[HISTORY: Adopted by the Town Meeting of
the Town of Boxford 5-12-1987 ATM, Art. 39. Amendments noted where applicable.]
This bylaw is adopted by the Town of Boxford
under its home rule powers, its police powers to protect the public
health, safety and welfare and under powers authorized by MGL c. 40,
§ 21, and MGL c. 148, § 9. This bylaw supersedes,
except where specifically incorporated, Board of Fire Prevention Regulations
527 CMR 5.00 and 9.00.
A.
The best use of all groundwater in Boxford is for
public and private water supply, and of most surface water for food
production, bathing and recreation. Therefore, it is hereby declared
to be the policy of the Town of Boxford to maintain its water resources
as near to their natural condition of purity as reasonably possible
for the safeguarding of the public health and, to that end, to require
the use of all available practical methods of preventing and controlling
water pollution from toxic and hazardous materials.
B.
The purposes of this bylaw are, through regulations
of the design, construction, installation, testing and maintenance
of underground hazardous material storage facilities, to protect public
health from the contamination of public and private water supplies
due to leakage from such facilities, to protect the public safety
from the dangers of fire and explosion associated with such leakage
and to protect the general welfare by preserving limited water supplies
for present and future use.
As used in this bylaw, the following terms shall
have the meanings indicated:
Being out of service for a continuous period in excess of
six months, in the case of a storage facility for which a license
from the local licensing authority is required under the provisions
of MGL c. 148, § 13, as amended, and for a period in excess
of 12 months, in the case of any other storage facility.
Those regulations contained in Massachusetts Regulation 527
CMR 5.00, Construction and Maintenance of Buildings or Other Structures
Used as Garages, Service Stations and the related storage keeping
and use of gasoline or other motor fuel, and Massachusetts Regulation
527 CMR 9.00, Tanks and Containers, as amended.
A system which inhibits the corrosion of a tank or components
either through the sacrificial anode or the impressed current method
of creating a corrosion-inhibiting electrical current.
Piping, pumps and other related storage, conveyancing and
dispensing elements which, together with one or more tanks and any
cathodic protection or monitoring system, constitute a storage facility.
A Massachusetts registered professional engineer.
The date on which the bylaw is approved by a Town Meeting,
provided that the bylaw thereafter becomes effective under the provisions
of MGL c. 40, § 32, as amended.
A facility whose construction, installation or operation
began prior to the effective date of this bylaw.
The Chief of the Fire Department in the Town of Boxford.
Any liquid substance which, because of its quantity, concentration
or its chemical, corrosive, flammable, reactive, toxic, infectious
or radioactive characteristics, either separately or in combination
with any other substance or substances, constitutes a present or potential
threat to human health, safety, welfare or to the environment, when
improperly stored, treated, transported, disposed of, used or otherwise
managed, including but not limited to any liquid petroleum product
of any kind and any combination or mixture that includes any liquid
petroleum product of any kind. For a list of materials constituting
hazardous wastes, see Massachusetts Regulation 310 CMR 30.
Any uncontrolled movement, measurable by a final or precision
test, equal or better in precision than that described in the current
edition of Pamphlet No. 329 of the NFPA (National Fire Protection
Association), which can accurately detect a leak of 0.05 gallons per
hour or less,change and tank end deflection, of hazardous material
out of a tank or its components; or any uncontrolled movement of water
into a tank or its components.
The State Fire Marshal.
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. The minimum standard for an in-tank monitoring
system in Boxford shall consist of a system which provides continuous
monitoring of any liquid loss from or entry into the interstitial
space of the double-containment tank at a rate of 0.05 or less gallons
per hour or equivalent leakage over a longer period of time not to
exceed 1.2 gallons in a twenty-four-hour period. All monitoring systems
shall be equipped with an alarm powered by a circuit separate from
the monitoring system power. Standby power to the monitoring system
to enable operation for at least 48 hours of continuous operation
shall be provided.
Soil that, when tested by a qualified soil test professional,
is shown to have a resistivity greater than 10,000 ohm-cm, and that
does not exhibit corrosive characteristics in a soil-chemistry analysis.
