[HISTORY: Adopted by the Town Meeting of the Town of Sharon
as Art. 27 of the Town Bylaws. Amendments noted where applicable.]
The purposes of this bylaw are, through regulation of the design,
construction, installation, testing and maintenance of underground
hazardous materials or regulated substances storage facilities, to
protect public health from the contamination of public and private
water supplies due to leakage from such facilities, to protect the
public safety from the dangers of fire and explosion associated with
such leakage, and to protect the general welfare by preserving limited
water supplies for present and future use.
As used in this bylaw, the following terms shall have the meanings
indicated:
Being out of service for a continuous period in excess of
six months, in the case of a storage facility for which a license
from the local licensing authority is required under the provisions
of MGL c. 148, § 13, as amended, and for a period in excess
of 24 months, in the case of any other storage facility.
A system that inhibits the corrosion of a tank or components
through either the sacrificial anode or the impressed current method
of creating a corrosion-inhibiting electrical current.
Piping, pumps and other related storage, conveyancing and
dispensing elements that, together with one or more tanks and any
cathodic protection or monitoring system, constitute a storage facility.
The disposal, deposit, injection, dumping, spilling, leaking,
incineration, or placing of any hazardous material into or on any
land or water so that such hazardous material or any constituent thereof
may enter the environment or be emitted into the air or discharged
into any water, including groundwaters.
The date on which the bylaw is approved by a Town Meeting,
provided the bylaw thereafter becomes effective under the provisions
of MGL c. 40, § 32, as amended.
A product or waste or combination of substances which, because
of quantity, concentration, or physical, chemical or infectious characteristics,
poses, in the Board of Health's judgment, a substantial present or
potential hazard to the human health, safety or welfare, or the environment
when improperly treated, stored, transported, used or disposed of,
or otherwise managed. Any substance deemed a hazardous waste in MGL
c. 21C shall also be deemed a hazardous material for the purposes
of this bylaw.
Any uncontrolled movement, measurable by a final or precision
test that can accurately detect a leak of 0.05 gallon per hour or
less, after adjustment for relevant variables such as temperature
change and tank end deflection, of hazardous materials or regulated
substances out of a tank or its components; or any uncontrolled movement
of water into a tank or its components.
A system installed between the walls of double-walled tanks,
inside a tank, or in the vicinity of a tank for the purpose of early
detection of leaks.
A small-diameter nonpumping well used to measure the existing
groundwater level and/or to obtain samples (water or other liquids)
for appropriate chemical analysis.
All those locations where storage facilities are located
and which locations which are not houses, domiciles, dwellings, or
abodes. Such locations include without limitation commercial, office,
industrial, lodging house, motel, hotel, and public uses such as schools
and/or houses of worship.
The lessee of a storage facility or other person or persons
responsible for the daily operation of a storage facility.
Not in use, in that no filling or withdrawal is occurring.
The person or persons or government entity having legal ownership
of a storage facility.
One who has a thorough working knowledge of underground storage
facilities and at least two years of related experience.
Any substance defined in Section 101(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (but
not including any substance regulated as a hazardous waste under Subtitle
C of the Solid Waste Disposal Act); and petroleum, including crude
oil or any fraction thereof which is liquid at standard conditions
of temperature and pressure (60° F. and 14.7 pounds per square
inch absolute).
All those locations which are houses, domiciles, dwellings
or abodes, where a person or persons live or reside on a temporary
or permanent basis.
One or more underground storage tanks, at a particular site,
together with its or their components, used, or designed to be used,
for the underground storage of hazardous materials or a regulated
substance, and shall include any cathodic protection or monitoring
system used, or designed to be used, for inhibiting or detecting leaks
of hazardous materials or a regulated substance from any element of
the facility.
