310 CMR, § 80.43 - Requirements for Removal and Permanent Closure In-place
(1) Owners and Operators shall comply with
the requirements in 310 CMR 80.43.
(2)
Requirements for Removal of a
UST System.
(a) Prior to removal
of a UST system, the Owner or Operator shall have all the solid and liquid
material removed from the UST system, in accordance with
310 CMR
80.47, have the UST system rendered inert and
shall secure all openings. The Owner or Operator shall manage and dispose of
all solid and liquid material removed from the UST system in accordance with
all applicable federal, state and local laws and regulations.
(b) The Owner or Operator shall conduct an
assessment in accordance with 310 CMR 80.43(4) within 24 hours after the UST
system is removed, but prior to backfill of the excavation area.
(c) The Owner shall notify the Department, in
a format specified by the Department, that the UST system was removed, within
90 days of removal in accordance with
310 CMR
80.23(2)(d). A copy of the
assessment in 310 CMR 80.43(4) shall be submitted with said
form.
(3)
Requirements for Permanent Closure-in-place.
(a) No Owner or Operator shall permanently
close a UST system in-place unless it is determined to be located under a
building and cannot be removed from the ground without first removing the
building, or is so located that it cannot be removed from the ground without
endangering the structural integrity of another UST system, structure,
underground piping or underground utilities.
1. Such a determination shall be made by a
licensed professional civil or structural engineer, and shall be signed, sealed
and submitted to the Department with supporting documentation prior to the UST
system Owner or Operator commencing UST system closure activities. The
determination shall include, at a minimum, sketches, photos, a scaled site
plan, a scope of work for the environmental assessment to be conducted pursuant
to 310 CMR 80.43(4), a detailed, written determination of why the UST system
cannot be removed, and a schedule for completion.
2. If the Department does not notify the
Owner within 30 days, the Owner or Operator may proceed with the
closure-in-place if it has complied with 310 CMR 80.43(3)(a)1.
3. The Owner or Operator shall have all solid
and liquid material removed from the tank, in accordance with
310 CMR
80.47 and shall have the tank filled with
clean sand, concrete slurry mix or another inert material if such other
material is approved by the Department in writing prior to filling the tank.
The Owner or Operator shall manage the solid and liquid material removed from
the tank in accordance with all applicable federal, state and local laws and
regulations.
(b) Before
permanent closure-in-place commences, the Owner or Operator shall conduct an
assessment in accordance with 310 CMR 80.43(4). If the assessment finds
contamination requiring notification pursuant to 310 CMR 40.0000:
Massachusetts Contingency Plan, the filling of the UST system
for permanent closure-in-place 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.
(c) The Owner shall notify the Department in
accordance with
310 CMR
80.23(2)(e), in a format
specified by the Department that the UST system was closed-in-place, within 90
days of the UST system being filled. A copy of the assessment in 310 CMR
80.43(4) shall be submitted with said form.
(4)
Assessment.
(a) The Owner or Operator shall measure for
the presence of a release of regulated substances where contamination is most
likely to be present in the subsurface. To determine sampling location(s),
sample types, field screening techniques and analytical methods, the Owner or
Operator shall consider the regulated substance stored in the UST system and
its characteristics; the type of backfill in the area; the depth to groundwater
and direction of ground water flow, the distance to surface water bodies. and
any other factors appropriate for identifying the presence of a
release.
(b) A photo ionization
detector (PID) or flame ionization detector (FID) shall be employed in the
field to detect for the presence of a release, if the regulated substance can
be detected by a PID or FID.
(c) If
the Owner or Operator obtains knowledge of a release, the Owner or Operator
shall comply 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: Massachusetts Contingency
Plan.
(5) The
Department may require removal or permanent closure in-place of a UST system at
any time that it determines the UST system is abandoned or poses a threat to
public health, safety or the environment.
(6) Owners and Operators shall demonstrate
compliance with the requirement for permanent closure by maintaining
records/documentation in accordance with
310 CMR
80.36.
(7) The Owner or Operator may need to obtain
a permit from the fire department in which the UST system is located for
closure or relocation of a UST system pursuant to M.G.L. c. 21O, § 1. It
is the responsibility of the Owner or Operator to obtain any required
permit(s).
Notes
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