Town of Barnstable, MA
Barnstable County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Barnstable Board of Health (Part III of the 1991 Codification as updated through 6-1-1996). Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous Materials — See Ch. 108.
Toxic and Hazardous Materials — See Ch. 381.

§ 326-1 Purpose and scope.

This regulation shall apply to the design, construction, installation, testing, and maintenance of tanks and containers. The intent is to protect our drinking water and other water resources from contamination. The Town's entire drinking water supply is derived from groundwater, and the United States Environmental Protection Agency has designated all of Cape Cod as a "sole source aquifer" requiring special care and protection. The regulation is also intended to protect the public from the dangers of fire and/or explosion due to tank or container leakage of flammable liquids. This regulation is based on and derived from 527 CMR 9.00, but regulates matters not covered in 527 CMR 9.00, and regulates some matters more stringently than 527 CMR 9.00.

§ 326-2 Definitions.

For the purpose of this regulation, the following terms shall have the meanings assigned to them:
ABANDONED
Out of service for a continuous period in excess of six months in the case of storage facility for which a license from the local licensing authority is required under the provisions of MGL C. 148, § 13, and for a period in excess of 24 months in the case of any other storage facility.
APPROVED
Approved by the Board of Health and Fire Chief.
BOARD
The Board of Health.
CATHODIC PROTECTION
A system which inhibits the corrosion of a tank or its components either through the sacrificial anode or the impressed current method of creating a corrosion-inhibiting electrical current. (Reference: API (American Petroleum Institute) Publication 1632, First Edition 1983)
COMMERCIAL TANK
Any tank utilized for nonconsumptive purposes.
COMPONENTS
Piping, pumps, and other related storing, conveyancing and dispensing elements which, together with one or more tanks any cathodic protection or monitoring system, constitute a storage facility.
ENGINEER
A Massachusetts registered professional engineer.
EXISTING FACILITY
A facility whose construction, installation, or operation began prior to the effective date of this regulation.
FIRE CHIEF
The chief of the fire district in which a tank is or is to be located.
FLAMMABLE LIQUID
Any liquid occurring at normal temperature and pressure which will emit a vapor which can be ignited by a flame or spark. (Reference: 527 CMR 14.00)
FUEL OIL
Oil of grade Nos. 1, 2, 4, 5, and 6 established in accordance with MGL C. 94, § 249H.
LEAKAGE or LEAK
Any uncontrolled movement, measurable by a final or precision test, as described in the current Pamphlet No. 329 of the National Fire Protection Association, which can accurately detect a leak of 0.05 gallon per hour or any uncontrolled movement of water into a tank or its components.
MONITORING SYSTEM
A full-time approved system installed for the purpose of early detection of leaks, such as observation wells, visual or audible alarms, or their equivalent. Minimum standards of in-tank monitoring systems shall consist of in-tank equipment which provides continuous monitoring of any liquid from the tank at a minimum rate of 0.05 gallons per hour or equivalent leakage over a longer period of time.
OBSERVATION WELL
A dug or drilled cased well which can be used for detecting the presence of flammable liquids, which is drilled to a depth intercepting the water table, and which is installed and maintained in an approved manner.
OPERATOR
The lessee of a storage facility, or the person or persons responsible for the daily operation of a storage facility.
OUT OF SERVICE
Not in use in that no filling or withdrawal is occurring.
OWNER
The person or persons or government entity having legal ownership of a storage facility.
PERSON
Any agency or political subdivision of the federal government or Commonwealth of Massachusetts; any state, public or private corporation or authority, individual, trust, firm, joint-stock company, partnership, association or other entity; and any officer, employee or agent of said person, and any group of said persons.
PRODUCT LINE LEAK DETECTOR
A device designed to detect product or pressure losses in a pressurized product line of a remote pumping system.
PSI
Pounds per square inch gauge.
QUALIFIED PERSON
A representative certified by the manufacturer of the product being installed or tested.
REMOTE PUMPING SYSTEM
A pressurized product line system in which flammable liquids are supplied to a point away from the tank by means of a pumping unit.
REPLACEMENT AND SUBSTANTIAL MODIFICATION
The construction of any additions to an existing storage facility, or any restoration, refurbishment, or renovation which significantly impairs or affects the physical integrity of the storage facility or its monitoring system.
SECONDARY CONTAINMENT or EQUIVALENT PROTECTION
Techniques that may include impervious liners, double-walled tanks, or equivalent methods approved by the Board of Health and the Fire Chief.
STORAGE FACILITY
One or more tanks at a particular site, together with all components thereof, used or designed to be used for the underground storage of toxic, hazardous or flammable liquids.
TANK
Any structure above- or below ground used or designed to be used for the storage of any liquids other than water.
UL-LISTED
Included in a current list or report of approved equipment, materials, or methods published by Underwriters Laboratories, Inc.
UNDERGROUND STORAGE
Where 10% or more of the tank volume and piping is buried below the ground surface but which shall not include storage in a freestanding container within a building.
WATER SUPPLY
Any existing or potential source of potable water as identified by the local water authority.
ZONE OF CONTRIBUTION
Designated area contributing to public supply wells, on a map showing state-approved Zone II locations and Town-designated zones of contributions, entitled "Zones of Contribution to Public Water Supply Wells, Town of Barnstable, Massachusetts," dated February 1, 2006, and prepared by Town of Barnstable G.I.S. Unit.
[Amended 2-28-2006]

§ 326-3 Regulations more stringent than or in addition to state regulations.