Any structure or any part thereof which is used, or designed
to be used, for the underground storage of any hazardous material
or regulated substance of any kind, and/or any one or combination
of tanks, including underground pipes connected thereto, which is
used to contain an accumulation of petroleum products, hazardous or
regulated substances, and the volume of which (including the volume
of the underground pipes connected thereto) is 10% or more beneath
the surface of the ground. This definition excludes the following
types of underground storage systems:
Septic tanks;
Surface impoundments, pits, ponds, or lagoons;
Stormwater or wastewater collected systems;
Flow-through process tanks;
Liquid traps or associated gathered lines directly related to
oil or gas production and gathering operations;
Storage tanks situated in an underground area (such as a basement,
cellar, mineworking, shaft, or tunnel) if the tank is situated upon
or above the surface of the floor;
Included in a current list or report of approved equipment,
materials or methods published by Underwriters Laboratories, Inc.
Any existing or potential source of potable water, including
both groundwater and surface water.
A.
The purpose of this section is to promote the health of Sharon residents
by protecting and preserving the public drinking water resources,
specifically the water supply groundwater aquifer, from leaking underground
oil, fuel, and chemical storage tanks. Leaking oil, fuel, and other
chemicals can contaminate large amounts of groundwater and pose serious
health hazards to the community.
B.
In addition to other Town-wide health regulations, the following
regulations shall apply within the Water Resource Protection District
as such overlay district is delineated on the Sharon Zoning Map.
C.
The installation of new tanks for residential purposes or nonresidential
purposes for the underground storage of oil, gasoline, other petroleum
products, and other chemicals, excluding liquefied petroleum gases,
is prohibited within the Water Resource Protection District.
D.
Every owner of an existing tank located within the Water Resource
Protection District shall file with the Board of Health a statement
identifying the size, type, age, and location of each tank, and the
type of material stored, on or before August 30, 1991. Evidence of
date of purchase and installation, including Fire Department permit,
shall be included. A tag number shall be issued for each tank. After
August 30, 1991, no tank shall be filled with oil, gasoline, other
petroleum products or chemicals or allowed to hold those products
if it has not been registered with the Board of Health and assigned
a tag number. Underground water and septic tanks are specifically
exempt from these regulations.
(1)
All residential tanks within the Water Resource Protection District which were installed prior to January 1, 1976, and such tanks for which evidence of installation date is not available, along with accompanying pipes and appurtenances, shall be removed within one year of the effective date of these revised regulations by the owner at the owner's expense. However, the Town will offer a one-time payment to assist in this effort as provided in Subsection E of this section.
(2)
All residential tanks within the Water Resource Protection District which were installed after January 1, 1976, shall be removed within two years of the effective date of these regulations by the owner at the owner's expense. However, the Town will offer a one-time payment to assist in this effort as provided in Subsection E of this section. All removals provided for within this Subsection D shall include all in-ground pipes and appurtenances thereto.
E.
The Town of Sharon will provide payment to contractors to help owners comply with removal of existing tanks as provided in Subsection D of this section. Commencing on the effective date of this section:
(1)
The Town will pay 50% of the cost of removal, the Town's share not
to exceed $1,000 per tank, provided such tank is removed within the
first year of the effective date of this section.
(2)
The Town will pay 50% of the cost of removal, the Town's share not
to exceed $500 per tank, provided such tank is removed within the
second year of the effective date of this section.
(3)
Payments will only be made for work done by the contractor(s) authorized
tank removal firm(s) approved by the Board of Health to remove all
applicable tanks under this program. Such approval shall only be by
writing issued prior to such removal. The Fire Department must issue
a tank removal permit.
(4)
The payment program will only pay that portion of the charges which
is for removal of the tank pipes and appurtenances. Any additional
charges associated with leaks or other factors are the sole responsibility
of the tank owner. Payments will be made directly to such contractors
upon completion of the work in a manner satisfactory to the Board
of Health, and upon submission of verified invoices acceptable to
the Board of Health.
(5)
This section shall be enforced by the Sharon Board of Health or its
agents, which board may adopt rules and regulations to implement the
purposes of this section.
G.
All nonresidential tanks within the Water Resource Protection District which do not meet the design and construction standards of § 170-6 of this chapter, and were installed more than 10 years before the effective date of this bylaw, and thereafter all such tanks which reach the 10th annual anniversary of their installation, shall be replaced. Such replacement shall be at the owner's expense, shall conform to the requirements of this bylaw, and shall occur within six months of such 10th anniversary, or six months from the effective date of this bylaw, whichever is later.
