Town of Mansfield, CT
Tolland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Mansfield 6-12-1995, effective 7-6-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Authorities — See Ch. 5.
Conservation Commission — See Ch. 11.
Housing Partnership — See Ch. 34.
Inland Wetlands Agency — See Ch. 40.
Planning and Zoning Commission — See Ch. 67.
Zoning Board of Appeals — See Ch. 94.
Building construction — See Ch. 107.
Fire lanes — See Ch. 125.
Sewers and water — See Ch. 159.
Streets and sidewalks — See Ch. 166.
This chapter shall be known and may be cited as the "Town of Mansfield Underground Storage Tank Ordinance."
This chapter is adopted to: establish an inventory of underground petroleum storage tanks; establish a life expectancy for underground petroleum storage tanks; to regulate the installation of new underground petroleum storage tanks in order to minimize the contamination of the groundwaters in the Town of Mansfield due to the failure of underground petroleum storage tanks.
This chapter shall apply to all underground petroleum storage tanks located at residential facilities and to all facilities that have an underground tank or interconnected tanks consisting of a total nominal capacity of less than two thousand one hundred (2,100) gallons, exclusive of piping located within the Town of Mansfield. This chapter establishes standards and criteria for the design, installation, operation, maintenance and monitoring of such tanks.
A. 
Words used in the present tense include the future. Words used in the masculine gender include feminine and neuter. The singular number includes the plural and the plural the singular.
B. 
Where terms are not defined in this chapter, they shall have their ordinary accepted meanings or such as the context may imply.
C. 
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED
Rendered permanently unfit for use, in accordance with NFPA 30.
ABNORMAL LOSS OR GAIN
An apparent loss or gain in liquid exceeding five-tenths percent (0.5%) of:
(1) 
The volume of product used or sold by the owner during any seven-consecutive-day period; or
(2) 
The volumetric capacity of the tank or container; whichever is greater, as determined by reconciliation of inventory measurements made in accordance with § 163-14 of this chapter.
COMBUSTIBLE LIQUID
A liquid having a flash point at or above one hundred degrees Fahrenheit (100° F.).
DISCHARGE
The emission of any water, substance or material into the waters of the town, whether or not such substance causes pollution.
EXISTING FACILITY
A facility the installation of which began prior to the effective date of this chapter.
FACILITY
A system of interconnected tanks, pipes, pumps, vaults, fixed containers and appurtenant structures, singly or in any combination, which are used or designed to be used for the storage, transmission or dispensing of oil or petroleum liquids, including any monitoring devices. As used in this chapter, the term "facility" refers only to residential underground facilities, and to all other underground facilities of less than two thousand one hundred (2,100) gallons' capacity.
FAILURE
A condition which can or does allow the uncontrolled passage of liquid into or out of a facility, and includes but is not limited to a discharge to the waters of the town without a permit issued pursuant to Section 22a-430 of the General Statutes.
FAILURE DETERMINATION
The evaluation of a facility component in accordance with § 163-16 of this chapter to determine whether a failure has occurred.
FLAMMABLE LIQUID
A flammable liquid as determined in accordance with NFPA 30 and having a flash point below one hundred degrees Fahrenheit (100° F.) [thirty-seven and eight-tenths degrees centigrade (37.8° C.)] and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute) [two thousand sixty-eight (2,068) millimeter mercury] at one hundred degrees Fahrenheit (100° F.) [thirty-seven and eight-tenths degrees centigrade (37.9 C.)].
LIFE EXPECTANCY
The time period within which a failure is not expected to occur as determined in accordance with § 163-15 of this chapter.
LIFE EXPECTANCY DETERMINATION
The evaluation of a facility component in accordance with § 163-15 of this chapter to determine its life expectancy.
LIQUID
Any liquid, including but not limited to oil and petroleum liquids that when maintained at a temperature of sixty degrees Fahrenheit (60° F.) and at a pressure of fourteen and seven-tenths (14.7) pounds per square inch absolute will assume the shape of a container [also maintained at a temperature of sixty degrees Fahrenheit (60° F.)] within forty-eight (48) hours.