This section is intended to be in addition to and more restrictive than the provisions of 527 CMR 9.00 et seq.
A. 
Documentation.
(1) 
The design, construction and history of every tank shall be completely documented. On or before May 31, 1988, every owner of an underground fuel or chemical storage system shall file with the Board of Health and the Fire Chief a notice disclosing the size, type, age and location of each tank and the type of material stored. Evidence of date of purchase and installation, including the permit from the Fire Chief, shall be included, along with a sketch map showing the location of such tanks on the property. See Regulation 22.
(2) 
In zones of contribution, tanks without complete documentation shall be removed forthwith. Outside of zones of contribution, tanks without complete documentation shall be properly tested forthwith and annually thereafter. If any such test reveals leakage or at the end of five years from the effective date of this regulation, whichever occurs first, such tank shall be removed.
B. 
Existing tanks. This subsection shall apply to tanks in place on the effective date of this regulation and for which complete documentation as described in Subsection A is available. Within zones of contribution, such tanks, that do not satisfy the construction requirements of Subsection D of § 326-8, may be maintained for 20 years, provided that proper testing reveals no leakage. Outside of zones of contribution, such tanks, that do not satisfy the construction requirements of Subsection D of § 326-8, may be maintained for 30 years, provided that proper testing reveals no leakage.
[Amended 2-28-2006]
C. 
No tanks. No underground tank shall be installed after the effective date of this regulation without the permission of the Board of Health. Such permission shall be granted only with respect to commercial tanks outside zones of contribution.
D. 
Replacement tanks. No underground tank shall be installed without the permission of the Board of Health. Such permission shall be granted only with respect to commercial tanks.
E. 
All applicants proposing installation of the underground fuel or chemical storage tanks shall file plans therefor with the Board of Health prior to obtaining a permit from the Fire Department or the Board of Selectmen.
F. 
All tanks shall be properly tested according to these regulations. Any tank which fails a test shall be removed forthwith.
G. 
All suppliers of fuel oil or other petroleum products shall provide a listing of the names and addresses of customers with underground fuel tanks upon the request of the Board of Health or the Fire Chief.
H. 
All underground fuel or chemical tanks must have a permanent tag issued by the Board of Health affixed to the fill pipe.
I. 
All suppliers of fuel oil or other petroleum products shall notify the Board of Health and the Fire Chief whenever they are required to fill an underground tank which is not identified by a tag.
J. 
Any spill or loss of fuel shall be reported immediately to the Fire Department and within two hours to the Board of Health.
K. 
New tank installations shall not be permitted within five feet of the maximum high-water table or within 500 feet of a surface water body. The maximum groundwater elevation shall be determined by utilizing the formula contained in the United States Geological Survey publication, "Estimating Highest Groundwater Levels for Construction and Land Use Planning — a Cape Cod Massachusetts Example," dated September 1983, or by observing the height of the groundwater table when it is at its maximum level or elevation. Maximum groundwater determinations shall be made during the wettest season of the year normally March or April. Allowances shall be made for high water level if the Board of Health permits the determination to be made outside the wettest season. Replacement tanks shall comply with this section insofar as practicable.
L. 
Underground fuel or chemical storage tanks are prohibited in zones of contribution to public supply wells, except as permitted in Subsection M.
M. 
Zones of contribution include those land areas which contribute recharge (precipitation which has percolated to the water table) to public water supply wells. The boundaries of zones of contribution shall be determined by the Board.
N. 
Underground fuel and chemical storage systems are prohibited within 500 feet of a private water supply.
O. 
Underground fuel and chemical storage tanks and systems, in place on the effective date of this regulation and 20 years of age or older, located in zones of contribution to public supply wells, that do not satisfy the construction requirements of Subsection D of § 326-8, shall be removed under the direction of the Fire Chief.
[Amended 2-28-2006]
P. 
Underground fuel and chemical storage tanks and systems 30 years of age or older, that do not satisfy the construction requirements of Subsection D of § 326-8, shall be removed under the direction of the Fire Chief.
[Amended 2-28-2006]

§ 326-4 Pressure vessels.

The construction of any tank subject to pressure in addition to the static head pressure shall conform to good engineering practice. NOTE: A tank built in accordance with the requirements of the current American Society of Mechanical Engineers Unfired Pressure Vessels Code will be approved by the Commissioner. A tank to be used for storage of petroleum products built in accordance with the requirements of the American Society of Mechanical Engineers Unfired Pressure Vessels Code or the American Petroleum Institute Unfired Pressure Vessels Code will be approved by the Commissioner.

§ 326-5 Aboveground fuel storage tanks.

All above-ground fuel storage tanks shall have the following:
A. 
Provisions shall be made to protect the tanks from the elements. Rustproofing must be applied to all tank surfaces.
B. 
Every aboveground fuel and chemical storage tank shall be placed and secured onto a foundation capable of supporting the tank. The foundation must be larger than the size of the tank in length and width to prevent spillage and leakage onto pervious surfaces.
C. 
The tanks shall be securely anchored.
[Added 7-5-1988, effective 7-6-1988]

§ 326-6 Material and construction for all tanks and containers.

