Department Access to UST Facilities and Records

(1) Reasonable Access. (a) For purposes of implementing M.G.L. c. 21O and 310 CMR 80.00, personnel and/or representatives of the Department may, upon presentation of credentials, enter property containing or suspected of containing UST systems in order to: 1. Inspect or obtain samples from any UST system; 2. Conduct monitoring or testing of the tanks, associated equipment, contents of the tank or surrounding soils, air, surface water or ground water; and 3. Have access to, and copy all records, relating to such tanks. (b) Said inspections shall be conducted during normal business hours or at other reasonable times, with or without prior notice, except that personnel or authorized representatives of the Department may enter a UST facility, at any time, if emergency conditions require immediate entry or to protect public health, safety or the environment. (c) For announced inspections, the Department will notify the UST facility no less than 48 hours before the announced inspection. (2) Duty to Comply. (a) The Owner and Operator shall cooperate and assist Department personnel or authorized representative and in no way restrict, impede, or delay an inspection or any request for information by personnel or authorized representatives of the Department where such inspection or request is made pursuant to a reasonable request in accordance with 310 CMR 80.13(1), or in accordance with the conditions of any authorization, determination, modification, permit, or other approval, or pursuant to the terms of any order or other enforcement document, or as otherwise authorized by law. (b) For announced inspections, the Owner or Operator shall provide the necessary personnel in order to provide access to UST records, systems and facilities including, but not limited to, the following: 1. Regulated substance fill port/spill bucket; 2. Automatic tank gauge port and console; 3. Turbine and intermediate sumps; 4. Underground piping/other access ports; 5. Dispenser cabinet/dispenser sump; 6. Audible and visual alarm equipment; 7. Overfill prevention equipment; and 8. Any other component of the UST System if the Department informs the Owner or Operator it needs access to the component at the time the inspection is announced, and excludes any UST system or UST component that would only be visible for inspection if they were excavated. (3) Warrants. If the Department is denied full and complete access to the UST facility or requested information, or if after reasonable efforts, the Department cannot locate the Owner or Operator, the Department may seek, from a court, judge, justice or magistrate, a warrant authorizing personnel or authorized representatives of the Department to conduct a reasonable search of the UST facility or property. 310 CMR 80.13 shall not preclude the Department from gaining access through other legal means, including, but not limited to, a court order or injunctive relief. DESIGN, CONSTRUCTION AND INSTALLATION REQUIREMENTS