[Adopted 10-9-1984 by Ord. No. 84-27]
The owner and occupant of any land within the
Borough upon which there is installed or located any underground tank
used for the storage of any liquid with a flash point of 100º
F. or less shall cause said tank and all connecting piping to be tested
for leakage no later than six months after the date of final passage
of this article. Thereafter, said tanks shall be tested at least once
every five years. It is the responsibility of the owner or occupant
of the land upon which said tank is located to comply with the provisions
of this article within the time specified.
The testing shall be conducted by a reputable
independent firm who shall submit an affidavit to the Fire Prevention
Bureau and the Board of Health setting forth the date of the testing
and the results thereof. The affidavit shall include a statement of
the size of the tank(s) and a plan showing the exact location of the
tank(s) on the site, as well as including as-built piping detail.
[Amended 4-9-1985 by Ord. No. 85-8]
In the event that the results of any tests reveal
a leakage, the owner or occupant of the land upon which said tank
is located shall forthwith remove all the liquid contained in said
tank and shall cease to operate said tank until the tank is replaced
and shall notify the enforcing authorities immediately of the leakage.
Said tank shall be removed no later than 30 days from the date leakage
is discovered. When the leaking tank is excavated, 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 enforcing authorities and to be disposed of by an approved
hazardous waste disposing firm. When a replacement tank is installed,
it shall not be put into operation until such time as it is tested
for leakage in accordance with the Fire Prevention Code of the Borough.
No new tanks for the storage of flammable liquid shall be installed or operated unless said tanks are tested for leakage in accordance with the Fire Prevention Code of the Borough and an affidavit, as set forth in § 265-18, has been submitted to the Fire Prevention Bureau and the Board of Health that there are no leaks in said tank.
The enforcing agencies for this article shall
be the Fire Prevention Bureau and the Board of Health, who may, in
the event that there is reason to believe there is a leak in any underground
tank, order that a test be made of that tank forthwith.
[Amended 4-9-1985 by Ord. No. 85-8]
A precision test that conforms to the National Fire Protection Association Standard No. 329 shall be used in testing for leakage of such underground tanks. Testing shall be performed by a reputable and certified testing company, as described in § 265-18.
Excavation for underground storage tanks shall
be made with due care to avoid undermining the foundation of existing
structures. Underground tanks or tanks under buildings shall be located
with respect to existing building foundations and supports so that
the loads carried by the latter cannot be transmitted to the tank.
The distance from any part of a tank to the nearest wall of any basement,
pit or property line shall be not less than five feet.
All storage tanks shall be of steel of fiberglass
construction in accordance with the requirements of the National Board
of Fire Underwriters (Underwriters' Laboratories, Inc.) and shall
be thoroughly coated on the outside with a suitable corrosion-resistant
material.
A.
Nonmetallic underground tanks shall be installed in accordance with manufacturer's instructions and Subsection B of this article.
B.
An underground tank shall be set on a firm foundation
and surrounded with at least six inches of noncorrosive inert materials
such as clean sand, earth or gravel, well tamped in place. The tank
shall be placed in a hole with care, since dropping or rolling the
tank into the hole can break a weld, puncture or damage the tank metal
or scrape off the protective coating. A tank shall be covered with
a minimum of two feet of earth or shall be covered with not less than
one foot of earth, on top of which shall be placed a slab of reinforced
concrete not less than four inches thick. When underground tanks are
or are likely to be subjected to traffic, they shall be protected
against damage from vehicles passing over them by at least 18 inches
of well-tamped earth, plus six inches of reinforced concrete or eight
inches of asphaltic concrete. When asphaltic or reinforced concrete
paving is used as part of the protection, it shall extend at least
one foot horizontally beyond the outside of the tank in all directions.
When conditions warrant, the tank shall be secured in accordance with
approved methods. Installation shall fully comply with existing building
and constructions standards as set forth by the Borough of Paramus
and in accordance with the Fire Prevention Code and NFPA No. 30.
[Amended 4-9-1985 by Ord. No. 85-8]
A.
Underground tanks taken out of service or abandoned
shall be safeguarded or disposed of in a safe manner. All abandoned
tanks connecting pipe lines shall be completely drained of their contents,
and a certified report setting forth the tank size, location, date
of abandonment and method used for placing the abandoned tank in a
safe condition shall be submitted to the Board of Health within 10
days of the date of abandonment.
B.
When tanks are temporarily taken out of service for
a period of more than 30 days, a certified report shall be submitted
to the Board of Health setting forth the planned temporary abandonment
and proposed safeguarding procedures. No temporary abandonment shall
exceed the period of six months, at which time said tanks shall have
been removed after having been drained of their contents. Further,
the owner or occupant of the lands upon which said abandoned tanks
are located shall provide the Board of Health with a report that the
ground in the vicinity of the tanks is not contaminated.
C.
No abandoned tank shall be returned to service without
first being tested for leakage in accordance with this article.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2]
Any person violating the provisions of this article shall be subject, upon conviction, to the penalties provided by §1-15 of this Code. Each day of violation shall be deemed a separate violation and shall be punishable as such.