A. 
All materials used in the construction of any tank shall be suitable for the purpose, and such tank or container shall be designed and constructed to withstand any normal stress to which it may be subjected.
B. 
Every tank shall be supported by a foundation capable of supporting the tank.
C. 
Any vertical metal tank of over 10,000 gallons capacity shall be of such material and construction as to give a factor of safety of not less than 2.62. The thickness of any shell or bottom plate shall be not less than 3/16 inch and the thickness of any roof plate not less than 1/8 inch. The thickness of shell plates shall be figured in accordance with the following formula:
t = 2.604 x (H - 1) x D x F x S / T x E
in which
t
=
Thickness of plate in inches.
H
=
Height of tank in feet above the center line of the lower horizontal joint of the ring under construction.
D
=
Diameter of tank in feet.
F
=
Factor of safety.
S
=
One or the specific gravity of the fluid, whichever is the greater.
T
=
Tensile strength of plate psi.
E
=
Efficiency of vertical joint. (For double-welded butt joint E shall not exceed 0.75.)
D. 
Tanks may be constructed of other than standard open-hearth steel tank plate when approved by the Fire Chief. Such approval will specify minimum gauges, lengths, diameters, and materials of the tanks. The requirements of the manufacturer shall be closely followed when said tanks are installed. All piping connected thereto shall otherwise comply with all pertinent sections of this regulation as they would apply to steel tanks.

§ 326-7 Soil vapor analysis test contamination found; order to remove.

[Added 11-26-1991, effective 12-5-1991]
A. 
Once a tank owner receives notification that contamination was found and that his/her underground fuel storage may be leaking, the owner has the option to:
(1) 
Have the tank removed within 21 days of receipt of the contamination notification; or
(2) 
Have the tank precision tested within 14 days of receipt of the contamination notification; or
(3) 
The tank owner shall prove the tank is not leaking by some other means approved by the Board of Health within 14 days of receipt of the contamination notification.
B. 
If the tank is found to be leaking, the tank contents shall be emptied immediately. The tank shall be removed within six months, if the Town requires a license to own said tank. The tank shall be removed within 24 months if no license is required to own the tank or if the tank is located above ground and has a capacity under 10,000 gallons.

§ 326-8 Design and construction of new or replacement underground tanks.

A. 
All new and replacement tanks must be equipped with a metallic or nonmetallic striker plate attached to the bottom of the tank at each opening. Such striker plate shall be at least 12 inches by 12 inches in area and at least 1/4 inch thick.
B. 
Underground tanks shall be designed and built in accordance with approved engineering standards for the materials of construction being used, and in accordance with § 326-6 of this regulation.
C. 
A tank having a capacity of over 10,000 gallons shall be provided with a manhole. A full-face cover gasket shall be provided on the manway cover. An opening in the shell plate of a vertical tank for a manhole, nozzle or other similar opening shall be reinforced to compensate for the metal removed. Such an opening in the shell plate of a horizontal tank shall likewise be reinforced when the tank is subject to any pressure in addition to head pressure.
D. 
All tank shall be designed and constructed to minimize the risk of corrosion and leakage. The following tank construction shall be approved:
(1) 
UL-listed double-walled steel tank with cathodic protection or bonded fiberglass coating and with electrical isolation, a vacuum or air pressure in the interstitial space with continuous monitoring of the vacuum or air pressure.
(2) 
UL-listed fiberglass reinforced plastic (FPR) double-walled with a hydrostatic pressure monitoring system approved by the Board and the Fire Chief. The tank must be constructed using materials compatible with the product stored therein.
(3) 
Any other state-of-the-art type of tank construction providing equal or better protection against leakage other than the above-mentioned tanks if approved by the Fire Chief and the Board of Health.
E. 
The owner of any underground fuel or chemical storage tanks that do not satisfy the construction requirements of Subsection D of this section shall have each tank and its piping tested at the owners' expense during the 10th, 13th, 15th, 17th and 19th year after installation and annually thereafter. Results of the testing will be filed with the Board of Health and the Fire Department. The owner of a new or existing tank which satisfied all the construction requirements of Subsection D of this section shall have the tank and its piping tested at the owners' expense during the 15th and 20th year following the date of installation and at two-year intervals thereafter.
F. 
All tanks shall be tested by any final or precision test not involving air pressure, which can accurately detect a leak of 0.05 gallon per hour or less after adjustment for relevant a variables such as temperature change and tank deflection and which has been approved by the Fire Chief and the Board of Health.
G. 
Horizontal steel tanks located underground shall not exceed the capacities, diameter, or lengths for the corresponding gauges of metal outlined in the following table and shall be equipped with cathodic protection:
Table 1
Underground Horizontal Tanks
Capacity Over
(gallons)
Not Over
(gallons)
Maxi-
mum Diameter
(inches)
Maxi-
mum Length
(feet)
Thick-
ness of Shell
Thick-
ness of Hoods
10
270
42
6
10 USS gauge
14 USS gauge
270
560
48
11
10 USS gauge
12 USS gauge
560
1,100
64
14
10 USS gauge
10 USS gauge
1,100
4,000
84
24
3/16 inch
3/16 inch
4,000
12,000
126
32
1/4 inch
1/4 inch
12,000
20,000
132
42
5/16 inch
5/16 inch
20,000
35,000
132
50
3/8 inch
3/8 inch
H. 
Vertical steel tanks located underground shall not exceed the maximum capacities, diameters, or heights for the corresponding gauges of metal outlined in the following table and shall be equipped with cathodic protection:
Table 2
Underground Vertical Tanks
Capacity Over
(gallons)
Not Over
(gallons)
Maxi-
mum Diameter
(inches)
Maxi-
mum Length
(feet)
Thick-
ness of Shell
Thick-
ness of Hoods
10
60
24
4
24
10 USS gauge
60
270
36
6
36
10 USS gauge
270
560
54
10
43
10 USS gauge
560
1,100
68
12
54
10 USS gauge
1,100
4,000
105
18
72
3/16 inch
4,000
12,000
132
24
96
1/4 inch
12,000
20,000
132
30
120
5/16 inch
2,000
25,000
132
35
132
3/8 inch
I. 
Standard open-hearth steel tank plate shall be used for steel tank construction.

