[HISTORY: Adopted by the Board of Health of the Town of Eastham 5-26-2005, effective 7-1-2005. Amendments noted where applicable.]
Whereas, leaking fuel storage systems pose an immediate and serious threat to Cape Cod's sole source aquifer; and
Whereas, the Town of Eastham does not have records to locate all such systems installed within the Town;
Therefore, under MGL C. 111, § 31, the Eastham Board of Health hereby adopts the following revised regulation to protect the ground- and surface waters from contamination with liquid toxic or hazardous materials.
As used in this chapter, the following terms shall have the meanings indicated:
- ABOVEGROUND TANK (AGT)
- Any tank located above the ground to store fuel oil for the purpose of heating.
- TOXIC OR HAZARDOUS MATERIALS
- All liquid hydrocarbon products, including but not limited to gasoline, radioactive materials or other substance controlled as being toxic or hazardous by the Division of Hazardous Waste of the Commonwealth of Massachusetts, under the provisions of MGL, C. 21C and K.
The following regulations apply to all toxic or hazardous material storage systems.
Following the effective date of this regulation, the installation of all underground fuel, gasoline or other chemical storage tanks shall conform with the following criteria: In that the United States Environmental Protection Agency designated the Town of Eastham as overlying a sole-source aquifer, secondary containment of tank and piping and an approved in-tank or interstitial space monitoring system shall be required for new or replacement tanks.
Following the effective date of this regulation, all tanks installed above ground outside shall be of material approved for outside use.
The following regulations shall apply to:
All underground tanks containing toxic or hazardous materials as defined above which are not currently regulated under 527 CMR 9.24 - Tanks and Contains;
All tanks containing fuel oil, hose contents are used exclusively for consumption on the premises; and
Farm and residential tanks of 1,100 gallons capacity, or less, used for storing motor fuel for noncommercial purposes.
Owners shall file with the Board of Health or the Fire Department, before January 1, 1990, the size, type, age and location of each tank, and the type of fuel or chemical stored in them. Evidence of date of purchase and installation, including Fire Department permit, if any, shall be included along with a sketch map showing the location of such tanks on the property. Upon registering the tank with the Board of Health or Fire Department, the tank owner will receive a permanent metal or plastic tag, embossed with a registration number unique to that tank. This registration tag must be affixed to the fill pipe or in such a location as to be visible to any distributor when filling the tank and to any inspector authorized by the Town.
Effective January 1, 1990, every petroleum and other chemical distributor, when filling an underground storage tank, shall note on the invoice or bill for the product delivered the registration number appearing on the tag affixed to the tank which was filled. Every petroleum and other chemical distributor shall notify the Board of Health or Fire Department of the existence and location of any unregistered or untagged tank which they are requested to fill. Such notification must be completed within two working days of the time the distributor discovers that the tank registration tag is not present.
Prior to the sale of a property containing an underground storage tank, the Fire Department must receive from the current owner a change of ownership form for the registration of the underground storage tank. Such form can be obtained from the Fire Department.
The tank owner shall have each tank and its piping tested for tightness at the ages of 10, 13, 15, 17, 19, 20 years and annually thereafter. A tank shall be tested by any final or precision test, not involving air pressure, that can accurately detect a leak of 0.05 gal/hr, after adjustment for relevant variables, such as temperature change and tank end deflection, or by any other testing system approved by the Board of Health or Fire Department, as providing equivalent safety and effectiveness. Piping shall be tested hydrostatically to 150% of the maximum anticipated pressure of the system. Certification of the testing shall be submitted to the Board of Health or the Fire Department by the owner, at the owner's expense. Those tanks subject to the testing requirements of this regulation shall submit the certification of testing to the Board of Health or the Fire Department by January 1, 1990. Tanks which are currently tested under the provisions of 527 CMR 9.18 are exempt from this section. For purposes of this section, tanks of unknown age are assumed to be 20 years of age.
Following the effective date of this regulation all underground fuel oil storage tanks shall be prohibited within the Town of Eastham.