LISTED
Equipment or materials included in a list published by a testing laboratory which:
(1) 
Is approved by the Commissioner of Environmental Protection in consultation with the Bureau of the State Fire Marshal;
(2) 
Maintains periodic inspection of production of listed equipment or materials; and
(3) 
States in their listing either that the equipment, material or procedure meets appropriate standards or has been tested and found suitable for use in a specified manner.
NEW FACILITY
A facility the installation of which begins on or after the effective date of this chapter, including but not limited to facilities which replace existing facilities and facilities which are moved from one (1) location to another.
NFPA 30
National Fire Protection Association publication number 30 entitled, "Flammable and Combustible Liquids Code," as enforced by the Fire Marshal pursuant to Section 29-320 of the Connecticut General Statutes, and Sections 29-320-1, 29-320-2, and 29-320-3 of the regulations of Connecticut State Agencies, as amended.
NFPA 31
National Fire Protection Association publication number 31 entitled, "Standard for the Installation of Oil Burning Equipment," as enforced by the Fire Marshal pursuant to Section 29-320 of the Connecticut General Statutes, and Sections 29-320-1, 29-320-2, and 29-320-3 of the regulations of Connecticut State Agencies, as amended.
NFPA 329
National Fire Protection Association publication number 329 entitled, "Underground Leakage of Flammable and Combustible Liquids," as enforced by the Fire Marshal pursuant to Section 29-320 of the Connecticut General Statutes, and Sections 29-320-1, 29-320-2, and 29-320-3 of the regulations of Connecticut State Agencies, as amended.
OIL OR PETROLEUM LIQUID OR PRODUCT
Oil, petroleum or fuel of any kind in liquid form, including but not limited to waste oils and distillation products such as fuel oil, kerosene, naphtha, gasoline and benzene, and other flammable or combustible liquids.
OWNER
The person, corporation or municipality who is the owner of record of the land in which a facility is installed or located.
PUBLIC HEALTH CODE
The Public Health Code of the State of Connecticut and other department regulations as enforced by the Health Department pursuant to Section 19-13 of the Connecticut General Statutes.[1]
RESIDENTIAL FACILITY
A facility which serves any house, apartment, trailer, mobile home or other structure occupied by individuals as a dwelling.
SUBSTANTIAL MODIFICATION
The installation of any addition to a facility or any restoration or renovation of a facility which increases or decreases the on-site storage capacity of the facility, significantly alters the physical configuration of the facility or impairs or improves the physical integrity of the facility or its monitoring systems; or modifies the facility so as to comply with the standards for new facilities specified in § 163-9 of this chapter. "Substantial modification" shall not include a modification for the purpose of extending life expectancy in accordance with § 163-15C(5) of this chapter.
TEMPORARILY OUT-OF-SERVICE
Not in use, in that no regular filling or drawing is occurring; or not regularly attended and secured.
UNDERGROUND
When referring to a facility or facility component, that ten percent (10%) or more of the volumetric capacity of the facility or component is below the surface of the ground, and that portion which is below the surface of the ground is not fully visible for inspection.
WELL, WATER SUPPLY
An artificial excavation, constructed by any method, for the purposes of getting water for drinking or other domestic use, and includes public water supply wells.
[1]
Editor's Note: Section 19-13 of the Connecticut General Statutes was transferred to Chapter 368a; see now C.G.S. § 19a-36.
A. 
After July 1, 1996, the fee for each existing facility for which notification is required by this chapter shall be fifty dollars ($50.).
B. 
The fee for each new facility for which notification is required by this chapter shall be ten dollars ($10.) per one hundred (100) gallons nominal capacity or fraction thereof.
No owner shall discharge any water, substance or material, including but not limited to oil or petroleum liquids, from any facility to the waters of the town without first obtaining a permit for such discharge pursuant to Section 22a-430 of the General Statutes, as amended.
A. 
Facilities which meet all of the following criteria are exempt from §§ 163-8, 163-14, 163-15 and 163-16 of this chapter: [Note: The facility must meet conditions Subsection A(1), (2), (3) and (4) to be exempt.]