A dug or drilled cased well which can be used for detecting
the presence of hazardous material, which is drilled to a depth intercepting
and extending a minimum of 25 feet into the water table, and which
is installed and maintained in an approved manner.
The lessee of a storage facility or the person or persons
responsible for the daily operation of a storage facility.
Not in use in that no filling or withdrawal is occurring.
The person or persons or government entity having legal ownership
of a storage facility.
Any agency or political subdivision of the Federal Government
or the 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.
A device designed to detect product or pressure losses in
a pressurized product line of a remote pumping system.
Pounds per square inch gauge.
A person licensed by the Commonwealth of Massachusetts or
a representative certified by the manufacturer of the product being
installed or tested and meeting the current requirements for underground
storage facilities installation and testing in the Town of Boxford.
A person qualified in statistical analysis by an appropriate
state or federal agency or professional society, who presents such
proof of qualifications to the Fire Chief on demand and who meets
the current requirements of the Town of Boxford for statistical analysis
of underground storage facility inventory records.
A pressurized product line system in which hazardous materials
are supplied to a point away from the underground storage tank by
means of a pumping unit.
The construction of any additions to an existing storage
facility or any restoration, refurbishing or renovation which significantly
impairs or affects the physical integrity of the storage facility
or its monitoring system.
Techniques that shall include double-walled tanks or any
system which shall equal or surpass the protection provided by double-walled
tanks.
One or more tanks at a particular site, together with all
of its or their components, used or designed to be used for the underground
storage of hazardous material, including any cathodic protection or
monitoring system used or designed to be used for inhabiting or detecting
leaks of hazardous materials from any element of the facility.
Any structure any part of which is used, or designed to be
used, for the underground storage of any hazardous material.
Included in a current list or report of approved equipment,
materials or methods published by Underwriters' Laboratories, Inc.
Where 10% or more of the tank volume and piping is below
the ground surface but shall not include storage in a freestanding
container within a building.
Any existing or potential source of potable water, including
both groundwater and surface water.
As defined in MGL c. 131, § 40.
A.
Either the original or a photographic copy of all
permits granted under the provisions of this bylaw shall be conspicuously
posted on the premises.
B.
New and replacement storage facilities.
(1)
Subsequent to the effective date of this bylaw, no
new or replacement storage facility shall be installed unless the
owner shall have first obtained a permit from the Fire Chief. This
permit shall be in addition to any license or permit required by MGL
c. 148, as amended, or by any regulations issued thereunder. The fee
for this permit, payable to the Town of Boxford, shall be $10.
(2)
Replacement.
(a)
Subsequent to the effective date of this bylaw,
replacement of an existing underground storage tank (UST) prior to
said effective date shall not be denied, provided that:
(b)
Should the replacement tank be of larger volume
than the original tank, or differ significantly in its location, as
determined by the Fire Chief, then it shall be considered as a new
tank installation subject to all regulations under this bylaw for
new tank installments.
(3)
The application for a permit shall be on a form obtained
from the Fire Department and shall include the following information
and any other information that the Fire Department 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 of and the specific hazardous material to be stored
in each proposed tank.
(d)
The proposed type of construction and material
for each tank and its piping, together with the tank's UL serial number
or any other approval number, if any, and a description of 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, the groundwater level at the
location of each proposed tank, if available, and any known soil corrosiveness
at the location of each proposed tank.
(f)
A statement that the materials of each tank
and its piping are guaranteed by their manufacturers to be compatible
with the specific hazardous material that the applicant proposes to
store in such tank.
(4)
The applicant shall furnish a certificate, signed
by an engineer, that the proposed facility meets all the design and
construction requirements of this bylaw.
(5)
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 showing
the approximate location of any public or private well and of any
body of surface water within 500 feet of the proposed storage facility
or within 100 feet of any wetland area.
