To: Head of Fire Departments
From: Stephen D. Coan, State Fire Marshal
Date: January 30, 2003
Re: UST Financial Responsibility per 527 CMR 9.00

The Office of the State Fire Marshal is asking fire departments to assist in ensuring that the owners of underground storage tanks (UST) have and maintain financial responsibility as required by federal and state law (M.G.L. c. 148, §38 and 527 CMR 9.07(N)). Financial responsibility is required to ensure the owner/company can cover cleanup costs in the event of a leak from the UST.

An informational packet from the Environmental Protection Agency explaining the requirements of financial responsibility is enclosed. The financial responsibility can be achieved through a Certificate of Compliance issued by the Department of Revenue (example attached), insurance or other methods to the amount required by federal law. This is covered by section VII of the FP 290.

Remember financial responsibility is a precondition to the operation of the UST pursuant to 527 CMR and is enforced by the local fire department. Please, ensure compliance with 527 CMR 9.07(N) when you renew any permits for UST's regulated by this section and ensure that the owner files updated FP 290 with the Office of the State Fire Marshal.

If you have any questions, please feel free to contact the Code Compliance and Enforcement Unit at 978-567-3300 or at our Western MA office at 413-587-3181.