Town of Norwell, MA
Plymouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Norwell as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Groundwater protection — See Ch. 304, Art. IV.
[Amended 4-7-1986 ATM (formerly designated Art. XV, § 13)]
This bylaw is adopted by the Town of Norwell under its home rule powers; its police powers to protect the public health and welfare; and its authorization under MGL c. 40, § 21.
The purpose of this regulation is to establish rules, within the Town of Norwell, governing the licensing of new and existing underground tank storage facilities, with particular emphasis towards adequately protecting the Town's public and private water resources, and to supplement the MGL c. 148 and 527 CMR regulations, which are herein incorporated in their entirety by reference thereto.
API
Means American Petroleum Institute (re: "Recommended Practice for Bulk Liquid Stock Control at Retail Outlets," API Publication No. 1621).
FIRE CHIEF
Shall mean the Chief of the Town of Norwell Fire Department.
NFPA
Means National Fire Protection Association.
NONCORROSIVE SOIL
Is soil that, when tested by a qualified professional, is shown to have a resistivity greater than 10,000 ohm-cm, and that does not exhibit corrosive characteristics in a soil chemistry laboratory analysis.
OVERFILL PROTECTION
Shall mean utilization of OPW Model No. 84-D spill container device, or approved equal, at all individual UG tank fill locations to prevent groundwater pollution.
PIPELINE LEAK DETECTORS
Shall mean the Marley Co. "Red Jacket" two-second leak detector, or approved equal, suitable for remote submersible petroleum pumping systems.
TANK TESTING
Shall mean the Petro-tite test (formerly Kent-Moore), or approved equal, performed in accordance with the recommendations of NFPA Pamphlet No. 329. Tank testing shall include testing of all related and tank connected piping in accordance with standard industry practice by a qualified licensed contractor.
UNDERGROUND TANK
Shall mean any petroleum, hazardous or chemical storage containment system (residential or commercial), with no capacity exemption, 10% or more of which is located below the ground surface.
WATER RESOURCES
Shall mean any existing or potential source of water including both ground and surface water.
A. 
Tank registration. Every operator and/or owner of an underground tank must file with the Fire Department the size, type, age, contents, and location of their underground tanks within 90 days of the enactment of this bylaw. No exception as a result of size or residential location is to be made. Forms shall be approved by the Fire Chief. Product suppliers are prohibited from making deliveries to any unregistered underground tank. Owners shall provide evidence of registration to supplier.
B. 
Removal of hazardous conditions upon abandonment of underground tanks. The Board of Selectmen may order the elimination of hazardous conditions associated with the cessation of use and abandonment of underground tanks if the license holder has failed to do so within six months of the cessation of licensed activities. Reimbursement of such expenses shall be based on MGL c. 148, § 13.
A. 
Tank design shall be governed by the Massachusetts Board of Fire Prevention Regulations.
[Amended 5-6-2019 ATM, Art. 28]
B. 
Tank installation procedures shall conform to the following requirements:
(1) 
Prior to the issuance of a permit for new underground tank storage, the Fire Chief shall require the applicant to submit a project plan, prepared by a qualified professional engineer, indicating the proposed system's number of tanks, individual size (and capacity), type of tank, soil and boring data, depth of water table, proposed tank contents, tank and piping locations, tank evaluations, anchor data (if applicable), any proposed monitoring leak detection system, and inventory control devices (other than required). Fuel oil tanks with a total combined capacity of 550 gallons or less connected to burning equipment shall be exempt.
(2) 
The Fire Chief or his designee shall inspect and approve underground tanks, in accordance with the Massachusetts Board of Fire Prevention regulations, prior to their burial.
[Amended 5-6-2019 ATM, Art. 28]
(3) 
Tanks must be installed in accordance with the manufacturer's installation techniques, and the recommendations of the API.
(4) 
New underground tanks and piping shall be tested for tightness, in accordance with the Massachusetts Board of Fire Prevention regulations. 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 in writing by the manufacturer or storage equipment association as qualified for the purpose. The contractor shall, prior to any installation, submit to the Fire Chief a copy of such license or certificate.
(5) 
Backfill material, used to cover all new tank installations, must be of the type and quality specified by the tank manufacturer's installation procedures, and by the pertinent regulations governing storage tank installations.
