[1]
Editor's Note: The preamble of these regulations provided
as follows:
"Whereas, leaking underground storage tanks pose an immediate
and serious threat to Cape Cod's sole aquifer, and,
"Whereas, the Town of Orleans does not have records to locate
all such tanks installed within the Town,
"Therefore, under Chapter 111, Section 31, of the Massachusetts
General Laws, the Orleans 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 these regulations, the following terms shall have
the meanings indicated:
All liquid hydrocarbon products, including but not limited to gasoline, fuel and diesel oil and any other toxic or corrosive chemicals, radioactive materials or other substances controlled as being toxic or hazardous by the Division of Hazardous Waste of the Commonwealth of Massachusetts under the provisions of MGL C. 21C, § 1, et seq.
The following regulations apply to all underground 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 to the following criteria: In that the United States
Environmental Protection Agency designated the Town of Orleans as
overlying a sole source aquifer, secondary containment and an approved
in-tank or interstitial space monitoring system shall be required
for new or replacement tanks.
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 9.00, Tanks and Containers,
to all tanks containing fuel oil, whose contents are used exclusively
for consumption on the premises, and to farm and residential tanks
of one thousand one hundred (1,100) gallons' capacity, or less, used
for storing fuel oil for noncommercial purposes:
A.Â
Owners shall file with the Board of Health, on or before July 1,
1987, the size, type, age and location of each tank and the type of
fuel or chemical stored in it. Evidence of the date of purchase and
installation, including a 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,
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 in such a location as to be visible
to any distributor when filling the tank and to any inspector authorized
by the town.
B.Â
Effective July 1, 1987, 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 of the
existence and location of any unregistered or untagged tank which
he is requested to fill. Such notification must be completed within
two (2) working days of the time the distributor discovers that the
tank registration tag is not affixed to the fill pipe.
C.Â
Prior to the sale of a property containing an underground storage
tank, the Fire Department must receive a completed change of ownership
registration form for the underground storage tank from the current
owner. Such application can be obtained from the Fire Department.
The tank owner shall have each tank and its piping tested for
tightness fifteen (15) years after installation and annually after
twenty (20) years. A tank shall be tested by any final or precision
test not involving air pressure that can accurately detect a leak
of five-hundredths (0.05) gallon per hour, 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, as providing
equivalent safety and effectiveness. Piping shall be tested hydrostatically
to one hundred fifty percent (150%) of the maximum anticipated pressure
of the system. Certification of the testing shall be submitted to
the Board of Health 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 by December 31,
1987.
A.Â
Any person who is aware of a spill or loss of product shall report
such spill or loss immediately to the head of the Fire Department.
B.Â
Service companies shall report to tank owners and the Board of Health
any unaccounted-for increase in petroleum or chemical consumption
which may indicate a leak.
A.Â
All fuel, gasoline or other chemical tanks not regulated under 527
CMR 9.00 [farm or residential tanks of one thousand one hundred (1,100)
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 thirty (30) years after the date of installation.
If the date of installation is unknown, it shall be assumed to be
January 1, 1967. All underground storage tanks currently subject to
the removal requirements [thirty (30) years or older] must be removed
by December 31, 1987.
B.Â
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 Chapter 148 of the General Laws.
C.Â
Any person granted a permit by the Marshal or the head of a local Fire Department to remove a tank, under the provisions of Chapter 148 of the General Laws or 527 CMR 9.00, shall, within seventy-two (72) hours, provide the permit-granting authority with a receipt for delivery of said tank to the site designated on the permit.
D.Â
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 Chapter 148 of the General Laws or 527 CMR 9.00, 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 CMR 3.00 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 the 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.
This regulation supersedes Health Regulations to Prevent Leaking
of Underground Fuel and Chemical Storage Systems, adopted October
10, 1980, by the Orleans Board of Health.