(6)
The permit together with all other support materials stipulated in Subsection B(4) and (5) of this section shall be submitted concurrently to the Fire Chief, the Boxford Board of Health and the Conservation Commission. The Board of Health and Conservation Commission shall review the permit application for compliance to all stipulations of this bylaw and, if compliance is or is not met, shall so inform the Fire Chief in writing within 30 days of permit application submission. Failure of the Board of Health and Conservation Commission to act on the permit application within 30 days of its submission shall constitute automatic approval of the permit by the Board of Health and the Conservation Commission. Failure of the Fire Chief to act upon the permit application within 45 days of application shall constitute automatic approval of the application.
(7)
Appeal. Any person aggrieved by the decision of the
Fire Chief may submit a written petition, within 15 days of said decision,
to the Select Board for a hearing. Hearings shall be scheduled within
30 days of petition submission. Past this appeal, the aggrieved party
may appeal to any court of competent jurisdiction, as provided by
the laws of the Commonwealth of Massachusetts.
[Amended 9-12-2020 ATM by Art. 19]
C.
Existing storage facilities.
(1)
The owner of every storage facility that has been
installed prior to the effective date of this bylaw shall apply to
the Fire Chief, within six months of the effective date of this bylaw,
for a permit to maintain the storage facility. Application shall be
made on a form obtained from the Fire Chief and shall include, to
the extent available to the owner, the following information, which
shall also be made available to the Board of Health:
(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 of and the specific hazardous material stored in each tank.
(d)
The type of construction and material 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.
(g)
A description of any previous leaks, including
approximate dates, causes, estimated amounts, any cleanup measures
taken and any measures taken to prevent future leaks.
(2)
The owner shall also furnish evidence of the date
of installation. Such evidence may include but is not limited to a
copy of any license issued by the local licensing authority or of
any permit issued by the Fire Chief or Fire Department. If no substantial
evidence of date of installation is supplied, the tank shall be presumed
to have been installed 25 years prior to the effective date of this
bylaw.
(3)
The applicant shall also furnish a plot plan of the
site and of the area surrounding it, showing the approximate location
of each tank and its components and of any building on the site, and
showing the location of any public or private well and of any body
of surface water within 500 feet of the storage facility, or within
100 feet of any wetland area.
(4)
All existing underground storage facilities shall
be removed after reaching 30 years of age. In those cases where the
age of a storage facility is unknown, it shall be considered to be
25 years of age on the effective date of this bylaw.
D.
Modifications to existing tank.
(1)
Modification of an existing underground storage tank
shall mean any change in the specific hazardous material to be stored
in any tank at a storage facility or the installation of any addition
to, or change in, a storage facility that alters its on-site storage
capacity, alters its physical configuration or alters its capacity
to inhibit or detect leaks through the use of cathodic protection
or a monitoring system or any similar device.
(2)
There shall be no modification of any storage facility
unless the owner has submitted a plan drawn up by a certified engineer
to the Fire Chief, and has approval of the plans in writing from the
Fire Chief. The Fire Chief shall keep a copy of its approval with
the records for that storage facility.
(4)
No storage facility consisting of steel tanks or piping
unprotected by cathodic protection shall be modified by the addition
or replacement of a component which may cause catalytic corrosion.
(5)
Any application to add cathodic protection to an existing
storage facility using one or more steel tanks shall be accompanied
by a design plan prepared by an engineer licensed by the National
Association of Corrosion Engineers, the plan to include provisions
for a test box to allow measurement of electrical potential and current
flow.
(6)
If the Fire Chief determines that the proposed modification
constitutes a danger to public safety, or constitutes a leak hazard,
then the Fire Chief may deny the application or approve it subject
to conditions that the Fire Chief determines are necessary to protect
the public safety.
(7)
No modification shall be made except by a contractor who has either been licensed by state authorities for work on underground storage facilities or has been certified by the manufacturer or a storage equipment association as qualified for that purpose, and who holds a valid underground storage facility installers permit from the Town of Boxford, as stipulated in § 176-7B.
E.
Renewal of permits and changes of ownership.
(1)
The owner of any new, replacement or existing storage facility for which a permit has been issued under this bylaw must apply to the Fire Chief for a renewal of the permit at five-year intervals from the date on which the original permit was granted. The fee for renewal of such permit, payable to the Town of Boxford, shall be $10. The application for renewal must include any changes in the information required under Subsections C and D. No application for renewal may be denied except for violation of this bylaw and in accordance with the procedural requirements of § 176-14.
