[HISTORY: Adopted by the Board of Selectmen
of the Town of Simsbury 5-27-1992.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 139, Tanks, Underground, adopted 2-11-1991.
The purpose of this Article is to protect the
public health, safety and welfare of the townspeople and to preserve
the quality and quantity of the town's groundwater supply. This is
accomplished by regulating the modification, installation, maintenance
and removal of petroleum liquid storage tanks used in connection with
a residential building. This Article affects residential buildings
of three living units or fewer.
Aquifer and aquifer recharge areas are identified on a map entitled "Town of Simsbury Aquifer Protection Zones," as amended by the Zoning Commission, dated March 19, 1990. The map may be amended according to the procedures outlined in Article 10, Section J, of the Town of Simsbury Zoning Regulations.[1] Areas served by private wells are identified on a map
entitled "Town of Simsbury Aquifer Protection Zones and Areas Served
By Private Wells," dated May 27, 1992, which has been prepared as
part of this Article.[2]
A.
The terms used in this Article and not otherwise defined
shall have the meanings ascribed to them in Section 22a-449(d)-1(a)
of the Regulations of Connecticut State Agencies, as the same may
be amended from time to time.
B.
ABANDONED
ABOVEGROUND
EXISTING FACILITY
FACILITY
LIFE EXPECTANCY
LIQUID
LISTED
(1)
(2)
(3)
NEW FACILITY
NFPA 30
OIL OR PETROLEUM LIQUID OR PRODUCT
OWNER
PRIVATE WELL
RESIDENTIAL BUILDING
UNDERGROUND
WELL
As used in this Article, the following terms shall
have the meanings indicated:
Rendered permanently unfit for use.
When referring to an interior or exterior facility or facility
component, means that greater than 90% of the volumetric capacity
of the facility or component is above the surface of the ground or
located in a basement or crawl space.
A facility the construction or installation of which began
prior to the effective date of these regulations.
A system of interconnected tanks, pipes, pumps, vaults, fixed
containers and appurtenant structures, singly or in any combination,
which are used or designed to be used for the storage, transmission
or dispensing of oil or petroleum liquids, including any monitoring
devices. As used in these regulations, the term "facility" refers
only to residential underground facilities.
The time period within which a failure is not expected to
occur as determined in accordance with the Regulations of Connecticut
State Agencies, as amended by adding Section 22a-449(d)-1.
Any liquid, including but not limited to oil and petroleum
liquids.
Included in a list published by a testing laboratory which:
Is approved by the Commissioner of Environmental
Protection in consultation with the Bureau of the State Fire Marshal;
Maintains periodic inspection of production
of listed equipment or materials; and
States in its listing either that the equipment,
material or procedure meets appropriate standards or has been tested
and found suitable for use in a specified manner.
A facility the construction or installation of which begins
on or after the effective date of these regulations, including but
not limited to facilities which replace existing facilities and facilities
which are moved from one location to another.
National Fire Protection Association Publication Number 30,
entitled "Flammable and Combustible Liquids Code," as enforced by
the State Fire Marshal pursuant to Section 29-320 of the Connecticut
General Statutes, as amended.
Oil or petroleum of any kind normally in liquid form, including
but not limited to waste oils and distillation products such as fuel
oil, kerosene, naphtha, gasoline and benzene.
The person or municipality in possession of or having legal
ownership of a facility.
Under these regulations, considered to mean a well supplying
one to 20 homes which are in close proximity to the well but may not
be in the aquifer area as defined in these regulations.
Any house, apartment, trailer, mobile home or other structure
occupied by individuals as a dwelling.
When referring to a facility or facility component, means
that 10% or more of the volumetric capacity of the facility or component
is below the surface of the ground and that portion which is below
the surface of the ground is not fully visible for inspection.
An artificial excavation or opening in the ground by which
groundwater can be obtained or through which it flows under natural
pressure or is artificially withdrawn.
On or after the effective date of this Article
(hereinafter the "effective date"), property owners shall register
with the town all propane tanks used in connection with heating (not
cooking) and petroleum liquid storage tanks or the absence of such
tanks in a manner prescribed by the town by September 1, 1991.
B.
Petroleum liquid storage tanks.
(1)
Burial and placement.