All new construction where aboveground fuel oil storage tanks (inside and outside) are installed shall be required to provide 110% containment capacity to prevent contamination from leaks that may occur. Exterior fuel oil storage tanks must be covered with substantial impermeable construction material to prevent water accumulation within the containment in such a way that it satisfies the Board of Health and the Fire Department. The area beneath the exterior shall be four-inch thick continuous concrete slab. Double-walled fuel oil storage tanks could be substituted for containment devices. The fuel oil storage tank or containment device must be approved by the Fire Department before installation occurs.
At time of property transfer all AGTs shall be required to be replaced with double-walled fuel oil storage tanks or shall be required to provide 110% containment capacity to prevent contamination from leaks that may occur. Exterior fuel oil storage tanks must be covered with substantial impermeable construction material to prevent water accumulation within containment in such a way that it satisfies the Board of Health and the Fire Department. The area beneath the exterior tank shall be four-inch thick continuous concrete slab. All aboveground elements of a fuel storage system shall be maintained free of leaks and visible rust.
All underground fuel copper lines which do not have secondary containment shall be replaced with an approved double containment system at which time any service to the system requiring a permit is performed or whenever property ownership is transferred if lines are underground including basement foundations.
All in-tank or interstitial-space monitoring systems shall be checked on a monthly basis to verify system integrity.
Any person who is aware of a spill, loss of product, or unaccounted for increase in the consumption which may indicate a leak shall report such spill, loss or increase immediately to the head of the Fire Department and to the Board of Health.
All fuel, gasoline or other chemical tanks not regulated under 527 CMR 9 (farm or residential tanks of 1,000 gallons or less and underground tanks storing fuel for consumptive use at the property) in service on the effective date of this regulation shall be removed 30 years after the date of installation. If the date of installation is unknown, the tank shall be assumed to be 20 years old. All underground storage tanks currently subject to the removal regulations (30 years or older) must be removed by July 1, 1990.
Prior to the removal of an underground storage tank governed by this regulation, the owner shall first obtain a permit from the head of the Fire Department pursuant to MGL, C. 148.
Any person granted a permit by the State Fire Marshal or the head of a local Fire Department to remove a tank under the provisions of MGL, C. 148, or 527 CMR 9 shall within 72 hours provide the permit granting authority with a receipt for delivery of said tank to the site designated on the permit.
Before any person is granted a permit by the Marshal or the head of a local Fire Department to remove a tank under the provisions of MGL, C. 148, or 527 CMR 9, and said tank is not being transported to an approved tank yard, the person requesting the permit shall provide the permit granting authority with written approval from the owner/manager of the disposal site. (Reference: 502 3 for tank removal and disposal procedure)
In every case, the owner shall assume the responsibility for costs incurred necessary to comply with this regulation.
Variances from this regulation may be granted by the Board of Health after a hearing at which the applicant establishes the following:
The enforcement thereof would do manifest injustice; and
Installation or use of an underground storage tank will not adversely affect public or private water resources. In granting a variance, the Board will take into consideration the direction of the groundwater flow, soil conditions, depth to groundwater, size, shape and slope of the lot, and existing and known future water supplies.
Existing aboveground tank is less than 10 years of age, has been inspected and has been certified to be in full compliance with current regulations. At age 10 years of age the single-walled tank would be required to be replaced with a double-walled tank to provide 110% containment.
Any owner or operator who violates any provision of this regulation shall be subject to the penalties provided under MGL C. 111. § 31, as amended. Each day during which such violation continues shall constitute a separate offense. Upon request of the Chief of the Fire Department or the Board of Health, the licensing authority shall take any legal action as may be necessary to enforce the provisions of this regulation.
Provisions of this regulation are severable, and if any provision hereof shall be held invalid under any circumstances, such invalidity shall not affect any other provisions or circumstances.
Eastham Board of Health regulation "Adoption of Health Regulation to Prevent Leaking of Underground Fuel and Chemical Storage Systems" dated January 20, 1980, is hereby rescinded.
This regulation shall become effective upon publication.