A.
The installation of new underground storage tanks containing hazardous
or regulated substances within 1,000 feet or the seven-day cone of
influence, whichever is more, of a public or private water supply
well, unless a special permit is obtained from the Zoning Board of
Appeals granting an exemption from the requirements of Section 4500
of the Zoning Bylaw,[1] is prohibited. Nothing contained within this Subsection A shall limit or diminish the requirements of § 170-3.
B.
Six months from the effective date of this bylaw, the Board of Health
will require the installation of one or more groundwater observation
wells at any site where existing storage of hazardous or regulated
substances underground is within 1,000 feet or the seven-day cone
of influence, whichever is more, of a public or private water supply
well.
C.
All new tank installations within four feet of seasonal high groundwater
table or within 100 feet of a surface water body or delineated woodlands
shall be of double-walled fiberglass construction, and if so determined
by the Board of Health, be vaulted or anchored.
A.
New storage facilities.
(1)
Subsequent to the effective date of this bylaw, no new storage facility
shall be installed in the Water Resource Protection District and no
new residential storage facility shall be installed anywhere in the
Town of Sharon. Subsequent to the effective date of this bylaw, no
new nonresidential storage facility shall be installed outside of
the Water Resource Protection District unless the owner shall have
first obtained a permit from the Board of Health. This permit shall
be in addition to any license or permit required by MGL c. 148, as
amended, or any regulations issued thereunder. The fee for this initial
permit, payable to the Town of Sharon, shall be $50.
(2)
The application for a permit shall be on a form obtained from the
Board of Health and shall include the following information and any
other information that the Board may require:
(a)
Name, address and telephone numbers (day and night) of the owner;
(b)
Name, address and telephone numbers (day and night) of the operator;
(c)
The number of tanks in the proposed facility and the capacity
and contents of each proposed tank;
(d)
The proposed type of construction for each tank and its piping,
together with the tank's UL serial number, if any, and a description
of any provisions made for cathodic protection, electrical isolation,
and early detection of leaks through a monitoring system; and
(e)
The depth below ground level of the lowest and highest points
of each proposed tank.
(3)
In a storage facility with more than one proposed tank, the applicant
shall furnish a certificate, signed by a certified registered professional
engineer, that the proposed facility meets all the design and construction
requirements of this bylaw.
(4)
The applicant shall also furnish a plot plan of the site and the
area surrounding it, showing the location of each proposed tank and
its components and of any building on the site, and showing the approximate
location of any public or private well and of any body of surface
water within 1,000 feet of the proposed storage facility.
(5)
If the Board of Health determines that the proposed storage facility constitutes a danger to a public or private water supply, whether by reason of its proximity to a public or private well, aquifer, recharge area, or body of surface water, or for any other reason, the Board may deny the permit or may grant it subject to conditions which the Board determines are necessary to protect such water supply. The conditions may include, but are not limited to, such requirements as, for example, a double-walled tank or other secondary containment system, a monitoring system, testing at more frequent intervals than would otherwise be required under § 170-9, or continuing independent leak detection statistical analysis of daily inventory records.
B.
Existing residential and nonresidential storage facilities outside
the Water Resource Protection District.
(1)
The owner of every residential and nonresidential storage facility
outside the Water Resource Protection District that has been installed
prior to the effective date of this bylaw shall apply to the Board
of Health by August 30, 1991, for a permit to maintain the storage
facility. Application shall be made on a form obtained from the Board
of Health and shall include, to the extent available to the owner,
the following information:
(a)
Name, address and telephone numbers (day and night) of the owner;
(b)
Name, address and telephone numbers (day and night) of the operator;
(c)
The number of tanks in the facility and the capacity and contents
of each tank;
(d)
The type of construction for each tank and its piping, together
with a description of any provisions made for cathodic protection,
electrical isolation, and early detection of leaks through a monitoring
system;
(e)
The depth below ground level of the lowest and highest points
of each tank;
(f)
The date of installation of each tank; and
(g)
A description of any previous leaks, including approximate dates,
causes, estimated amounts, any cleanup measures taken, and any measures
taken to prevent future leaks.
