[Ord. 1981-6, 10/20/1981]
Except as otherwise expressly stated herein, the terms used
for the purpose of this Part 2 shall be consistent with the definitions
as found in the Pennsylvania State Police regulations for the storage,
handling and use of flammable and combustible liquids:
The person designated by Borough Council for the Borough
of Hummelstown.
All liquid which, because of its qualities, concentrations
or characteristics, may present a potential hazard to the health,
safety and well-being of the public as more particularly defined in
the Pennsylvania State Police regulations for the storage, handling
and use of flammable and combustible liquids. Such liquids shall include,
but are not limited to, gasoline, fuel oil, liquefied petroleum gas,
naphtha, kerosene and other substances of like character.
Any stationary or portable tank, container or drum, or series
of tanks, containers or drums, which may be used to store or contain
a flammable and combustible liquid.
Any container of any kind or description in which a flammable
and combustible liquid may be stored.
[Ord. 1981-6, 10/20/1981]
This Part 2 shall apply to all storage facilities which may
be used for the storage of flammable and combustible liquids except
the following:
[Ord. 1981-6, 10/20/1981]
1.
It is hereby declared unlawful for any person, association, firm
or corporation to install or maintain any tank or storage facility
without first making application for and obtaining a permit from the
Inspector authorizing the installation of or maintenance of such tank
or facility.
2.
A permit shall be issued by the Inspector upon recommendation by
the Planning Commission and approval by the Borough Council.
[Ord. 1981-6, 10/20/1981]
1.
No permit shall be issued to install a tank or storage facility:
A.
If the capacity of the tank exceeds 10,000 gallons; or
B.
If the tank or storage facility is situated within 10 feet of a building
or property line; or
C.
If the tank or storage facility is situated under a sidewalk or
D.
If a tank or storage facility is situated within three feet of another
tank or storage facility; or
E.
If a tank or storage facility is situated within 200 feet of the
nearest wall of a building occupied as a school, hospital, church,
public library, theater or other place of public amusement or assemblage;
or
F.
Intended to be used for commercial or industrial purposes if located
on or within 40 feet of any parcel of land in use for or zoned for
residential purposes, except for facilities of appropriate capacities
to supply directly connected, necessary heating systems, and for property
maintenance and accessory uses, for multi-unit buildings and properties.
2.
Flammable or combustible liquids shall not be dispensed from transport
vehicles, except for direct delivery to storage facilities connected
to a heating system or to registered commercial or industrial storage
facilities.
[Ord. 1981-6, 10/20/1981]
1.
A written application by the owner of the property shall be submitted
to the Inspector on a form prescribed by the Inspector. The application
shall be presented to the Planning Commission for its recommendation
to Borough Council.
2.
The applicant shall include the following information in its application:
A.
Number of existing and proposed tanks located on the property.
B.
Specifications of each tank.
C.
Dimensions of each tank.
D.
Capacity of each tank.
E.
Materials to be used for base and as backfill.
F.
Type of liquid to be stored in each tank.
G.
Description of existing and/or proposed fire extinguishing system.
H.
Description of leak detection or monitoring devices to be installed.
I.
Construction of layout, including valves for feed and discharge lines,
grounding base foundation, venting emergency vents, height and location
of vents and pipe for underground pipes.
J.
Map, drawn to scale, bearing the seal of a licensed architect, engineer, or surveyor, showing the size and location of the property, the ownership and use of all adjoining properties, together with the location of any buildings thereon, the size and location of tanks, the layout of pipes and the contour of the land including the location of flood plain. The information shown shall evidence proposed compliance with the requirements of § 7-204.
(1)
Map drawings larger than 8 1/2 inches by 14 inches necessitated
by size of property an use of an appropriate scale shall be prepared
in a form reproducible by a blue print process and at least seven
copies provided.
(2)
This property map may be prepared by a person not licensed as
herein above stipulated provided: that the map is drawn neatly and
accurately to scale; that the scale utilized is shown, and permits
clear representation of all required information; that the map includes
all details, dimensions and other necessary information; and that
date of preparation and name and address of preparer is shown.
K.
Whether the affected premises include any of the following uses:
multiple dwelling; hotel or lodging house; or manufacture, sale or
storage of paints, varnishes, lacquers, resin, turpentine, hemp or
cotton dry goods or other highly flammable materials or explosives.
L.
A copy of the permit issued by the State Police Fire Marshall in
accordance with the regulations for the storage, handling and use
of flammable and combustible liquids.
3.
The Inspector may require the inclusion of such additional information
which would be useful to the Planning Commission in making its recommendation
to Borough Council on the application permit.
[Ord. 1981-6, 10/20/1981]
The applicant shall submit with the application a permit fee
for the installation and maintenance of a storage tank or facility.
The filing fee or permit fee shall be in accordance with a schedule
set by Borough Council by resolution.
[Ord. 1981-6, 10/20/1981]
Plans and specifications relating to any tank or storage facility
which is governed by this Part 2 shall be subject to the recommendation
of the Planning Commission and the approval of the Borough Council.
[Ord. 1981-6, 10/20/1981]
Any person, association, firm or corporation maintaining an existing tank or storage facility to which this Part applies shall register said tank or storage facility with the Planning Commission of the Borough of Hummelstown on or before the first day of December, 1981 and shall provide such a detailed and complete description of the tank or storage facility as specified in § 7-205, Subsection 2, of this Part. No fee will be required for registration of existing facilities.
[Ord. 1981-6, 10/20/1981]
The specification and design for the installation of a new tank
or storage facility shall be governed by and consistent with the specifications
required by Pennsylvania State Police regulations for the storage,
handling and use of flammable and combustible liquids.
[Ord. 1981-6, 10/20/1981]
Existing tanks or storage facilities within the Borough of Hummelstown
may be removed, repaired or replaced in accordance with specifications
and regulations issued by the Pennsylvania State Police for the storage,
handling and use of flammable and combustible liquids; provided further
that in the event of replacement of an existing tank or storage facility,
such replacement shall be subject to the following:
1.
The replacement tank or storage facility shall be equal to or less
than the existing tank or facility in volume.
2.
The location for the replacement tank or storage facility shall not be altered or changed, except as may be proposed to diminish any nonconformance with the State Police regulations or with § 7-205 of this Part.
3.
The use of the replacement tank or storage facility shall be substantially
the same as the use of the existing tank or facility.
[Ord. 1981-6, 10/20/1981]
Any person issued a permit for the storage of flammable and
combustible liquids must report immediately to the Borough any incident
of seepage or vapors which indicates possible leakage from such storage
facility or tank. All incidents reported to any other governmental
body must also be reported to the Borough.
[Ord. 1981-6, 10/20/1981]
In the event that any permit has been issued under the terms
of this Part 2 covering the storage of any substance, that permit
shall only be valid for the storage of substances referred and described
with particularity in the application for a permit and in the permit.
In the event that there is a discontinuance of the storage of any
such substance or in the event that another substance is substituted
for that permitted, reapplication must be made under the provisions
of this Part 2.
[Ord. 1981-6, 10/20/1981; as amended by Ord. 1-1986, 2/20/1986]
Any person, firm or corporation who shall violate any provision
of this Part 2 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this Part 2 continues
shall constitute a separate offense.
