[HISTORY: Adopted by the Town of Greenfield as amended 8-17-2011 by Order No. FY 12-005 (Ch. 176 of the 2002 Bylaws). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 259.
Streets, sidewalks and public places — See Ch. 385.
The Town of Greenfield adopts the following measures under its home rule powers, its police powers to protect the public health and welfare, and its authority under MGL c. 40, § 21, Powers and Duties of Cities and Towns, Town Ordinances.
The purpose of this chapter is to ensure the public health and safety of the residents of Greenfield and to protect their surface water and groundwater supplies by ensuring that discharges of petroleum products which may contaminate the environment and present health risks do not occur, and that, if they do, timely notice of such discharge is achieved and remedial action pursued.
The following definitions shall apply in the interpretation and implementation of this chapter:
ABANDONED
Being out of service for a period in excess of 12 months for heating oil tanks and six months for gasoline tanks.
CONSUMPTIVE USE
Fuel oil used exclusively for area heating and/or the heating of domestic water on the premises where stored.
DISCHARGE
The disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of any petroleum product or any constituent thereof onto or on any land or water so that such material may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
LEAK
Any uncontrolled movement, measurable by a testing method accurate to 0% gallons per hour or less, of any petroleum product out of a tank or its components, or any uncontrolled movement of water into a tank or its components.
TANK
Any structure, either underground or above ground, used or designed to be used for the storage of any petroleum product.
UNDERGROUND STORAGE
Where 10% or more of the tank volume and piping is buried below the ground surface, but not including storage in a freestanding container within a building. Septic systems are not considered to be underground storage under this chapter.
A. 
By January 1, 1994, all owners or users of underground storage tanks used exclusively for consumptive use found within the Water Supply Protection District, as defined by the Zoning Ordinance, must register those tanks with the Fire Department. Even tanks no longer in use, but previously used for heating purposes, must be registered. The Fire Department will provide a form for the purposes of registration which will request the following information:
(1) 
Name and address of the tank owner.
(2) 
Address of the tank location.
(3) 
Size of tank.
(4) 
Type of tank construction.
(5) 
Age of tank and proof of date of installation.
(6) 
Location of tank on property.
(7) 
Location of any private well on property.
(8) 
Any tank permits.
(9) 
Tank testing history.
(10) 
Name of present oil delivery company.
(11) 
Other pertinent information as the Fire Department may request.
B. 
There shall be a fee of $10 for registration. This registration shall be in addition to any permits previously applied for. As of the date of passage of this chapter, any permit application for a consumptive use underground storage tank filed with the Fire Department shall serve as the registration form required in this section. The Board of Fire Prevention Regulations, Massachusetts Comprehensive Fire Safety Code, requires that the Fire Department be notified before the installation of any new underground storage tank and that no new or replacement tank or piping shall be buried or concealed until it has been inspected and approved by the Fire Department.
C. 
Upon registration, the Fire Department will provide the registrant with a "flag" with which to identify the tank as duly registered. This flag must be prominently displayed on the vent pipe.
D. 
Owners of tanks for which evidence of the installation date is not available shall, at the order of the Fire Department, have such underground tank tested as per the following Subsection E. If the tank is not product tight, it shall be removed and disposed of under the direction of the Fire Department. The provisions of this section shall be in addition to the provisions of the Board of Fire Prevention Regulations and the Massachusetts Comprehensive Fire Safety Code.
E. 
All underground storage tanks and associated piping for consumptive use within the Water Supply Protection District, as defined by the Zoning Ordinance, shall be subject to mandatory testing 15 years after the date of installation and annually thereafter according to the standards determined by the Greenfield Fire Department. All test results must be provided to the Fire Department within 14 days of the test being administered. If evidence of the date of installation is not available, the Fire Department may order the testing of the tank.
F. 
Nothing in this section shall be construed to replace or supersede the testing requirements of the Board of Fire Prevention Regulations and the Massachusetts Comprehensive Fire Safety Code.
G. 
If any owner fails or refuses to complete a required test within six months, the Fire Department shall require the immediate removal of the tank.
A. 
All tanks not regulated by the Massachusetts Comprehensive Fire Safety Code shall be regulated as follows:
(1) 
To abandon a tank which is located under a building and cannot be removed from the ground without first removing the building, the owner shall promptly notify the Fire Department, and, subject to the directions of the Fire Department, shall have all materials removed from the tank, the tank purged, and the tank filled with cement, as prescribed by the authority, within 90 days of abandonment. If the tank is located adjacent to a building, the tank owner may obtain a certified, stamped report by a structural engineer. If that report confirms that to remove the tank would impair the structure, the Fire Department may grant permission for the tank to be rendered inert in place. In this case, the tank must be emptied, purged, and filled with cement, as prescribed by the Fire Department.
(2) 
Except as provided in Subsection A(1) above, no tank may be abandoned in place. Underground storage tanks used for heating oil which are out of service for a period in excess of 12 months shall be considered abandoned, and the tank shall be emptied, purged, and removed under the direction of the Fire Department. The tank must be emptied, purged, and removed within 90 days of abandonment. The product and the tank shall be disposed of at the owner's expense as directed by the Fire Department.
B. 
Before any tank or its piping is removed from underground, the Fire Department must issue a permit, and a representative of the Fire Department must be on site during the removal.
C. 
All tanks and piping which are removed must be properly disposed of in a facility approved by the Fire Department.
All leaking tanks or associated pipes must be emptied and purged within 12 hours of detection of the leak and removed within 90 days. The tank and its pipes must be removed as per § 377-5 above and the Board of Fire Prevention Regulations, Massachusetts Comprehensive Fire Safety Code. A permit for the tank and pipe removal must first be obtained from the Fire Department, and a representative of the Fire Department must be on site when the tank and piping are removed. There may be a fee for this permit.
A. 
All persons having knowledge of any discharge of petroleum product from an underground storage tank or its piping shall report the discharge to the Fire Department within two hours of the discovery of the discharge. The Fire Department shall alert the Board of Health of the discharge.
B. 
The Fire Department, or its agents, may enter upon privately owned property for the purpose of performing its duties under this chapter.
C. 
Any person who violates any provision of this chapter shall be punished by a fine of up to $300. Each day or portion thereof during which a violation continues shall constitute a separate offense. If more than one, each condition shall constitute a separate offense. Upon the request of the Fire Department, the Mayor or his/her designee shall take such legal action as is necessary to enforce this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In every case, the owner of the tank and piping shall assume responsibility for costs incurred necessary to comply with this chapter. The owner shall be responsible for all costs of recovering and properly disposing of any product that has leaked and for all costs of restoring the environment, including groundwater and surface water, to an acceptable condition.