[HISTORY: Adopted by the Board of Health
of the Town of Groton 11-28-1983, as amended through 12-3-2007. Subsequent amendments noted where applicable.]
A.
The purpose of these regulations is to:
(1)
Protect public safety and protect against groundwater
contamination, water supply and wetlands contamination and pollution
due to leakage from underground storage tanks containing fuel, fuel
oil, diesel fuel, gasoline and liquid chemicals or toxic solutions.
(2)
Provide guidelines which coincide with state regulations
for storage of flammable substances.
B.
All soil testing must be performed by a Massachusetts
Professional Soil Evaluator at the owner's expense. The data must
be submitted to the Board of Health and Fire Chief.
These regulations shall apply to the storage
of fuel, fuel oil, diesel fuel, gasoline and liquid and/or solids/gas
chemicals or solutions in any underground and/or aboveground storage
tank and to the installation of any new or replacement underground
and/or aboveground storage tank.
The following is the sequence to be followed
by individuals wishing to install and use underground storage tanks:
A.
Apply for an installation and storage permit from
the Fire Department.
B.
Demonstrate to the Chief of the Fire Department that
the tank has been properly installed.
C.
Maintain accurate inventory records of tank maintenance
according to Massachusetts Board of Fire Prevention Regulations (527
CMR 9.00).
[Amended 10-1-2018 ATM
by Art. 14]
If the amount of product exceeds acceptable
legal limits of the Board of Fire Prevention Regulations, 527 CMR
14.03, a license must be obtained from the Select Board prior to a
permit being obtained. The following section provides a detailed description
of the installation and storage permits.
A.
Installation permit. After January 1, 1984, no underground
storage tank for the purpose of storing fuel, fuel oil, diesel fuel,
gasoline and/or other hazardous materials shall be installed by any
individual, corporation or other legal entity within the boundaries
of the Town of Groton, without an installation permit issued jointly
by the Board of Health and the Chief of the Fire Department. Such
installation is permitted only upon satisfactory completion of the
following requirements:
(1)
All new tanks must be designed, built in compliance
with and installed according to the Board of Fire Prevention Regulations
(527 CMR 9.00). Piping, pumping systems and testing must also comply
with these regulations.
(2)
A sketch map, showing the proposed location and depth
and how the 527 CMR 9.00 regulations will be met, must be submitted
to the Board of Health and the Fire Chief for approval.
(3)
A minimum distance of four feet from the bottom of
the underground tank to bedrock must be maintained. Propane and natural
gas are exempt.
(4)
A minimum distance of four feet between the bottom
of the underground storage tank and the minimum groundwater elevation
is required. Propane and natural gas are exempt.
(5)
A minimum setback of 10 feet from all property boundaries
is required.
(6)
The storage of petroleum products or hazardous materials
underground or above ground within 100 feet of wetland resource areas
or within 200 feet of rivers or perennial streams is prohibited, to
be consistent with the Conservation Commission.
(7)
A minimum distance of 100 feet from any well and a
minimum distance of 2,000 feet from a public water supply is required.
Propane and/or natural gas tanks shall be exempt from the offset requirement.
(8)
The underground storage tank shall rest on compacted
coarse sand with a minimum depth of six inches above the natural subsoil.
All backfill material shall also be coarse sand.
(9)
The Board of Health and the Fire Chief may require
vaulting in the event that these regulations would not provide adequate
protection, in the opinion of the Board of Health and the Chief, against
contamination or pollution of the groundwater or water supply.
(10)
Upon completion of the installation of the underground
storage tank, submission of a certified as-built sketch location plan,
indicating the location of the tank with reference to property boundaries
and structures and containing all elevations with these regulations,
must be filed with the Board of Health and the Fire Chief.
(a)
As-built certificate: a written statement by
the installer that certifies that the tank was installed in accordance
with these regulations, including depth and lot lines.
(11)
Upon verification of satisfactory completion of the
application process, an installation permit shall be valid for a period
of two years from the date of issue.
B.
Storage permit.
(1)
No fuel, fuel oil, diesel fuel or gasoline shall be placed in any underground storage tank by an individual, corporation or other legal entity without a storage permit issued jointly by the Board of Health and the Fire Chief. The initial storage permit is valid until the tank is 10 years old. Owners must then reapply for a new storage permit, which will be valid for additional five-year renewal periods. Application for the issuance of a storage permit or its renewal shall be in writing. At 15 years, a tightness test must be done by a certified professional. Propane and/or natural gas tanks shall be exempt from Subsection B(1).
(2)
A storage permit shall be issued for a newly installed
underground storage tank upon completion of the requirements listed
above for the installation permit. A storage permit is nontransferable.
In the event that an underground storage tank is sold or transfers
ownership of property, it would need to be inspected.