(2)
The owner of any storage facility shall within two
working days notify the Fire Chief of any change in the names, addresses
or telephone numbers of the owner or the operator. In the case of
any transfer of ownership, the new owner shall be responsible for
notification.
F.
Delivery of hazardous materials to underground storage
facilities.
(1)
All suppliers of hazardous materials to underground
storage facilities in Boxford shall hold a valid UST materials delivery
permit issued by the Town of Boxford. The fee for said permit shall
be $10. All permits shall be renewed annually.
(2)
Each underground storage tank shall have attached at its fill opening a metal tag containing the current permit number and supplied by the Fire Chief. No hazardous material shall be supplied to any underground storage tank lacking this permit tag six months subsequent to the effective date of this bylaw. Such prohibited delivery shall result in suspension of the delivery permit defined in Subsection F(1) of this section.
A.
All new and replacement tanks shall be designed and constructed to minimize the risk of corrosion and leakage, and the owner shall provide written proof that the materials are guaranteed by the tank manufacturer to be compatible with the hazardous materials designated by the owner in the appropriate permit applications required under § 176-4. Only the following tank construction systems shall be approved:
(1)
UL-listed double-walled steel tanks with cathodic
protection or bonded fiberglass coating, and with electrical isolation
and with provision for continuous monitoring of the interstitial space
for leakage of hazardous material or water.
B.
All new and replacement tanks must be equipped with
a metallic or nonmetallic striker plate, at lease 12 inches by 12
inches in area, at least 1/4 inch thick, and attached to the bottom
of the tank, under each opening.
C.
Each storage tank shall be provided with a filler
pipe, a draft pipe and a vent pipe, and may have a gauge pipe. If
a gauge pipe terminates within a building, the opening to same shall
be protected. Approved filler and vent pipe specifications shall follow
the provisions of 527 CMR 9.09(2), (3), (4), (5) and (7), inclusive.
Vapor recovery systems shall not be allowed.
D.
All new and replacement piping, product and distribution
lines and fittings and valves of a storage facility shall:
(1)
Be protected against corrosion by use of noncorrodible materials, such as fiberglass reinforced plastic (FRP), or by use of cathodic protection, and the owner shall provide written proof that the materials are guaranteed by the piping manufacturer to be compatible with the hazardous materials designated by the owner in the permit application required under § 176-4.
(2)
Be equipped with double-walled pipe, or the lines
shall be enclosed in a noncorrosive, liquidtight conduit.
(3)
Be designed, constructed and installed to terminate
within liquidtight access ports or manholes to permit tightness testing
or replacement without the need for extensive excavation or for disturbing
elements of the storage facility other than the elements that are
to be tested or replaced.
E.
Cast-iron valves or fittings shall not be used in
any pipe connection to the tank.
F.
No flammable material 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
subject or unless the vent pipe for such tank is of sufficient size
to relieve the tank of any undue pressure.
G.
All new and replacement facilities with submersible
pumping systems shall be equipped with a line leak detector for each
delivery line; and if any such facility is used to store automotive
fuel, it shall also be equipped with an emergency shutoff valve under
each dispenser. The shutoff valves and leak detectors shall be tested
by a licensed person upon installation and at least annually thereafter.
No suction pumping system shall be equipped with any check valve in
the piping except at the tank end, and any such check valve shall
be so installed that it may be tested or replaced without disturbing
other elements of the storage facility.
H.
Every new and replacement tank shall be equipped with
an overfill-prevention system. If a tank is filled by gravity flow,
it must be equipped with a float vent valve or other device that provides
equal or better protection from overfilling. If the tank is filled
under pressure, it must be equipped with a combined audible and visual
high level alarm. Any such system shall be tested by a qualified person
upon installation and at least annually thereafter.
I.
Product lines shall be installed according to the
provisions of 527 CMR 9.11(2), (3), (4) and (5), inclusive.
A.
