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.