MassDEP Notices of Noncompliance
Massachusetts is getting serious about tank inspections and making sure that all tank owners have the proper permits, licenses and tests. We are seeing more notices of noncompliance with M.G.L. Chapter 210 and 527 CMR 9.00 going out to tank owners for items that most people thought they had covered. It’s not just tank monitoring certification, or tank and line tightness testing reports that are being checked during field inspections. When a facility fails to produce documentation that shows they have been monitoring water entry in to the fuel tank, or doesn’t have documentation to show insurance or 21J Fund coverage, it can result in a Notice of Noncompliance. The tank operator is then given between 30 and 45 days to rectify these oversights, or an administrative penalty may be assessed for every day after the date of receipt that the noncompliance continues.
MassDEP maintains the UST database, tracks the dates of tank inspections, and keeps a list of qualified Third-Party Inspectors (TPI) for underground storage tanks. If you need copies of Form FP-289 or FP 290 you can access them at MassDEP Service Center. You can also go to our Third-Party Inspection page to get more details about documents you should have ready for a successful tank inspection.