(2)
The owner shall also furnish evidence of the date of installation.
Such evidence may include, but is not limited to, a copy of any license
issued by the local licensing authority or of any permit issued by
the head of the local Fire Department (hereinafter, the Fire Chief).
If no substantial evidence of the date of installation is supplied,
the tank shall be presumed to have been installed 20 years prior to
the effective date of this bylaw.
(3)
The applicant shall also furnish a plot plan of the site and of the
area surrounding it, showing the approximate location of each tank
and its components and of any building on the site, and showing the
location of any public or private well and of any body of surface
water within 1,000 feet of the storage facility.
C.
The following Subsection C(1) through (6), inclusive, apply to replacement and substantial modification of existing residential and nonresidential storage facilities outside the Water Resource Protection District:
(1)
The term "substantial modification" shall mean the installation of
any addition to, or change in, a storage facility that alters its
on-site storage capacity, significantly alters its physical configuration,
or alters its capacity to inhibit or detect leaks through the use
of cathodic protection or a monitoring system or any similar device.
(2)
There shall be no replacement of a tank or of its components or substantial
modification of any storage facility unless the owner has first applied
for and obtained approval in writing from the Board of Health. The
Board shall keep a copy of its approval with the records for that
storage facility.
(3)
Any application for approval under Subsection C(2) shall be in writing and shall clearly describe the type of construction of any replacement tank or component or the modification that is proposed.
(4)
Any application to add cathodic protection to an existing storage
facility using one or more steel tanks shall be accompanied by a design
plan prepared by an engineer licensed by the National Association
of Corrosion Engineers or by another qualified professional engineer
as approved by the Board of Health, the plan to include provisions
for a test box to allow measurement of electrical potential and current
flow.
(5)
If the Board of Health determines that the proposed replacement or
modification constitutes a potential danger to a public or private
water supply, whether by reason of its proximity to any public or
private well, aquifer, recharge area or body of surface water, or
for any other reason, the Board of Health may deny the application
or approve it subject to conditions that the Board determines are
necessary to protect such public or private water supply.
(6)
No replacement or substantial modification shall be made except by
a contractor who has either been licensed by state authorities for
work on underground storage facilities or has been certified by the
Department of Environmental Protection as qualified for that purpose.
D.
Renewal of permits and changes of ownership.
(1)
The owner of any new or existing storage facility for which a permit has been issued under this section must apply to the Board of Health for renewal of the permit at five-year intervals from the date on which the original permit was granted. The fee for renewal of such permit payable to the Town of Sharon shall be $50. The application for renewal must include any changes in the information required under Subsections A(2) and B(1). No application for renewal may be denied except for violations of this bylaw and in accordance with the procedural requirements of § 170-12B, so long as the applicant is the holder of a special permit granted by the Board of Appeals exempting the site from the requirements of Section 4500 of the Zoning Bylaw.[1]
(2)
The owner of any storage facility shall, within 10 calendar days,
notify the Board of Health of any change in the name, address, or
telephone numbers of the owner or operator. In the case of any transfer
of ownership, the new owner shall be responsible for notification.
A.
All permitted new and replacement tanks shall be designed and constructed
to minimize the risk of corrosion and leakage. Only the following
tank construction systems shall be approved:
(1)
UL-listed double-walled fiberglass reinforced plastic (FRP) tanks,
using materials compatible with the product to be stored therein;
(2)
UL-listed double-walled steel tanks provided with cathodic protection,
a coal-tar epoxy or urethane coating and electrical isolation, and
equipped with a test box to allow measurement of electrical potential
and current flow;
(3)
UL-listed double-walled steel tanks with cathodic protection or bonded
fiberglass coating, and with electrical isolation, a vacuum of air
pressure in the interstitial space and provision for continuous monitoring
of the vacuum or air pressure; and
(4)
Any other "state of the art" type of tank construction providing
equal or better protection against leakage than the above-mentioned
tanks and approved by the State Fire Marshal.
B.
New and replacement tanks must be equipped with a metallic or nonmetallic
striker plate, at least 12 inches by 12 inches in area, at least 1/4
inch thick, and attached to the bottom of the tank, under each opening.