(6) 
Underground tanks that are to be located in areas subject to flooding or below the maximum water table elevation must be anchored according to manufacturer's instructions and to the satisfaction of the Fire Chief or his designee.
(7) 
All new underground tanks (more than 500 gallons capacity), as a result of the Town's reliance on its well system for water supply, shall be double-walled with provisions for a monitoring leak detection system.
C. 
Public and private water resources. Any applicant who intends to install an underground tank (or tanks) within 2,000 feet of a water resource must submit a project plan, complete with procedures and details as outlined in provisions of this bylaw, to the Town's Fire Chief, Water Commissioners, and Board of Health for their review, and it shall be acted upon within 45 days after submission.
A. 
Inventory verification procedures shall conform to the following requirements:
(1) 
All underground tanks, except fuel oil tanks connected to burning equipment, must be monitored for the prevention and the detection of leakage of flammable and combustible liquids in accordance with the provisions of the Massachusetts Board of Fire Prevention Regulations. This shall include, but is not limited to, tank testing, pipeline leak detectors, and overfill protection.
(2) 
Daily inventory shall be mandatory, on standard form (See Schedule A),[1] or by computer printout. Records shall be submitted to the Fire Chief, or his designee, every 60 days. Noncompliance with this requirement shall negate any renewal.
[Amended 4-23-1996 ATM]
[1]
Editor's Note: Schedule A is included as at attachment to this chapter.
(3) 
The Fire Chief shall require the operator of an underground tank storage system to test the system for tightness, at the operator's expense, when accurate daily inventory records have not been maintained as specified by these regulations.
B. 
Tank testing requirements.
(1) 
Tank testing requirements shall be performed in accordance with 527 CMR, Massachusetts Board of Fire Prevention Regulations.
[Amended 5-6-2019 ATM, Art. 28]
(2) 
The Fire Chief shall be given at least 48 hours' notice of the time, date, and place of testing. Test results shall be submitted to the Fire Chief within 21 days.
(3) 
Tanks that have failed due to corrosion failure (internal or external) shall not be repaired and shall be removed.
(4) 
Removal of abandoned tanks shall be performed in accordance with MGL c. 21O, § 1.
[Amended 5-6-2019 ATM, Art. 28]
C. 
Leak or spill reporting procedure. Any person who is aware of a spill or abnormal loss of flammable hazardous or toxic fluids must report such spill or loss immediately to the Fire Chief. The Fire Chief shall be responsible for other notifications, including the Department of Environmental Protection.
[Amended 5-6-2019 ATM, Art. 28]
D. 
Leak monitoring systems.
(1) 
When a new tank installation is undertaken, owner shall install an approved leak detection and alarm system for each individual tank.
(2) 
Owners of existing systems shall install one observation well within one year of the enactment of this bylaw and two additional wells within five years.
(3) 
Residential fuel oil tank systems with a total capacity of 550 gallons or less shall be exempt from Subsection D(1) and (2).
(4) 
Fuel oil tank systems used for consumption on the premises shall be exempt from Subsection D(1) and (2).
A. 
After a leak is confirmed, the underground tanks involved must be emptied immediately and removed under the direction of the Fire Chief.
B. 
If it is necessary to replace an underground steel tank that has developed a corrosion-induced leak, all other steel tanks at the facility, whether they are leaking or not, shall be tested and (if found to be leaking) shall be removed.
A. 
The provisions of this bylaw shall be administered by the Fire Chief.
B. 
Variances from the specific requirements of this bylaw may be authorized by the licensing authority after notice and a public hearing.
C. 
Licenses issued in accordance with MGL c. 148, § 13, for underground tanks must be renewed annually in April in the Town Clerk's office. Tank owners must submit to the Fire Chief and the licensing authority a statement certifying satisfactory leak detection result over the period of the license (in accordance with this bylaw), and inventory verification, at least 30 days before the issuance of a license renewal for the time periods specified herein. Test results must accompany the license renewal application.
[Amended 5-6-2019 ATM, Art. 28]
D. 
Whoever violates any provision of this bylaw shall be subject to a fine of not less than $50 nor more than $100 per day per violation. Each day shall constitute a separate violation.
[Amended 5-6-2019 ATM, Art. 28]
E. 
The invalidity of any provision of this bylaw shall not affect the validity of the remainder.