§ 326-9 Fill and vent pipes for all tanks and containers.

A. 
Each storage tank shall be provided with a filler pipe, a draft pipe and a vent pipe, and may have a gauge pipe. If gauge pipe terminates within a building, the opening to same shall be protected.
B. 
Filler pipes of tanks shall be not less than 1 1/4 inches in diameter, and shall extend down to within three inches of the bottom of the tanks.
C. 
The receiving end of the filler pipe of a storage tank shall be designed to provide for a tight connection between a discharge hose and inlet. A filler pipe shall be located outside the building and shall be provided with a screw plug or cap which shall be kept wrench-tight when not in use.
D. 
Where a filler pipe runs to a sidewalk, alley, private way, or public highway, it shall terminate in a metal box with a metal cover set flush with the surface of the sidewalk at the curb, alley, private way, or highway; and it shall be provided with a screw plug or cap which shall be kept wrench-tight when not in use.
E. 
Vent pipes of tanks shall not be less than 1 1/4 inches in diameter shall be carried up to a point not less than 12 feet above the ground level at the filling point of the tank, shall terminate not less than five feet from any door or window opening, and shall be fitted with an approved weather hood screened with noncorrosive wire not coarser than 30 mesh. (Reference: Subsection F of this section)
F. 
The provisions of Subsection E and § 326-110A of this regulation notwithstanding, the vent pipes of underground storage tanks may be manifolded for the purpose of effecting a vapor recovery system, provided that the pipe size shall be such as to discharge, within the maximum pressure limitations of the system, the vapors they may be required to handle when manifolded tanks are filled simultaneously. The use of pressure vacuum valves on vent pipes shall not be permitted as the underground storage system must be able to vent to atmosphere during periods of static storage. The person supplying the vapor recovery system shall specify the minimum vent pipe size to conform to these requirements, and such specifications shall be followed by the installer.
G. 
All tanks shall have one or more vents large enough to relieve any undue pressure to which they may be subjected. The vent pipe shall be arranged to discharge to the open air and to pitch toward the storage tank. If such tanks are used for the storage of any flammable liquid with a flashpoint below 100° Fahrenheit, such vents shall be protected with fire-protective devices.

§ 326-10 Piping for all tanks and containers.

(Reference: 527 CMR 4.00 where applicable)
A. 
All metallic piping, fittings, valves, and tanks used in connection with approved nonmetallic piping, fittings, valves, and tanks shall be grounded in the following manner:
(1) 
By means of an approved driven ground rod in accordance with the provisions of the current Massachusetts Electrical Code, 527 CMR 12.00.
(2) 
The ground rod and all metallic piping shall be bonded together by means of approved ground fittings and a copper conductor not smaller than No. 4 AWG (American Wire Gauge).
B. 
Cast-iron valves or fittings shall not be used in any pipe connection to the tank.
C. 
All piping, fittings, and valves shall be constructed of materials that are compatible with the product to be stored in the tank to which the piping is connected.

§ 326-11 Underground piping.

A. 
All new and replacement piping shall be constructed of noncorrodible materials such as fiberglass reinforced plastic (FRP) or its equivalent, or shall be protected against corrosion by use of a steel system cathodically protected by impressed current or sacrificial anodes or by some other type of equivalent protection. All piping shall be provided secondary containment approved by the Board and the Fire Chief . (Reference: § 326-9F of this regulation)
B. 
Product lines shall be installed in a trench between the tank area and the pump island. Similarly, underground vent lines shall be installed in a trench.
C. 
Before underground piping is installed, the trench shall receive a minimum six-inch-deep bed of well-compacted noncorrosive material such as clean washed sand or gravel. All trenches shall be wide enough to permit at leas six inches of noncorrosive backfill material around all lines.
D. 
All pipes connected to such tanks shall lead from the tops of tanks, and tops of all tanks shall be below the level of the lowest horizontal pipe used in connection therewith.
E. 
All pipes used for the conveyance of flammable liquid shall decline to tanks without traps or pockets and shall be protected against injury.

§ 326-12 Pumping system.

