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.
As used in this bylaw, the following terms shall
have the meanings indicated:
ABANDONED
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.
BOARD OF FIRE PREVENTION REGULATIONS
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.
CATHODIC PROTECTION
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.
COMPONENTS
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.
ENGINEER
A Massachusetts registered professional engineer.
EFFECTIVE DATE
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.
EXISTING FACILITY
A facility whose construction, installation or operation
began prior to the effective date of this bylaw.
FIRE CHIEF
The Chief of the Fire Department in the Town of Boxford.
HAZARDOUS MATERIAL
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.
LEAKAGE or LEAK
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.
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. 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.
NONCORROSIVE SOIL
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.
OBSERVATION WELL
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.
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 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.
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 PERSONS
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.
QUALIFIED STATISTICIAN
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.
REMOTE PUMPING SYSTEM
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.
REPLACEMENT AND SUBSTANTIAL MODIFICATION
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.
STORAGE FACILITY
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.
TANK
Any structure any part of which is used, or designed to be
used, for the underground storage of any hazardous material.
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 below
the ground surface but shall not include storage in a freestanding
container within a building.
WATER SUPPLY
Any existing or potential source of potable water, including
both groundwater and surface water.
WETLAND
As defined in MGL c. 131, § 40.
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.