(1) 
The nominal capacity exclusive of piping is less than ten (10) gallons;
(2) 
The sole intended use of the oil or petroleum liquid is for on-site heating or intermittent stationary power production such as standby electricity generation or irrigation pump power;
(3) 
The oil or petroleum liquid stored is not intended for resale; and
(4) 
The facility is not used for the storage or handling of waste oil.
B. 
Facilities which are used solely for the storage, transmission or dispensing of oil or petroleum products which are not defined as a liquid are exempt from the requirements of this chapter.
C. 
Facilities used solely for on-site heating, process steam generation, other on-site combustion or manufacturing processes or waste oil storage (such as furnaces and boilers or fuel-powered generators) are exempt from § 163-14B.
Reporting requirements shall be as follows: [NOTE: See § 163-7A and B for facilities which are exempt from reporting requirements.]
A. 
Existing facilities. By July 1, 1996, the owner of each existing facility shall notify the Office of the Fire Marshal of the results of the life expectancy determination required by § 163-15.
B. 
New facilities. Within thirty (30) days following completion of installation of a new facility, an owner shall notify the Office of the Fire Marshal of the results of the life expectancy determination required by § 163-15.
C. 
Information required. The notification required by Subsections A and B of this section shall include but not be limited to the following: facility location and capacity, date of installation, contents, type of facility and type of monitoring systems, if any, results of life expectancy determinations, and any other information which the Fire Marshal deems necessary to accomplish the purposes of this chapter.
D. 
Abandoned and out-of-service facilities. By July 1, 1996, the owner of an abandoned or temporarily out-of-service facility shall notify the Office of the Fire Marshal of the location, type and capacity of such facility and the date it was abandoned or removed from service. The reports shall be filed in the Building Department and in the Office of the Fire Marshal.
E. 
Within thirty (30) days of completion of a failure determination required by § 163-16, the owner shall notify the Fire Marshal of the result of such failure determination.
F. 
Owners of any tank component of a facility which has been removed from the site at which the facility was installed shall submit to the Fire Marshal, within forty-five (45) days after such removal, a certified copy of the certificate of disposal required to be obtained and maintained under § 163-18 of this chapter.
G. 
Owners shall report any changes in information provided in accordance with this subsection within thirty (30) days.
H. 
Each notification required by Subsection D shall be submitted forms furnished or prescribed by the Fire Marshal. The reports shall be filed in the Building Department and in the Office of the Fire Marshal.
A. 
New facilities. All new facilities and new components of substantially modified facilities shall conform to the following standards:
(1) 
Each underground tank or container shall:
(a) 
Be a listed fiberglass reinforced plastic (FRP) tank which is equipped with contact plates under all fill and gauge openings and is chemically compatible with the contained oil or petroleum liquid as determined by the tank or container manufacturer's warranty; or
(b) 
Be a listed steel tank externally coated with a factory-applied corrosion-resistant coating approved by the manufacturer for the proposed use, and equipped with cathodic protection and permanent cathodic protection monitoring devices, and contact plates under all fill and gauge openings.
(2) 
Each new underground container shall have the following minimum separation distance from water supply wells:
(a) 
Single-wall tank or container shall be located not less than seventy-five (75) feet from a water supply well.
(b) 
Double-wall tank or container with an interstitial monitoring space shall be located not less than twenty-five (25) feet from a water supply well.
(3) 
All other underground facility components shall:
(a) 
Be protected against corrosion by use of noncorrosive materials or steel components with factory-applied corrosion-resistant coating and cathodic protection and permanent cathodic protection monitoring devices;
(b) 
Be designed, constructed and installed so as to allow failure determination of all underground piping without the need for substantial excavation; and
(c) 
Be chemically compatible with the contained oil or petroleum liquid as determined by the manufacturer's warranty.
B. 