[Amended 10-14-1992]
(b)
In an aquifer protection or private well area(s),
replacement tanks must be placed in the basement or in an acceptable
aboveground location unless a waiver is given by the Board of Selectmen.
(c)
In a nonaquifer area or nonprivate well area,
underground replacement tanks will be allowed without a waiver from
the Board of Selectmen, provided that all the following conditions
are met:
(2)
All existing buried tanks and buried piping used in
connection with a residential building shall be removed or abandoned
according to applicable building and fire codes and in accordance
with NFPA 30 and Schedule I hereof,[1] as the same may be amended from time to time, per the
following schedule:
(a)
Fiberglass or cathodically protected steel tanks
located in a designated Aquifer Protection Zone or in an area served
by private well water shall be removed or abandoned prior to expiration
of the manufacturer's corrosion warranty period.
(b)
If an underground steel tank is located in a
designated Aquifer Protection Zone or in an area served by private
well water and is 20 years old or older on the effective date, the
tank and its associated piping shall be removed or abandoned within
two years after the effective date or the effective date of the amendment
hereto applying this Article to the particular tank or by October
1, 1993, whichever is later.
(c)
If an underground steel tank is located in a
designated Aquifer Protection Zone or in an area served by private
well water and is at least 15 years old but less than 20 years old
on the effective date, the tank and its associated piping shall be
removed or abandoned within three years after the effective date or
the effective date of the amendment hereto applying this Article to
the particular tank or by October 1, 1994, whichever is later.
(d)
If an underground steel tank is located in a
designated Aquifer Protection Zone or in an area served by private
well water and is less than 15 years old, the tank and its associated
piping shall be removed or abandoned not later than 18 years from
the date of installation.
(e)
All underground tanks will be assumed to be
a minimum of 20 years old on the effective date unless information
is provided to the Building Inspector by the owner of the tank to
prove the actual date of installation.
(f)
An owner of a tank which is not fiberglass or cathodically protected that has a guaranteed life span longer than 18 years may apply for a waiver of the requirements of § 139-4B(2) pursuant to § 139-6 of this Article. Supporting documentation establishing the longer guaranteed life span shall be submitted with the registration form required by § 139-4.
[1]
Editor's Note: Schedule I appears at the end
of this chapter.
(3)
Oil-contaminated soil shall be remediated according
to Connecticut Department of Environmental Protection (CTDEP) procedures
when tanks are removed.
(4)
All replacement petroleum liquid storage tanks shall
be registered with and have an installation permit from the Building
Department of the Town of Simsbury. The tanks shall be installed according
to manufacturer's specifications and include appropriate protection
for all pipe connections and piping. Installation shall be in conformance
with the National Fire Protection Association (NFPA) 30 and 31, 1987
Edition, as the same may be amended from time to time.
(5)
Within two years of the effective date of this Article
or the effective date of the amendment hereto applying this Article
to the particular tank, or by October 1, 1993, whichever is later,
underground tanks less than 10 years of age greater than 1,000 gallons
in capacity that are not double-wall fiberglass, double-wall steel
or equipped with other secondary containment must have an approved
leak-detection monitoring device and an approved monitoring procedure
and schedule.
(6)
The owner of a cathodically protected tank shall submit
every three years after the installation date a test report performed
by a qualified individual showing that the components are working
properly. If the cathodic protection is no longer working properly,
the system must be repaired to satisfactory working conditions within
three months, and the Building Official must so certify to the town.
(7)
With all new residential construction in an aquifer
area or in an area served by private well water, exterior and interior
petroleum liquid tanks shall have an impervious containment berm/dike
with an impervious base surrounding the tank(s) or other equivalent
secondary containment approved by the Town Building Department for
this particular construction project. Containment dikes shall be constructed
in accordance with the provisions of Schedule II of this Article.[2]
[2]
Editor's Note: Schedule II appears at the
end of this chapter.
(8)
By and after October 1, 1994, the following petroleum
liquid tanks located in the affected areas shall adhere to the requirements
as listed in Schedule II of this Article, as the same may be amended
from time to time:
A.
The Building Official is designated as the enforcement
official. This official shall have the responsibility of monitoring
procedures and equipment relating to propane tanks and petroleum liquid
storage tanks and shall coordinate monitoring and enforcement procedures
with the Fire Marshal. All applicable state and federal building and
fire codes must be complied with.
