[HISTORY: Adopted by the Board of Health of the Town of Eastham 3-5-2020. Amendments noted where applicable.]
A. 
Whereas, leaking fuel storage systems pose an immediate and serious threat to Cape Cod's sole source aquifer; and
B. 
Whereas, the Town of Eastham does not have records to locate all such systems installed within the Town.
C. 
Therefore, under Chapter 111, Section 31, of the Massachusetts General Laws, the Eastham Board of Health hereby adopts the following revised regulation to protect the ground and surface waters from contamination with liquid toxic or hazardous materials.
As used in this chapter, the following terms shall have the meanings indicated:
ABOVEGROUND TANK (AGT)
Any tank located above the ground to store fuel oil for the purpose of heating.
TOXIC OR HAZARDOUS MATERIALS
All liquid hydrocarbon products including, but not limited to, gasoline, radioactive materials or other substance controlled as being toxic or hazardous under the provisions of MGL c. 21C, § 1 et seq.
The following regulations apply to all toxic or hazardous material storage systems:
A. 
Underground storage tanks.
(1) 
All underground fuel oil storage tanks shall be prohibited within the Town of Eastham.
(2) 
Any existing underground fuel oil storage tanks must be removed in compliance with the Fire Department permits and regulations.
B. 
Aboveground storage tanks (AGT).
(1) 
All aboveground fuel oil storage tanks (inside and outside) installed shall be required to provide 110% containment capacity to prevent contamination from leaks that may occur. Exterior fuel oil storage tanks must be covered with substantial impermeable construction material to prevent water accumulation within the containment in such a way that it satisfies the Board of Health and the Fire Department. The area beneath the exterior shall be four-inch-thick continuous concrete slab. Double-walled fuel oil storage tanks could be substituted for containment devices. The fuel oil storage tank or containment device must be approved by the Fire Department before installation occurs.
(2) 
At time of property transfer all AGTs shall be required to be replaced with double-walled fuel oil storage tanks or shall be required to provide 110% containment capacity to prevent contamination from leaks that may occur. Exterior fuel oil storage tanks must be covered with substantial impermeable construction material to prevent water accumulation within containment in such a way that it satisfies the Board of Health and the Fire Department. The area beneath the exterior tank shall be four-inch-thick continuous concrete slab. All aboveground elements of a fuel storage system shall be maintained free of leaks and visible rust.
(3) 
All underground fuel copper lines which do not have secondary containment shall be replaced with an approved double-containment system at which time any service to the system requiring a permit is performed or whenever property ownership is transferred if lines are underground including basement foundations.
(4) 
All in-tank or interstitial-space monitoring systems shall be checked on a monthly basis to verify system integrity.
(5) 
All tanks installed above ground outside shall be of material approved for outside use.
The following regulations shall apply to:
A. 
All tanks containing fuel oil, whose contents are used exclusively for consumption on the premises; and
B. 
Farm and residential tanks of 1,100-gallon capacity, or less, used for storing motor fuel for noncommercial purposes.
(1) 
Owners shall have on file with the Board of Health or the Fire Department the size, type, age and location of each tank, and the type of fuel or chemical stored in them. Evidence of date of purchase and installation, including Fire Department permit, if any, shall be included along with a sketch map showing the location of such tanks on the property. Upon registering the tank, the tank owner will receive a permanent metal or plastic tag, embossed with a registration number unique to that tank. This registration tag must be affixed to the fill pipe or in such a location as to be visible to any distributor when filling the tank and to any inspector authorized by the Town.
Any person who is aware of a spill, loss of product, or unaccounted for increase in the consumption which may indicate a leak shall report such spill, loss or increase immediately to the head of the Fire Department and to the Board of Health.
In every case, the owner shall assume the responsibility for costs incurred necessary to comply with this regulation.
Variances from this regulation may be granted by the Board of Health after a hearing at which the applicant establishes the enforcement thereof would do manifest injustice.
Any owner or operator who violates any provision of this regulation shall be subject to the penalties provided under MGL c. 111 § 31, as amended. Each day during which such violation continues shall constitute a separate offense. Upon request of the Chief of the Fire Department or the Board of Health, the licensing authority shall take any legal action as may be necessary to enforce the provisions of this regulation.
If any provision of this regulation is declared invalid by a court of competent jurisdiction, such invalidity shall not affect any remaining provisions of this regulation. Any part of these regulations subsequently invalidated by a new state law or modification of an existing state law shall automatically be brought into conformity with the new or amended law and shall be deemed to be effective immediately.