C.
New and replacement piping of a storage facility shall:
(1)
Be protected against corrosion by use of noncorrodible materials
or by use of cathodic protection and electrical isolation and be compatible
with a product to be stored in the facility; and
(2)
Be designed, constructed and installed so as to allow testing for
tightness or replacement without the need for disturbing elements
of the storage facility other than the elements that are to be tested
or replaced.
D.
The operator of a storage facility shall record, at least monthly,
the negative voltage of every cathodic protection system, equipped
with a test box, that is part of that facility. In addition, the owner
shall have every cathodic protection system inspected and tested,
by a qualified person, at least annually. If any such system does
not have adequate negative voltage, or is otherwise defective, the
owner shall have the system repaired promptly by a qualified person.
For purposes of this subsection, the term "adequate negative voltage"
shall mean a negative voltage of at least 0.85 volt, if a copper-copper
sulfate reference electrode is used; and of at least 1.95 volts if
a zinc reference electrode is used. Reference electrodes shall be
installed in accordance with the manufacturer's directions.
E.
All submersible pumping systems for new tanks used to store automotive
fuel shall be equipped with emergency shut-off valves under each dispenser
and with delivery line leak detectors. The shut-off valves and leak
detectors shall be tested by a qualified person upon installation
and at least annually thereafter. No suction pumping system shall
be equipped with any check valve in the piping except at the tank
end, and any such check valve shall be so installed that it may be
tested or replaced without disturbing other elements of the storage
facility.
F.
Every new tank shall be equipped with an overfill prevention system.
If a tank is filled by gravity flow, it must be equipped with a float
vent valve or other device that provides equal or better protection
from overfilling. If the tank is filled under pressure, it must be
equipped with a combined audible and visual high level alarm. Any
such system shall be tested by a qualified person upon installation
and at least annually thereafter.
G.
Every monitoring system shall be installed by a qualified person.
Those equipped with an automatic audible or visual alarm shall be
tested by a qualified person upon installation and at least annually
thereafter. Those without such an automatic alarm system shall be
checked by the operator for evidence of leak at least monthly and
shall be inspected by a qualified person at least annually.
A.
No permitted new or replacement tank or component shall be installed, whether it is part of a new or existing storage facility, unless the owner has given at least one week's notice of its installation to the Fire Chief, and no new or replacement tank or component shall be buried or concealed until it has been inspected for damage and external defects, tested for tightness under Subsection E and approved by the Fire Chief or the Chief's designee.
B.
No new or replacement tank or component shall be installed except
by a contractor who has been either licensed by state authorities
for that purpose or certified by the Department of Environmental Protection
as qualified for the purpose. The contractor shall, prior to any installation,
submit to the Fire Chief a copy of such license or certificate.
C.
The installation of a new or replacement tank or component, including
anchoring of the tank whenever water-saturation of any part of the
excavation can reasonably be anticipated, shall be carried out in
accordance with the manufacturer's recommendations, accepted engineering
practices and the provisions of 527 CMR 1.00 and 310 CMR 80.00, as
amended; provided that the backfill material for FRP tanks shall be
pea gravel and that the backfill material under all other tanks shall
be either pea gravel or clean, noncorrosive sand, free of cinders,
stones and any other foreign material, the material under the tank
to be compacted and contoured to the shape of the tank before the
tank is installed, the balance to be thoroughly compacted.
D.
Any damage to the exterior of a tank or its coating shall be repaired
before the tank is covered. The Fire Chief shall notify the Board
of Health of such repaired damage, and the Board shall make note of
it in its records for that tank.
E.
Every new or replacement tank and its piping shall be tested, separately,
at the owner's expense, prior to being buried. The tank shall be tested
by air pressure at not less than three, and not more than five, pounds
per square inch. The piping shall be tested hydrostatically to 150%
of the maximum anticipated pressure of the system or tested pneumatically,
after all joints and connections have been coated with a soap solution,
to 100% of the maximum anticipated pressure of the system, but not
less than 50 pounds per square inch at the highest point of the system.
