Village of Elmsford, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 8-6-1979 by L.L. No. 7-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 151.
Fire prevention — See Ch. 109, Part 2.
Gasoline service stations — See Ch. 189.
No fuel tank for the storage of any type or kind of flammable or combustible liquid other than for the storage of heating fuel shall be installed or kept on any parcel of land or location within the Residence R-O or Residence R-1 or R-2 or Business District within the Village of Elmsford.
[Amended 5-1-2000]
Storage tanks shall be permitted within the Light Industrial Districts upon the following conditions: Said installation shall be on application to the Plumbing Inspector for a permit to be granted upon the payment of a fee of $50 per thousand-gallon capacity of the tank to be installed.
Only underground tanks will be permitted in compliance with the following regulations.
A. 
Location. Excavation for underground storage tanks shall be made with due care to avoid undermining of foundations of existing structures. Underground tanks or tanks under buildings shall be so located with respect to existing building foundations and supports that the loads carried by the latter cannot be transmitted to the tank. The distance from any part of a tank storing such liquids to the nearest wall of any basement or pit shall be not less than 10 feet, and to any property line that can be built upon, not less than 10 feet.
B. 
Depth and cover. Underground tanks shall be set of 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 the hole with care since dropping or rolling the tank into the hole can break a weld, puncture or damage the tank or scrape off the protective coating of coated tanks. Tanks 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 three feet of earth cover, or 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 outline of the tank in all directions.
C. 
Corrosion protection. Corrosion protection for the tank and its piping shall be provided by one or more of the following methods: use of protective coatings or wrappings, cathodic protection or corrosion-resistant materials of construction. Selection of the type of protection to be employed shall be based upon the corrosion history of the area and the judgment of a qualified engineer.
D. 
Vents for underground tanks.
(1) 
Location and arrangement of vents. Vent pipes from underground storage tanks storing such liquids shall be so located that the discharge point is outside of buildings, higher than the fill pipe opening and not less than 12 feet above the adjacent ground level. Vent pipes shall not be obstructed by devices provided for vapor recovery or other purposes unless the tank and associated piping and equipment are otherwise protected to limit back-pressure development to less than the maximum working pressure of the tank and equipment by the provision of pressure-vacuum vents, rupture discs or other tank venting devices installed in the tank vent lines. Vent outlets and devices shall be protected to minimize the possibility of blockage from weather, dirt or insect nests and shall be so located and directed that flammable vapors will not accumulate or travel to an unsafe location, enter building openings or be trapped under eaves. Tanks containing such liquids shall be equipped with pressure and vacuum venting devices which shall be normally closed except when venting under pressure or vacuum conditions. Tanks storing gasoline are exempt from the requirements for pressure and vacuum venting devices, except as required to prevent excessive back pressure, or flame arresters, provided that the vent does not exceed three inches' normal inside diameter.
(2) 
Vent piping. Vent pipes shall be so laid as to drain toward the tank without sags or traps in which liquid can collect. They shall be located so that they will not be subjected to physical damage. The tank end of the vent pipe shall enter the tank through the top.
(3) 
When tank vent piping is manifolded, pipe sizes shall be such as to discharge, within the pressure limitations of the system, the vapors they are required to handle when manifolded tanks are filled simultaneously, except that, for service stations, the capacity of manifolded vent piping shall be sufficient to discharge vapors generated when two manifolded tanks are simultaneously filled.
E. 
Tank openings, other than vents, for underground tanks.
(1) 
Connections for all tank openings shall be vapor- or liquid-tight.
(2) 
Openings for manual gaging, if independent of the fill pipe, shall be provided with a liquidtight cap or cover. If inside a building, each such opening shall be protected against liquid overflow and possible vapor release by means of a spring-loaded check valve or other approved device.
(3) 
Fill and discharge lines shall enter tanks only through the top. Fill lines shall be sloped toward the tank.
(4) 
Filling and emptying and vapor recovery connections for such liquids which are made and broken shall be located outside of buildings at a location free from any source of ignition and not less than 10 feet away from any building opening. Such connection for any liquid shall be closed and liquidtight when not in use. The connection shall be properly identified.
