month and for each tank or combination of tanks, the number
				of days in which any amount of regulated substance was dispensed and the number
				of days in which a loss of regulated substance was recorded.
4. Record all daily measurements and monthly
				reconciliation information.
(d) An abnormal regulated substance loss from
				any tank or combination of tanks shall mean a loss not explainable by any
				spillage, temperature variations or other causes in excess of 1% of the volume
				plus 130 gallons of regulated substance dispensed over a period of a calendar
				month.
(e) In the event of abnormal
				regulated substance loss, the Owner or Operator shall take the following steps
				within the 72 hours following the discovery of the abnormal regulated substance
				loss:
1. Check the inventory input and output
				records for mathematical error; and
2. Check the inventory for an error in
				measurement.
(f) If the
				abnormal regulated substance loss cannot be reconciled in accordance with 310
				CMR 80.31(1)(e)1. or. 2., the UST system shall be tested for tightness within
				72 hours of the completion of 310 CMR 80.31(1)(e) in accordance with
				310 CMR
				80.32.
(g) If the tank fails a tightness test
				pursuant to
				310 CMR
				80.32, the Owner or Operator shall comply
				with
				310 CMR
				80.32(3).
(h) If the tank passes a tightness test
				pursuant to
				310 CMR
				80.32, the tank is considered tight, and the
				requirements for tightness testing in
				310 CMR
				80.32 are satisfied.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL OPERATING REQUIREMENTS › Section 80.32 - Requirements for Tank and Pipe/Line Tightness Testing

Current through Register 1525, July 5, 2024
(1) Tank and piping/line tightness testing
				shall be capable of detecting a release or leakage of 0.1 gallon per hour,
				accounting for the effects of thermal expansion or contraction of regulated
				substance, vapor pockets, tank deformation, evaporation, condensation, and the
				location of the water table. The probability of detection shall be no less than
				95% and the probability of a false alarm shall be no more than 5%.
(2) Owners or Operators of all UST systems
				shall meet the following tightness test and reporting requirements:
(a) A tank or pipe/line tightness test shall
				be performed by a certified UST system tightness tester using the appropriate
				test for the particular tank or piping/line.
(b) When a tightness test is performed, the
				Owner or Operator shall compile a report or log that shall include, but not be
				limited to, the following:
1. Date the test
				was performed;
2. Facility name and
				address;
3. Facility Owner name and
				address;
4. Identification of the
				tank or piping/line that was tested;
5. Reason for the test including, but not
				limited to, the date when the Owner and Operator first discovered the need for
				the test;
6. Type of tightness test
				equipment used for the test;
7.
				Name of the certified UST system tightness tester, his/her certificate number
				and expiration date, and the name of any persons assisting in the
				test;
8. Data sheets with test
				readings recorded;
9. Calculations
				pertaining to the test method and test results;
10. Location of monitoring or observation
				well, if used in test procedure;
11. Description of method used to measure the
				water table, if required, and the result; and
12. Signature of the certified UST system
				tightness tester attesting to the accuracy of the information of the test
				result in accordance with
				310 CMR
				80.11(2).
(c) The report or log prepared
				pursuant to 310 CMR 80.32(2)(b) shall be kept in accordance with
				310 CMR
				80.36.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL OPERATING REQUIREMENTS › Section 80.33 - Requirements for Repairs and Replacements

Current through Register 1525, July 5, 2024
(1) A tank that has released regulated
				substance shall immediately be emptied, but in no event shall be emptied later
				than 24 hours of obtaining knowledge of the release.
(a) The tank shall be permanently closed
				in-place or removed in accordance with
				310 CMR
				80.43(2) or (3), unless the
				manufacturer of the tank repairs and re-certifies or re-warranties the tank, in
				writing, and the tank passes a tightness test in accordance with
				310 CMR
				80.32 prior to commencing
				operation.
(b) The Owner and
				Operator shall comply with 310 CMR 40.0000:
Massachusetts Contingency
				Plan
, if applicable.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL OPERATING REQUIREMENTS › Section 80.34 - Requirements for Compliance Certification

Current through Register 1525, July 5, 2024
(1)
Certification
				Form
. The Owner or Operator of a UST system shall submit, to the
				Department, a compliance certification in accordance with
				310 CMR 70.00:
Environmental Results Program Certification
, no earlier than
				16 months and no later than 18 months from the UST facility compliance date or
				the date of the most recent third-party inspection report submission, whichever
				is earlier. The compliance certification shall be submitted in a format
				specified by the Department. The Owner or Operator shall certify whether or not
				the Owner or Operator has complied with the following requirements:
(a) Financial responsibility obligations in
				accordance with
				310 CMR 80.51 through
				80.63;
(b) All testing requirements for leak
				detection, sumps, spill buckets, overfill prevention, and corrosion protection
				in accordance with
				310 CMR
				80.20 through
				80.22
				and
				80.26
				through
				80.29;
(c) All registration, reporting and
				recordkeeping requirements in accordance with
				310 CMR
				80.23 and
				80.36;
(d) Emergency procedure requirements in
				accordance with
				310
				CMR 80.25;
(e) That cathodic protection readings have
				been taken and recorded in accordance with
				310 CMR
				80.29(4)(b), as
				applicable;
(f) A demonstration
				that all Class A, B and C operators are certified in accordance with
				310 CMR
				80.37;
(g) For all sump, spill bucket and overfill
				prevention equipment inspections in accordance with
				310 CMR
				80.27 and
				80.28;
(h) That all repairs and replacements have
				been completed in accordance with
				310 CMR
				80.33; and
(i) That the UST components and configuration
				of the UST system and UST components have not changed. If the UST system or UST
				component has changed, completion and submission of an amended registration
				form to the Department in accordance with
				310 CMR
				80.23(1).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL OPERATING REQUIREMENTS › Section 80.35 - Requirements for Periodic Inspections

