[HISTORY: Adopted by the Board of Health of the Town of Yarmouth 3-5-1984. Amendments noted where applicable.]
These regulations are promulgated by the Yarmouth Board of Health, Town of Yarmouth, Massachusetts, pursuant to authority established under the provisions of MGL c. 111, § 31.
The purpose of these regulations is to protect the ground- and surface waters of the Town of Yarmouth from direct or potential contamination by toxic and/or hazardous materials, which contamination could result from the improper storage or handling of such materials or from leaking subsurface storage tanks, underground feeder lines and pipe connections.
The provisions of these regulations shall be applicable to owners or operators of toxic and hazardous material subsurface storage tank systems which are located within the Town of Yarmouth and as further defined under procedures below.
As used in this chapter, the following terms shall have the meanings indicated:
- Any lessee, person(s) or corporation(s) in control of and/or having responsibility for the daily operation of a facility for the storage and/or dispensing of flammable and combustible liquids or chemical substances.
- Any person(s), corporation(s) or trust(s) who or which owns, as real property, the subsurface tank storage system(s) used for the storage and dispensing of flammable and combustible liquids or chemical substances.
- STORAGE TANKS
- Includes, but is not limited to, subsurface storage tanks, connector pipes, drums, barrels and similar containers.
- TOXIC OR HAZARDOUS MATERIALS
- Any substance, solution or mixture thereof which, because of its quality, concentration, physical, chemical or infectious characteristics, may present a potential hazard to human health when introduced into a drinking water supply, except sanitary wastewater from hygiene and food preparation for residents, employees and patrons. This includes, but is not limited to, the list of hazardous substances found in 40 CFR 116, the list of toxic substances found in Section 307 of the Federal Clean Water Act of 1977, chemical constituents specified in Tables C and D of the Drinking Water Regulations of Massachusetts in concentrations greater than drinking water limits, acids and alkalines beyond the pH range of 5.5 through 8.5, heavy metal wastes and solutions, petroleum products, including fuels and waste oils, organic solvents and any solid material which, if exposed to water, will partially dissolve, forming a toxic or hazardous liquid. Also included are any substances, items, solutions or mixtures which have been determined to be toxic or hazardous materials by any federal, state or local agency, bureau or board and any other substances, items, solutions or mixtures which have been adjudicated by any court to be toxic or hazardous materials.
Editor's Note: For the Clean Water Act, see 33 U.S.C. § 1251 et seq.
Commercial. Owners or operators of commercial subsurface toxic and/or hazardous materials storage tanks shall:
File with the Yarmouth Board of Health not later than 90 days following the effective date of these regulations evidence of such storage facilities, indicating size (capacity) of tank(s), type of tank(s), age and location of tank(s) and type of material(s) stored.
Maintain a daily (workday) inventory of toxic or hazardous materials storage, to include date and amount of bulk receipts and a current record of reconciliation between receipts and dispensing, and make such records available to agent(s) of the Yarmouth Board of Health upon demand.
Arrange for a Petro-tite test or equivalent safety and effectiveness test approved by the Fire Department or Board of Health of the Town on all subsurface storage tanks and feeder lines having an age of 15 years or more and each year thereafter. A copy of the certificate of test results will be filed with the Yarmouth Board of Health and the Office of Licenses and Permits within 24 hours from receipt of test results. All testing shall be at the expense of owner(s) or operator(s).
Within two hours following the discovery or knowledge of leak detections in subsurface storage tanks containing toxic or hazardous materials, simultaneously report such information and circumstances as may be known to the Chief of the Yarmouth Fire Department or his designee, Superintendent of the Yarmouth Water Department and the Yarmouth Board of Health. Initial reports shall contain, as a minimum, information as to type and estimated amount of material believed to have leaked.
Upon order of the Yarmouth Board of Health and under the direction of the Chief of the Yarmouth Fire Department or his designee, arrange for the prompt emptying of materials remaining in the defective tank.
If, in the judgment of the agent of the Board of Health or Chief of the Yarmouth Fire Department, subsurface storage tanks containing toxic or hazardous materials for which evidence of installation date is not available, upon the order of the Board of Health, undergo appropriate test procedures or be exposed for inspection and/or testing. If the storage tank is considered to be not product-tight or indicates extensive deterioration, the storage tank shall be emptied and removed or made inoperative within 24 hours from the time of such order.
