Town of North Haven, CT Chapter 155 Petroleum Liquids, Storage of

[HISTORY: Adopted by the Town of North Haven: Art. I, 10-11-1943 Annual Town Meeting; Art. II, 4-6-1988 Special Town Meeting. Amendments noted where applicable.]

Article I Miscellaneous Provisions

[Adopted 10-11-1943 ATM]

§ 155-1 Storage of gasoline.

A. No gasoline or other combustible fluid in excess of five gallons shall be stored in any building, and then only if the same is placed in metal containers with properly sealed tops.

B. No gasoline or other combustible fluid in excess of five gallons may be stored or kept in any building unless approval is first obtained from the Fire Marshal of the respective district of the Town of North Haven.

C. Said application requiring approval by said Fire Marshal shall not apply to gasoline or other combustible fluids in excess of five gallons if the same are stored in underground tanks.

D. Any person who shall violate any provision of this ordinance shall be fined not more than $25 for each violation.

§ 155-2 Storage of kerosene or range oil.

A. Kerosene or range oil, not to exceed 50 gallons and provided that the same is stored in metal containers, may be stored and kept on the premises, provided that the same is stored below the first floor and provided further that access to said containers shall at all times be kept free from any debris or combustible material.

B. No kerosene or range oil in excess of 50 gallons shall be kept, stored or maintained in any part of any building without first obtaining permission to do so from the district Fire Marshal of said town.

C. Any person who shall violate any provision of this ordinance shall be fined not more than $25 for each violation.

Article II Residential Underground Storage

[Adopted 4-6-1988 STM]

§ 155-3 Statutory authority.

This ordinance is adopted by the Town of North Haven under its statutory authority as set forth in Section 7-148 of the Connecticut General Statutes and in the Charter of the Town of North Haven.

§ 155-4 Purpose.

The purpose of this ordinance is to regulate the residential underground storage of oil, gasoline and petroleum liquids to protect the public health, to preserve and maintain the existing and potential groundwater supply; groundwater recharge areas and surface waters within the Town of North Haven and to keep these waters free from contamination.

§ 155-5 Nonresidential storage.

The nonresidential underground storage and handling of oil and petroleum liquids is prescribed in Section 22a-449(d) of the Regulations of Connecticut State Agencies.

§ 155-6 Definitions.

The following definitions are applicable to the interpretation and implementation of this ordinance:

DISCHARGE

The emission of any water, substance or material into the waters of the state, whether or not such substance causes pollution.

FACILITY

A tank or tanks, together with associated piping, pumps and auxiliary equipment, used to store, transmit or dispense oil or petroleum liquids. As used in this ordinance, "facility" refers only to residential underground facilities.

OIL OR PETROLEUM LIQUIDS

Oil or petroleum of any kind in liquid form, including but not limited to waste oils and distillation products such as fuel oil, kerosene, naphtha, gasoline and benzene.

RESIDENTIAL

When referring to a facility, any facility serving any house, apartment, trailer, mobile home or other structure occupied by individuals as a dwelling.

UNDERGROUND

When referring to a facility or facility component, means that 10% or more of the volumetric capacity of the facility or component is below the surface of the ground and not fully visible for inspection. Freestanding basement tanks are not defined as "underground" tanks.

§ 155-7 Reporting to authorities.

A. Owners of existing underground residential facilities which contain or are used to contain fuel oil must, within 90 days after the effective date of this ordinance, report to the Building Inspector the address at which each facility may be found, its physical location with respect to the dwelling served, its approximate capacity and its approximate date of installation. This requirement shall not apply to owners of such facilities if they were installed after January 1, 1972, and are already recorded on the records of the Building Inspector. The Building Inspector shall provide a form substantially in conformance with Appendix A[1] hereto which shall be used to report the required information.

[1] Editor's Note: Appendix A is on file in the office of the Town Clerk.

B. Owners of existing underground residential facilities which contain or are used to contain kerosene, naphtha, gasoline and/or benzene must, within 90 days after the effective date of this ordinance, report to the Fire Marshal, on the form referred to in Subsection A above, the address at which each tank may be found, its physical location with respect to the dwelling served, its approximate capacity and its approximate date of installation. This requirement shall not apply to owners of such facilities if they were installed after January 1, 1972, and are already recorded on the records of either the Building Inspector or the Fire Marshal.

§ 155-8 Leaks and spills.

A. If there is evidence of possible leakage from a facility, such as odor of gasoline or oil infiltration in the soil, or if exposed portions of the facility or its pipes and fittings show evidence of serious corrosion, the Building Inspector (in the case of a fuel oil facility) or the Fire Marshal (in the case of a kerosene, naphtha, gasoline or benzene facility) may require the owner of such underground residential oil or petroleum liquid facility to test it for leaks.

B. Any leak from an underground residential oil or petroleum liquid facility constitutes a prohibited discharge which must be reported to the state police immediately and within 24 hours to the Building Inspector (in the case of a fuel oil facility) or the Fire Marshal (in the case of a kerosene, naphtha, gasoline or benzene facility). The owner must empty the tank at the earliest possible date. Within 60 days the owner must permanently discontinue use of the tank; have it repaired by a proven method, such as pursuant to the Recommended Practice for Interior Lining of Existing Steel Underground Storage Tanks, published by the American Petroleum Institute, provided that such repair must be guaranteed against leakage, in writing, for at least 10 years by a recognized tank repair company; or have it replaced by an aboveground facility or by an underground facility which meets the requirements of § 155-9. No facility may be repaired more than one time.

C. In the event of a leak or spill, the owner must immediately cease the discharge and recover the spilled liquid and any other substance (soil or water) contaminated by it. The owner shall be required to restore the environment to a condition and quality acceptable to the Commissioner of Environmental Protection.

§ 155-9 Design requirements.

All new underground residential oil and petroleum liquid facilities shall conform to the design and construction requirements of existing state laws and regulations pertaining to nonresidential underground petroleum storage and shall be reported to the Building Inspector (in the case of a fuel oil facility) or the Fire Marshal (in the case of a kerosene, naphtha, gasoline or benzene facility) on the form referred to in § 155-7A hereof within 30 days of their installation.

§ 155-10 Enforcement.

A. Right of entry. The Building Inspector and the Fire Marshal may enter upon private property for the purpose of making inspections and determining compliance with this ordinance.

B. Penalty. Any person who violates a provision of this ordinance shall be subject to a fine of not more than $100 per day for each day or portion thereof during which a violation continues. Upon the request of the Building Inspector or the Fire Marshal, the Town Counsel shall take such legal action as may be necessary to enforce this ordinance, including the seeking of injunctive relief, and may recover the costs, including legal fees, of such action.