[HISTORY: Adopted by the Town Meeting of the Town of Norwell
as indicated in article histories. Amendments noted where applicable.]
[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.
Means American Petroleum Institute (re: "Recommended Practice
for Bulk Liquid Stock Control at Retail Outlets," API Publication
No. 1621).
Shall mean the Chief of the Town of Norwell Fire Department.
Means National Fire Protection Association.
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.
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.
Shall mean the Marley Co. "Red Jacket" two-second leak detector,
or approved equal, suitable for remote submersible petroleum pumping
systems.
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.
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.
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 Select Board 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.
[Amended 5-8-2021 ATM by Art. 11]
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.
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.
