Town of Abington, MA
Plymouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Abington 4-3-2006 ATM by Art. 8.[1] Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
Explosives — See Ch. 71.
Commercial garages — See Ch. 81.
Gas installations — See Ch. 84.
[1]
Editor's Note: This Article also superseded former Ch. 75, Fire Prevention, comprised of Art. I, Explosives and Flammable Materials, derived from Ch. 8, Sec. 7, of the 1992 Tow of Abington Bylaws; and Art. II, Underground Storage of Flammable Fluids, derived from Ch. 8, Sec. 11, of the 1992 Town of Abington Bylaws.

§ 75-1 Fees.

The fee for a license for keeping, storage, or manufacture or sale of explosives and inflammable material issued by the local licensing authority under the provisions of MGL Ch. 148 § 13 shall be established from time to time by the Fire Chief, pursuant to MGL Ch. 40 § 22F. A schedule of said fees shall be kept on file at the Fire Department and with the Town Clerk.

§ 75-2 Testing schedule.

Any flammable liquid or gasoline storage tank installed below the ground under license duly granted by the Board of Selectmen shall be tested for leakage at the expense of the owner upon installation, and according to the following schedule, the date of which shall be determined by the license date or the date of installation, whichever is later:
A. 
Day of installation.
B. 
Every five years up to 20 years.
C. 
Every two years up to 30 years.
D. 
After 30 years, annually unless the Fire Chief determines that conditions indicate more frequent testing be done.

§ 75-3 Supervision of testing; removal of leaking tanks.

Such testing shall be done under the supervision of the Fire Chief using the Kent/Moore Test Method or equal. The tank or tanks shall be removed by the owner, at their expense, if it fails the test, or at any time when it becomes a hazard because of leakage or otherwise in the opinion of the Fire Chief.

§ 75-4 Town held harmless; obligations of owners upon discontinuance.

The fact of installation, maintenance and/or usage of such storage tanks under a license granted by the Board of Selectmen shall constitute an agreement on the part of the owner or owners of such tanks to save and hold harmless the Town of Abington from any and all reasonable and necessary expenses of removing said tanks upon expiration of the license, or at any time when the same shall be required in the opinion of the Fire Chief. The fact of installation, maintenance and/or usage of such storage tanks under a license granted by the Board of Selectmen shall constitute on the part of the owners an obligation to remove such tanks at the cost of the owners upon the discontinuance and/or abandonment of that business necessitating or using such tanks, whether or not such discontinuance and/or abandonment be less than the five-year limitation above mentioned. Removal of such tanks under the provisions herein shall be within 180 days of the date of discontinuance or abandonment.

§ 75-5 Jurisdiction over leakages; notification information.

Jurisdiction over any and all leakage of flammable liquid or other harmful and injurious matter into any main, line or other conduit below the surface of the ground, constituting a detriment to the public health or safety, shall be vested with the Fire Chief.
A. 
Upon determination of such leakage into such main, conduit or line, the Fire Chief shall cause to be sent by registered mail, notification of such leakage to all owners of land duly licensed for such storage of gasoline or other flammable or injurious material in the area defined as the source of such leakage and the particular main, line or conduit affected;
B. 
The defined area within which the source of leakage is located, if ascertainable;
C. 
A demand upon the owners of such licensed land within the defined area to take necessary action to test and confirm the absence of any such leakage from storage tanks upon the owners' particular land;
D. 
A reasonable time limit within which to effect such tests, not to exceed 72 hours;
E. 
Notification of the intention of the Town to make such reasonable tests as are requested upon the failure of the owner to take action;
F. 
The amount of charge for such tests in the event the owner fails to comply with the demand.

§ 75-6 Installation and usage constitutes agreement.

The fact of the installation, maintenance and/or usage of such storage tanks under the license of the Board of Selectmen, with the actual or implied consent of the owner of such land, shall constitute an agreement on the part of the owner of such licensed land to take such action as constitute an agreement on the part of the owner of such licensed land to take such action as requested above to discover the presence or absence of any such leakage; and shall further constitute an agreement on the part of the owner to hold and save harmless the Town from any reasonable and necessary expenditures incurred by the Town in testing the licensed land upon failure of the owner to comply with the notification of the Fire Chief.

§ 75-7 Tanks in floodplain areas; fee.

Any tanks installed in a floodplain area will be in a concrete vault. The fee for an original license and renewal license shall be in such sums set forth in Article I of this chapter.