[HISTORY: Adopted by the Board of Trustees of the Village of Tuxedo Park 1-16-2002 by L.L. No. 1-2002. Amendments noted where applicable.]
Environmental quality review — See Ch. 47.
Fire prevention — See Ch. 53.
Hazardous substances — See Ch. 60.
Permits generally — See Ch. 73.
Property maintenance — See Ch. 75.
Water — See Ch. 97.
Zoning — See Ch. 100.
Editor's Note: This local law also repealed former Ch. 87, Storage Tanks, adopted 2-21-1990 by L.L. No. 1-1990.
The purpose of this chapter is to establish guidelines, rules and directives regarding the installation, abandonment, replacement and location of tanks used for the storage of petroleum products and water. The intent of this legislation is to protect the watershed of the lakes in the Village and the purity of the waters of the lakes, including Tuxedo Lake which is the sole water supply for the entire Village.
This chapter is to be read and utilized in conjunction with the New York State Petroleum Bulk Storage Code. Any inconsistency between the provisions hereof and said Code and its implementing rules and regulations shall be resolved in favor of the New York State Code and regulations.
As used in this chapter, the following terms shall have the meanings indicated:
- BUILDING INSPECTOR
- The duly appointed Building Inspector of the Village or anyone designated by the Village Board of Trustees qualified to perform the duties of the Building Inspector as herein set forth. The Building Inspector shall also be the enforcement officer described in the New York Petroleum Bulk Storage Code. [See 6 NYCRR §§ 614.7(c) and 614.13(e).]
- LIQUEFIED NATURAL GAS
- Sometimes referred to a "LNG" (liquefied natural gas) or LPG (liquefied petroleum gas) means natural gas cooled to its liquefied state.
- NEW YORK PETROLEUM BULK STORAGE CODE
- Title 10 of Article 17 of the New York Environmental Law and the rules and regulations of the New York Commissioner of Environmental Conservation contained at 6 NYCRR Parts 612, 613 and 614.
- Any person who shall have legal or equitable title to any premise upon which a tank is located.
- Any natural person, corporation, partnership, firm, association or other legal entity by whatever name.
- Hydrocarbon-based oils and fuels of any kind.
- PIPING SYSTEM
- Any system of pipes, mains or conduits of whatever material leading to or from a tank.
- A manufactured petroleum hydrocarbon gas cooled to its liquified state.
- Any enclosed container fabricated of any material whether located above or below the ground designed or intended to hold petroleum, natural gas, propane or water, no matter what the cubic capacity of said container.
- VILLAGE ENGINEER
- The engineer duly appointed by the Board of Trustees in the manner provided for by law or any specific engineering professional retained by the Village for purposes of administering this chapter in conjunction with the Building Inspector.
This chapter shall apply to the location, installation, construction, reconstruction, removal, maintenance, replacement, relocation and abandonment of any tank anywhere in the Village no matter what its size, volume or content. Notwithstanding the foregoing, tanks holding or intended to hold petroleum having a capacity in excess of 1,100 gallons shall be governed by the applicable provisions of the New York Petroleum Bulk Storage Code. All propane tanks with a capacity of five US gallons or less shall be exempt from the provisions of this chapter.
It shall also be unlawful to and no person shall install, construct, rebuild or relocate a tank or related piping system, covered by the terms hereof, except after the issuance of a building permit issued by the Building Inspector. Additionally, after the completion of any work commenced pursuant to such a building permit, no person shall place into operation any new, reconstructed or relocated tank or related piping system unless he shall have been issued a certificate of compliance with this chapter and the applicable provisions of the New York Petroleum Bulk Storage Code.
It shall be also be unlawful for any owner to allow or permit any person to install, remove, construct, rebuild or relocate or operate any tank or related piping system on lands owned by him unless a building permit and/or certificate of compliance required hereby is first obtained. The owner of any such land shall be deemed to know of all such activity and shall be responsible hereunder regardless of any actual knowledge of such activity.
The Building Inspector, in conjunction with the Village Engineer, shall, from time to time, prescribe the form of applications for building permits for all tanks as required hereby. Such forms can be obtained at the Village office and shall be submitted in triplicate and be accompanied by at least the following information and materials.
A site-specific installation plan prepared by a licensed tank installer or a professional engineer licensed by New York State.
Proof of the contractor's registration with the NY DEC, if applicable.
Proof of any required plumbing licenses from any agency having licensing jurisdiction.
Proof of liability and workers' compensation insurance in amounts to be determined by the Building Inspector naming the Village as an additional insured party.
A plan for disposal of any contaminated soils or water at a NY DEC-approved site.
The appropriate application fees as set by the Board of Trustees.
The Building Inspector, in conjunction with the Village Engineer, may require the submission of such other relevant and additional information as he may require in order to review such an application.