All underground storage tanks shall be located a minimum
of 10 feet from any building or property line and a minimum of 100
feet from any private well, watercourse, wetland or other known water
source; and a minimum of 400 feet from any public water supply.
B.
The requirements in Subsection A of this section shall not apply to UST facilities existing before the effective date of this bylaw and which meet the design criteria set forth in § 176-5 or 176-4B of this bylaw. Every reasonable effort shall be made to locate replacement facilities within the stipulations of Subsection A of this section.
A.
No new or replacement tank or component shall be installed without prior permit application and approval as stipulated in § 176-4 of this bylaw.
B.
No new or replacement tank or component shall be installed except by a contractor holding an underground storage facility installer's permit from the Town of Boxford. To obtain an installer's permit, applicants shall present documented proof to the Fire Chief that they have either been licensed by state authorities for work on underground storage facilities or have been certified by the manufacturer or a storage equipment association as qualified for that purpose. Failure of the Fire Chief to act upon the permit application within 45 days of application shall constitute automatic approval of the application. Any person aggrieved by the decision of the Fire Chief may appeal as provided in § 176-4B(7) of this bylaw. Permits shall be issued only for equipment installation for which such proof is provided. Installers shall not install any equipment other than that stated on the permit. Permits shall be renewed annually for a fee of $10 per permit.
C.
No new or replacement tank or component shall be installed, unless the owner has given immediate written notice of its installation date to the Fire Chief; and no new or replacement tank or component shall be buried or concealed until it has been inspected for damage and external defects by the Fire Chief or his designee, tested for tightness under Subsection F of this section and approved by the Fire Chief or the Chief's designee.
D.
The installation of a new or replacement tank or component,
including anchoring of the tank, shall be carried out in accordance
with the manufacturer's recommendations, accepted engineering practices
and the provisions of 527 CMR 9.15(3), as amended, provided that the
backfill material for fiberglass reinforced plastic (FRP) tanks shall
be pea gravel or crushed stone and that the backfill material under
all other tanks shall be either pea gravel or clean, noncorrosive
sand, free of cinders, stones and other foreign material, the material
under the tank to be compacted and contoured to the shape of the tank
before the tank is installed, the balance to be thoroughly compacted.
All tanks shall be anchored to the extent that no movement shall occur
should the tank be empty and completely immersed under water.
E.
Any damage to the exterior of a tank or its coating
shall be repaired before the tank is covered. The Fire Chief shall
make note of any damage in the records for that tank.
F.
All new and replacement piping systems shall be installed
in accordance with recognized engineering practices. All joints shall
be liquid- and airtight. All product and vent lines shall slope downward
toward the tank.
G.
Every new or replacement tank and its piping shall
be tested, separately, at the owner's expense, prior to being buried.
The tank shall be tested by air pressure at not less than three 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 or tested pneumatically to 100% of the maximum anticipated
pressure of the system, but not less than 50 pounds per square inch
at the highest point of the system. After pressurization, all joints
and connections shall be immediately coated with a soap solution to
determine any leakage. After the tank and piping have been fully buried,
any paving installed and the tank filled with the hazardous material
to be stored therein, the tank and its piping shall be again tested,
separately, at the owner's expense, by any final or precision test,
not involving air pressure, that can accurately detect a leak of 0.05
gallons per hour or less, after adjustment for relevant variables,
such as temperature change and tank end deflections, and that is approved
by the State Fire Marshal. The owner shall furnish the Fire Chief
with a certified copy of the results of all testing required by this
subsection, which the Fire Chief shall keep with the records for the
storage facility.
A.
All new and replacement tanks shall have in place an approved interstitial space monitoring system as stipulated in § 176-5A.
B.
All new and replacement pumping systems shall be equipped with a line leak detector as stipulated in § 176-5G.
C.
Every monitoring system shall be installed by a qualified person, certified by the manufacturer and holding a Boxford underground storage facility installer's permit as stipulated in § 176-7B. The automatic audible or visual alarm shall be tested by the qualified person upon installation and at least annually thereafter. Monthly inspections of the system to assure proper function shall be carried out and recorded by the operator. The Fire Chief may require unscheduled inspections and tests on demand.