Installation and maintenance. The installation and maintenance of underground components of new facilities and the substantial modification of underground components of new or existing facilities shall be done in accordance with NFPA 30 and/or NFPA 31 and the manufacturer's specifications and recommendations. If provisions of NFPA 30 or NFPA 31 are inconsistent with the manufacturer's specifications or recommendations, the provision which imposes the most stringent and protective requirement shall control. Within thirty (30) days after completion of installation, the owner shall submit to the Fire Marshal a statement signed by the installation contractor, certifying that the facility complies with, and the installation has been carried out in accordance with, this subsection.
C. 
Cathodic protection. All cathodic protection monitoring devices and cathodic protection systems for underground component shall meet the specifications of the manufacturer of the component(s) being protected and shall be installed and maintained in accordance with the specifications and recommendations of the manufacturer(s) of the monitoring device, the cathodic protection system and the underground component being protected, as applicable. If a manufacturer's specifications or recommendations are inconsistent with any provision of this chapter, the provision which imposes the most stringent and protective requirement shall control. Within thirty (30) days after completion of installation, the owner shall submit to the Fire Marshal a statement signed by the installation contractor certifying that the installation has been carried out in accordance with this subsection.
D. 
Testing of cathodic protection systems. All cathodic protection systems which protect underground facility components shall be tested annually. A structure to soil test voltage reading of at least minus eighty-five hundredths (-0.85) volts measured between the structure and a copper/copper sulfate electrode must be maintained. Voltage drops other than those across the structure electrolyte boundary must be considered for valid interpretation of the voltage measurements. Impressed current cathodic protection systems shall be checked monthly to assure that the system rectifier providing the source of current is operating properly. A monthly record of rectifier current and voltage output shall be maintained. If any cathodic protection system malfunctions or fails to meet the above structure to soil test voltage requirement, it shall be repaired as quickly as possible, but in no event later than thirty (30) days from the date of discovery of the malfunction. Anodes shall be replaced when all other corrective measures which have been taken are not sufficient to maintain the structure to soil test voltage of at least minus eighty-five hundredths (-0.85) volts. Other cathodic protection criteria may be used upon written approval of the Fire Marshal.
No underground components of any existing facility shall be used or operated after July 1, 1999, or for longer than five (5) years beyond its life expectancy as determined in accordance with § 163-15 of this chapter, whichever is later, unless such component is modified so as to comply with the standards for new facilities specified in § 163-9 above. The owner of a facility component for which the date of initial installation cannot be documented to the satisfaction of the Fire Marshal and for which the life expectancy cannot be determined according to § 163-15 of this chapter shall not use or operate such component beyond July 1, 1999, unless such component is modified so as to comply with the standards for new facilities specified in § 163-9 above. If the component is not so modified, it must be removed or abandoned in accordance with procedures specified in NFPA 30 and § 163-18 of this chapter.
No underground component of a facility shall be moved from one location to another without prior written approval of the Fire Marshal. Approval for relocation shall be based on proposed use and environmental safeguards.
No owner of a facility that complies with the standards for new facilities specified in § 163-9 above shall use or operate any underground component of that facility beyond its life expectancy as determined in accordance with § 163-15 of this chapter. Prior to the last day of life expectancy of a facility component, the owner shall remove or abandon the facility component in accordance with the procedures specified in NFPA 30 and § 163-18 of this chapter.
No owner shall transfer ownership of any new or existing facility without full disclosure to the transferee of the status of the facility with respect to compliance with this chapter at least fifteen (15) days prior to the transfer. Such disclosure shall include an up-to-date copy of the information submitted to the Office of the Fire Marshal pursuant to § 163-8.
Records; abnormal loss or gain requirements shall be as follows: [NOTE: See § 163-7 for facilities which are exempt from records; abnormal loss or gain requirements.]
A. 
Activity records. The owner of a new or existing facility shall assure the maintenance of up-to-date records of significant construction or installation activities; monitoring, substantial modifications, abandonment, removal or replacement of underground components or protective devices for such components; and any other activity required by an order of the Fire Marshal. The owner shall review such records and attest to their accuracy by signing them no later than seven (7) days following completion of the recorded activity.
B. 
Daily inventory records. [NOTE: See § 163-7 for facilities which are exempt from daily inventory record requirements.]
