[HISTORY: Adopted by the Town Meeting of
the Town of Walpole as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Article IX of the 1973 General
Bylaws, as updated through 2002]
The filing fee for licenses and certificates
of registration as required by MGL c. 148, § 13, shall be
as follows:
A.
(1)
A Storage tank, for the purpose of this bylaw, is
defined as a stationary containment structure, either above or below
ground, for the purpose of holding flammable and/or toxic materials.
(2)
Storage tanks requiring a license under MGL c. 148,
§ 13, shall be located in the Town of Walpole only with
the approval of the Fire Chief, the Board of Health and the Board
of Sewer and Water Commissioners.
(3)
All other storage tanks shall require a permit from
the Fire Chief.
B.
Prior to construction or installation of any tank,
requiring a license under MGL c. 148, § 13, application
shall be made to the Fire Chief, who shall forthwith transmit a copy
of same to the Board of Health and the Board of Sewer and Water Commissioners
for their approval. The Fire Chief, the Board of Health and the Sewer
and Water Commission shall take action within 30 days of said filing,
for storage tanks of up to 10,000 gallons capacity. For each additional
10,000 gallons or fraction thereof the above period shall be increased
by seven days.
C.
The Fire Chief shall approve the application if it
meets with the provisions of the Board of Fire Prevention Regulations
[527 Code of Massachusetts Regulations (CMR)] as well as National
Fire Prevention Association standards 30 and 58 and the Uniform Fire
Code, Volume 1.
D.
The Board of Health shall approve if the application:
E.
The Board of Sewer and Water Commissioners shall approve
if the application will not endanger any public water supply or the
public sewer system.
F.
The Fire Chief, The Board of Health, and The Board
of Sewer and Water Commissioners shall not approve any storage tank
for materials prohibited under the provisions of Section 12 of the
Walpole Zoning Bylaws if the proposed storage tank will be located
within the Water Resource Protection Overlay District as defined in
Section 12 of the Walpole Zoning Bylaws, unless the storage tank complies
with the requirements of Section 12 of the Walpole Zoning Bylaws.
G.
Nothing in this section shall in any way limit the
Fire Chief from enforcing the provisions of Chapter 527 of the Code
of Massachusetts Regulations (527 CMR).
For the purpose of this regulation, the penalty
for any violation shall be a fine of not more than $200. Each day
that such violation continues shall constitute a separate offense.
The Fire Chief, the Health Agent, and the Agent of the Sewer and Water
Commissioners shall each enforce this article.
[Amended 10-21-2019 FATM, Art. 20]
The fee for the installation of a tank requiring
a permit from the Chief of the Fire Department shall be set by the
Select Board.