(3)
A storage permit shall be issued for an existing underground
storage tank at such time as the owner submits the following information:
size, type, age and location of tank, fuel or chemical stored therein,
evidence of date of purchase and installation and a sketch map showing
the location of each tank. Such information shall be submitted with
an application for a storage permit. In the event that information
as to the date of purchase or installation is not available, the Board
of Health and the Fire Chief may order the tank to be tested as described
below prior to the issuance of a storage permit.
C.
If a license is required, a certification of registration
may be applied for at the Select Board, which has licensing authority
according to the state. Certificates must be renewed annually for
as long as the underground storage tank is in use.
No underground storage tank for the purpose
of storing liquid chemicals or solutions shall be installed nor shall
any liquid chemicals or solutions be placed in an underground storage
tank by an individual, corporation or other legal entity except by
installation and storage permits authorized by the Board of Health
and the Fire Chief. Liquid, and/or solid/gas chemicals and solutions
are defined as any petroleum product or distillate which is not fuel,
fuel oil, diesel fuel, gasoline or other hazardous materials. Such
installation or storage must comply with all requirements listed above
and with any other conditions deemed necessary by the Board of Health
and Fire Chief to protect the groundwater and water supply.
While it would cause undue hardship to require
that owners of existing underground tanks comply with all the above
regulations for installation of new tanks, it is nevertheless imperative
to verify that existing tanks are safe and pose no hazard to subsurface
and surface water supply. Therefore, the following regulations apply
to all existing underground storage tanks in Groton:
A.
Any tank discovered must be permitted with the Groton
Fire Department and the Groton Board of Health, and the owner shall
file the size, type, age and a sketch map showing the location of
each tank and the type of fuel or chemical stored within one month
after September 1, 1983. Evidence of date of purchase and installation,
including the original Fire Department permit, shall be filed.
B.
Owners, or their agents, of existing tanks for which
evidence of installation date is not available shall, at the order
of the Groton Fire Department and Board of Health, have such tanks
tested or uncovered for inspection. If, in the opinion of the Chief
of the Fire Department and the Board of Health, the tank is not product-safe,
it shall be removed at the owner's expense.
C.
If the existing tanks are deemed product-tight and
present no potential leakage hazard to the groundwater supply, the
Chief of the Fire Department and the Board of Health will jointly
issue a storage permit to the tank owner.
D.
As with new tank installations, owners of existing
tanks, except residential, who receive a storage permit must submit
yearly statements to the Chief of the Fire Department and Board of
Health, showing that inventory records have been maintained and reconciled,
as required by the Massachusetts Board of Fire Prevention Regulations.
The following regulations apply to new as well
as existing underground storage tanks:
A.
Any spill or loss of fuel or chemicals shall be reported
by the owner to the Fire Chief and Board of Health immediately.
B.
All leaking tanks shall be emptied by the owner at
his/her expense within 12 hours of leak detection and shall be removed
within a period of no more than 30 days as determined by the Fire
Chief and the Board of Health.
C.
The owner of the underground storage tank shall be
responsible for any cleanup, removal or repair.
D.
An abandoned tank must be removed within a period
of time, no more than 30 days or as required by the state.
E.
Underground testing and replacement:
(1)
All tanks 15 years of age or older, up to the 20th year, shall be Kent-Moore tested within two months of enactment of these regulations and every five years thereafter. Any tank which fails the above test must be removed immediately. Certification of testing shall be submitted to the Groton Fire Department and Board of Health. Other testing systems may be used in place of the Kent-Moore test only if they provide equivalent safety and effectiveness in the opinion of the Fire Chief and the Board of Health. Testing is at the owner's expense. Propane and/or natural gas tanks shall be exempt from Subsection E(1).
(2)
If flammable fluids or their vapors have been detected
in neighboring structures, sewers or wells on or off property locations,
the Fire Chief and the Board of Health may require that any nearby
tank, including underground residential tanks, be tested at the expense
of the owner.
(3)
A tank, with the exception of propane and/or natural
gas, on reaching 20 years old, shall be tested every five years. Tanks
can only be relined by Massachusetts certified process if tests prove
that there are no leaks.
The Board of Health and Fire Chief may vary
the application of any provision of this regulation, unless otherwise
required by law, in any case when, in their opinion, the applicant
has demonstrated that an equivalent degree of environmental protection
as required under this regulation will still be achieved. The applicant,
at his own expense, must notify all abutters by certified mail at
least 10 days before the Board of Health meeting at which the variance
request will be considered. The notification shall state the variance
sought and the reasons therefor. Any variance granted by the Board
of Health shall be in writing. Any denial of a variance shall also
be in writing and shall contain a brief statement of the reasons for
the denial.
The provisions of these regulations shall be
administered by the Fire Department and the Groton Board of Health.
