310 CMR, § 80.44 - Requirements for a Tank within a Tank

If a new tank is installed inside an existing tank, the Owner shall:

(1) Prior to installing the new tank, the Owner or Operator shall have all the solid and liquid material removed from the existing UST system, in accordance with 310 CMR 80.47, have the existing 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.

(2) Conduct an assessment in accordance with 310 CMR 80.43(4) before the new tank is installed. If the assessment finds contamination requiring notification pursuant to 310 CMR 40.0000: Massachusetts Contingency Plan, the installation of the new tank 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.

(3) Notify the Department that a new tank is being installed inside an existing tank, in a format specified by the Department, within 30 days of the new tank being installed. A copy of the assessment in 310 CMR 80.43(4) shall be submitted with said form.

Notes

310 CMR, § 80.44

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