A.
The provisions of this section shall apply to all
tanks used for the storage of automotive fuel and to all tanks used
for the storage of waste oil or other waste petroleum products.
C.
The operator of every new and existing storage facility designated in Subsection A 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 purposes 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 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 leak-detection systems, and,
if applicable, data resulting from observation well or other sample
analysis.
(2)
An abnormal loss of product shall mean a loss not
explainable by spillage, temperature variations or other causes, as
provided in 527 CMR 5.05(3)(d).
(3)
In the event of any abnormal loss of product, the
following steps shall be taken:
(a)
The operator shall, within 24 hours, notify
the owner and the Fire Chief;
(b)
The owner shall, within three working days, have the steps taken, for that tank or combination and its components, that are outlined in § 176-10A, or
(c)
The owner shall, within three working days, submit the daily inventory records of that tank or combination, for that month, for leak-detection statistical analysis by a qualified statistician, and the person performing such analysis shall promptly submit certified copies of the results to the Fire Chief and to the owner; and if the Fire Chief, on the basis of such results, determines that there is a probability of a leak in that tank or combination, or in its components, the Fire Chief shall so notify the owner, and the owner shall, within three working days, have the steps taken that are outlined in § 176-10A with respect to that tank or combination and its components.
(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 during which no product has been added.
(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 approved by the Department of Environmental Quality Engineering (DEQE) and have the water level checked 24 hours later, during which time no product shall be added. If there is again an abnormal gain of water, the owner shall promptly have the steps taken that are outlined in § 176-10A.
(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 approved by DEQE.
(7)
For every storage facility covered by the inventory control requirements of this section, the owner shall, at least annually and at the owner's expense, submit the daily inventory records of the most recent calendar month for a leak-detection statistical analysis by a qualified statistician. The person performing such an analysis shall promptly submit certified copies of the results of that analysis to the owner and to the Fire Chief. The Fire Chief shall keep the report with the records of that facility. If the Fire Chief determines, on the basis of that analysis, that here is a probability of a leak from any tank or its components in that facility, the owner shall, within three working days, take the steps outlined in § 176-10A with respect to that tank and its components or, in the case of a combination, with respect to each tank and its components.
(8)
The Fire Chief and state public safety officials shall
have access to all inventory records required by this section.
D.
The operator of a storage facility shall record, at
least monthly, the negative voltage of every cathodic protection system
equipped with a test box that is part of that facility. In addition,
the owner shall have every cathodic protection system inspected and
tested by a qualified person at least annually. If any such system
does not have adequate negative voltage, or is otherwise defective,
the owner shall have the system repaired promptly and in not more
than 30 days by a qualified person and shall report such repair to
the Fire Chief in writing. For purposes of this subsection, the term
"adequate negative voltage" shall mean a negative voltage of at least
0.85 volts, if a copper-copper sulfate reference electrode is used
and of at least 1.95 volts if a zinc reference electrode is used.
Reference electrodes shall be installed in accordance with the manufacturer's
directions.
A.
Suspected leaks.
(1)
If the probability of a leak is indicated by inventory control procedures under § 176-9 or by a monitoring system or by a line leak detector or by the malfunctioning of a suction pump or by the presence of hazardous material or hazardous material fumes in the surrounding area, as verified by the Fire Chief or his Deputy, the owner shall, within three working days, have the following steps taken, at the owner's expense:
(2)
If the inspections and testing outlined above fail to confirm a leak, and if there is continuing evidence of a probable leak, the Fire Chief may order the owner and operator to take the steps outlined in § 176-11. In the case of a combination of interconnected tanks, each tank and its components shall be tested separately.
B.
If any of the testing specified in Subsection A discloses a leak, the operator and owner shall comply immediately with the requirements of § 176-11, and the Fire Chief 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.
C.
The owner of every existing storage facility shall
have each tank and its piping tested, at the owner's expense, during
the 10th, 13th, 15th, 17th and 19th years after installation and annually
thereafter.
D.