Owners or operators of residential subsurface fuel (heating fuel, diesel fuel, gasoline, kerosene, etc.) storage tanks shall:
Within two hours following the discovery of any significant increase in fuel usage, file a report of such circumstances with the Board of Health and the Chief of the Yarmouth Fire Department or his designee.
Upon evidence or determination by the agent of the Board of Health that a subsurface fuel storage tank is considered to be not product-tight, arrange for the prompt emptying of remaining fuel in the defective subsurface tank(s), and thereafter the tank(s) shall be removed or made inoperative; the emptying and/or removal of subsurface fuel storage tanks shall be accomplished only under the direction of the Chief of the Yarmouth Fire Department or his designee.
Commercial suppliers of fuels to residential subsurface fuel storage tanks who believe greater than normal fuel usage is occurring or become aware by visual evidence that a defective subsurface fuel storage tank exists shall report such facts and circumstances without delay to the Chief of the Yarmouth Fire Department and the Board of Health.
Plans and specifications for storage tanks, commercial or residential, intended to store toxic and/or hazardous materials, whether an original or replacement installation, and where said tank shall be in excess of 1,000 gallons, or where an additional tank at the site where previous tanks existed shall constitute a total capacity on the site of an excess of 1,000 gallons, then, in either of these two events, shall be required to be submitted to the Board of Health. Plans and specifications of said storage facility and its appurtenant parts shall be submitted in five copies, with the application for installation of the storage tank, and said plans and specifications shall be drawn and certified by a registered professional engineer who has been trained in the discipline of civil, mechanical or sanitary engineering. After said installation is made of any tank over 1,000 gallons or of any additional tank where the total of the tanks on the site is in excess of 1,000 gallons, the Board of Health may require that the installation of said tank be certified to the Board of Health by a registered professional engineer, who has been trained in the discipline of civil, mechanical or sanitary engineering, that said installation was installed properly and correctly and/or in compliance with the installation plans.
The installation of subsurface storage tanks, commercial or residential, intended to store toxic and/or hazardous materials, whether an original or replacement installation, shall be installed as provided by Massachusetts Fire Prevention Regulations CMR No. 527 and the manufacturer's specifications and under the direction of the Chief of the Yarmouth Fire Department or his designee. Storage tanks shall be of approved design and protected from corrosive actions. The following type tank construction systems are considered to provide adequate corrosion-resistant protection:
All fiberglass construction;
Internally lined with noncorrosive steel with bonded fiberglass or enamel outer coating;
Internally lined steel with Steel Tank Institute three-way protection system; and
Any other type system as may be shown to the satisfaction of the Chief of the Yarmouth Fire Department or his designee to provide equivalent protection.
No new installation of subsurface fuel storage tanks shall be installed within a two-thousand-five-hundred-foot radius of a public water supply well.
The Board of Health may require the installation of one or more groundwater observation wells at any new or existing site where fuel, gasoline or other chemicals are stored underground within 2,500 feet of a public or private water supply well. Water samples from such observation wells may be required by the Board of Health and shall be analyzed at the expense of the owner(s) or operator(s).
Subsurface fuel storage tanks which may be installed on the effective date of these regulations shall comply with all applicable provisions of these regulations.
Request(s) for variances from the provisions of these regulations will be submitted in writing to the Yarmouth Board of Health, setting forth the facts and circumstances in support of such request.
Failure to comply with any or all of the provisions of these regulations or upon established evidence of violations hereof could result in a fine, running for the duration of the violation or noncompliance, in an amount not to exceed $200 per day. Each day on which the violation continues shall constitute a separate offense.
If any section, paragraph, sentence, clause, phrase or word of the regulations herein shall be judged invalid for any reason whatsoever, that decision shall not affect any other portion of the regulations herein which shall remain in full force and effect, and to this end the provisions of the regulations herein are hereby declared severable.
The Yarmouth Board of Health reserves the right to adopt additional regulations, as deemed necessary, or restrict or delete any of the herein mentioned regulations in the best interests of the Town of Yarmouth.