[HISTORY: Adopted by the Board of Trustees
of the Village of Waterloo 5-14-1984 by L.L. No. 1-1984 as Ch. 67
of the 1984 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 119.
This chapter shall be known and may be cited
as the "Village of Waterloo Underground Storage Tanks Law."
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the following meanings:
Any container holding or containing or capable of holding
or containing any dangerous article which has been or is unused for
a period of 60 days.
Any material or mixture having in the container either an
absolute pressure exceeding 40 pounds per square inch at 70º
F. or an absolute pressure exceeding 104 pounds per square inch at
130º F., or both, or any liquid flammable material having a Reid
vapor pressure exceeding 40 pounds per square inch absolute at 100º
F.
Any tank, cylinder, barrel or other object of every kind
or nature capable of holding or containing dangerous articles.
Those acids, alkaline caustic liquids and other corrosive
liquids which, when in contact with living tissue, will cause severe
damage of such tissue by chemical action or, in case of leakage, will
materially damage or destroy other substance by chemical action or
are liable to cause fire when in contact with organic matter or with
certain chemicals.
Any inflammable liquids, flammable solids, oxidizing materials,
corrosive liquids, compressed gases, poisonous substances and radioactive
materials as herein defined.
Any liquid which has a flash point of 200º F. or less,
as determined by a tagliabue or equivalent closed-cup test device.
Any substance which is solid that is liable to cause fires
through friction, through absorption of moisture, through spontaneous
chemical changes or as a result of retained heat from the manufacturing
or processing.
Any substance, such as a chlorate, permanganate, peroxide
or a nitrate, that yields oxygen readily to stimulate the combustion
of organic matter.
Liquids and gases of such nature that a very small amount
of the gas or vapor of the liquid mixed with air is dangerous to life
or such liquid or solid substances which, upon contact with fire or
when exposed to air, give off dangerous or intensely irritating fumes
or substances which are chiefly dangerous by external contact with
the body or by being taken internally.
Any material or combination of materials that spontaneously
emits ionizing radiation.
It shall be unlawful for any person to place,
deposit or store beneath the surface of the earth any dangerous article
without permission, in writing, from the Fire Chief of the Village
and under such conditions as said Fire Chief may impose for the protection
of the safety and health of the residents of the Village.
A.
Methods. Underground containers taken out of service
shall be safeguarded or disposed of as follows. They shall be:
B.
Records. In cases where containers are either rendered
temporarily out of service or permanently abandoned, records shall
be kept by the owner of container size, location, date of abandonment
and method used for placing the abandoned container in a safe condition.
No cutting torch or other flame- or spark-producing equipment shall
be used until the container has been completely purged or otherwise
rendered safe. In each case, the steps given will be carried out successively.
Wherever applicable, with containers rendered
temporarily out of service:
A.
When containers are removed, all inflammable liquids,
flammable solids, oxidizing materials, corrosive liquids, compressed
gases, poisonous substances and radioactive materials shall be removed
from the container and connecting lines.
B.
Wherever applicable:
(1)
The suction, inlet, gauge and vent lines shall be
disconnected. Suctions of connecting lines which are not to be used
shall be removed. Inlets, outlets and leaks, if any, shall be capped
or plugged.
(2)
After removal, the container shall be gas freed or
otherwise rendered safe, on the premises if it can be done safely
at that location or transported to an area not accessible to the public
and the container gas freed or the container rendered safe at that
location.
If a container is to be disposed of as junk,
it shall be retested for flammable vapors or other harmful substances
and, if necessary, rendered gas free or otherwise safe. After junking
and before releasing to a junk dealer, a sufficient number of holes
or openings shall be made in it to render it unfit for further use.
Used containers which are to be reused for flammable
or combustible liquid service shall meet all the requirements of the
Fire Prevention Code[1] for the installation of underground tanks, and all other
containers shall meet all the usual standards of the trade or industry
for which they are intended to be used.
Abandoned containers of dangerous articles are
deemed to be a nuisance and a menace to the health and safety of the
residents of the Village. In cases of emergency, where the owner of
said container or property shall fail to remove said abandoned container
and said failure would result in probable loss of life or property,
the Fire Chief shall have the power to proceed at once upon the property
wherein any such container may be found and cause the same to be removed.
A.
The actual expense of making such removal, together
with a service charge of 50% thereon to cover costs of administration
and supervision by the Village, shall be charged to the owner of said
container or said property owner.
B.
If such owner shall fail to pay within 10 days after
written notice thereof has been served personally or by certified
mail, the Fire Chief shall file a certificate of the actual expense
incurred together with the service charge to cover costs of administration
and supervision by the Village with the Village Clerk-Treasurer, who
shall cause the same to be reported to the Board of Trustees, which
shall direct the same to be collected and enforced in the same manner,
by the same proceedings, at the same time, under the same penalties
and having the same lien upon the property assessed as the general
Village tax.
A violation of any provision of this chapter
is hereby declared to be a violation and shall be punishable by a
fine not to exceed $250 or imprisonment of not more than 15 days,
or both.