All applications for a building permit for a tank covered by this chapter shall be reviewed by the Building Inspector and the Village Engineer. In his review, the Building Inspector shall, for tanks designed or intended to hold petroleum, use the criteria set forth in the New York State Petroleum Bulk Storage Code and this Chapter 87. With regard to all other tanks, he shall use the standards set forth herein as well as best available technology. In issuing any such building permit he may attach thereto as a condition thereof any reasonable conditions that he deems fit under the circumstances. If the Building Inspector denies any such application, he shall set forth the reasons for such denial in detail in writing.
Except as specified in § 85-24, no tank designed or intended to hold petroleum or sewage shall be closer than 100 feet to the shoreline of any lake, reservoir, active stream, ignition source or drinking water well.
Notwithstanding the foregoing limitations, in the situation of the proposed replacement of an existing tank designed or intended to hold petroleum on a lot that cannot conform with these separation distances, such a tank may be replaced only in the same location as the tank sought to be replaced unless the Building Inspector or Village Engineer determines a safer location on the property. Any such replacement tank shall be of double-wall construction and shall have a monitoring mechanism installed in the manner required by the Village Engineer. All such replacement tanks shall also conform with all applicable provisions of the New York State Petroleum Bulk Storage Code.
No tank designed or intended to hold potable water, if below ground, shall be nearer than 100 feet to any sewer line or the component of any underground septic system.
Tanks holding petroleum. All such tanks, regardless of size and capacity, shall conform with the minimum design standards set forth in the New York Petroleum Bulk Storage Code and shall be installed in the manner set forth in said code. The intent hereof is to adopt hereby such design and installation standards for such tanks that have a capacity less than 1,100 gallons.
Tanks holding natural gas or propane. All such tanks shall conform with the design standards set forth in NFPA Chapter 58 and shall otherwise:
Be of rust- and corrosion-inhibiting material.
Have appropriate fill connection and relief valving.
If buried, be anchored and installed by a professional gas supply firm.
Not exceed 1,000 liquid gallons' capacity per tank.
Not be located nearer than 50 feet to any ignition source.
Be capable of supporting any vehicular traffic likely to pass over it.
If above ground, have protective surrounding bollards.
Have all related piping adequately buried.
Not be converted to any other use.
Tanks holding water. Water tanks shall:
If used for potable water storage, be subjected to review by the Orange County Health Department.
Be enclosed within a secure structure or appropriately buried.
Not exceed 1,000 USG capacity unless required for emergency fire protection.
Be regularly maintained and tested by owner to assure water quality compliance.
All tanks shall be installed in the manner called for in the building permit and any conditions attached thereto.
The Building Inspector shall, during the process of the installation or removal of any tank, make field inspections to determine if the conditions of the building permit are being met. The owner shall give at least seven days' notice to the Building Inspector.
It shall be unlawful for any person, or for an owner to allow any person, to backfill against any tank unless the Building Inspector shall have first made a site inspection to determine if the installation of the same complies with the permit and any conditions attached thereto. An owner shall be deemed to know of any such backfill activity and shall be responsible hereunder even if he or she did not have actual knowledge of the same.
When a tank has been installed to the satisfaction of the Building Inspector, he shall issue to the owner a written certificate of compliance, and thereupon the owner or his tenants or agents shall be entitled to place the tank and any related underground piping system into operation. No such certificate shall be issued unless the Building Inspector has made a site inspection within 48 hours of completion of installation prior to any backfill being placed against the tank or piping system.
All tanks, once installed, shall be the responsibility of the owner to maintain and operate such tanks in such a manner as not to cause any leaks or groundwater, surface water or soil contamination in any way. It shall be unlawful for any owner to maintain a tank in such a way that the same leaks, emits excessive vapors, or causes contamination.
Any tanks, detention basins, containers or related piping that are constructed, installed, maintained or operated in a manner deemed to be detrimental to the health, safety or welfare of the Village may be cited for these conditions by the Police Department, Board of Trustees, Planning Board, Public Works Superintendent or Building Inspector. Upon written notice from any of these officials, the property owner or occupier shall, within seven days, reply to the Board of Trustees and either request a hearing from that Board or submit a timely plan for correcting the cited conditions. The decision of the Board of Trustees shall be binding, and corrective measures must be completed within the Board's specified time period.
In cases of emergency or whenever a property owner or occupant fails to make the required changes, repairs or improvements, the Village shall have the right to enter said property and perform any or all corrective measures. The Board of Trustees shall thereupon assess such expense upon the real property involved, and such charge shall constitute a lien and charge upon the real property upon which it is levied until paid or otherwise satisfied or discharged. Such charges shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes.
It shall be unlawful for any person to sell, convey or pass title to any premises in the Village served by a tank designed to hold petroleum unless and until the Building Inspector shall have issued his certificate that such tank complies with the provisions of this chapter and of the New York Petroleum Bulk Storage Code. The Building Inspector shall not issue such a certificate unless he is in receipt of an inspection report relative to such tank and its required compliance certified to him by a licensed installer or an engineer licensed by the State of New York and, further, until he shall have made an inspection of said premises to verify the date contained in such report. The seller or grantor of any such premises shall be obligated to present such a certificate of compliance to the purchaser or grantee at or before the passage of title thereto.