After the tank and piping have been fully buried, any paving installed
and the tank filled with product, the tank and its piping shall be
again tested, separately, at the owner's expense. The tank shall be
tested by any final or precision test, such as the Kent-Moore Pressure
Test, or any other testing system approved by the Board of Health,
not involving air pressure, that can accurately detect a leak of 0.05
gallon per hour or less, after adjustment for relevant variables such
as temperature change and tank end deflection, and that is approved
by the State Fire Marshal. The piping shall be tested hydrostatically
to 150% of the maximum anticipated pressure of the system. The owner
shall furnish the Board of Health with a certified copy of the results
of all testing required by the subsection, which the Board of Health
shall keep with the records for the storage facility.
A.
The provisions of this section shall not apply to a tank with a capacity
of less than 2,500 gallons except for tanks used to store a liquid
petroleum product for retail sale or used to store waste oil or other
waste petroleum products.
B.
The operator of every new and existing storage facility to which § 170-8 applies shall prepare, reconcile and maintain daily inventory control records for each tank and for each combination of interconnected tanks with a common level of product (hereinafter, a combination), for the purposes of prevention and early detection of leaks. The preparation, reconciliation and maintenance of such records shall be done in accordance with the provisions of 527 CMR 1.00 and 310 CMR 80.00, as amended, with the following additions and modifications:
(1)
At the close of each calendar month, the operator shall determine,
for that month and for each tank or combination, the number of days
in which any amount of product was dispensed and the number of days
in which a loss of product was recorded.
(2)
An "abnormal loss of product" shall mean a loss recorded on 70% or
more of the days, during any calendar month, in which any amount of
product was dispensed from a tank or combination. In the event of
any abnormal loss of product, the following steps shall be taken:
(a)
The operator shall, immediately via telephone, notify the owner,
the Fire Chief and the Board of Health, and follow up with a confirming
letter within 24 hours;
(b)
The owner shall, within three calendar days, have the steps taken, for that tank or combination and its components, that are outlined in § 170-9A; or
(c)
The owner shall, within three calendar days, submit the daily inventory records of that tank or combination, for that month, for a leak detection statistical analysis by any professionally qualified person who has been approved by the Board of Health; and the person performing such analysis shall promptly submit certified copies of the results to the Board of Health, or its designated agent, and to the owner; and if the Board of Health, on the basis of such results, determines that there is a probability of a leak in that tank or combination, or in its components, the Board shall so notify the owner and the owner shall, within three calendar days, have the steps taken that are outlined in § 170-9A with respect to that tank or combination and its components.
(3)
An "abnormal gain of water" shall mean a gain in the water level inside any tank of more than one inch in a twenty-four-hour period during which no product has been added. In the event of any abnormal gain of water, the owner shall, at the owner's expense, have the water removed from the tank and disposed of in a manner approved by the Department of Environmental Protection (DEP) and have the water level checked 24 hours later, during which time no product shall be added. If there is again an abnormal gain of water, the owner shall promptly have the steps taken that are outlined in § 170-9A.
(4)
Apart from abnormal gains of water, the owner of any tank in which
water has accumulated to a depth of three inches or more shall, at
the owner's expense, have the water removed and disposed of in a manner
approved by the DEP.
(5)
For every storage facility covered by the inventory control requirements of this section, the owner shall, at least annually and at the owner's expense, submit the daily inventory records for the most recent calendar month for a leak detection statistical analysis by any professionally qualified person who has been approved by the Board of Health for that purpose. The person performing such an analysis shall promptly submit certified copies of the results of that analysis to the owner and to the Board of Health. The Board shall keep its copy with the records of that facility. If the Board determines, on the basis of that analysis, that there is a probability of a leak from any tank or its components in that facility, the owner shall, within three working days, take the steps outlined in § 170-9A with respect to that tank and its components; or, in the case of a combination, with respect to each tank and its components.
(6)
The Board of Health, in addition to the Fire Chief and state public
safety officials, shall have access to all inventory records required
by this section.
A.
Testing requirements.
