Certification

(1) Beginning on November 15, 2002 either the owner or operator of an existing or new holding tank shall be required to submit a one-time compliance certification to the Department in accordance with the Environmental Results Program Certification regulations under 310 CMR 70.03(3) on a form prescribed by the Department within the following time line: (a) For Existing Holding Tanks: submit the certification on or before February 15, 2003; (b) For New Holding Tanks: submit the certification within 60 days of installation. (c) a certification shall be deemed approved unless the owner or operator is notified in writing by the Department of deficiencies in the submittal within 60 days of receipt of the certification and fee pursuant to 310 CMR 4.10(11)(a). (2) The owner or operator of the following facilities are not required to submit a certification pursuant to 314 CMR 18.10(1): (a) a facility that uses containers or mobile tanks only and does not use holding tanks to accumulate or store industrial wastewater; (b) a facility that has a Department-issued holding tank plan approval; or (c) dental facilities that have filed a compliance certification pursuant to 310 CMR 73.07: Compliance Certification Requirements for Dental Facilities. (3) Any subsequent owner or operator of a holding tank is not required to submit a certification if a prior owner or operator of that holding tank submitted the certification to the Department as required by 314 CMR 18.10(1), or obtained a written holding tank plan approval from the Department. (4) Any subsequent owner or operator of a holding tank is subject to the holding tank regulations under 314 CMR 18.00 upon acquiring ownership or initiating operation of the holding tank.