B.
Residential property owners are required to register
with the Building Official all tanks or the absence of a tank on forms
provided by the town.
C.
If any residential property owner fails to submit
the registration form by September 1, 1991, a certified letter shall
be sent to the property owner indicating that the property owner may
be in violation of this Article and requesting that the form be returned
to the town within 30 days. If the form is not received within that
time, a fine of $10 per day, not to exceed $500, may be imposed.
D.
A letter will be sent to each property owner to advise
him/her that a tank must be removed within the appropriate time. If
the tank is not replaced according to the above provisions, a certified
letter shall be sent to the property owner indicating that he/she
may be in violation of this Article. If the tank is not removed within
90 days after receipt of such notice, a fine of $90 per day may be
imposed, not to exceed a total of $5,000.
E.
A letter will be sent to each property owner who has
an aboveground tank to advise him/her that the tank must have acceptable
containment within the appropriate time. If the tank is not contained,
a certified letter shall be sent to the property owner indicating
that he/she may be in violation of this Article. If the tank is not
contained within 90 days after receipt of such notice, a fine of $90
per day may be imposed, not to exceed a total of $5,000.
F.
Each day of violation of Subsections C, D and E shall constitute a separate offense. With respect to Subsections D and E, if upon the expiration of such number of days of noncompliance as would authorize the imposition of the maximum cumulative total of fines under each subsection the property owner has not complied with the relevant subsection by removing or containing the tank, as the case may be, the Building Official may, in addition to seeking imposition of said fine, pursue such other civil and criminal remedies as may from time to time be available to him to effect such removal or containment.
A.
The tank owner may apply to the Board of Selectmen for a waiver of the requirements of this Article for a tank that has a longer guaranteed life span than is assumed in § 139-4B(2)(a) through (e). The owner shall submit supporting documentation from the manufacturer establishing the longer guaranteed life span.
B.
The waiver application shall be on a form prescribed
by the Board and contain information as to why the tank is not a threat
to the environment.
C.
The waiver application will be reviewed by the Conservation
Commission prior to a decision by the Board of Selectmen.
D.
Waivers shall be limited to a time that reflects the
tank's guaranteed life span, the potential for release of its contents
and the difficulty of placing the tank above ground.
In no event shall the town's regulation of petroleum
liquid storage tanks pursuant to this Article constitute a recommendation,
approval, endorsement or warranty of a petroleum liquid storage tank.
The town shall not thereby be deemed to have acquired any special
expertise with respect to any of the foregoing nor to have acquired
or incurred any special duty, liability or standard of care concerning
any of the foregoing. Accordingly, the town shall not be responsible
for or liable to any person or entity for any injury to person, property
or the environment caused directly or indirectly by the leaking of
a petroleum liquid storage tank or by anything else claimed to have
been caused or facilitated by the acts or omissions of the town in
regulating petroleum liquid storage tanks or undertaking to do so.
The purpose of this Article is to protect the
public health, safety and welfare of the townspeople and to preserve
the quality and quantity of the town's groundwater supply. This is
accomplished by regulating existing land uses which may cause contamination
of groundwater. This Article concerns multifamily residential complexes
of more than three units and commercial, industrial and institutional
petroleum liquid storage tanks.
A.
Aquifer and aquifer recharge areas are identified
on a map entitled "Town of Simsbury Aquifer Protection Zones," as
amended by the Zoning Commission, dated March 19, 1990.[1] The map may be amended according to the procedures outlined in Article 10, Section J, of the Town of Simsbury Zoning Regulations.
[1]
Editor's Note: The map appears at the end
of this chapter.
A.
The terms used in this Article and not otherwise defined
shall have the meanings ascribed to them in Section 22a-449(d)-1(a)
of the Regulations of the Connecticut State Agencies, as the same
may be amended from time to time.
B.
ABANDONED
ABOVEGROUND
AGRICULTURAL OPERATIONS
EXISTING FACILITY
FACILITY
FARM
HAZARDOUS MATERIAL
HAZARDOUS WASTE
LIFE EXPECTANCY
LIQUID
LISTED
(1)
(2)
(3)
NEW FACILITY
NFPA 30
OIL OR PETROLEUM LIQUID OR PRODUCT
OWNER
PRIVATE WELL
RESIDENTIAL BUILDING
UNDERGROUND
WELL
As used in this Article, the following terms shall
have the meanings indicated:
Rendered permanently unfit for use.