(1)
If the probability of leak is indicated by inventory control procedures under § 170-8 or by the procedures set out in § 170-5C(1), or by a monitoring system or by a line leak detector or by the malfunctioning of a suction pump or by the presence of product or product fumes in the surrounding area, or otherwise, the owner shall, within seven calendar days, have the following steps taken, at the owner's expense:
(2)
If the inspections and testing outlined above fail to confirm a leak, and if there is continuing evidence of a probable leak, the Board of Health may order the owner and operator to take the steps outlined in § 170-10.
(3)
In the case of a combination of interconnected tanks, each tank and
its components shall be tested separately.
B.
If any of the testing specified in Subsection A discloses a leak, the operator and owner shall comply immediately with the requirements of § 170-10, and the Board of Health may direct the owner, at the owner's expense, to have all other tanks on the premises and their components tested in the same manner.
C.
The provisions of Subsections D, E and F, inclusive, shall not be applicable to any storage facility to which the inventory control provisions of § 170-8 are applicable and shall not be applicable to any other storage facility consisting exclusively of one or more double-walled tanks, each equipped with a monitoring system, together with an automatic audible or visual alarm, between the two walls.
D.
The owner of every existing storage facility that does not satisfy the design requirements of § 170-6 shall have each tank and its piping tested, at the owner's expense, during the fifth, 10th, 13th, 16th, 18th, and 20th years after installation and annually thereafter.
F.
The owner of every kind of new tank permitted under § 170-6A and the owner of every existing tank that satisfies all of the design requirements of § 170-6 shall have the tank and its piping tested, at the owner's expense, every seven years following the date of installation during the first 14 years of existence and at two-year intervals thereafter.
G.
With respect to any tank to which the inventory control requirements of § 170-8 are applicable, the Board of Health shall require the owner to have it and its piping tested promptly, at the owner's expense, whenever the operator fails to maintain the daily inventory records properly or fails to perform the required monthly calculations of abnormal loss, or whenever the owner fails to comply with the annual leak detection statistical analysis requirement under § 170-8B(7).
H.
The Board of Health may require the owner of any existing tank to have it and its piping tested, at the owner's expense, in any case in which the owner has failed to make timely application for a permit as required under § 170-5.
I.
Except for testing performed on a tank and its piping prior to their
being covered, a tank shall be tested by any final or precision test,
such as the Kent-Moore Pressure Test or equivalent, not involving
air pressure, that can accurately detect a leak of 0.05 gallon per
hour or less, after adjustment for relevant variables such as temperature
change and tank end deflection, and that is approved by the State
Fire Marshal. Piping shall be tested hydrostatically to 150% of the
maximum anticipated pressure of the system.
J.
All tests shall be administered by qualified persons approved by
the Board of Health, and any such person shall notify the Board of
Health and Fire Chief prior to administering a test.
K.
The person performing any test under this section shall promptly
supply the owner, the Board of Health and the Fire Chief with certified
copies of all test results for a tank and its piping. The Board shall
keep its copy with the records of that storage facility.
A.
In the event of a leak, whether determined by testing or otherwise,
the following steps shall be taken:
(1)
The operator shall immediately notify the owner, the Fire Chief and
the Office of Incident Response of the Department of Environmental
Protection (OIR-DEP).
(2)
The owner shall promptly verify that the Fire Chief and OIR-DEP have
been notified and shall notify the Board of Health.
(3)
If testing has confirmed that the source of the leak is the piping
for a particular tank, the operator shall take that tank out of service
immediately.
(4)
If testing has confirmed that the source of the leak is a particular
tank, the operator shall within 24 hours cause the entire storage
facility to be emptied of its product.
(5)
If testing has failed to determine the source of the leak within
a storage facility, the operator shall within 24 hours cause the entire
storage facility to be emptied of its product.
B.
Until the arrival of a representative of OIR-DEP, the Fire Chief shall take charge of all emergency containment procedures and shall verify that all steps required under Subsection A have been taken.
C.
The owner, the Fire Chief and the Board of Health shall cooperate
with OIR-DEP in all efforts to identify the source of the leak, to
contain it, and to restore the environment, including any groundwater
or surface water that may have been contaminated by the leak, to a
condition and quality acceptable to DEP.
D.
