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:

(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).

(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

310 CMR, § 80.34

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