[HISTORY: Adopted by the Town Meeting of
the Town of Killingworth 8-21-1989. Amendments noted where applicable.]
The purpose of this chapter is to regulate all
underground storage tanks that hold fuel oil and chemicals and which
are currently excluded from regulations of the State Department of
Environmental Protection.
As used in this chapter, the following terms
shall have the meaning indicated:
Oil or petroleum-based liquids used for heating purposes.
Any material defined by federal regulations, 40 CFR, Part
261, Subpart C, generally, having the characteristics of one or more
of the following: ignitibility, corrosivity, reactivity or toxicity,
but not including a hazardous waste currently regulated by the Connecticut
Department of Environmental Protection.
Approved by the Commissioner of Environmental Protection,
in accordance with § 22a-449(d)-1 of the Regulations of
Connecticut State Agencies.
Underground storage of less than 2,100 gallons of fuel oil
at nonresidential locations.
Any pipe intended to regularly hold or convey fuel oil or
hazardous materials.
Underground storage of fuel oil at any residential building,
regardless of volume stored.
Any facility or component of a facility that has 10% or more
of its capacity below the surface of the ground and not readily visible
for inspection.
All underground containers used for residential fuel oil
storage and nonresidential fuel oil storage as well as those for storing
hazardous materials.
Owners of all existing underground tanks shall
register these tanks with the Town Sanitarian or designated agent
on forms provided by the Sanitarian or designated agent. Information
to be provided shall include but not be limited to address of tank
location; approximate location of tank in relation to nearby building(s);
approximate date of installation; type of material tank consists of
and approximate volume; diameter and length of all buried piping;
copy of manufacturer's warranty, if available; type of material tank
contains; and such other information as may be required. This registration
shall be completed within nine months after the effective date of
this chapter.
No underground tank shall be installed at any
facility, such as a home or business, after the effective date of
this chapter unless the installation complies with the following requirements:
A.
Permit. A permit to install an underground tank must
be completed by the applicant and approved by the Town Sanitarian
or designated agent prior to the initiation of any work. Such permit
shall contain the tank's street address, location on the property,
and the type of tank, as well as other information deemed appropriate
by the Town Sanitarian or designated agent.
B.
Tank type. All new underground tanks must be a listed,
double-walled steel or single-walled fiberglass-reinforced plastic
tank. Steel tanks must be cathodically protected for a minimum of
30 years and equipped with permanent cathodic protection monitoring
devices and be externally coated with a factory-applied coating designed
to retard corrosion in underground locations. Fiberglass-reinforced
plastic tanks must be chemically compatible with the material to be
contained, as determined by the tank manufacturer.
C.
Installation. Installation of underground tanks and
all related components shall conform to NFPA 30, as amended, and the
manufacturer's installation specifications, whichever imposes the
most stringent requirements. Within 30 days after completion of installation,
but prior to use of the tank, the owner of the tank must submit a
statement to the Town Sanitarian or designated agent, signed by the
tank installer, certifying that the installation has been carried
out in accordance with the provisions of this section.
D.
Piping. All piping must be installed by a plumber
licensed in the state and shall be sleaved in at least four-inch diameter
Schedule 40 plastic conduit meeting the requirements of ASTM D-1785,
or equivalent, with appropriate tight joints. This sleeving shall
be provided at all points where the supply or return piping is underground,
as well as through the foundation wall, and if this piping is to be
buried in or below a concrete floor. All piping and the tank shall
hold an air pressure of five pounds per square inch gauge (psig) for
at least 10 minutes after backfilling but prior to use. A statement
certifying the successful completion of this air test must be signed
by the plumber and submitted to the Town Sanitarian or designated
agent within 30 days of such test but prior to use of such piping.
E.
Inspection. As further assurance that installations
are performed in accordance with applicable requirements, as detailed
above, an inspection of all installations must be made by the Town
Sanitarian or designated agent. Such official must be notified at
least 24 hours prior to such an installation.
The life expectancy of all fiberglass-reinforced
plastic underground tanks installed after the effective date of this
chapter shall be that indicated in the manufacturer's corrosion warranty.
The life expectancy for all cathodically-protected underground tanks
installed after the effective date of this chapter shall be that indicated
in the tank manufacturer's corrosion warranty.
A.
Extended life expectancy. This life expectancy can be extended for up to five additional years beyond this life expectancy if no leaks have been detected previously and no leaks are detected in this extended life expectancy, as detailed in § 425-6.
B.
Leaks. If the underground tank or piping is determined
to have a leak at any time, use of the tank shall be immediately discontinued,
the tank shall be emptied and the Town Sanitarian or designated agent
notified within two business days. The Town Sanitarian or designated
agent, in consultation with the Department of Environmental Protection,
shall have the right to require that reasonable efforts be taken to
recover lost products and remove and properly dispose of contaminated
materials, such as soil. If only the piping is leaking, it may be
replaced or repaired, as necessary, in general conformance with the
requirements for piping in § 428-4, New installations. If
the underground tank leaks before the life expectancy has been reached,
or in the extended life expectancy, it shall be substantially emptied
and removed or abandoned in accordance with NFPA 30. This removal
or abandonment must be done within 90 days of the detection of a leak.
C.
Abandonment/removal. After the life expectancy, or
the extended life expectancy, has been reached, the tank shall be
substantially emptied and removed or abandoned in accordance with
NFPA 30. This removal or abandonment must be achieved within six months
after reaching the life expectancy or extended life expectancy, whichever
is applicable.
Upon the effective date of this chapter, all
underground tanks shall be monitored by the tank owner for excessive,
unanticipated product loss on a regular basis. This monitoring shall
consist of the following minimum procedures or an equivalent method
approved by the Town Sanitarian or designated agent. Records shall
be kept of average product use per degree-day for each heating fuel
tank. If this ratio shows an increase or decrease of greater than
10% in any single monitoring period, further investigation shall be
initiated to determine the cause. Such further investigation may include
but not be limited to review of product use at location of underground
tank, visual inspection of tank components, or the use of more sophisticated
leak detection methods.
A.
If this further investigation fails to identify the
cause of the product loss, the Town Sanitarian or designated agent
shall be notified within two business days. The Town Sanitarian or
designated agent shall exercise general oversight in the determination
and investigation of any apparent leaks at this stage. The Sanitarian
or designated agent shall have the right to require precision hydrostatic
testing and/or partial or entire excavation of the tank and related
components, if necessary.
B.
The monitoring records and any supporting documentation
of product use shall be submitted to the Town Sanitarian or designated
agent upon request.
Any person aggrieved by a decision of the Town
Sanitarian or designated agent in relation to the provisions of this
chapter may appeal to the Water Pollution Control Authority. The Authority
shall schedule a public hearing, after proper notice, to investigate
into the facts and may vacate, modify or affirm the decision of the
Town Sanitarian or designated agent. Any such action by the Water
Pollution Control Authority shall be recorded on the permit and/or
registration form for such underground tank.
[Amended 6-11-2008]
Any person who violates any provision of this
chapter shall be subject to a fine of not more than $250 per day,
or portion thereof, during which a violation is maintained.
