[HISTORY: Adopted by the Board of Health of the Town of Walpole effective 7-9-1985.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A loss or apparent gain in product exceeding 0.5% of the volume of
product used or sold.
Areas of the Water Resource Protection Districts as identified by
IEP, Inc. Consulting Environmental Scientists (1985).
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.
The person(s) who owns, as real property, the tank storage system
used for the storage and dispensing of flammable and combustible liquids.
A.
Every owner of an underground gasoline, fuel or chemical
storage system shall file with the Board of Health the size, type, age and
location of each tank, and the type of material stored, on or before September
1, 1985, or before the installation of a new tank. Evidence of date of purchase
and installation, including Fire Department permit, shall be included.
B.
Owners of tanks for which evidence of installation date
is not available shall at the order of the Board of Health have such tanks
tested or uncovered for inspection. If, in the opinion of the agent of the
Board of Health or head of the Fire Department, the tank is not product-tight,
it shall be removed.
(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.
A.
Any person who is aware of a spill or abnormal loss of
product shall report such spill or loss immediately to the head of the Fire
Department, and within two hours to the Board of Health.
B.
All leaking tanks must be emptied within 24 hours of
leak detention and either removed or repaired within a time specified by the
Board of Health under the direction of the head of the Fire Department.
C.
Service companies shall report to tank owners and the
Board of Health any unaccounted for significant increase in heating fuel consumption
which may indicate a leak.
A.
All tanks shall be properly installed as per Massachusetts
fire prevention regulations and manufacturers' specification, under the direction
of the head of the Fire Department. Tanks shall be of approved design and
protected from internal and external corrosion. All tanks must meet the approval
of the Fire Department and its location must be approved by the Water and
Sewer Commission and the Board of Health.
B.
Tanks shall be installed by a manufacturer's
approved installation contractor. Installers must also be approved by the
head of the Fire Department.
C.
If it is necessary to replace or interior-coat an underground steel tank which developed a corrosion induced leak, all other steel tanks at the facility which are the same age or older whether or not they are leaking shall be interior-coated or replaced with tanks that meet the requirements of Subsection A.
D.
If a cathodic protection system is installed, an ongoing
monitoring and maintenance program shall be conducted. If sacrificial anodes
have been installed, their proper operation shall be confirmed by a qualified
person at least once a year.
E.
The operator shall notify the head of the Fire Department
prior to the commencement of tank installation. The head of the Fire Department
or the Board of Health may require repair of protective coatings prior to
installation or final cover.
F.
Removal of underground storage tanks shall be done in
compliance with MGL c. 148, § 38A, and Board of Fire Prevention
Regulations 527 CMR 10.12. The Board of Health shall be notified when a tank
is removed. If, in the opinion of the agent of the Board of Health, a leak
occurred, an investigation into the amount, location, and direction of the
spilled substance shall be undertaken at the expense of the owner. If the
agent of the Board of Health deems clean up necessary, it shall also be done
at the expense of the owner.
G.
All underground storage tanks and boilers in the cellar
of buildings that have not been in use for one year must be removed at the
expense of the owner.
A.
Following the effective date of this regulation, the
installation of new underground fuel, gasoline or other chemical storage tanks
on single-family or two-family residential sites is prohibited, except to
replace an existing underground fuel storage tank.
B.
Within Areas 1 and 2 of the WRPD all fuel, gasoline or
other chemical tanks in service at single-family or two-family residential
sites on the effective date of this regulation shall be removed from service
20 years after the date of installation. If the date of installation is unknown,
it shall be assumed to be January 1, 1966.
C.
All residential tanks in Areas 1 and 2 of the WRPD shall
be subject to a Petro-tite (Kent-Moore) Pressure Test or any other pressure
test approved by the Board of Health, providing at least the same measure
of accuracy and safety, 15 years after installation and every year thereafter.
D.
All residential tanks not in Areas 1 and 2 of the WRPD
shall be subject to a Petro-tite (Kent-Moore) Pressure Test or any other pressure
test approved by the Board of Health, providing at least the same measure
of accuracy and safety, 20 years after installation and every other year thereafter.
E.
All tank testing results must be forwarded to the Board
of Health. If tests are not done or results not forwarded to the Board of
Health penalties can occur.
F.
Replacement of existing residential tanks must meet all
present regulations and must be preapproved by the Fire Department, Water
and Sewer Commission and the Board of Health in regards to location and tank
selection before installation occurs.
A.
The installation of subsurface fuel, gasoline or other
chemical storage systems within Areas 1 and 2 of the Water Resource Protection
Districts, as identified by IEP, Inc. Consulting Environmental Scientists
(1985), is prohibited, except to replace an existing residential underground
fuel storage tank.
B.
The Board of Health may require the installation of one
or more groundwater observation wells at any site where fuel, gasoline or
other chemical is stored underground within Areas 1 and 2 of the Water Resource
Protection Districts, as identified by IEP, Inc. Consulting Environmental
Scientists (1985). Water samples from such observation wells may be required
by the Board of Health at any reasonable time and shall be analyzed at the
expense of the owner at the order of the Board of Health.
In every case, the operator shall assume responsibility for costs incurred
necessary to comply with this regulation.
A.
Variances from this regulation may be granted by the
Board of Health after a hearing at which the applicant establishes that the
installation or use of an underground storage tank will not adversely affect
public or private water resources.
B.
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, existing and known future water supplies.
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.
