[HISTORY: Adopted by the Board of Health of the Township of Delaware 6-7-1999 by Ord. No. 1999-09BH. Amendments noted where applicable.]
This chapter shall include all new or existing underground storage tank(s) located at a residential property or use located within the Township of Delaware, with a combined storage capacity in excess of 200 gallons and less than 2,001 gallons that contain fuel oil for on-site consumption. Underground storage tanks within the purview of the New Jersey Underground Storage of Hazardous Substances Act, N.J.S.A. 58:10A-21 et seq., its implementing regulations, N.J.A.C. 7:14B et seq., or any other state or federal legislation or regulation, are specifically exempt from this chapter.
A. 
No unprotected (bare) steel underground fuel oil storage tank, nor its appurtenant piping, shall be installed. Any underground storage tank and piping system designed and installed for the on-site consumption of fuel oil shall be equipped with corrosion, spill and overfill protection measures prior to its first use. This provision shall apply to the installation of a fuel oil tank at new construction or replacement of an existing underground fuel oil storage tank at a residential property or use.
B. 
Options for corrosion protection include cathodically protected steel or noncorrosive materials, jacketing with a noncorrodible material, placing in a noncorrosive environment, or internal lining with or without corrosion.
C. 
Options for meeting spill prevention requirements are limited to catchment basins or spill buckets, the type or capacity of which is not being specified. Any alternative method for meeting this requirement shall be approved by one of the following entities: the United States Environmental Protection Agency (USEPA), the New Jersey Department of Environmental Protection (NJDEP), the American Petroleum Institute (API), the American Society for Testing and Materials (ASTM) or the National Fire Protection Agency (NFPA).
D. 
Options for meeting overfill prevention include an automatic shutoff device (completely stop filling at 95% of tank capacity or before fittings on top of tank are exposed to product), restrictive flow device, or a high-level alarm device (completely stop filling at 90% of tank capacity or one minute of being overfilled) that alerts the transfer operator that the tank is nearing capacity.
E. 
No construction or building permit shall be issued by Delaware Township for the installation of a new underground storage tank not able to meet the standards as set forth in this chapter.
A. 
In the event of a discharge from an underground storage tank, the owner or occupant of the land upon which said tank is located shall immediately remove all of the liquid in said tank and shall cease to operate said tank until the tank and appurtenant piping is either replaced or repaired to correct the discharge. Management of a spill is governed by the New Jersey Spill Act and the applicable NJDEP regulations identified at N.J.A.C. 7:26E.
B. 
Any tank which must be repaired due to leakage shall not be put into operation until testing verifies no further leakage. Proof that said tank is no longer leaking must be certified to Delaware Township Board of Health.
A. 
Underground tanks permanently taken out of service shall be safeguarded or disposed of in a safe manner. Such tanks may be permanently removed from service by excavation and disposal or filled with sand, concrete or similar inert material.
B. 
Any closed or abandoned tank and appurtenant piping shall be completely drained of their contents and a report setting forth tank size, pipe length, location, date of closure, method used for placing tank in a safe condition, whether evidence of a discharge was observed and the name of the person responsible for the closure shall be submitted to the Delaware Township Board of Health or the Hunterdon County Health Department within 10 days of the date of closure.
C. 
Tanks which were not known to exist (abandoned) shall, immediately upon their discovery, either be removed from their location or filled as detailed above.
Any person violating the provisions of this chapter shall be subject to a fine not less than $500. Each day of violation shall be deemed a separate violation and shall be punishable as such.