Current through Register 1525, July 5, 2024
(1)
				Owners and Operators are responsible for ensuring that periodic visual
				inspections meeting the requirements in 310 CMR 80.35(2) through (4) are
				conducted at all underground storage tank systems. The Owner, Operator or
				certified Class A or B operator, or an individual under the direction of the
				Owner, Operator, or certified Class A or B Operator shall conduct the periodic
				visual inspections.
(2)
Every 30 Day
(a)
				Inspect leak detection equipment and records as follows:
1. Verifying leak detection equipment is
				currently on and is operating with no alarms or other unusual operating
				conditions present;
2. Verify all
				indications of leakage or releases were responded to in accordance with
				310 CMR
				80.26 including, but not limited to, printing
				a report from the electronic system if applicable; and
3. Verify leak detection records are
				complete, accurate and current.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL OPERATING REQUIREMENTS › Section 80.36 - Requirements for Recordkeeping

Current through Register 1525, July 5, 2024
(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).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › OPERATOR TRAINING › Section 80.37 - Class A, B and C Operator Requirements and Certifications

Current through Register 1525, July 5, 2024
(1) Effective August 8, 2012, every Owner and
				Operator shall ensure that at least one Class A, B and C operator certified in
				accordance with 310 CMR 80.37 is designated to each underground storage tank
				system.
(a) An individual may be designated by
				an Owner and Operator as a Class A, Class B, or Class C operator or any
				combination of the three Classes.
(b) An individual Class A, Class B, or Class
				C operator may be designated by an Owner and Operator for more than one UST
				system or UST facility.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › LEAKAGE AND RELEASE: RESPONSE, REPORTING AND REMEDIATION › Section 80.38 - Response to a Release

Current through Register 1525, July 5, 2024
(1) Nothing in
				310 CMR 80.00 shall affect
				the Owner or Operator notification obligations under 310 CMR 40.0000:
Massachusetts Contingency Plan
.
(2) In the event of a release from a tank,
				the Owner or Operator shall empty the tank immediately, but in no event later
				than 24 hours of obtaining knowledge of the release and comply with
				310 CMR
				80.33,
				80.42
				or
				80.43,
				as applicable.
(3) In the event of
				a release from piping, the Owner or Operator shall immediately empty and
				isolate the section of pipe determined to have had the release and comply with
				310 CMR
				80.33,
				80.42
				or
				80.43,
				as applicable.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › LEAKAGE AND RELEASE: RESPONSE, REPORTING AND REMEDIATION › Section 80.39 - Response to Leakage

Current through Register 1525, July 5, 2024
(1) In the event of
				leakage, whether determined by testing, visual inspection or otherwise, the
				following steps shall be taken:
(a) If
				testing, visual inspection or other information has confirmed that the source
				of the leakage is the piping, the Owner or Operator shall immediately:
1. Isolate and empty the section of the pipe
				determined to have leakage until the section is repaired or replaced;
				or
2. Take that UST system
				temporarily out-of-service in accordance with
				310
				CMR 80.42; or
3. Remove or permanently close in-place the
				UST system in accordance with
				310 CMR
				80.43.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › LEAKAGE AND RELEASE: RESPONSE, REPORTING AND REMEDIATION › Section 80.40 - Reportable Releases

Current through Register 1525, July 5, 2024
For each reportable release pursuant to 310 CMR 40.0000:
Massachusetts Contingency Plan
, the Owner or Operator shall
				  provide the following information to the Department, in a format provided by
				  the Department, in accordance with
				  310 CMR
				  80.23(3)(c):
(a) The source of each reportable release
				from a UST system,
i.e
. the UST component or piece of
				equipment that failed, if known; and
(b) The cause of each reportable release from
				a UST system,
i.e
. the reason for the failure, if known.
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 80.41 - Requirements for Change-in-product

Current through Register 1525, July 5, 2024
(1)
				Owners and Operators shall comply with all requirements in 310 CMR
				80.41.
(2) A UST system once used
				for non-food grade regulated substances shall not be reused to store food
				products or drinking water.
(3) The
				Owner shall notify the Department, in a format specified by the Department, of
				a change-in-product in accordance with
				310 CMR
				80.23(2)(a)  and the
				following timeframes:
(a) If the
				change-in-product is from a regulated substance to a different regulated
				substance, within 30 days of executing the change; except if the different
				regulated substance contains greater than 10% ethanol or greater than 20%
				biofuel, then at least 30 days prior to executing the change, in accordance
				with
				310 CMR
				80.30(3).
(b) If the change-in-product is from a
				regulated substance to a non-regulated substance, prior to executing the
				change.
(c) If the
				change-in-product is from a non-regulated substance to a regulated substance,
				within 30 days of receiving regulated substance into the UST system, in
				accordance with
				310 CMR
				80.23(1).