[HISTORY: Adopted by the Town Meeting of the Town of Lynnfield 10-15-1979 ATM (Ch. 5, § 22, of the Bylaws). Amendments noted where applicable.]
The requirements of this bylaw shall be in addition to and not in substitution for the requirements of regulations concerning this subject matter of the Board of Selectmen, the Lynnfield Fire Department and the Fire Prevention Regulations of the Commonwealth of Massachusetts, as the same may be amended from time to time.
A. 
All fuel oil and diesel fuel underground storage tanks installed prior to the effective date of this bylaw must be equipped with an appropriate inspection port or access in or within 120 days of said effective date. Such equipping shall be done at the expense of the owner or one in control of the premises in which the tank is located and must be done in a good and workinglike manner and pass an inspection to be performed by the Fire Department to determine that the port affords proper access for inspection.
B. 
All fuel oil and diesel fuel underground storage tanks which have been installed for more than 10 years shall be inspected annually for leaks and structural integrity by a person or firm with appropriate qualifications approved by the Fire Department; such inspection shall be completely reported to the Fire Department. The landowner or the person in control of the premises shall bear the expense of such inspection and report. The method of inspection shall be approved in advance by the Fire Department and shall follow accepted engineering practice.
C. 
Any tank found to be leaking shall be repaired in a manner which restores its structural integrity and which is in conformity with accepted engineering practice and all applicable local and state law. In the alternative, or if said repairs are unsuccessful, the tank shall be immediately removed or emptied, filled with an inert material, sealed and rendered inoperative.
When the daily inventory check required by state and/or local law reveals that there is a leak or a probability of a leak or loss of structural integrity of the tank, a "Kent-Moore Test" or a test recognized by accepted engineering practice as its equivalent or better must be scheduled in cooperation with the Fire Department within 24 hours and performed at the earliest possible time, not to exceed 10 days. Until the satisfactory completion of the test, no gasoline shall be added to the tank except for the purposes of the test. In the event the tank fails to satisfactorily pass the test, it shall be immediately emptied and removed.
All gasoline underground steel storage tanks must be removed immediately after the 20th yearly anniversary of their installation.
The invalidity of any section or provision of this Chapter 209 shall not invalidate or otherwise affect any other section or provision hereof.
A. 
From and after March 1, 1994, any person who owns, leases, or otherwise controls any parcel of land wherein an underground storage tank, including a buried fuel oil storage tank, or container has been installed shall register such tank or container with the Fire Chief. This requirement shall only apply to tanks which are exempt from the registration requirements of 527 CMR 9. Any change in the information on the registration form must be reported within 30 days of the change. As part of the registration process, such person shall furnish to the Fire Chief the following information on the tank or container: size, type of construction, type of fuel or hazardous material being stored, location on the premises (including a sketch map), address and location of property, and evidence of age. The evidence of tank or container age must be deemed sufficient by the Fire Chief to establish the date of installation of said tank or container. If sufficient evidence is not provided to establish the installation date or the tank was installed 20 years prior to the effective date of this bylaw or the tank is not registered as provided herein, then the tank must be immediately tested at the owner's expense. The Fire Chief must provide prior approval of the testing method to be used.
B. 
All owners of underground storage systems registered with the Fire Department under this bylaw must affix a tag to the fill pipe of the tank. Such tags will be provided by the Fire Department. Tags must be placed in such a location on the fill pipe of the tank as to be visible to any inspector authorized by the Town, or by an oil dealer. If, on making a delivery, a fuel dealer finds an underground tank without a tag, the dealer is required to provide the tank owner with a notice of the owner's obligation to register the tank with the Fire Department. Such notices will be provided by the Fire Department.