A. 
No flammable liquid shall be delivered to any storage tank by means of a pump or under pressure unless such storage tank is designed to withstand the additional stress to which it may be subjected or unless the vent pipe for such tanks is of sufficient size to relieve the tank of any undue pressure.
B. 
No suction pumping system shall be equipped with more than one check valve, and any such check valve shall be installed at the tank end only and shall be so installed that it may be tested or replaced without disturbing other elements of the storage facility. In no case shall there be a return waste pipe from the pump to the tank which has any opening to the atmosphere. When a pump is located within a building, it shall be in a well ventilated portion thereof.
C. 
Remote pumping systems shall be designed or equipped so that no part of the system will be subjected to pressures above its allowable working pressure.
D. 
All remote pumping systems shall be equipped with a product line leak detector.
E. 
On a remote pumping system, a listed rigidly anchored emergency shutoff valve incorporating a fusible link or other thermally actuated device designed to close automatically in event of severe impact or fire exposure shall be properly installed in the supply line at the base of each individual island-type dispenser. The automatic closing feature of this valve shall be checked by a qualified person at the time of initial installation and at least once a year thereafter by manually tripping the hold open linkage.
F. 
The operator shall immediately advise the owner should a leak detector signal a suspected product loss or a suction product system indicate a potential symptom of a leak (i.e., meter display jumping or skipping, liquid not being pumped when pump is on, initial pump overspeed followed by slow pumping, erratic liquid flow indicating air and liquid mixture, continued loss of prime in the pumping unit, etc.).
G. 
The owner and/or operator shall take immediate action to verify the operation of the pumping system when advised of a suspected leak by the operator. Should a loss be determined, the owner and/or operator shall take immediate corrective action. The affected pumping system shall be taken out of service until the necessary corrective action has been taken.

§ 326-13 Location of tanks.

An underground tank used for the storage of Class A flammable liquid, if within 10 feet of a building having a cellar or basement, shall be placed below the level of the floor of such cellar or basement.

§ 326-14 Underground tank installation.

A. 
No new or replacement tank or piping shall be installed, whether as part of a new or existing storage facility, unless the owner has given notice of its installation to the head of the local Fire Department and the Board of Health after submitted plans are approved indicating the location and design of the tank and its monitoring system, and no new or replacement tank or piping shall be buried or concealed until it has been inspected for damage and external defects, tested for tightness under § 326-17 of this regulation, and approved by the head of the local Fire Department or his designee.
B. 
No new or replacement tank shall be installed except by a contractor who has been certified in writing by the manufacturer or a petroleum equipment association as qualified for the purpose. The contractor shall, prior to any installation, submit to the head of the local Fire Department and the Board a copy of such certificate.
C. 
The installation of a new replacement tank, including anchoring of the tank whenever water saturation of any part of the excavation reasonably be anticipated, shall be carried out in accordance with the manufacturer's recommendation, accepted engineering practices, and the provisions of § 326-14 of this regulation, provided that the backfill material for FRP (fiberglass reinforced plastic) tanks shall be pea, gravel or crushed stone and that the backfill material for all other tanks shall be either pea, gravel or clean noncorrosive sand free of cinders, stones, and any other foreign material, with the material under the tank to be compacted and contoured to the shape of the tank before the tank is installed, and the balance to be thoroughly compacted.
D. 
Any damage to the exterior of a tank or its coating shall be repaired before the tank is covered.
E. 
Every new or replacement tank and its piping shall be tested separately, at the owner's expense, prior to its being buried. The tank shall be tested by air pressure at not less than three pounds and not more than five pounds per square inch. The piping shall be tested hydrostatically to 150% of the maximum anticipated pressure of the system but not less than 50 pounds per square inch gauge at the highest point of the system. After the tank and piping have been fully buried, all subsequent testing of underground tanks shall be done by the precision test in accordance with the provisions of Pamphlet No. 329, Chapter 4 - 3.10, of the National Fire Protection Association, or other test of equivalent or superior accuracy. The owner shall furnish the head of the local Fire Department with a certified copy of the results of all testing required by § 326-14 of this regulation, which the head of the local Fire Department shall keep with the records of the storage facility.
F. 
Steel tanks completely underground shall be covered with a minimum of two feet of earth or shall be covered with not less than one foot of earth, on top of which shall be placed a slab of reinforced concrete not less than four inches thick. When they are or are likely to be subjected to traffic, they shall be protected against damage from vehicles passing over them by at least three feet of earth cover, or 18 inches of well-tamped earth plus six inches of reinforced concrete or eight inches of asphaltic concrete. When asphaltic or reinforced concrete paving is used as part of the protection, it shall extend at least one foot horizontally beyond the outline of the tank in all directions.

§ 326-15 Leak detection equipment, testing and/or inventory requirements for underground storage.

All tanks excepting those used for storing heating oil for consumptive use on the premises where stored shall satisfy the following options:
A. 
Mandatory inventory recordkeeping as defined in § 326-16 of this regulation, in addition to periodic tightness testing as defined in § 326-17 of this regulation.
B. 
The installation and maintenance of an approved monitoring system installed by a qualified person.
C. 
The installation of an approved double-walled tank with interstitial space monitoring system and liquid removal port. Secondary containment and an approved in-tank or interstitial space monitoring system shall be required for new or replacement tanks in sole source aquifer areas. The Environmental Protection Agency mandates this requirement in all sole source aquifer areas such as the Town of Barnstable. Tanks storing heating oil for consumption on the premises are exempt from Subsection A.