(5) 
Tank openings provided for purposes of vapor recovery shall be protected against possible vapor release by means of a spring-loaded check valve or dry-break connection or other approved system. Openings designed for combined fill and vapor recovery shall also be protected against vapor release unless connection of the liquid delivery line to the fill pipe simultaneously connects the vapor recovery line. All connections shall be vaportight.
A. 
Underground tanks taken out of service shall be safeguarded or disposed of by any one of the three following means:
(1) 
Placed in a temporarily-out-of-service condition. Tanks shall be rendered temporarily out of service only when it is planned that they will be returned to active service within time limits established by the Fire Inspector or pending removal or abandonment within 90 days.
(2) 
Abandoned in place, with proper safeguarding.
(3) 
Removed.
B. 
In cases where tanks are either rendered temporarily out of service or permanently abandoned, records shall be kept by the Fire Inspector of tank size, location, date of abandonment and method used for placing the abandoned tank in a safe condition.
C. 
Procedures for carrying out each of the above methods of disposing of underground tanks are described in the following sections. No cutting torch or other flame or spark-producing equipment shall be used until the tank has been completely purged or otherwise rendered safe. In each case, the numbered steps given shall be carried out successively.
(1) 
Rendering tanks temporarily out of service.
(a) 
Cap the fill line, gage opening and pump suction; secure against tampering.
(b) 
Leave the vent line open.
(2) 
Abandoning underground tanks in place.
(a) 
Remove all flammable or combustible liquid from the tank and from all connecting lines.
(b) 
Disconnect the section, inlet, gage and vent lines.
(c) 
Fill the tank completely with an inert solid material. Cap remaining underground piping.
(3) 
Removal of underground tanks.
(a) 
Remove all flammable or combustible liquids from tanks and from connecting lines.
(b) 
Disconnect the suction, inlet, gage and vent lines; remove sections of connecting lines which are not to be used further and cap or plug inlets, outlets and leaks, if any. After removal, the tank shall be gas freed on the premises if it can be done safely at that location or transported to an area not accessible to the public and the gas freeing completed at that location.
(4) 
Disposal of tanks.
(a) 
If a tank is to be disposed of as junk, it shall be retested for flammable vapors and, if necessary, rendered gas free. After junking and before releasing to a junk dealer, a sufficient number of holes or openings shall be made in it to render it unfit for further use.
(b) 
Safeguarding procedures shall be reasonably safe to persons and property. Safeguarding procedures conforming to the provisions of this Code shall be deemed to be reasonably safe to persons and property; on matters not detailed in this Code, the decision of the Fire Inspector shall prevail.
(5) 
Reuse of underground tanks. Used tanks which are to be reused for flammable or combustible liquid service shall meet all the requirements of this Code for the installation of underground tanks.
[Amended 7-10-2006 by L.L. No. 4-2006]
Any violation by a person, firm or corporation of this chapter shall be deemed an offense punishable by a fine not to exceed $1,000 or imprisonment for a period of not more than 60 days, or both.
[Added 2-3-1992 by L.L. No. 8-1992]
A. 
The Board of Trustees may, on application by the owner, lessee or tenant of real property, issue a special permit for the installation and maintenance of a vaulted aboveground fuel tank under the following circumstances:
(1) 
The tank is at least 100 feet from any residential dwelling unit.
(2) 
The applicant will not use or permit the use of the tank for the retail or wholesale sale of fuel oil products and the tank must be used exclusively for on-premises use.
(3) 
The applicant will provide reasonably adequate safeguards to protect the environment, including fencing, screening and use of a nonpermeable apron where dispensing of the fuel is to take place.
B. 
The Board of Trustees may, in its discretion, consider other items for the protection of the public health, safety and welfare for the issuance of the special permit.
C. 
The special permit shall be issued annually as of January 1. The fee for the special permit is $100 for up to two tanks.
[Amended 5-1-2000]