Current through Register 1531, September 27, 2024
NOTE: Possession of a Certificate of
Compliance does not eliminate the Owner or Operator's obligation to continue to
comply with the day-to-day requirements of the law applicable to the operation
and maintenance of the Underground Storage Tank or Underground Storage Tank
System including, without limitation,
527 CMR 1.00:
Massachusetts Comprehensive Fire Safety Code and
310 CMR 80.00:
Underground Storage Tank (UST) Systems, or any other
applicable requirement of law.
(1) A
Claimant must demonstrate that the Owner or Operator of the UST System from
which the Release occurred was in Full Compliance at the time of the
Occurrence, or for Dispensing Facilities that had an Occurrence before July 1,
1994, at the time an Application for Certificate of Compliance was filed if
filed on or before April 1, 1995, or as otherwise described in 503 CMR
2.07.
(2) Full Compliance described
in 503 CMR 2.07(1) shall be demonstrated in the following ways:
(a) For a UST System operating at a
Dispensing Facility, the Owner or Operator shall submit to the Board an
Application for a Certificate of Compliance, including All Necessary
Information as set forth in 503 CMR 2.07(2)(b) and (c).
(b) In addition to the requirements of 503
CMR 2.07(2)(a), a Board Acceptable Site Assessment (BASA) shall be performed,
unless not required by the Board. The Applicant shall submit:
1. The original BASA together with an
Application for Certificate of Compliance to the Board for approval.
2. The Board shall approve or deny a BASA
within 30 days of receipt or seek further information consistent with the
provisions of
503 CMR 2.00 as the Board
deems necessary.
(c) An
Applicant for a Certificate of Compliance shall submit to the Board:
1. An Application for Certificate of
Compliance filing electronically through DOR's electronic application filing
system or by filing using the form set forth in Appendix 1.
2. The Board shall:
a. approve the application and issue the
Applicant a Certificate of Compliance if the application complies with these
provisions;
b. disapprove the
application if the application fails to comply with these provisions;
or
c. seek further information
consistent with the provisions of
503 CMR 2.00 as the Board
deems necessary.
3. The
Board shall approve or disapprove an Application for Certificate of Compliance
within 30 days of receipt of All Necessary Information.
(d) An Applicant for Renewal of a Certificate
of Compliance shall submit to the Board:
1.
Application for Renewal of a Certificate of Compliance using Appendix 1R or
filed electronically including All Necessary Information;
2. The Board shall:
a. approve the application and renew the
Applicant's Certificate of Compliance if the application complies with
503 CMR 2.00;
b. disapprove the application if the
application fails to comply with
503 CMR 2.00; or
c. seek further information consistent with
the provisions of
503 CMR 2.00 as the Board
deems necessary.
3. The
Board shall approve or disapprove an Application for Renewal of Certificate of
Compliance within 30 days of receipt of All Necessary Information.
4. If the Board does not approve the
Application for Renewal of a Certificate of Compliance, and the Applicant fails
to correct the reasons for disapproval, the Board shall Revoke the Certificate
of Compliance pursuant to 503 CMR 2.07(9).
(e) For a Former Dispensing Facility, Full
Compliance shall be demonstrated by complying with the terms of
503 CMR
2.25.
(f) An Applicant may submit an Application
for a Certificate of Compliance without a BASA between February 1, 1998 and
June 2, 1998, subject to the provisions of 503 CMR 2.07(2)(c) and
2.17(1)
for a Facility that:
1. was a Dispensing Facility on April 1,
1995;
2. as of April 1, 1995 had
not been the subject of an Application for a Certificate of Compliance (or had
applied for a Certificate of Compliance and been rejected); and
3. has remained in continuous operation and
not ceased dispensing Petroleum Product for more than six consecutive months
after April 1, 1995.
(g)
An Applicant may submit an Application for a Certificate of Compliance at any
time together with a BASA (as required by 503 CMR 2.07(2)(b)). The application
shall be subject to the provisions of 503 CMR 2.07(2)(c) and
2.17(1).
(3) If the Board does not approve
or disapprove an Application for Certificate of Compliance or an Application
for Renewal of a Certificate of Compliance within 30 days of receipt of All
Necessary Information, an Applicant may submit to the Board, in support of an
Application for Eligibility, a copy of the Application for Certificate of
Compliance or Application for Renewal of Certificate of Compliance with proof
showing that the 30 day time period has expired. The Applicant must supplement
the Application for Eligibility upon receipt of the approved Certificate of
Compliance.
(4) If a BASA approval
by the Board is required in connection with an Application for Certificate of
Compliance and the Board has not approved or disapproved a BASA within 30 days
of receipt of All Necessary Information, an Applicant may submit to the Board,
in support of an Application for Certificate of Compliance a copy of the BASA
as previously submitted to the Board, with proof showing the 30 day time period
has expired. The Applicant must supplement the Application for Certificate of
Compliance upon receipt of a Board approved BASA.