§ 326-16 Inventory methods for underground tanks.

A. 
The operator of every, new and existing storage facility shall prepare, reconcile and maintain daily inventory control records for each tank and for each combination of interconnected tanks with a common level of product (hereinafter, a "combination"), for the purpose of prevention and early detection of leaks. The preparation, reconciliation, and maintenance of such records shall be done in accordance with the provisions of 527 CMR 5.05 (3) as amended, with the following additions and modifications:
(1) 
At the close of each calendar month, the operator shall determine, for that month and for each tank or combination, the number of days in which any amount of product was dispensed and the number of days in which a loss of product was recorded. These records shall include the inspection details on monitoring wells and leak-detection systems.
(2) 
An abnormal loss of product shall mean a loss not explainable by spillage, temperature variations or other causes, as provided in CMR 5.05(3)(d).
(3) 
In the event of any abnormal loss of product, the following steps shall be taken, with the investigation not to stop until the source of the discrepancy has been found, the tank has been tested, repaired or replaced, or the entire procedure has been completed:
(a) 
Inventory input and output records shall be checked by the owner of the tank for arithmetical error.
(b) 
Inventory shall be checked by the owner of the tank for error in measurement.
(c) 
If abnormal loss is not reconcilable by Steps 1 and 2 in Subsections (a) and (b) above, or cannot be affirmatively demonstrated to be the result of theft, the accessible parts of the storage system shall be checked for damage or leaks.
(d) 
Monitoring wells and leak detection systems shall be checked for signs of a discharge.
(e) 
Calibration of the inventory measuring system and any dispensers shall be checked.
(f) 
The entire storage system, excluding the vent but including joints and remote fill lines, shall be tested in accordance with the applicable sections of this regulation.
(g) 
If a discharge, leak, or threat of release is discovered, the requirements of the applicable paragraphs of § 326-18 shall be met by the owner of the tank.
(4) 
An abnormal gain of water shall be a gain in the water level inside any tank of more than one inch in a twenty-four-hour period.
(5) 
In the event of any abnormal gain of water, the owner shall, at the owner's expense, have the water removed from the tank and disposed of in a manner as directed by the Department of Environmental Quality Engineering (DEQE) and have the water checked 24 hours later, during which time no product shall be added.
(6) 
Apart from abnormal gains of water, the owner of any tank in which water has accumulated to a depth of three inches or more shall, at the owner's expense, have the water removed and disposed of in a manner as directed by DEQE.
B. 
For failure to comply with § 326-16 of this regulation, see § 326-17C of this regulation.
C. 
Tanks used for storing heating oil for consumptive use on the premises are exempt from § 326-16 except for subsections deemed pertinent by the Board.

§ 326-17 Testing for tightness of underground tanks.

A. 
If any of the testing discloses a leak or a loss which is not reconcilable, the operator and the owner shall comply immediately with the requirements of § 326-18 of this regulation, and the local Fire Department, or the Board, may direct the owner, at the owner's expense, to have all other tanks on the premises and their components tested in the same manner.
B. 
If the owner of any existing storage facility, pursuant to the provisions of §§ 326-8 and 326-11 of this regulation, provides cathodic protection and electrical isolation for each tank in the facility, subsequent testing requirements shall be in accordance with the provisions of § 326-8E of this regulation.
C. 
With respect to any tank to which the inventory control requirements of § 326-16 of this regulation are applicable, the head of the local Fire Department or the Board shall require the operator to have it and its piping promptly tested, at the owner's expense, whenever the operator fails to prepare, reconcile, and maintain the daily inventory records or fails to perform the required monthly calculations. With respect to any tank to which the inventory control requirements of § 326-16 of this regulation are not applicable, the head of the local Fire Department or the Board may if they have probable cause to believe that such tank is leaking, require the owner to have it and its piping promptly tested at the owner's expense.
D. 
The head of the local Fire Department or the Board of Health may require the owner of any existing tank to have it and its piping tested, at the owner's expense, in any case in which the owner has failed to make timely application for a permit as required under § 326-23 of this regulation.
E. 
Except for testing performed on a tank and its piping prior to their being covered, a tank shall be tested by any final or precision test not involving air pressure which can accurately detect a leak of 0.05 gallon per hour or less after adjustment for relevant variables such as temperature change and tank-end deflection, and which has been approved by the Marshal, the Board of Health and Fire Chief.
F. 
All tests shall be approved and administered by qualified persons, and any such person shall notify the head of the local Fire Department prior to administering a test.
G. 
The person performing any test under § 326-17 of this regulation shall promptly supply the owner and the head of the local Fire Department and the Board of Health with certified copies of all test results for a tank and its piping. The head of the local Fire Department shall keep his copy with the records of that storage facility.

§ 326-18 Response to leaks.

