310 CMR, § 80.34 - Requirements for Compliance Certification
(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:
(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).
(2)
Return to
Compliance. At the time of submission, if the Owner or Operator is
out of compliance with any of the requirements on the Certification Form, the
Owner or Operator shall submit a Return to Compliance (RTC) Plan with the
Certification Form that details what the Owner or Operator will do to return to
compliance and the date by which compliance will be achieved. The RTC Plan
shall include, but not be limited to, actions the Owner or Operator has taken
or will take to come into compliance and remain in compliance with the
requirements of
310 CMR 80.00.
(a) The deficiencies identified in the RTC
plan shall be corrected within 30 days of the submittal of the Certification
Form, unless the RTC plan documents a reasonable basis for why more time is
needed to correct the deficiencies and provides an anticipated completion
date.
(b) If the Department
determines that the proposed completion date is not reasonable, the Department
shall notify the Owner or Operator that deficiencies shall be corrected by a
date earlier than the proposed date.
(c) The Owner or Operator shall notify the
Department, in a format specified by the Department, when the deficiencies are
corrected.
(3)
Certification for Temporarily Out-of-service UST
System. The Owner or Operator of a UST system that is temporarily
out-of-service shall certify compliance with the requirements at
310
CMR 80.42(4).
(4)
New or Newly Regulated UST
Facility. If a UST facility is installed or becomes subject to
310 CMR 80.00 after January
2, 2015, the compliance certification statement is due to Department no earlier
than 16 months and no later than 18 months after the date of registration in
accordance with
310 CMR
80.23.
(5)
Certification
Statement. The Owner or Operator shall comply with the
Certification Statement requirements at
310 CMR
70.03(2):
Certification Statement, except that
310 CMR
70.03(2)(b) and (c) shall
not apply.
Notes
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