(6)
Validity of Certificates of
Compliance.
(a) All Certificates
of Compliance shall expire 30 days after the term established by the
Board.
(b) If all USTs and
appurtenances have been Closed and not replaced after July 1,1994, and an
Application for Eligibility has been approved for the Dispensing Facility, a
Certificate of Compliance shall be valid without expiration until the Eligible
Release has been remediated with a permanent solution in compliance with 310
CMR 40.0000: Massachusetts Contingency Plan and all Eligible
Claims arising therefrom have been reimbursed from the Fund. The Claimant shall
submit the form required for registration of a UST System and other UST
documentation requirements of MassDEP to evidence Closure of the UST System. If
an Application for Eligibility is not filed within 365 days of the date of
Closure without replacement of all the UST systems at a Facility, the
Certificate of Compliance shall terminate immediately. If a new UST System(s)
is installed after 365 days from closure, removal, or abandonment, the Owner
may apply for a new Certificate of Compliance in accordance with 503 CMR
2.07(2).
(7)
Certificate of Compliance Enforcement.
(a) If, at any time after the approval of an
Application for Certificate of Compliance the Board obtains information or
discovers that the UST System is not or was not in Full Compliance, the Board
shall notify the Owner in writing. The Board may revoke the Certificate of
Compliance until the UST System is restored to Full Compliance and may, at its
discretion, postpone approval and payment or deny approval and payment for any
Claims relating to a Response Action at the applicable Site listed on the
Certificate of Compliance until the UST System is restored to Full Compliance.
The Board shall note the date of the non-compliance. Within seven days of
notification that the non-compliance has been corrected, the Board shall
reinstate the Certificate of Compliance and may authorize approval or payment
of any Claims or shall notify the Owner that the UST System is not in
compliance.
(b) If the Certificate
of Compliance is revoked, terminated, or expires, the Facility is not in Full
Compliance and, at the discretion of the Board, any Claims arising from the
Facility may or may not be reimbursed for those costs, expenses and obligations
that are incurred, become due or were paid within the time period after
revocation, termination or expiration.
(c) A Certificate of Compliance shall not
expire on the expiration date if a Renewal of Certificate of Compliance for
Dispensing Facilities is pending in the office of the Underground Storage Tank
Program, at the address noted on the UST Program's web site.
(9)
Failure to Renew a
Certificate of Compliance.
(a) A
Certificate of Compliance shall be revoked for failure to renew. Before
revoking the Certificate of Compliance, the Board shall notify the Owner in
writing at the owner's address registered with MassDEP for the Registration of
UST System. The Board shall forward two notices of revocation. The first notice
shall be by United States Postal Service (USPS) Certified Mail, return receipt
requested. The Owner will then have 60 days from the date of receipt of the
first notice to submit a renewal application to the Board. The second
notification shall also be sent USPS Certified Mail, return receipt requested,
30 days after the first notice is issued. Failure to submit a renewal within 60
days of receipt of the first notice shall result in revocation of the
Certificate of Compliance.
(b) If a
Certificate of Compliance has been revoked the Owner or Operator may re-apply
for a Certificate of Compliance according to 503 CMR 2.07(2)(a).
(10)
Revocation of a
Certificate of Compliance.
(a)
Certificate of Compliance may be revoked if the Board determines any of the
following:
1. failure to pay Annual Tank Fees
and late penalties;
2. failure to
pay Delivery Fees and late penalties;
3. failure to be in Full
Compliance;
4. failure to renew the
Certificate of Compliance; or
5.
the facility is no longer a Dispensing Facility.
(b) The Board shall notify the Owner in
writing of the reason(s) for and the effective date of the revocation. The
Board shall forward two notices of revocation. The first notice shall be sent
by USPS Certified Mail, return receipt requested. The Owner shall then have 60
days from the date of receipt of the first notice to correct the reason(s) for
revocation. Failure to correct the reason(s) for revocation within 60 days of
receipt of the first notice will result in a final notice of revocation of the
Certificate of Compliance.
The Board may deny approval and payment of any Claims relating
to a Response Action at the Site listed on the Certificate of Compliance until
the reason for revocation is corrected. At the discretion of the Board, any
Claims arising from the Facility may or may not be reimbursed for those costs,
expenses, and obligations that are incurred within the time period after
revocation.
(c) The Board
shall reinstate the Certificate of Compliance and may authorize the approval or
payment of additional Claims within seven days of notification to the Board
that the reason for revocation is corrected; otherwise the Board shall notify
or will notify the Owner that the Certificate of Compliance remains revoked.
Revocation of a Certificate of Compliance is a final action of the Board for
the purposes of Reconsideration or Conference, as applicable.