A. 
In the event of a leak, whether determined by testing or otherwise, the following steps shall be taken:
(1) 
The operator shall immediately notify the owner.
(2) 
The owner or operator shall immediately notify the head of the local Fire Department, the Board and the Office of Incident Response of the Department of Environmental Quality Engineering (OIR-DEQE).
(3) 
If testing has confirmed that the source of the leak is the piping for a particular tank, the operator shall take that tank out of service immediately.
(4) 
If testing has confirmed that the source of the leak is a particular tank, the owner shall within 24 hours cause that tank to be emptied of all its product.
B. 
The head of the local Fire Department shall take charge of all emergency containment procedures, and shall take whatever measures are necessary to prevent fire and explosion, or, in the case of a fire or explosion, to protect the persons and property within the vicinity from such hazards.
C. 
The head of the local Fire Department shall verify that the requirements of § 326-18A of this regulation are compiled with.
D. 
Upon the arrival of the representative of OIR-DEQE, the head of the local Fire Department shall advise him of the conditions at the site and the results of the investigations required by § 326-18A of this regulation.
E. 
The owner and the operator shall cooperate with the representative of OIR-DEQE in all efforts to locate the source of the leak, to contain it, etc.
F. 
The head of the local Fire Department shall have the responsibility of the containment procedures as long as, in his opinion, a fire or explosion hazard exists. During this period, the elimination of the fire/explosion hazard will have priority over all other concerns, at all times. Once such hazards cease, the representative of OIR-DEQE shall assume all responsibility.

§ 326-19 Tank repair and relining.

A. 
No underground tank can be relined but must be replaced.
B. 
If the head of the local Fire Department or the Board determines that a tank and its components shall be removed, the owner shall first obtain a permit the Fire Department, pursuant to MGL C. 148, § 38A. Any removal shall be completed within 90 days after the head of the local Fire Department has notified the owner of his decision.

§ 326-20 Tanks abandoned or temporarily out of service.

A. 
If the owner decides to abandon a tank which is either located under a building and cannot be removed from the ground without first removing the building or which is so located that it cannot be removed from the ground without endangering the structural integrity of another tank, the owner shall promptly notify the head of the local Fire Department of this decision. Under the direction of the head of the local Fire Department, the owner shall have all product removed from the tank, by hand pump if necessary, and shall have the tank filled with sand or other inert material as prescribed by the head of the local Fire Department. Requirements of § 326-20 of this regulation shall be in accordance with 527 CMR 10.12(2). The owner shall be required to have a soil vapor analysis test performed in order to prove the underground fuel or chemical storage tank did not leak prior to permanent abandonment approval from the Fire Department. All the contents of the tank, including oil and sludge, shall be removed from the tank under the supervision of a Fire Department inspector.
[Amended 11-26-1991, effective 12-15-1991]
B. 
Except as provided in § 326-20A of this regulation, no tank may be abandoned in place. Any owner of a tank who has decided to abandon it and any owner of a tank which has in fact been out of service for a period of time constituting abandonment, as defined in § 326-2 of this regulation, shall immediately obtain a permit from the head of the local Fire Department pursuant to MGL C. 148, § 38A, and, subject to the directions of the head of the local Fire Department, shall have any product removed from the tank, all tank openings properly secured, and the tank removed from the ground. The product and tank shall be disposed of in accordance with 310 CMR 30.00 "Hazardous Waste Regulations," at the owner's expense, as directed by the head of the local Fire Department. The owner shall return the metal identification tag to the Board.
C. 
The owner of a tank licensed under MGL C. 148, which the owner has decided to take out of service for a period of less than six months, shall promptly notify the head of the local Fire Department of the decision, and shall have all product removed from the tank and disposed of in accordance with 310 CMR 30.00 "Hazardous Waste Regulations," as directed by the head of the local Fire Department, and shall have all tank openings properly secured and the tank rendered inert. The metal identification tag must be returned to the Board. Before any such tank may be restored to service, the owner of the tank shall notify the head of the local Fire Department, who may require that the owner have the tank and its piping tested, at the owner's expense, in accordance with the provisions of § 326-17 of this regulation.

§ 326-21 Tank removal.

A. 
Any person granted a permit by the Fire Chief to remove a tank under the provisions of MGL C. 148, or this regulation, shall within 72 hours provide the permit-granting authority with a receipt for delivery of said tank to the site designated on the permit.
B. 
Before any person is granted a permit by the Marshal or the head of a local Fire Department to remove a tank under the provisions of MGL C. 148, or this regulation, and said tank is not being transported to an approved tank yard, the person requesting the permit shall provide the permit-granting authority with written approval for the designated site of disposition. (Reference: 502 CMR 3.00 for tank removal and disposal procedure)

§ 326-22 Enforcement and appeals.