(1) 
The owner of a new or existing facility shall assure that the following information is recorded: on a daily basis, the amount of product sold, used and received, and the level of water and product in the tank or container; and on a weekly basis, a reconciliation comparing these figures to determine whether an abnormal loss or gain has occurred. Separate records shall be maintained for each system of interconnected tanks or containers and serving pumps or dispensers. The owner shall review such records and attest to their accuracy by signing them no later than seven (7) days following their recording.
(2) 
Daily inventory measurements shall be made by gauge or gauge stick or by readout from a listed automatic monitoring device. Such measuring devices shall be calibrated and maintained in accordance with the manufacturer's specifications and recommendations.
(3) 
Daily inventory measurements need not be recorded on those days when a facility is not in operation, except that, if such period exceeds fifteen (15) consecutive days, inventory measurements shall be recorded every 15th day. A day on which product is delivered to the facility shall be considered a day of operation.
(4) 
The Fire Marshal may require an owner to perform a failure determination of any facility for which daily inventory records are not maintained in accordance with this subsection.
(5) 
When inventory reconciliation indicates an abnormal loss or gain which is not explainable by spillage, or temperature variations, the owner shall assure the immediate investigation and correction of the source of the abnormal loss or gain. At a minimum, the owner shall take as many of the following steps as necessary to confirm an abnormal loss or gain:
(a) 
When an inventory record error is not apparent, a recalculation to determine abnormal loss or gain shall be made starting from a point where the records indicate no abnormal loss or gain.
(b) 
A detailed visual inspection of those components of the facility which are readily accessible for evidence of failure shall be performed.
(c) 
The dispensers of the particular oil or petroleum liquid in question shall be checked for proper calibration.
(d) 
A failure determination shall be performed on the piping system between the storage tank or container and dispenser(s) in accordance with § 163-16 of this chapter.
(e) 
A failure determination shall be performed on the tank or container in accordance with § 163-16 of this chapter.
(6) 
When an abnormal loss or gain is confirmed, the owner shall immediately report the abnormal loss or gain to the State Police in accordance with Section 22a-450 of the General Statutes, as amended, and to the Office of the Fire Marshal.
C. 
All records required by Subsections A and B of this section shall be kept on the premises of the facility for a period of at least five (5) years and shall be available for immediate inspection by the Fire Marshal or his or her representative during reasonable hours.
A. 
General. This subsection, in conjunction with § 163-16 of this chapter, specifies when a failure determination must be performed and when the owner must discontinue use of a facility component in accordance with §§ 163-10 and 163-12 of this chapter. (See § 163-7 for facilities which are exempt from life expectancy requirements.)
B. 
Life expectancy. Life expectancy determinations shall be conducted for underground components of new facilities within thirty (30) days following completion of installation or substantial modification of the component and shall be conducted for underground components of existing facilities by July 1, 1996, as specified in Subsection C(5) of this section.
C. 
Determination of life expectancy. Life expectancy shall be as follows:
(1) 
For fiberglass-reinforced plastic (FRP) facility components, the period of the manufacturer's corrosion warranty.
(2) 
For cathodically protected facility components that meet the requirements of § 163-9 of this chapter, the period of the manufacturer's corrosional warranty, or the life expectancy of the existing or replacement anode(s) as calculated using standard formulae approved, in writing, by the Fire Marshal.
(3) 
If the cathodic protection system malfunctions or fails to meet the structure to soil test voltage requirement in § 163-9 and is not repaired or replaced within thirty (30) days, the life expectancy of the facility components protected by the system shall be reestablished in accordance with either Subsection C(4) or D. If life expectancy must be reestablished in accordance with Subsection C(4), the period specified by Subsection C(4) shall be deemed to have begun on the earliest date of malfunction or the earliest date on which the structure to soil test voltage reading was less negative than minus eighty-five hundredths (-0.85) volts, as applicable, provided that the period specified by Subsection C(4) shall not extend beyond the last day of the component's initial life expectancy period.
(4) 
For facility components not covered in Subsections C(1) through (3) of this section, the life expectancy shall be fifteen (15) years from the date of installation. If the date of installation cannot be documented, the life expectancy shall be determined by a method approved by the Fire Marshal. (See § 163-10.)
