Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.07 - Applying for a Certificate of Compliance/Compliance with Laws and Regulations

Current through Register 1525, July 5, 2024
NOTE
: Possession of a Certificate of
				Compliance does not eliminate the Owner or Operator's obligation to continue to
				comply with the day-to-day requirements of the law applicable to the operation
				and maintenance of the Underground Storage Tank or Underground Storage Tank
				System including, without limitation,
				527 CMR 1.00:
Massachusetts Comprehensive Fire Safety Code
and
				310 CMR 80.00:
Underground Storage Tank (UST) Systems,
or any other
				applicable requirement of law.
(1) A
			 Claimant must demonstrate that the Owner or Operator of the UST System from
			 which the Release occurred was in Full Compliance at the time of the
			 Occurrence, or for Dispensing Facilities that had an Occurrence before July 1,
			 1994, at the time an Application for Certificate of Compliance was filed if
			 filed on or before April 1, 1995, or as otherwise described in 503 CMR
			 2.07.
(2) Full Compliance described
			 in 503 CMR 2.07(1) shall be demonstrated in the following ways:
(a) For a UST System operating at a
			 Dispensing Facility, the Owner or Operator shall submit to the Board an
			 Application for a Certificate of Compliance, including All Necessary
			 Information as set forth in 503 CMR 2.07(2)(b) and (c).
(b) In addition to the requirements of 503
			 CMR 2.07(2)(a), a Board Acceptable Site Assessment (BASA) shall be performed,
			 unless not required by the Board. The Applicant shall submit:
1. The original BASA together with an
			 Application for Certificate of Compliance to the Board for approval.
2. The Board shall approve or deny a BASA
			 within 30 days of receipt or seek further information consistent with the
			 provisions of
			 503 CMR 2.00 as the Board
			 deems necessary.
(c) An
			 Applicant for a Certificate of Compliance shall submit to the Board:
1. An Application for Certificate of
			 Compliance filing electronically through DOR's electronic application filing
			 system or by filing using the form set forth in Appendix 1.
2. The Board shall:
a. approve the application and issue the
			 Applicant a Certificate of Compliance if the application complies with these
			 provisions;
b. disapprove the
			 application if the application fails to comply with these provisions;
			 or
c. seek further information
			 consistent with the provisions of
			 503 CMR 2.00 as the Board
			 deems necessary.
3. The
			 Board shall approve or disapprove an Application for Certificate of Compliance
			 within 30 days of receipt of All Necessary Information.
(d) An Applicant for Renewal of a Certificate
			 of Compliance shall submit to the Board:
1.
			 Application for Renewal of a Certificate of Compliance using Appendix 1R or
			 filed electronically including All Necessary Information;
2. The Board shall:
a. approve the application and renew the
			 Applicant's Certificate of Compliance if the application complies with
			 503 CMR 2.00;
b. disapprove the application if the
			 application fails to comply with
			 503 CMR 2.00; or
c. seek further information consistent with
			 the provisions of
			 503 CMR 2.00 as the Board
			 deems necessary.
3. The
			 Board shall approve or disapprove an Application for Renewal of Certificate of
			 Compliance within 30 days of receipt of All Necessary Information.
4. If the Board does not approve the
			 Application for Renewal of a Certificate of Compliance, and the Applicant fails
			 to correct the reasons for disapproval, the Board shall Revoke the Certificate
			 of Compliance pursuant to 503 CMR 2.07(9).
(e) For a Former Dispensing Facility, Full
			 Compliance shall be demonstrated by complying with the terms of
			 503 CMR
			 2.25.
(f) An Applicant may submit an Application
			 for a Certificate of Compliance without a BASA between February 1, 1998 and
			 June 2, 1998, subject to the provisions of 503 CMR 2.07(2)(c) and
			 2.17(1)
			  for a Facility that:
1. was a Dispensing Facility on April 1,
			 1995;
2. as of April 1, 1995 had
			 not been the subject of an Application for a Certificate of Compliance (or had
			 applied for a Certificate of Compliance and been rejected); and
3. has remained in continuous operation and
			 not ceased dispensing Petroleum Product for more than six consecutive months
			 after April 1, 1995.
(g)
			 An Applicant may submit an Application for a Certificate of Compliance at any
			 time together with a BASA (as required by 503 CMR 2.07(2)(b) ). The application
			 shall be subject to the provisions of 503 CMR 2.07(2)(c) and
			 2.17(1).