310 CMR 70.03 - Compliance Certification Requirements
(1)
Schedule for Submission of
Compliance Certification.
(a)
The owner or operator of each ERP facility or unit shall submit a certification
in accordance with
310 CMR
70.03(2) and thereafter
shall submit, as applicable, a periodic compliance certification in accordance
with the schedule set forth herein for the specific type of ERP facility or
unit.
(b) The owner or operator of
each ERP facility or unit, except underground storage tank systems subject to
310 CMR 80.00: Underground Storage Tank (UST) Operator
Training, shall submit a compliance certification in accordance with
310 CMR
70.03(1) and (2) within 60
days of:
1. the commencement of operation of
a new ERP facility or unit; except for boiler(s) subject to
310 CMR
7.26(30): U Boilers
- Applicability that must submit a certification in accordance with
the schedule in
310 CMR
7.26(32):
Certification;
2.
the recommencement of operation of an ERP facility or unit for which no
certification was submitted during the year prior to recommencement; except for
boiler(s) subject to
310 CMR
7.26(30): U Boilers
- Applicability that must submit a certification in accordance with
the schedule in
310 CMR
7.02(3)(m):
Reactivating an Inactive Emission Unit; or
3. acquiring an ERP facility or unit unless
exempted from this requirement pursuant to
314 CMR
18.10(3).
(c) If a periodic compliance
certification is required, then the owner or operator of the ERP facility or
unit shall submit the compliance certification by the end of each certification
period unless a statement of non-applicability is submitted to the Department
on a form prescribed by the Department.
(d) Notwithstanding
310 CMR
70.03(1)(a) and (b), a photo
processor holding a permit from the Massachusetts Water Resources Authority
pursuant to 360 CMR 10.000: Sewer Use is deemed to hold the
equivalent of an ERP certification and is not required to file a one-time
compliance certification pursuant to 310 CMR 70.00 and 71.00:
Industrial Wastewater Regulations for Photo Processors, but
such a photo processor is required to pay an annual compliance fee to the
Department pursuant to 310 CMR 4.00: Timely Action Schedule and Fee
Provisions.
(e) A photo
processor located in the service area of the Massachusetts Water Resources
Authority and which hauls or ships photo processing waste off-site is required
to file onetime compliance certification pursuant to 310 CMR 70.00 and 71.00:
Industrial Wastewater Regulations for Photo
Processors.
(f) Owners or
operators of the following types of ERP facilities or units shall submit a
periodic compliance certification to the Department by September
15th of each year except as provided in
310 CMR
70.03(h):
1. dry cleaners subject to
310 CMR 7.26(10)
through (16); and
2. printers, with the exception of very small
pronters, subject to
310 CMR 7.26(20)
through (29).
(g) The owner or operator of the following
types of ERP facilities or units shall submit a periodic or one-time compliance
certification in accordance with the following schedules:
1. The owner or operator of a facility with
boilers subject to
310 CMR
7.26(30): U Boilers
- Applicability shall submit a one-time certification in accordance
with the schedule set forth in
310 CMR
7.26(32):
Certification.
2.
The owner or operator of an industrial wastewater holding tank shall submit to
the Department a one-time certification in accordance with the schedule and
conditions set forth in
314 CMR 18.10:
Certification.
3.
The owner or operator of a photo processor subject to 310 CMR 71.00:
Industrial Wastewater Regulations for Photo Processors shall
submit a one-time certification in accordance with
310 CMR
70.03(1)(b).
4. The owner or operator of a very small
printer as defined in
310 CMR 7.26(22)
shall submit a one-time certification in
accordance with
310 CMR
70.03(1)(b).
5. The owner or operator of a dental facility
subject to 310 CMR 73.00: Amalgam Wastewater and Recycling Regulations
for Dental Facilities shall submit a certification in accordance with
the schedule and conditions referenced in
310 CMR
73.07: Compliance Certification
Requirements for Dental Facilities.
