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).