[Amended 12-13-1988 by Ord. No. 2188]
All persons, which shall herein be construed
to include individuals, partnerships, corporations or other entities,
operating or having custody, control or ownership of an underground
storage tank system, with the exception of underground storage tank
systems which have a capacity of less than 1,100 gallons and which
are used for the purpose of storing fuel oil for the heating of one
or more residences, shall cause said tank and all connecting piping
to be tested for leakage no later than six months after the effective
date of this article. Thereafter, said tank shall be tested at least
once every three years. The owner of the real property on which any
such tank is installed shall have the primary and ultimate responsibility
for compliance with this article.
The Petro-Tite Tank and Line Test (formerly
the Kent-Moore Test) or other methods approved by Section 329 of the
NFPA shall be utilized in testing for leakage of such underground
tanks.
Testing shall be performed by a person, firm
or corporation duly qualified to test underground flammable liquid
storage tanks. Each test shall be conducted during normal working
hours and under conditions prescribed by the Bureau of Fire Prevention.
All tests shall be conducted to give proof of tightness to the standards
of the NFPA Section 329.
The person having custody, control or ownership
of the tank shall furnish a written report of the results of each
test to the Bureau of Fire Prevention within 10 days of the completion
of the test. In the event that the test reveals a leakage, the owner
or occupant of the land upon which the tank is located shall immediately
remove all of the liquid in said tank and shall cease to operate said
tank until the tank is either replaced or repaired to correct the
leakage. Any tank which must be repaired to correct leakage shall
not be put into operation until after the repairs are completed, and
until a further test is made which reveals that there are no leaks
and until the Bureau of Fire Prevention has certified that the tank
may be put back into service. Within 10 days after the completion
of repairs, proof that the tank has been repaired satisfactorily shall
be submitted by the person responsible to the Bureau of Fire Prevention.
In all cases, the Bureau of Fire Prevention may require that any tank
which reveals a leakage be excavated and removed. When the leaking
tank is excavated and removed, the owner or occupant of the land upon
which the tank is located shall cause any and all contaminated soil
to be removed from the site to the satisfaction of the Bureau of Fire
Prevention and the New Jersey State Department of Environmental Protection.
The soil shall be disposed of by an approved hazardous waste disposing
firm, at the cost and expense of the person responsible, under the
direction of the Bureau of Fire Prevention and the Department of Environmental
Protection. If the Bureau of Fire Prevention requires removal of the
tank, said tank shall be removed no later than 30 days from the date
leakage is discovered. All replacement tanks shall comply with the
regulations regarding installation of the same as promulgated by the
Environmental Protection Agency and the Department of Environmental
Protection.
Underground tanks taken out of service or abandoned
shall be safeguarded or disposed of as prescribed by the Uniform Construction
Code and under conditions prescribed by the Fire Subcode Official.
The Bureau of Fire Prevention may require that
a tank be tested more frequently than required by this article if
the Bureau has reason to believe that there may be a leak in the tank.
All testing and excavation of tanks shall be
conducted only upon a minimum of 72 hours advance notice to the Bureau
of Fire Prevention and under conditions prescribed by the Bureau of
Fire Prevention.