When referring to an interior or exterior facility or facility
component, means that greater than 90% of the volumetric capacity
of the facility or component is above the surface of the ground or
located in a basement or crawl space.
Those operations located on land defined as a farm under
the Zoning Regulations[1] whose annual gross sales from agricultural products during
the preceding calendar year were $1,000 or more.
A facility the construction or installation of which began
prior to the effective date of these regulations.
A system of interconnected tanks, pipes, pumps, vaults, fixed
containers and appurtenant structures, singly or in any combination,
which are used or designed to be used for the storage, transmission
or dispensing of oil or petroleum liquids, including any monitoring
devices.
A tract of land containing five acres or more, used in part
or wholly for agricultural purposes, excluding fur ranching, pig farming,
slaughterhouses and fertilizer manufacture. A "farm" may include premises
used for the keeping of livestock and other domestic animals when
permitted by these regulations.
Any material which may pose a present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed and any material which
is defined as hazardous within the meaning of any federal, state or
local law, regulation or ordinance, including but not limited to chemicals
which are subject to reporting requirements under Title III of the
Super Fund Amendments and Reauthorization Act of 1986 (SARA).
Any waste material which may pose a present or potential
hazard to human health or the environment when improperly treated,
stored, transported or disposed of or otherwise managed, including
hazardous waste identified in accordance with RCRA (Resource Conservation
Recovery Act).
The time period within which a failure is not expected to
occur as determined in accordance with the Regulations of Connecticut
State Agencies, as amended by adding Section 22a-449(d)-1.
Any chemical liquid, including but not limited to oil and
petroleum liquids.
Included in a list published by a testing laboratory which:
Is approved by the Commissioner of Environmental
Protection in consultation with the Bureau of the State Fire Marshal;
Maintains periodic inspection of production
of listed equipment or materials; and
States in its listing either that the equipment,
material or procedure meets appropriate standards or has been tested
and found suitable for use in a specified manner.
A facility the construction or installation of which begins
on or after the effective date of these regulations, including but
not limited to facilities which replace existing facilities and facilities
which are moved from one location to another.
National Fire Protection Association Publication Number 30,
entitled "Flammable and Combustible Liquids Code," as enforced by
the State Fire Marshal pursuant to Section 29-320 of the Connecticut
General Statutes, as amended.
Oil or petroleum of any kind normally in liquid form, including
but not limited to waste oils and distillation products such as fuel
oil, kerosene, naphtha, gasoline and benzene.
The person, entity, corporation or municipality in possession of or having legal ownership of a facility (but shall not include private residences which are regulated under Article I of this chapter, Residential Buildings of Three Living Units or Fewer.
Under these regulations is considered to mean a well supplying
one to 20 homes which are in close proximity to the well but may not
be in the aquifer area as defined in these regulations.
Any house, apartment, trailer, mobile home or other structure
occupied by individuals as a dwelling.
When referring to a facility or facility component, means
that 10% or more of the volumetric capacity of the facility or component
is below the surface of the ground and that portion which is below
the surface of the ground is not fully visible for inspection.
An artificial excavation or opening in the ground by which
groundwater can be obtained or through which it flows under natural
pressure or is artificially withdrawn.
[1]
Editor's Note: The Zoning Regulations are
on file in the town offices.
A.
Registration. All property owners shall register with
the town all propane tanks over 100 pounds in capacity and all petroleum
liquid storage tanks or the absence of such tanks on forms provided
by the Town by September 1, 1992.
B.
The provisions of Subsection B(1) through (3) that follow shall apply only to underground containment tanks which are located in the Aquifer Protection Zone or in an area served by private wells.
(1)
New tanks under 2,100 gallons.
(a)
All new underground hazardous material and petroleum liquid storage tanks and replacement tanks of less than 2,100 gallons not currently covered by Connecticut Department of Environmental Protection Regulations (hereinafter "CTDEP") or United States Environmental Protection Agency Regulations (hereinafter "USEPA") or Article I of this chapter, Residential Buildings of Three Living Units or Fewer, shall conform to the following minimum standards:
[1]
Be a Connecticut Department of Environmental
Protection - accepted listed steel tank externally coated with a factory-applied
corrosion-resistant coating approved by the manufacturer for the proposed
use and equipped with cathodic protection and permanent cathodic protection
monitoring devices and contact plates under all fill and gauge openings.