The Board of Health shall determine whether any tank or its components
that have been identified as the source of a leak shall be removed
and replaced with a double-walled tank, and shall notify the owner
and the Fire Chief of its decision.
F.
Any repair of a tank or replacement or repair of components shall
be performed by qualified technicians, following the manufacturer's
directions, and, in the case of relining of a steel tank, following
the recommendations of American Petroleum Institute Publication #1631,
First Edition, 1983, or any subsequent edition as it may appear.
G.
If the Board of Health determines that a tank and its components
shall be removed, the owner shall first obtain a permit from the Fire
Chief, pursuant to MGL c. 21O, § 1, as amended. Any removal
shall be completed within 14 calendar days after the Board of Health
has notified the owner of its decision.
H.
The owner shall be responsible for all costs of reclaiming, recovering
and properly disposing of any product that has leaked and for all
costs of restoring the environment, including any groundwater or surface
water that has been contaminated, to a condition and quality acceptable
to DEP.
A.
If the owner of a tank which either is located under a building and
cannot be removed from the ground without first removing the building
or is so located that it cannot be removed from the ground without
endangering the structural integrity of another tank decides to abandon
it, the owner shall promptly notify the Fire Chief and the Board of
Health of this decision and, subject to the directions of the Fire
Chief, have all the product removed from the tank, by hand pump if
necessary, and the tank cleaned and purged and filled with slurry
concrete only.
B.
Except as provided in Subsection A, no tank may be abandoned in place. Any owner of a tank who has decided to abandon it and any owner of a tank that has in fact been out of service for a period of time constituting abandonment, as defined in § 170-2, shall immediately obtain a permit from the Fire Chief pursuant to MGL c. 21O, § 1, as amended, and, subject to the directions of the Fire Chief, have any product removed from the tank, all tank openings properly secured and the tank removed from the ground. The product and tank shall be disposed of, at the owner's expense, as directed by the Fire Chief.
C.
The owner of a tank which is licensed under MGL Chapter 21O, as amended, and which the owner has decided to take out of service for a period of less than six months, shall promptly notify the Fire Chief and the Board of Health of the decision and, subject to the directions of the Fire Chief, have all the product removed from the tank and disposed of as directed by the Fire Chief, all tank openings properly secured, and the tank filled with water. Before any such tank may be restored to service, the owner shall notify the Fire Chief and the Board of Health, and have the water removed and disposed of in a manner approved by DEP. The Board of Health may require that the owner have the tank and its piping tested, at the owner's expense, in accordance with the provisions of § 170-9I and J.
A.
Each day during which such violation continues shall constitute a
separate offense. This bylaw may be enforced pursuant to MGL c. 40,
§ 21D, as amended, by a local police officer or any other
officer having police powers. Upon request of the Board of Health,
the Select Board, Town Counsel shall take such legal action as may
be necessary to enforce this bylaw.
B.
In the event of any violation of this bylaw by the owner or operator of a storage facility, the Board of Health, instead of or in addition to requesting enforcement under Subsection A, may revoke or suspend the owner's permit or may require more frequent testing than would otherwise be required under § 170-9; and if a permit is revoked or if a storage facility has been installed or maintained without a permit, the Board may order that the storage facility be removed from the ground. Before revoking or suspending an owner's permit, or requiring removal of a storage facility from the ground, the Board shall hold a public hearing on the proposed action; shall give the owner at least 14 calendar days' notice of the hearing by certified mail and shall make its decision in writing with a brief statement of the reasons for its decision.
The Board of Health may, after a public hearing, vary the application
of any provision of this bylaw, unless otherwise required by law,
when, in its opinion, the applicant has demonstrated that an equivalent
degree of protection will still be provided to public and private
water supplies. Notice of the hearing shall be given by the Board,
at the applicant's expense, at least 14 calendar days prior thereto,
by certified mail to all abutters to the property at which the owner's
storage facility is located and by publication in a newspaper of general
circulation in the Town or city. The notice shall include a statement
of the variance sought and the reasons therefor. Any grant or denial
of a variance shall be in writing and shall contain a brief statement
of the reasons for the grant or denial.
The invalidity of any provision of this bylaw shall not affect
the validity of the remainder.