6. An owner or operator of an engine or
combustion turbine subject to
310 CMR 7.26(40)
through (44) shall submit a certification in
accordance with the schedule and conditions set forth in
310 CMR
7.26: Industry Performance
Standards.
7. Scrap
recycling facilities, vehicle recyclers and vehicle manufacturers subject to
310 CMR 74.00: Removal and Recycling of Mercury-added Components in
Vehicles shall submit certification forms in compliance with the
applicable schedules and conditions referenced in
310
CMR 74.09: Submittal of Compliance
Certifications and Reports to the Department.
8. Manufacturers of mercury-added products
and lamps subject to 310 CMR 75.00: Collection, Recycling, Labeling,
and Sales Ban of Mercury-added Products, shall submit certification
forms in compliance with the applicable schedules and conditions referenced in
310 CMR
75.04: Plans for Collecting and
Recycling Mercury-added Products.
(h) The
Department may determine a schedule, less frequently than the schedule in
310 CMR
70.03(1)(f), for submission
of periodic compliance certifications, based on the following criteria:
1. the size, composition and activities of
the ERP sector;
2. the quantity and
types of (toxic) materials used and potential wastes, emissions and discharges
of the ERP sector;
3. the degree of
compliance with established regulatory requirements by the ERP
sector;
4. the degree of control
over the environmental and public health aspects of activities by the ERP
sector; and
5. any other relevant
information regarding the environmental consequences of the periodic compliance
certifications and return to compliance response rates and results within the
ERP sector.
The Department will notify the public and affected businesses by publishing a notice in the Massachusetts Environmental Policy Act Monitor and may also notify an ERP sector through industry trade associations, the Department's website and other appropriate cost effective methods of changes in the ERP sector's certification schedule.
(2)
Certification Statement. The Responsible Official for
each ERP facility or unit shall submit a compliance certification. Each
compliance certification shall be on a form prescribed by the Department and
shall address compliance with standards to which the ERP facility or unit is
subject. The certification form may include specialized forms for specific
categories of ERP facilities or units, and any owner/operator required to
submit a certification pursuant to
310 CMR
70.03 shall submit all applicable forms. The
compliance certification shall:
(a) state
whether the ERP facility or unit is in compliance with the applicable standards
as listed on the certification form;
(b) identify any violations that occurred and
the date of such violations within the certification period prior to the due
date of the certification statement including, but not limited to, any
notifications required pursuant to M.G.L. c. 21E, ยง 7 and
310
CMR 40.0300: Notification of Releases
and Threats of Release of Oil and Hazardous Materials; Identification
and Listing of Oil and Hazardous Materials (releases and threats of release of
oil and/or hazardous material), and any reporting of violations required
pursuant to
310 CMR
7.02(6): Aggregated
Emissions (air pollution control equipment failures),
314 CMR
12.03(8) (emergency
bypasses to sewer treatment works),
310
CMR 30.520: Basis for Tier
Classification (hazardous waste contingency plans) and the terms and
conditions of any permits issued by the Department; and
(c) state what the owner/operator will do to
return to compliance and the date by which compliance will be achieved;
and
(d) include the following
statement: "I, [name of responsible official], attest under the pains and
penalties of perjury:
1. that I have
personally examined and am familiar with the information contained in this
submittal, including any and all documents accompanying this certification
statement;
2. that, based on my
inquiry of those individuals responsible for obtaining the information, the
information contained in this submittal is to the best of my knowledge, true,
accurate, and complete;
3. that
systems to maintain compliance are in place at the facility or unit and will be
maintained even if processes or operating procedures are changed; and
4. that I am fully authorized to make this
attestation on behalf of this facility or unit. I am aware that there are
significant penalties, including, but not limited to possible fines and
imprisonment, for submitting false, inaccurate, or incomplete
information."
(e)
provide any other information pertaining to the facility which the Department
requires.
Notes
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