As used in this chapter, the following terms shall have the
meanings indicated:
TOXIC OR HAZARDOUS MATERIALS
All liquid hydrocarbon products including, but not limited
to, gasoline, radioactive materials or other substance controlled
as being toxic or hazardous under the provisions of MGL c. 21C, § 1
et seq.
The following regulations apply to all toxic or hazardous material
storage systems:
A. Underground storage tanks.
(1) All underground fuel oil storage tanks shall be prohibited within
the Town of Eastham.
(2) Any existing underground fuel oil storage tanks must be removed in
compliance with the Fire Department permits and regulations.
B. Aboveground storage tanks (AGT).
(1) All aboveground fuel oil storage tanks (inside and outside) installed
shall be required to provide 110% containment capacity to prevent
contamination from leaks that may occur. Exterior fuel oil storage
tanks must be covered with substantial impermeable construction material
to prevent water accumulation within the containment in such a way
that it satisfies the Board of Health and the Fire Department. The
area beneath the exterior shall be four-inch-thick continuous concrete
slab. Double-walled fuel oil storage tanks could be substituted for
containment devices. The fuel oil storage tank or containment device
must be approved by the Fire Department before installation occurs.
(2) At time of property transfer all AGTs shall be required to be replaced
with double-walled fuel oil storage tanks or shall be required to
provide 110% containment capacity to prevent contamination from leaks
that may occur. Exterior fuel oil storage tanks must be covered with
substantial impermeable construction material to prevent water accumulation
within containment in such a way that it satisfies the Board of Health
and the Fire Department. The area beneath the exterior tank shall
be four-inch-thick continuous concrete slab. All aboveground elements
of a fuel storage system shall be maintained free of leaks and visible
rust.
(3) All underground fuel copper lines which do not have secondary containment
shall be replaced with an approved double-containment system at which
time any service to the system requiring a permit is performed or
whenever property ownership is transferred if lines are underground
including basement foundations.
(4) All in-tank or interstitial-space monitoring systems shall be checked
on a monthly basis to verify system integrity.
(5) All tanks installed above ground outside shall be of material approved
for outside use.
The following regulations shall apply to:
A. All tanks containing fuel oil, whose contents are used exclusively
for consumption on the premises; and
B. Farm and residential tanks of 1,100-gallon capacity, or less, used
for storing motor fuel for noncommercial purposes.
(1) Owners shall have on file with the Board of Health or the Fire Department
the size, type, age and location of each tank, and the type of fuel
or chemical stored in them. Evidence of date of purchase and installation,
including Fire Department permit, if any, shall be included along
with a sketch map showing the location of such tanks on the property.
Upon registering the tank, the tank owner will receive a permanent
metal or plastic tag, embossed with a registration number unique to
that tank. This registration tag must be affixed to the fill pipe
or in such a location as to be visible to any distributor when filling
the tank and to any inspector authorized by the Town.
Any person who is aware of a spill, loss of product, or unaccounted
for increase in the consumption which may indicate a leak shall report
such spill, loss or increase immediately to the head of the Fire Department
and to the Board of Health.
In every case, the owner shall assume the responsibility for
costs incurred necessary to comply with this regulation.
Variances from this regulation may be granted by the Board of
Health after a hearing at which the applicant establishes the enforcement
thereof would do manifest injustice.
Any owner or operator who violates any provision of this regulation
shall be subject to the penalties provided under MGL c. 111 § 31,
as amended. Each day during which such violation continues shall constitute
a separate offense. Upon request of the Chief of the Fire Department
or the Board of Health, the licensing authority shall take any legal
action as may be necessary to enforce the provisions of this regulation.
If any provision of this regulation is declared invalid by a
court of competent jurisdiction, such invalidity shall not affect
any remaining provisions of this regulation. Any part of these regulations
subsequently invalidated by a new state law or modification of an
existing state law shall automatically be brought into conformity
with the new or amended law and shall be deemed to be effective immediately.