(5) 
The life expectancy of existing facility components which are not in compliance with the standards listed in § 163-9A may be extended by any method, provided that it meets all of the following conditions which apply in the instance under consideration:
(a) 
A failure of the facility component in question has never occurred, as determined by a failure determination conducted in accordance with § 163-16A of this chapter or by an alternative method used with the prior written approval of the Fire Marshal.
(b) 
The facility component shall not be used or operated for longer than five (5) years beyond its extended life expectancy.
(c) 
No tank or container shall be lined more than once to extend its life expectancy.
(d) 
The period for which the life expectancy will be extended shall be determined by the owner in a manner approved, in writing, by the Fire Marshal.
(e) 
The facility component has not exceeded its original life expectancy as of the date of the lining installation.
(f) 
The facility component is not used to store gasoline or other flammable liquids.
D. 
The life expectancy of a facility component may be determined by a method other than those set forth in Subsection C of this section upon written approval of the Fire Marshal.
Failure determination requirements shall be as follows: [NOTE: See § 163-7 for facilities which are exempt from failure determination requirements.]
A. 
General. Failure determinations shall consist of any test that takes into consideration the temperature coefficient of expansion of the product being tested as related to any temperature change during the test, and is capable of detecting a loss of five-hundredths (0.05) gallons per hour. Such test shall be conducted in accordance with NFPA 329. Failure determination equipment and methods shall be installed, calibrated, operated and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability and running condition.
B. 
Failure determination requirements.
(1) 
Failure determination shall be conducted by the owner for all underground components of new and existing facilities as follows:
(2) 
On all fiberglass-reinforced plastic (FRP) facility components, within three (3) to six (6) months after their installation, and within twenty-four (24) to twenty-one (21) months and within twelve (12) to nine (9) months prior to the end of their life expectancy.
(3) 
On all cathodically protected facility components, within twenty-four (24) to twenty-one (21) months and within twelve (12) to nine (9) months prior to the end of their life expectancy.
(4) 
Beginning three (3) years following the effective date of this chapter, on all existing facility components which are not in compliance with the standards listed in § 163-9 of this chapter, within thirty-six (36) to thirty-three (33) months prior to the end of their life expectancy and annually thereafter.
C. 
Alternative methods of failure determination. Alternative methods and schedules for failure determination may be used with the prior written approval of the Fire Marshal.
A. 
Report required. An owner of a new or existing facility shall immediately report any failure to the State Police (in accordance with Section 22a-450 of the Connecticut General Statutes, as amended) and to the Office of the Fire Marshal.
B. 
Procedures required in the event of a failure.
(1) 
The owner of a new or existing facility at which a failure occurs shall immediately empty and discontinue the use of the failed facility component, and:
(a) 
Remove or abandon it within ninety (90) days in accordance with procedures specified in NFPA 30;
(b) 
Repair it within sixty (60) days in accordance with the manufactures instructions and NFPA 30; or
(c) 
Replace all damaged components in accordance with the standards listed in § 163-9 of this chapter.
(2) 
The owner of a new or existing facility which discharges oil or petroleum liquids without a permit issued pursuant to Section 22a-430 of the General Statutes shall immediately cease such discharge and reclaim, recover and properly dispose of the discharged liquid and any other substance contaminated by it, restore the environment to a condition and quality acceptable to the Department of Environmental Protection and repair damage caused by the discharge, all to the satisfaction of the Commissioner of Environmental Protection.
(3) 
When a failure occurs at a new or existing facility, all of such facility's components shall be evaluated within thirty (30) days to determine whether similar conditions to that which caused the failure exist. Within ten (10) days following such evaluation, the owner shall notify the Fire Marshal, in writing, of the methods and results of each such evaluation.
(4) 
If an additional failure is detected, the owner shall act in accordance with this subsection.
A. 
Notification. An owner shall notify the Office of the Fire Marshal, in writing, within thirty (30) days when a new or existing facility is rendered temporarily out-of-service.
