As used in this chapter, the following terms shall have the meanings
indicated:
ABNORMAL LOSS OR GAIN
A loss or apparent gain in product exceeding 0.5% of the volume of
product used or sold.
AREAS OF THE WRPD
Areas of the Water Resource Protection Districts as identified by
IEP, Inc. Consulting Environmental Scientists (1985).
OPERATOR
The lessee or person(s) in control of and having responsibility for
the daily operation of the facility for the storage and dispensing of flammable
and combustible liquids.
OWNER
The person(s) who owns, as real property, the tank storage system
used for the storage and dispensing of flammable and combustible liquids.
(Tanks utilized for the storage of heating oil less than 1,000 gallons
in size will be exempt from Subsections A, B and C.)
A. Underground storage systems shall have a method of accurately
gauging the volume contained in the tank and a method of accurately metering
the quantity of product removed during service. The metering device shall
be maintained in accurate calibration. Storage systems in service at the time
of passage of this regulation shall be in compliance within 90 days of the
effective date of this regulation.
B. Accurate daily inventory records, as required by Massachusetts
Fire Prevention Regulations — 527 CMR 5.05(3), shall be based on actual
daily measurement and recording of tank product and water levels and the daily
recording of actual sales, use and receipts. The inventory records shall include
a daily computation of gain or loss. The mere recording of pump meter readings
and product delivery receipts shall not constitute adequate inventory records.
C. Inventory verification.
(1) The owner and operator shall participate in a program
of regularly scheduled inventory verification. Frequency of inventory verification
shall be as follows: annually, for systems from which less than 25,000 gallon
per month of product is sold or used: semiannually for systems
from which 25,000 gallons to 100,000 gallons per month of product is used
or sold: quarterly for systems from which more than 100,000 gallons per month
is used or sold. Owners shall submit annually to the Board of Health a certified
statement that inventory records have been maintained and reconciled as required
by Massachusetts fire prevention regulations. Such records shall be made available
to the Board of Health upon its request.
(2) Where the storage tanks are owned by the operator, inventory
verification shall be performed by a certified auditor or other independent
qualified person approved by the Board of Health.
D. All underground storage tanks shall be subject to a Petro-tite
(Kent-Moore) Pressure Test or any other approved pressure test providing equivalent
safety and effectiveness three years after installation and then again at
age 10, 13, 15, and 17.
E. Nonconforming underground storage tanks installed prior
to January 1, 1966, shall be removed and properly disposed of by January 1,
1986. All other nonconforming underground storage tanks and all commercial
underground storage tanks shall be removed when 20 years old. At such time
the exhumed tank shall be examined for leaks. If a leak exists an investigation
of amount and location of spilled substance shall be undertaken at the expense
of the owner. If, in the opinion of the agent of the Board, the spilled substance
poses a significant threat to health and safety, it shall be removed by the
owner. Conforming tanks are tanks that meet the Board of Fire Prevention Regulations
527 CMR 9.07, Tank Design and Construction Criteria.
In every case, the operator shall assume responsibility for costs incurred
necessary to comply with this regulation.
Written notice of any violation of this regulation shall be given to
the owner of the underground storage tank by the agent of the Board of Health,
specifying the nature of the violation, any corrective measures that must
be undertaken, including cleanup of discharged materials, removal of tanks,
or tank testing for integrity of the tanks; and for a schedule of compliance.
Cleanup of discharged materials must be started immediately. Testing and removal
of tanks must be complied to within 90 days. The cost of compliance shall
be borne by the owner of the underground storage tank.
Penalty for failure to comply with any provisions of this regulation shall be subjected to a fine, court action, or both after notice thereof under §
804-10 above.