[2]
Be a Connecticut Department of Environmental
Protection - accepted listed fiberglass-reinforced plastic (FRP) tank
which is equipped with contact plates under all fill and gauge openings
and is chemically compatible with the contained oil or petroleum liquid
as determined by the tank or container manufacturer's warranty.
[3]
Be a Connecticut Department of Environmental
Protection - accepted listed steel-fiberglass-reinforced plastic composite
tank.
(b)
To prevent spilling and overfilling associated
with product transfer to the underground storage tank, spill prevention
equipment shall be installed that will prevent release of the product
to the environment when the transfer hose is detached from the fill
pipe (for example, a spill catchment basin).
(c)
The installation of such tank, facilities and
systems shall be done strictly in accordance with the manufacturer's
specifications and include appropriate protection for all pipe connections
and piping. The Building Official may require a failure-determination
test before the tank is covered.
(2)
Other new tanks.
(a)
All other new underground tanks, facilities,
piping and their components not currently covered by CTDEP Regulations
shall:
[1]
Be protected against corrosion by use of noncorrosive
materials or steel components with factory-applied, corrosion-resistant
coating and cathodic protection and permanent cathodic protection
monitoring devices;
[2]
Be designed, constructed and installed so as
to allow failure determination of all underground piping without the
need for substantial excavation; and
[3]
Be chemically compatible with the contained
material as determined by the manufacturer's warranty and current
approved CTDEP standards.
(b)
To prevent spilling and overfilling associated
with product transfer to the underground storage tank, spill prevention
equipment shall be installed that will prevent release of the product
to the environment when the transfer hose is detached from the fill
pipe (for example, a spill catchment basin).
(c)
The installation of such tank, facilities and
systems shall be done strictly in accordance with the manufacturer's
specifications and include appropriate protection for all pipe connections
and piping. The Building Official may require a failure-determination
test before the tank is covered.
(3)
Replacement of existing tanks.
(a)
After June 25, 1992, all existing underground
petroleum liquid tanks of a capacity less than 2,100 gallons which
are not CTDEP-accepted listed fiberglass or cathodically protected
shall be removed or abandoned according to applicable building and
fire codes and in accordance with NFPA 30 and Schedule I hereof,[1] as the same may be amended from time to time, per the
following schedule:
[1]
Fiberglass or cathodically protected steel tanks
located in a designated Aquifer Protection Zone or in an area served
by private well water shall be removed or abandoned prior to expiration
of the manufacturer's corrosion warranty period.
[2]
If an underground steel tank is located in the
designated Aquifer Protection Zone or in an area served by private
well water and is at least 20 years old or older on the effective
date, the tank and its associated piping shall be removed or abandoned
within two years after the effective date or by October 1, 1994, whichever
is later.
[3]
If an underground steel tank is located in the
designated Aquifer Protection Zone or in an area served by private
well water and is at least 15 years old but less than 20 years old
on the effective date, the tank and its associated piping shall be
removed or abandoned within three years after the effective date or
by October 1, 1995, whichever is later.
[4]
If an underground steel tank is located in a
designated Aquifer Protection Zone or in an area served by private
well water and is less than 15 years old, the tank and its associated
piping shall be removed or abandoned not later than 18 years from
the date of installation.
[5]
All underground tanks will be assumed to be
a minimum of 20 years old on the effective date unless information
is provided to the Building Inspector by the owner of the tank to
prove the actual date of installation.
[6]
An owner of a tank which is not fiberglass or cathodically protected that has a guaranteed life span longer than 18 years may apply for a waiver of the requirements of § 139-11B(3) pursuant to § 139-12 of this Article. Supporting documentation establishing the longer guaranteed life span shall be submitted with the registration form required by § 139-11.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(b)
Liquid propane containment tanks are exempt
from the replacement schedule under this section.
(4)
If a tank is found to be leaking, the owner shall
immediately notify the CTDEP and shall remove the tank according to
CTDEP requirements. When tanks are removed, contaminated soil shall
be remediated according to CTDEP procedures.
