310 CMR 80.38
Response to a Release
(1) Nothing in 310 CMR 80.00 shall affect the Owner or Operator notification obligations under
310 CMR 40.0000: Massachusetts Contingency Plan.
(2) In the event of a release from a tank, the Owner or Operator shall empty the tank
immediately, but in no event later than 24 hours of obtaining knowledge of the release and
comply with 310 CMR 80.33, 80.42 or 80.43, as applicable.
(3) In the event of a release from piping, the Owner or Operator shall immediately empty and
isolate the section of pipe determined to have had the release and comply with 310 CMR 80.33,
80.42 or 80.43, as applicable.
80.39 Response to Leakage
(1) In the event of leakage, whether determined by testing, visual inspection or otherwise, the
following steps shall be taken:
(a) If testing, visual inspection or other information has confirmed that the source of the
leakage is the piping, the Owner or Operator shall immediately:
1. Isolate and empty the section of the pipe determined to have leakage until the section
is repaired or replaced; or
2. Take that UST system temporarily out-of-service in accordance with 310 CMR
80.42; or
3. Remove or permanently close in-place the UST system in accordance with 310 CMR
80.43.
(b) If testing has confirmed that the source of the leakage is a particular tank, the Owner or
Operator shall immediately, but in no event later than 72 hours of obtaining the test results,
empty the UST system; and:
1. Repair the tank in accordance with 310 CMR 80.33(2); or
2. Remove the tank in accordance with 310 CMR 80.43(2); or
3. Permanently close-in-place the tank in accordance with 310 CMR 80.43(3).