If the owner of any existing storage facility, pursuant to the provisions of § 176-4D, provides cathodic protection and electrical isolation for each tank in the facility, then the owner shall have his tank and its piping tested, at the owner's expense, during the 15th and 20th years following the date of facility installation and at two-year intervals thereafter.
F.
With respect to any tank to which the inventory control requirements of § 176-9 are applicable, the Fire Chief shall require the owner to have it and its piping tested promptly, at the owner's expense, whenever the operator fails to maintain the daily inventory records properly or fails to perform the required monthly calculations of abnormal loss, or whenever the owner fails to comply with the annual leak-detection statistical analysis requirement under § 176-9C(7).
G.
The Fire Chief 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 § 176-4.
H.
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, that can accurately
detect a leak of 0.05 gallons per hour or less, after adjustment for
relevant variables, such as temperature change and tank end deflection,
and that is approved by the Fire Chief. Piping shall be tested hydrostatically
to 150% of the maximum anticipated pressure of the system.
I.
All tests shall be administered by qualified persons
approved by the Fire Chief, and any such person shall notify the Fire
Chief prior to administering a test.
J.
The qualified person performing any test under this
section shall promptly supply the owner and the Fire Chief with certified
copies of all test results for a tank and its piping. The Fire Chief
shall keep these results with the records of that storage facility.
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, the
Fire Chief and the Office of Incident Response of the Department of
Environmental Quality Engineering (OIR-DEQE).
(2)
The owner shall promptly verify that the Fire Chief
and OIR-DEQE have been notified and shall notify the Board of Health.
(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 operator shall within 24 hours cause that
tank to be emptied of all its contents.
(5)
If testing has failed to determine the source of the
leak within a storage facility, the operator shall within 24 hours
cause the entire storage facility to be emptied of its contents.
B.
Until the arrival of a representative of OIR-DEQE, the Fire Chief shall take charge of all emergency procedures and shall verify that all steps required under Subsection A have been taken.
C.
The owner, the Fire Chief and the Board of Health
shall cooperate with OIR-DEQE in all efforts to identify the source
of the leak, to contain it and to restore the environment, including
any groundwater or surface water that may have been contaminated by
the leak, to a condition and quality acceptable to DEQE.
D.
The Fire Chief shall determine whether any tank or its components that have been identified as the source of a leak shall be removed and replaced or may be repaired, and shall notify the owner of this decision. In making its decision, the Fire Chief shall consider all factors affecting the degree of risk to public health and safety from a subsequent leak, including but not limited to the location of the tank and the specific nature of the contents and shall be governed by the stipulations of § 176-12.
C.
Minimum liner conditions.
(1)
Repair by relining of an underground tank shall be
governed by the following minimum liner conditions:
(a)
The steel tank must have a minimum design shell
thickness of 0.18 inch (seven gauge).
(b)
The tank must have no open seam or split.
(c)
The tank must have less than 10 holes after
reaming with none larger than 1/2 inch in diameter and no more than
2 within a one-foot radius.
(d)
The tank must meet all the standards of the
lining manufacturer for structural soundness.
(2)
Adherence to the above conditions shall be determined
after the interior surface of the tank has been peened by a hammer.
E.
Any repair of a tank or replacement or repair of components shall be performed by qualified technicians holding a valid Boxford underground storage facility installer's permit as stipulated in § 176-7B, following the manufacturer's directions and, in the case of relining of a steel tank, following the recommendations of American Petroleum Institute Publication #1631, First Edition, 1983, or any subsequent edition as it may appear.
F.
If the Fire Chief determines that a tank and its components
shall be removed, the owner shall first obtain a permit from the Fire
Chief, pursuant to MGL c. 148, § 38A, as amended. Any removal
shall be completed within 90 days after the Fire Chief has notified
the owner of its decision.
G.
The owner shall be responsible for all costs of removing
a tank; reclaiming, recovering and properly disposing of any hazardous
material; and for all costs of restoring the environment, including
any groundwater or surface water that has been contaminated, to a
condition and quality acceptable to DEQE.
A.