C.
Other requirements.
(1)
In the affected areas, within three years of the effective
date of this Article, a containment berm/dike with an impervious base
surrounding the tank shall be constructed if there is an:
(2)
Said containment dikes shall conform to a Guide for
Construction of Secondary Oil Containment Structures dated November
1991, as the same may be amended from time to time, and available
from the Building Department. For outside storage, the tank and dike
shall be protected from rainwater accumulation by a permanent roof
or approved equivalent installation.
(3)
No such tank shall be used, or continue to be used,
after October 1, 1994, unless the owner shall have complied with the
Building Department's permit, installation and inspection procedure
to ensure that the completed berm/dike conforms to the aforesaid requirements.
(4)
Exterior liquid propane containment tanks are exempt
from the requirements of this section.
(5)
All new and replacement petroleum liquid storage tanks
shall be registered with and have an installation permit from the
Building Department of the Town of Simsbury. The tank shall be installed
according to manufacturer's specifications and include appropriate
protection for all pipe connections and piping and shall conform to
the requirements of this Article. Installation shall be in conformance
with the National Fire Protection Association (NFPA) 30 and 31, 1987
Edition, as the same may be amended from time to time.
A.
Any tank owner may apply to the Board of Selectmen for a waiver of the provisions of this Article if a tank has a longer guaranteed life span than is assumed in § 139-11B(3)(a)[1] through [5]. The owner shall submit supporting documentation from the manufacturer establishing the longer guaranteed life span.
B.
The waiver application shall be on a form prescribed
by the Board and contain information as to why the tank is not a threat
to the environment.
C.
The waiver application shall be reviewed by the Conservation
Commission prior to a decision by the Board of Selectmen.
D.
Waivers shall be limited to a time that reflects the
tank's guaranteed life span and the potential for release of its contents.
E.
If a property owner has two or more underground petroleum
liquid tanks which need to be removed, the owner may apply to the
Board of Selectmen for permission to schedule the removal over a longer
time frame. Such time frame shall be reviewed by the Conservation
Commission prior to a decision by the Board of Selectmen. This removal
schedule shall not apply to tanks which are leaking.
A.
The Building Official is designated as the enforcement
official. This official shall have the responsibility to monitor procedures
and equipment relating to propane tanks and petroleum liquid storage
tanks and shall coordinate monitoring and enforcement procedures with
the Fire Marshal. All applicable state and federal building and fire
codes shall be complied with.
B.
Property owners are required to register all tanks
or the absence of a tank with the Building Official on forms provided
by the town.
C.
If any property owner fails to submit the required
completed form by the appropriate date, a certified letter shall be
sent to the property owner indicating that the property owner may
be in violation of this Article and requesting that the form be returned
to the town within 30 days. If the form is not received within that
time, a fine of $50 a day may be imposed, not to exceed $3,000.
D.
A letter will be sent to each property owner to advise
the owner that certain provisions must be completed within a designated
time frame. If the provisions are not met in the appropriate time
frame, a certified letter shall be sent to the property owner(s) indicating
to them that they are in violation of this Article. If the work is
not completed within 60 days, a fine of $90 a day may be imposed,
not to exceed a total of $5,000.
E.
Each day of violation of Subsections C, D and E shall constitute a separate offense. With respect to Subsections D and E, if upon the expiration of such number of days of noncompliance as would authorize the imposition of the maximum cumulative total of fines under each subsection the property owner has not complied with the relevant subsection by removing or containing the tank, as the case may be, the Building Official may, in addition to seeking imposition of said fine, pursue such other civil and criminal remedies as may from time to time be available to him to effect such removal or containment.
In no event shall the town's regulation of petroleum
liquid storage tanks pursuant to this Article constitute a recommendation,
approval, endorsement or warranty of a petroleum liquid storage tank.
The town shall not thereby be deemed to have acquired any special
expertise with respect to any of the foregoing nor to have acquired
or incurred any special duty, liability or standard of care concerning
any of the foregoing. Accordingly, the town shall not be responsible
for or liable to any person or entity for any injury to person, property
or the environment caused directly or indirectly by the leaking of
a petroleum liquid storage tank or by anything else claimed to have
been caused or facilitated by the acts or omissions of the town in
regulating petroleum liquid storage tanks or undertaking to do so.