[HISTORY: Adopted by the Mayor and Council of the Borough of Tuckerton 9-20-1982 by Ord. No. 2-1982. Amendments noted where applicable.]
The owner or occupant of any land within the Borough upon which there is installed or located any underground tank, with a storage capacity in excess of 600 gallons, used for the storage or holding of any liquid substance, defined in § 226-2, shall cause said tank and all connecting piping to be tested for leakage no later than one year from the effective date of this chapter and thereafter at least once every two years.
This chapter shall apply to the storage of all liquid substances toxic to the public water supply, and shall include, but shall not be limited to, gasoline, oil, kerosene, crankcase drainage, acids, petrochemicals, pesticides, and all other hydrocarbons and hazardous chemical substances not recommended for human consumption.
In the event the result of any such tests reveal a leakage, the owner or occupant of the land upon which said tank is located shall remove all of the liquid in said tank and shall cease to operate said tank until the tank is either replaced or repaired to correct the leakage. Any tank which must be repaired to correct a leakage shall not be put into operation until a further test of said tank, after the repairs are made, reveals that there are no leaks. Proof that said tank has no leaks shall be submitted in the form of a certification or affidavit setting forth the dates of the tests and the results thereof, to the Board of Health. The Board of Health may, in the event there is reason to believe there is a leak in any underground tank, order that a test be made of that tank forthwith. Any underground tank determined to be leaking shall and is hereby declared to be a nuisance to the Borough health and water supply.
All owners or occupants of any land within the Borough of Tuckerton, upon which there is installed or located any underground tank as defined in this chapter, shall be required to obtain a license for the privilege of maintaining or operating said tank.
Said license shall be issued by the Borough of Tuckerton Board of Health only upon compliance with the terms and conditions of this chapter and upon payment of an application fee of $15 per tank.
Said license shall be nontransferable and shall be conspicuously displayed on the premises or be produced upon request to the enforcing authority, which shall be the Borough of Tuckerton Board of Health. Failure to comply with the terms and conditions of this chapter shall be grounds for the revocation of said license and will prohibit said owner or occupant of any land within the Borough of Tuckerton to maintain or operate said underground tank.
Said license application shall set forth the size and exact location of the subject tank, the exact substance it contains and the date of original installation to the best of the licensee's knowledge. Said license shall automatically terminate upon any change in the contents of said tank unless the holder of said license shall provide the Borough of Tuckerton with an exact description of the new substance it contains.
Location. Excavation for underground storage tanks shall be made with due care to avoid undermining the foundation of existing structures. Underground tanks or tanks under buildings shall be so located with respect to existing building foundations and supports that the loads carried by the latter cannot be transmitted to the tank. The distance from any part of a tank storing toxic substances to the nearest wall of any basement, pit or property line shall be not less than one foot.
Construction of tank. All storage tanks shall be of steel or fiberglass construction in accordance with the requirements of the National Board of Fire Underwriters (Underwriter Laboratories) thoroughly coated on the outside with a suitable corrosion-resistant material.
Method of installation. An underground tank shall be set on a firm foundation and surrounded with at least six inches of noncorrosive inert materials such as clean sand, earth or gravel, well tamped in place. The tank shall be placed in a hole with care, since dropping or rolling the tank into the hole can break a weld, puncture or damage the tank metal, or scrape off the protective coating. A tank 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 underground tanks 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 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 outside of the tank in all directions. Installation shall fully comply with existing building and construction standards as set forth by the Borough of Tuckerton.
Testing. No new tanks for the storage of substances covered under this chapter shall be installed or operated unless the tanks are certified or tested for nonleakage in accordance with this chapter and said certification or affidavit, as set forth in § 226-3, has been submitted to the Board of Health, showing that there are no leaks in said tank.
Installation permit fee. There shall be a fee of $25 for a permit to construct or install each new underground storage tank in accordance with the provisions of this chapter.
[Amended 12-4-1989 by Ord. No. 21-1989]
Underground tanks taken out of service or abandoned shall be safeguarded or disposed of in a safe manner. All abandoned tanks and connecting pipelines shall be completely drained of their contents and a certified report setting forth the tank size, location, date of abandonment and method used for placing the abandoned tank in a safe condition, shall be submitted to the Board of Health within 10 days of the date of abandonment. Abandoned tanks shall either be removed from their location or shall be filled with sand so as to prevent the unauthorized disposal of any liquid substance as set forth in § 226-2 of this chapter.
When tanks are temporarily taken out of service for a period of more than 30 days, a certified report shall be submitted to the Board of Health setting forth the planned temporary abandonment and proposed safeguarding procedures. No temporary abandonment shall exceed the period of six months. Any owner or occupant of any land upon which an abandoned tank is located who fails to comply with these safeguarding procedures shall immediately remove said tank at their own expense. No abandoned tank shall be returned to service without first being tested for leakage in accordance with this chapter.
Removal permit fee. There shall be a fee of $25 for a permit for the removal or taking out of service of each underground storage tank in accordance with the provisions of this chapter.
[Added 12-4-1989 by Ord. No. 21-1989]
Accurate daily inventory records shall be maintained and reconciled on all underground storage tanks for indication of possible leakage of tanks or piping. The records shall be kept at the premises, available for inspection by the enforcing authority, and shall include, as a minimum, records showing, by product, daily reconciliation between sales, use, receipts and inventory on hand. If there is more than one system consisting of a tank(s) serving a separate pump(s) or dispenser(s) for any product, a reconciliation shall be maintained separately for each tank system. The Borough of Tuckerton Board of Health shall make periodic inspections of underground storage tanks such as to require compliance with this chapter.