[HISTORY: Adopted by the Town of North Haven: Art. I, 10-11-1943
Annual Town Meeting; Art. II, 4-6-1988 Special Town Meeting.
Amendments noted where applicable.]
[Adopted 10-11-1943 ATM]
A.
No gasoline or other combustible fluid in excess of five
gallons shall be stored in any building, and then only if the same is placed
in metal containers with properly sealed tops.
B.
No gasoline or other combustible fluid in excess of five
gallons may be stored or kept in any building unless approval is first obtained
from the Fire Marshal of the respective district of the Town of North Haven.
C.
Said application requiring approval by said Fire Marshal
shall not apply to gasoline or other combustible fluids in excess of five
gallons if the same are stored in underground tanks.
D.
Any person who shall violate any provision of this ordinance
shall be fined not more than $25 for each violation.
A.
Kerosene or range oil, not to exceed 50 gallons and provided
that the same is stored in metal containers, may be stored and kept on the
premises, provided that the same is stored below the first floor and provided
further that access to said containers shall at all times be kept free from
any debris or combustible material.
B.
No kerosene or range oil in excess of 50 gallons shall
be kept, stored or maintained in any part of any building without first obtaining
permission to do so from the district Fire Marshal of said town.
C.
Any person who shall violate any provision of this ordinance
shall be fined not more than $25 for each violation.
[Adopted 4-6-1988 STM]
This ordinance is adopted by the Town of North Haven under its statutory
authority as set forth in Section 7-148 of the Connecticut General Statutes
and in the Charter of the Town of North Haven.
The purpose of this ordinance is to regulate the residential underground
storage of oil, gasoline and petroleum liquids to protect the public health,
to preserve and maintain the existing and potential groundwater supply; groundwater
recharge areas and surface waters within the Town of North Haven and to keep
these waters free from contamination.
The nonresidential underground storage and handling of oil and petroleum
liquids is prescribed in Section 22a-449(d) of the Regulations of Connecticut
State Agencies.
The following definitions are applicable to the interpretation and implementation
of this ordinance:
The emission of any water, substance or material into the waters
of the state, whether or not such substance causes pollution.
A tank or tanks, together with associated piping, pumps and auxiliary
equipment, used to store, transmit or dispense oil or petroleum liquids. As
used in this ordinance, "facility" refers only to residential underground
facilities.
Oil or petroleum 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.
When referring to a facility, any facility serving any house, apartment,
trailer, mobile home or other structure occupied by individuals as a dwelling.
When referring to a facility or facility component, means that 10%
or more of the volumetric capacity of the facility or component is below the
surface of the ground and not fully visible for inspection. Freestanding basement
tanks are not defined as "underground" tanks.
A.
Owners of existing underground residential facilities
which contain or are used to contain fuel oil must, within 90 days after the
effective date of this ordinance, report to the Building Inspector the address
at which each facility may be found, its physical location with respect to
the dwelling served, its approximate capacity and its approximate date of
installation. This requirement shall not apply to owners of such facilities
if they were installed after January 1, 1972, and are already recorded on
the records of the Building Inspector. The Building Inspector shall provide
a form substantially in conformance with Appendix A[1] hereto which shall be used to report the required information.
[1]
Editor's Note: Appendix A is on file in the office of the Town
Clerk.
B.
Owners of existing underground residential facilities which contain or are used to contain kerosene, naphtha, gasoline and/or benzene must, within 90 days after the effective date of this ordinance, report to the Fire Marshal, on the form referred to in Subsection A above, the address at which each tank may be found, its physical location with respect to the dwelling served, its approximate capacity and its approximate date of installation. This requirement shall not apply to owners of such facilities if they were installed after January 1, 1972, and are already recorded on the records of either the Building Inspector or the Fire Marshal.
A.
If there is evidence of possible leakage from a facility,
such as odor of gasoline or oil infiltration in the soil, or if exposed portions
of the facility or its pipes and fittings show evidence of serious corrosion,
the Building Inspector (in the case of a fuel oil facility) or the Fire Marshal
(in the case of a kerosene, naphtha, gasoline or benzene facility) may require
the owner of such underground residential oil or petroleum liquid facility
to test it for leaks.
B.
Any leak from an underground residential oil or petroleum liquid facility constitutes a prohibited discharge which must be reported to the state police immediately and within 24 hours to the Building Inspector (in the case of a fuel oil facility) or the Fire Marshal (in the case of a kerosene, naphtha, gasoline or benzene facility). The owner must empty the tank at the earliest possible date. Within 60 days the owner must permanently discontinue use of the tank; have it repaired by a proven method, such as pursuant to the Recommended Practice for Interior Lining of Existing Steel Underground Storage Tanks, published by the American Petroleum Institute, provided that such repair must be guaranteed against leakage, in writing, for at least 10 years by a recognized tank repair company; or have it replaced by an aboveground facility or by an underground facility which meets the requirements of § 155-9. No facility may be repaired more than one time.
C.
In the event of a leak or spill, the owner must immediately
cease the discharge and recover the spilled liquid and any other substance
(soil or water) contaminated by it. The owner shall be required to restore
the environment to a condition and quality acceptable to the Commissioner
of Environmental Protection.
All new underground residential oil and petroleum liquid facilities shall conform to the design and construction requirements of existing state laws and regulations pertaining to nonresidential underground petroleum storage and shall be reported to the Building Inspector (in the case of a fuel oil facility) or the Fire Marshal (in the case of a kerosene, naphtha, gasoline or benzene facility) on the form referred to in § 155-7A hereof within 30 days of their installation.
A.
Right of entry. The Building Inspector and the Fire Marshal
may enter upon private property for the purpose of making inspections and
determining compliance with this ordinance.
B.
Penalty. Any person who violates a provision
of this ordinance shall be subject to a fine of not more than $100 per day
for each day or portion thereof during which a violation continues. Upon the
request of the Building Inspector or the Fire Marshal, the Town Counsel shall
take such legal action as may be necessary to enforce this ordinance, including
the seeking of injunctive relief, and may recover the costs, including legal
fees, of such action.