B. 
No person shall use or operate a temporarily out-of-service facility without giving prior written notice to the Office of the Fire Marshal that such facility will be used or operated.
(1) 
Abandonment procedure. A facility or facility component shall be abandoned in accordance with procedures specified in NFPA 30.
(2) 
Operation. No person shall use or operate an abandoned facility.
The owner shall obtain and maintain a certificate of disposal for each tank component of the facility removed from the installation site. Such certificate of disposal shall be prepared by the owner within forty-five (45) days after the date of tank component removal from the installation site and shall:
A. 
Include the method, date and location of the tank component disposal;
B. 
Include, for each tank component removed from the installation site, the material of construction, type of construction (single- vs. double-wall), capacity in gallonage, date of initial installation, manufacturer's name, Underwriter's Laboratories Inc. identification number, any registration number and any other identification information; and
C. 
Be signed by the owner of the tank component and by the individual or individuals actually responsible for performing the disposal, each of whom shall certify, in writing, as follows:
"I have personally examined and am familiar with the information contained in this document and all attachments and certify that based upon reasonable investigation, including my inquiry of those individuals responsible for obtaining the information, the submitted information is true, accurate and complete to the best of my knowledge and belief."
Date:
Signature:
A. 
General. The Fire Marshal may grant a variance or partial variance from one (1) or more of the provisions of this section, provided that such variance will not endanger the public health, safety or welfare or allow pollution of the air, land or waters of the town. An application for a variance shall be submitted by the landowner on a form furnished or prescribed by the Fire Marshal and shall include such information as he or she requires.
(1) 
Failure to supply all information necessary to enable the Fire Marshal to make a determination regarding the application shall be cause for rejection of the application.
(2) 
The Fire Marshal shall reject an application for a variance as untimely if it is received less than ninety (90) days prior to the required date of compliance for which the variance is sought.
B. 
In acting on a request for a variance, the Fire Marshal shall balance the degree to which compliance with the requirement in question would create an undue hardship for the applicant against the benefit to the environment and the public from the applicant's strict compliance with that requirement.
C. 
The Fire Marshal may limit the duration of a variance and include in a variance any conditions which he or she deems necessary. A variance may be revoked or modified for failure to comply with any such conditions.
Any person whom violates any provision of this chapter shall be subject to the following penalties and fines:
A. 
Any person who fails to comply with the following section(s) and or subsection(s): § 163-8, Reporting; §§ 163-9 through 163-12, dealing with design, construction, installation and maintenance; § 163-13, Transfer of facilities; disclosure required; § 163-14 Records; abnormal loss or gain; § 163-15, Life expectancy; § 163-16; Failure determination; § 163-17, Failures; § 163-18, Abandoned and temporarily out-of-service facilities; and/or § 163-19, Removal and disposal of facility components, as defined by this chapter, shall be notified of his or her violations and given an opportunity to correct said violations. Said notification may take the form of verbal instruction or written notice.
B. 
In addition, persons failing to comply with the following section(s) and or subsection(s): § 163-8, Reporting; §§ 163-9 through 163-12, dealing with design, construction, installation and maintenance; § 163-13, Transfer of facilities; disclosure required; § 163-14, Records; abnormal loss or gain; § 163-15, Life expectancy; § 163-16, Failure determination; § 163-17, Failures; § 163-18, Abandoned and temporarily out-of-service facilities; and/or § 163-19, Removal and disposal of facility components, as defined by this chapter, shall be in violation of this chapter and shall be subject to the penalties and fines outlined therein, provided that notification has been given as provided in § 163-19A above, and further provided that the fines for said violations shall be as follows:
(1) 
First violation: notification as provided by § 163-19A.
(2) 
Second violation: twenty-five dollars ($25.) for each separate violation and each day of continued violation.
(3) 
Third violation: fifty dollars ($50.) for each separate violation and each day of continued violation.
C. 
The Fire Marshal may, when appropriate, seek enforcement of the provisions of this chapter by injunction and, in such event, the violator shall pay, as damages, a reasonable attorney's fee in prosecuting said action.