As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED
In the case of underground storage tanks shall mean out of
service for a continuous period in excess of six months where a license
from the local licensing authority is required under the provisions
of MGL c. 148, § 13, and for a period in excess of 24 months
in the case of any other underground storage facility or an aboveground
tank of 10,000 gallons' capacity or less; and in the case of aboveground
storage of any fluid other than water, where a permit is required
from the State Fire Marshal or their designee under provisions of
MGL c. 148, § 37, it shall mean out of service for a continuous
period in excess of 60 months and it has been deemed to be unsafe
and a threat to the public safety by the head of the Fire Department
and by the Office of Public Safety and Inspections.
[Amended 10-23-2023 STM
by Art. 2]
CODE
The Board of Fire Prevention Regulations Governing Tanks
and Containers as set forth at 527 CMR 1.00 and following.
[Amended 10-23-2023 STM
by Art. 2]
DOUBLED-WALLED TANK
A container with two complete shells which provide both primary
and secondary containment. The container shall have a continuous 360°
interstitial space between the primary and secondary shell. The interstitial
space shall be designed so that an approved interstitial space monitor
is able to continuously monitor this space. All double-walled tanks
shall be UL-listed.
FUEL OIL
Oil of grades 1, 2, 4, 5 and 6, established in accordance
with MGL c. 94, § 249H.
HAZARDOUS SUBSTANCE
Any liquid hydrocarbon product, including but not limited
to gasoline, heating oil and diesel oil, and any other substance controlled
as being toxic or hazardous under MGL c. 21E.
OWNER
With respect to a tank means the owner of the land on which
an underground tank is located.
UNDERGROUND TANKS
Any containment system (including associated piping) used
to contain a hazardous substance 10% or more of the volume of which
is beneath the surface of the ground, but excluding:
A.
A tank of over 1,100 gallons' capacity for storing motor fuel.
B.
A tank for storing motor fuel for commercial and governmental
purposes.
C.
A tank for storing heating oil other than for consumptive use
on the premises where stored.
D.
A septic tank used to contain sewage.
E.
A pipeline facility regulated under state or federal law.
F.
A tank situated upon or above the surface of the floor in an
underground area, such as the basement of a home.
Following the effective date of this regulation, installation
of underground petroleum products storage tanks is prohibited with
the following exceptions:
A. Underground storage of a flammable petroleum product with a flash
point of 100° F. or less is permitted in a double-walled steel
or double-walled fiberglass tank.
B. The storage of fuel oil for consumptive use on the premises is permitted
in double-walled steel or double-walled fiberglass tanks limited to
a maximum of 1,000 gallons for residential properties up to five units
and to a maximum of 5,000 gallons for residential properties over
five units.
C. The storage of fuel oil for consumptive use is permitted in double-walled
steel or double-walled fiberglass tanks to a maximum of 10,000 gallons
for other than residential use.
D. The storage of fuel oil for resale is permitted in double-walled
steel or double-walled fiberglass tanks limited to that amount which
the property is licensed for on the effective date of this regulation.
E. All other tanks are to be indoors or outside aboveground.
All costs incurred in complying with the provisions of this
bylaw and in obtaining compliance shall be paid by the owner and operator
of the affected underground tank.
Each part of this bylaw shall be construed as separate to the
end that if any part or sentence, clause or phrase thereof shall be
held invalid for any reason, the remainder of that part and all other
parts of the bylaw shall continue in full force.