If the owner of a tank, which either is located under
a building and cannot be removed from the ground without first removing
the building or is so located that it cannot be removed from the ground
without endangering the structural integrity of another tank, decides
to abandon it, the owner shall promptly notify the Fire Chief of this
decision and, subject to the directions of the Fire Chief, have all
the hazardous material removed from the tank, by hand pump if necessary,
and the tank filled with sand or other inert material prescribed by
the Fire Chief.
B.
Except as provided in Subsection A, no tank may be abandoned in place. Any owner of a tank who has decided to abandon it and any owner of a tank that has in fact been out of service for a period of time constituting abandonment, as defined in § 176-3, shall immediately obtain a permit from the Fire Chief pursuant to MGL c. 148, § 38A, as amended, and subject to the directions of the Fire Chief, have any hazardous material removed from the tank, all tank openings properly secured and the tank removed from the ground. The hazardous material and tank shall be disposed of, at the owner's expense, as directed by the Fire Chief.
C.
The owner of a tank that is licensed under MGL c. 148, as amended, and that the owner has decided to take out of service for a period of less than six months shall promptly notify the Fire Chief of the decision and, subject to the directions of the Fire Chief, have all the hazardous material removed from the tank and disposed of as directed by the Fire Chief, all tank openings properly secured and the tank rendered inert. Before any such tank may be restored to service, the owner shall notify the Fire Chief and have any inert material removed and disposed of in a manner approved by DEQE. The Fire Chief may require that the owner have the tank and its piping tested, at the owner's expense, in accordance with the provisions of § 176-10I and J.
D.
Any person granted a permit by the Fire Chief to remove
a tank under the provisions of MGL c. 148, as amended, or of this
bylaw shall, within 72 hours from tank removal provide the Fire Chief
with a receipt for delivery of said tank to the site designated on
the permit.
A.
Any owner or operator who violates any provision of
this bylaw shall be subject to a fine of $200 for each offense. Each
day during which such violation continues shall constitute a separate
offense. This bylaw may be enforced pursuant to MGL c. 40, § 21D,
as amended, by a local police officer or any other officer having
police powers. Upon request of the Fire Chief, the Select Board and
Town Counsel shall take such legal action as may be necessary to enforce
this bylaw.
[Amended 9-12-2020 ATM by Art. 19]
B.
In the event of any violation of this bylaw by the owner or operator of a storage facility, the Fire Chief, instead of or in addition to requesting enforcement under Subsection A, may revoke or suspend the owner's permit or may require more frequent testing than would otherwise be required under § 176-10; and if a permit is revoked or if a storage facility has been installed or maintained without a permit, the Fire Chief may order that the storage facility be removed from the ground. Before revoking or suspending an owner's permit or requiring removal of a storage facility from the ground, the Fire Chief shall hold a public hearing on the proposed action, shall give the owner at least 10 days' notice of the hearing by certified mail and shall make the decision in writing with a brief statement of the reasons for the decision.
C.
The Select Board may, after receiving comment from
the Fire Chief and Board of Health and after a public hearing, vary
the application of any provision of this bylaw, unless otherwise required
by law, when, in its opinion, the applicant has demonstrated that
an equivalent degree of protection will still be provided to public
and private water supplies and to the public health and public safety.
Notice of the hearing shall be given by the Board, at the applicant's
expense, at least 10 days prior thereto, by certified mail to all
abutters to the property at which the owner's storage facility is
located and by publication in a newspaper of general circulation in
the town or city. The notice shall include a statement of the variance
sought and the reasons therefor. Any grant or denial of a variance
shall be in writing and shall contain a brief statement of the reasons
for the grant or denial.
[Amended 9-12-2020 ATM by Art. 19]
D.
The granting of a variance may require the installation
of one or more groundwater observation wells and other testing methods
at the expense of the owner. Water samples from the observation wells
may be required by the Fire Chief at any reasonable time and shall
be analyzed at the expense of the owner by order of the Fire Chief.
Each part of this bylaw shall be construed as
separate to the end that, if any part or sentence, clause or phrase
thereof shall be held invalid for any reason, the remainder of that
part and all other parts of this bylaw shall continue in full force.