A. 
Any owner or operator who violated 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 head of the local Fire Department or the Board of Health, the licensing authority and the Town counsel shall take any such legal action as may be necessary to enforce the provisions of this regulation.
B. 
In the event of the violation of this regulation by the owner or operator of a storage facility, the head of the local Fire Department or the Board of Health, instead of or in addition to requesting enforcement under § 326-22A of this regulation, may recommend revoking or suspend the owner's permit or may require more frequent testing than would otherwise be required under § 326-17 of this regulation; and if a permit is revoked or if a storage facility has been installed or maintained without a permit, the head of the local Fire Department may order that the storage facility be removed from the ground. Before revoking or suspending an owner's license or requiring removal of a storage facility from the ground, the licensing authority shall hold a public hearing on the proposed action, and shall be certified mail give the owner at least 10 days, advance notice of the hearing and shall render its decision in writing with a brief statement of the reasons therefor.
C. 
After a public hearing, the Board of Health may, with the concurrence of the Fire Chief, vary the application of any provision of this regulation, not in conflict with 527 CMR 9.00 unless otherwise required by law when in their opinion the applicant has demonstrated that an equivalent degree of protection will still be provided to public and private water supplies.
D. 
All tanks used for the storage of flammable liquids shall be subject to the rules and regulations of the Board of Fire Prevention Regulations.
E. 
All tanks and their appurtenances shall be maintained in a safe condition at all times.
F. 
No tank for which a permit has been issued for the storage of any liquid with a specific gravity of one or less shall be used for the storage of any liquid with a specified gravity of more than one.
G. 
No wooden tank shall be used for the storage of any flammable liquid.
H. 
No open tank shall be used for the storage of flammable liquid.

§ 326-23 Permits.

A. 
Either the original or photographic copy of all permits granted under the provisions of this regulation shall be conspicuously posted or kept on the premises.
B. 
New storage facilities:
(1) 
No storage facility shall be installed unless the owner shall first have obtained a permit from the head of the local Fire Department after approval of the Board of Health. This permit shall be in addition to any license or any other permit required by MGL C. 148, or by any regulations issued thereunder.
(2) 
The application for a permit shall be on a form obtained from the Board of Health and shall include the following information and any other information the Board may require:
(a) 
Name, address, and telephone numbers (day and night) of the owner.
(b) 
Name, address, and telephone numbers (day and night) of the operator.
(c) 
The number of tanks in the proposed facility and the capacity and contents of each proposed tank.
(d) 
The proposed type of construction of each tank and its piping, together with the tank's approval number, taken from the tag issued, if any, and a description of any provisions made for cathodic protection, electrical isolation and early detection of leaks through a monitoring system.
(e) 
The depth below ground level of the lowest and highest points of each proposed tank.
(3) 
In a storage facility with more than one proposed tank, the applicant shall furnish the Board of Health and the appropriate Fire Chief, with a certificate signed by a qualified person stating that the proposed facility meets all the design and construction requirements of 527 CMR 9.00 and this regulation.
(4) 
The applicant shall also furnish a plot plan of the site and the area surrounding it, showing the location of each proposed tank and its components and of any building on the site, and the approximate location of any public or private well and of any body of surface water within 1,000 feet of the proposed storage facility.
C. 
Existing storage facilities:
(1) 
Owners of single-family and duplex dwellings need not comply with Subsection C(1)(a) and (b).
(a) 
Name, address, and telephone numbers (day and night of the owner.
(b) 
Name, address, and telephone numbers (day and night) of the operator.
(c) 
The number of tanks in the facility and the capacity and contents of each tank.
(d) 
The type of construction for each tank and its piping, together with a description of any provisions made for cathodic protection, electrical isolation, and early detection of leaks through a monitoring system.
(e) 
The depth below ground level of the lowest and highest points of each tank.
(f) 
The date of installation of each tank.
(2) 
The owner shall furnish evidence of the date of installation. Such evidence may include, but is not limited to, a copy of any license or permit issued by the local licensing authority and the head of the local Fire Department. If no substantial evidence of the date of installation is supplied, the tank shall be presumed to have been installed 20 years prior to the effective date of this regulation. See § 326-3A.
(3) 
Replacement and substantial modification:
(a) 
If the head of the local Fire Department or Board of Health determines that the proposed replacement or modification constitutes a danger to a public or private water supply because of its proximity to any public or private well, aquifer, recharge area or body of surface water, or for any other reason the head of the local Fire Department or the Board may deny the application or approve it subject to conditions that he may determine are necessary to protect such public or private water supply.
(b) 
The head of the local Fire Department or the Board of Health may require that existing tanks other than those used for heating purposes shall be equipped with observation wells or other detection system if in his opinion the location of the tanks could jeopardize the safety of the public.
(4) 
Renewal of permits and changes of ownership:
(a) 
The owner of any new or existing facility for which a permit has been issued under § 326-23B or C must apply to the head of the local Fire Department and the Board of Health for renewal of the permit at five-year intervals from the date on which the original permit was granted. The application for renewal must include any changes required under § 326-23B(2) and C.
(b) 
The owner of any storage facility, except individual homeowners, shall within seven working days notify the head of the local Fire Department and the Board of any change in the name, address, or telephone numbers of the owner or of the operator. In the case of any transfer of ownership, the new owner shall be responsible for the notification.

§ 326-24 Varying of provisions by Board of Health.

The Board of Health may vary the application of any provision of this regulation except where expressly forbidden in 527 CMR 9.00 if in its opinion strict enforcement thereof would do manifest injustice to the applicant, and the applicant has proved that the same amount of environmental protection required under this regulation can be achieved without strict application of the particular provision.

§ 326-25 Severability.

Each regulation shall be construed as separate to the end if any regulation or sentence, clause, or phase thereof shall be held invalid for any reason, the remainder of that regulation and all other regulations shall continue in full force.

§ 326-26 When effective.

This regulation is to take effect on the date of publication of this notice.