[HISTORY: Adopted by the Town Meeting of the Town of Sudbury
as Art. V(E) of the General Bylaws. Amendments noted where applicable.]
A.
This bylaw is adopted by the Town of Sudbury under its Home Rule
powers, its police powers to protect the public health and welfare,
its authorization under MGL c. 40, § 21, and MGL c. 148,
§ 9, and other provisions of law.
B.
The purpose of this bylaw is to control the use and maintenance of
underground tanks for the storage of hazardous substances that are
generally exempt from state and federal regulation, to protect groundwater
and surface water from contamination because of leakage, and to prevent
damage to persons or property because of fire. The purpose of the
bylaw is also to protect the owners of these tanks and the Town of
Sudbury from the potentially devastating financial and environmental
consequences of contamination of wells or groundwater due to leakage
arising from tank corrosion, improper installation or other causes.
As used in this chapter, the following terms shall have the
meanings indicated:
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]
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]
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.
The Fire Chief of the Town of Sudbury.
Oil of grades 1, 2, 4, 5 and 6, established in accordance
with MGL c. 94, § 249H.
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.
With respect to a tank means the owner of the land on which
an underground tank is located.
Fuel oil, waste oil and gasoline.
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 tank of over 1,100 gallons' capacity for storing motor fuel.
A tank for storing motor fuel for commercial and governmental
purposes.
A tank for storing heating oil other than for consumptive use
on the premises where stored.
A septic tank used to contain sewage.
A pipeline facility regulated under state or federal law.
A tank situated upon or above the surface of the floor in an
underground area, such as the basement of a home.
A.
On or before December 1, 1992, the owner of each underground tank
shall file with the Fire Chief a form setting forth the size, type,
age (with proof of age), contents and location of the underground
tank. This form shall be made available to the public by the Fire
Chief. The age of a tank is to be determined from the date when it
was first installed. If the owner cannot document the age of the tank
to the satisfaction of the Fire Chief, the installation date will
be presumed to be January 1971. The registration tag issued by the
Fire Chief shall be visibly affixed to the fill pipe by the owner
on or before January 1, 1993.
B.
On or after January 2, 1993, each distributor of fuel oil or other
hazardous substance that is requested to fill an underground tank
without a registration tag shall notify the Fire Chief within 48 hours
of such request of the existence and location of the tank. It shall
not be considered a violation of any provision of this bylaw for a
fuel oil distributor to fill an underground tank without a registration
tag, provided that the distributor duly notifies the Fire Chief in
accordance with the provisions of the previous sentence.
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.
A.
On or before December 31, 1996, the owner shall empty and remove
any underground tank that was installed before December 31, 1971.
B.
Any tank which is not required to be removed under Subsection A of this section shall be emptied and removed in accordance with the schedule set forth in Appendix 1 of the bylaw.[1]
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
C.
As required by the provisions of the code, the owner must empty and
remove any underground tank that is abandoned.
D.
Removal of an underground tank shall be performed under the supervision
of the Fire Chief in compliance with the removal provisions of the
code. The Fire Chief may approve decommissioning of a tank instead
of removal where permitted by the code, provided that, immediately
prior to decommissioning, the tank shall be tested for leakage of
a hazardous substance using a method acceptable to the Fire Chief
and that no leakage shall be detected by such testing.
A.
In the event of a spill or leak, the owner, operator, or person in
control shall comply with the provisions of the Board of Fire Prevention
Regulations Massachusetts Comprehensive Fire Safety Code, 527 CMR
1.00, entitled "Response to Leaks," in its entirety.
[Amended 10-23-2023 STM
by Art. 2]
B.
If a leak from an underground tank is confirmed, the owner must empty
and remove or decommission the tank in accordance with the code.
A.
The Select Board may, after receiving comment from the Fire Chief
and after a public hearing, vary the application of this bylaw in
accordance with the provisions of this section, when the applicant
has demonstrated financial hardship. Notice of the hearing shall be
given by the Select Board, at the applicant's expense, at least 10
days prior thereto, by certified mail to all abutters to the property
on which the tank is located. The notice shall include a statement
of the variance sought and the reasons therefor. Any grant or denial
of variance shall be in writing and shall contain a brief statement
of the reasons for the grant or denial.
B.
In considering the variance request, the Select Board shall take
into consideration factors such as the direction of the groundwater
flow, soil conditions, depth to groundwater, size, shape and slope
of the lot, and proximity of existing and potential water supplies.
No variance shall be granted unless the Select Board finds that the
variance, as granted, would result in the same degree of environmental
protection as required by the bylaw.
C.
Any variance granted under this section shall be limited in effect to extending the period of compliance with the removal provisions of this bylaw, as set forth in § 243-5. In no event shall any variance extend the period of compliance 36 months or more beyond the time otherwise required under the bylaw.
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.
