[HISTORY: Adopted by the Town Board of the Town of Bedford 2-21-1989
as L.L No. 2-1989. This local law also superseded former Ch. 64, Fuel Storage
Tanks, adopted 1-28-1986 as L.L. No. 2-1986.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 125.
The Town of Bedford hereby finds that improperly maintained, leaking
or corroding aboveground and underground fuel-storage tanks used by commercial
establishments within the Aquifer Protection Zone may constitute a threat
to the public health, safety and welfare of the residents of the Town of Bedford
and may result in contamination of the drinking-water supply located within
the town unless such storage tanks are regulated as provided herein.
As used in this chapter, the following terms shall have the meanings
indicated:
The sum of the design storage capacity of each tank at a facility
or site which has not been permanently closed.
Aboveground and underground tanks containing fuel intended for wholesale
or retail resale or tanks with fuel which is not resold but is used directly
in the furtherance of a commercial activity, including fuel-storage tanks
utilized in conjunction with multifamily dwellings containing three (3) or
more units.
Any tank or pipe which meets standards for new tanks or pipes as
specified in 6 NYCRR Part 614.
Any underground or above-ground tank(s), including pipes and other
appurtenances, either abandoned or in use for the storage of gasoline, fuel
oil or other liquid hydrocarbon products, with a combined storage capacity
of not less than two hundred (200) gallons or more than one thousand one hundred
(1,100) gallons.
Any tank which does not meet standards specified in 6 NYCRR 614.3.
Examples of "unprotected tanks" include but are not limited to bare steel
tanks; steel tanks which have been rehabilitated with an interior lining;
steel tanks with exterior coatings of paint, asphaltum or other similar material;
steel tanks which have been retrofitted with cathodic protection; and permeable-concrete-encased
bare steel tanks.
A.
On or before August 31, 1989, every owner or lessee of
commercial property located within the Aquifer Protection Zone, as defined
in the Zoning Ordinance,[1] and on the Town of Bedford Recharge Area Map wherein is located
an underground or aboveground commercial fuel-storage tank with a combined
storage capacity of not less than two hundred (200) gallons nor more than
one thousand one hundred (1,100) gallons shall be required to apply to the
Town of Bedford for a license in order to maintain such fuel storage tank
on its premises. The license application must be accompanied by a fee as listed
in the fee schedule adopted by the Town Board. Any site with a combined storage
capacity of over one thousand one hundred (1,100) gallons in one (1) or more
tanks shall be subject to regulation under 6 NYCRR Parts 612, 613 and 614.
B.
In determining whether to grant a license for any commercial
fuel-storage tank, the Town Engineer or his qualified designee, at the expense
of the proposed licensee, shall inspect or test such commercial fuel-storage
tank in order to verify, in accordance with testing methods approved by the
town, that no unacceptable levels of leakage or corrosion exist in any tank.
If the Town Engineer or his designee finds that such commercial fuel-storage
tank does not constitute a danger to the public health, safety or welfare,
a license valid until the next inspection date shall be issued to the owner
or lessee of such fuel storage tank and must be posted in a conspicuous place.
C.
Any commercial fuel-storage tank which fails the inspection
of the Town Engineer or his designee must have appropriate corrective work
undertaken and completed on such tank within ninety (90) days of the date
on which the Town Engineer finds that the condition of such fuel storage tank
does not warrant a license. Such corrective work may include the filling or
sealing of an abandoned tank or a tank which is to be taken out of service.
D.
If there exists a leak determined by the Town Engineer
or his designee to be a potential threat to the Aquifer Protection Zone, he
may order that the tank be emptied immediately and repaired within the ninety-day
period if it is to be returned to service. If a leak or other problem does
not require the immediate emptying of the tank, but corrective work is not
completed to the satisfaction of the Town Engineer or his designee upon a
reinspection after the ninety-day period, it shall be unlawful for the owner
or lessee of such tank to continue to utilize such fuel-storage tank for any
storage purpose. In such event, all fuel contained in such tank shall be immediately
removed by the owner or lessee who shall not be permitted to utilize such
tank for any storage until it receives a license.
After August 31, 1989, every commercial fuel storage tank within the
Aquifer Protection Zone, as defined in the Zoning Ordinance and on the Town
of Bedford Recharge Area Map, in the Town of Bedford must be inspected by
the Town Engineer or his designee in accordance with the following schedule:
A.
Existing underground tanks.
|
Type of Tank
|
Frequency of Inspection
| |
|---|---|---|
|
Existing unprotected tank
|
Every 3 years until per- manently closed
| |
|
Existing corrosion-resistant tank
|
Every 5 years until per- manently closed
| |
|
Existing corrosion-resistant tank and pipe which have a leak-monitoring
system or any new tank and pipe installed in conformance with 6 NYCRR Part
614
|
Every 10 years until per- manently closed
|
B.
Existing aboveground tanks.
|
Type of Tank
|
Frequency of Inspection
| |
|---|---|---|
|
Existing aboveground tanks
|
Every 5 years until per- manently closed
|
C.
New tanks.
|
Type of Tank
|
Frequency of Inspection
| |
|---|---|---|
|
All new aboveground and un- derground tanks installed after May 15,
1986
|
Must be initially tested at time of installation and thereafter in accordance
with schedule for existing tanks set forth above
|
After the effective date of this chapter, only new aboveground and underground
commercial fuel storage tanks which comply with the petroleum storage facilities
regulations promulgated by the Department of Environmental Conservation in
6 NYCRR Part 614, as amended hereafter, shall be permitted to be installed
in the Aquifer Protection Zone of the Town of Bedford. Before the town may
approve any such tanks and issue a license, the applicant will be subject
to an installation inspection, with a fee as listed in the fee schedule adopted
by the Town Board, and must provide the town with the following information
on a written form provided by the town:
A.
The name and address of the applicant.
B.
The location where tanks are to be installed.
C.
The type and maximum quantity of hydrocarbon liquid to
be stored.
D.
The dimensions of the storage tanks.
E.
The gauge of metal tanks.
F.
The material of which the tanks and appurtenances are
made.
G.
The name and address of the company installing the tanks.
H.
Policy numbers and expiration dates of compensation and
public liability insurance monitored by the licensee.
A.
Any owner who does not have a tank inspected in accordance
with the provisions of this chapter shall be subject to a fine of one thousand
dollars ($1,000.) for each commercial above ground and underground fuel tank
in the Aquifer Protection Zone which has not been inspected and approved by
the Town Engineer or his designee.
B.
If the tank has been inspected and a leak found in said
tank, the owner may be ordered to immediately empty such tank; if the owner
fails to empty the tank, the owner of the tank will be subject to a fine of
one hundred dollars ($100.) per business day until the tank is emptied.
C.
If a situation is found during an inspection which does
not require the immediate emptying of the tank, but the owner of the tank
does not have remedial work completed within ninety (90) days as required
by this law, then the owner of the tank will be subject to a fine of one hundred
dollars ($100.) per business day for each day thereafter during which time
the tank remains unrepaired.
