310 CMR, § 80.33 - Requirements for Repairs and Replacements

(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.

(2) A tank that has leakage of regulated substance shall be immediately emptied, but in no event shall be emptied later than 72 hours of obtaining knowledge of the leakage.

(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.

(3) Any piping or portion of piping that is the source of leakage or a release shall be immediately isolated and emptied of regulated substance. The piping shall remain empty until said piping or portion of piping is repaired or replaced or the UST system is permanently closed in-place or removed in accordance with 310 CMR 80.43(2) or (3).

(a) Metal piping, portions of metal piping, and fittings that have had leakage or a release as a result of corrosion or other damage shall be replaced.

(b) The Owner and Operator shall comply with 310 CMR 40.0000: Massachusetts Contingency Plan, if applicable.

(4) The Owner or Operator shall repair or replace UST systems and UST components within 30 days of the discovery of the need for repair or replacement, unless the UST system is taken temporarily out-of-service, removed or permanently closed in-place, in accordance with 310 CMR 80.42 or 80.43, within 30 days of the discovery of the need for the repair or replacement.

(a) If a longer timeframe for a repair is provided in a specific section of 310 CMR 80.00, the longer timeframe shall apply to that specific repair.

(b) The Owner or Operator shall document the discovery date of the need for repair or replacement. This documentation shall be retained in accordance with 310 CMR 80.36.

(c) If, due to circumstances beyond the Owner and Operator's control, the repair or replacement cannot be conducted within 30 days of the discovery of the need for said repair or replacement, the Owner or Operator shall notify the Department, in writing, within 30 days of the discovery of the need for a repair or replacement, information detailing the circumstances and a schedule for implementing the repairs or replacements.

(5) The Owner or Operator shall ensure that any repair of a UST system or UST component is performed by a qualified individual, in accordance with the manufacturer's specifications, 310 CMR 80.00 and applicable codes and standards.

(6) If a repair is made to the tank or the piping, the Owner or Operator shall ensure that the tank or piping is tightness tested in accordance with 310 CMR 80.32 within 30 days following the date of the completion of the repair.

(7) The Owner or Operator shall maintain records of every UST system or UST component repair, including, but not limited to, a description of the repair or replacement and the date of said repair, for the remaining operating life of the UST system in accordance with 310 CMR 80.36.

Notes

310 CMR, § 80.33

Adopted by Mass Register Issue S1277, eff. 1/2/2015. Amended by Mass Register Issue 1453, eff. 10/1/2021.