City of Waltham, MA
Middlesex County
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Table of Contents
Table of Contents
[Ord. No. 25115, 5-10-1982; Ord. No. 26863, 2-26-1990]
The City Council shall issue licenses for the keeping, storage, use, manufacture, sale, handling transportation or other disposition of explosives and other materials as set forth in General Laws, Chapter 148, Section 9. Such licenses shall be issued in accordance with the provisions of Section 13 of said Chapter 148.
No license shall be exercised in conjunction with the storing and selling of petroleum, unless the premises, upon which the license is to be exercised, is equipped with facilities for the dispensing of compressed air and for the washing of windshields during the regular hours of business.
Every license granted by the City Council for the keeping, storage, manufacture or sale of gasoline, fuel oil or other flammable products, under the provisions of Section 13 of Chapter 148 of the general laws, shall contain a provision, which shall be printed on the license and which shall be a condition of the license, that, if the land described in the license ceases to be used for the purposes enumerated in such Section 13 for a period of time in excess of 24 consecutive months, the City Council may revoke such license after a public hearing and proper notice to the licensee as required by law.
The requirements of this section shall not apply to the following: [Amended 6-25-2012 by Ord. No. 31753]
(a) 
A tank or tanks with a combined capacity of 660 gallons or less used for storing heating oil for consumptive purposes where stored, provided that such tank is not buried underground.
(b) 
A tank or tanks with a combined capacity of 500 gallons or less used for storing propane for consumptive purposes where stored, provided that such tank is not buried underground.
(c) 
Small quantities of inflammable and/or explosive materials and/or compounds used for scientific, research, medical or manufacturing purposes, provided that the total quantity of all such materials and/or compounds stored on the premises does not exceed five pounds in weight.
(d) 
Small quantities of inflammable and/or explosive fluids used for scientific, research, medical or manufacturing purposes, provided that the total quantity of all such fluids stored on the premises does not exceed two gallons.
(e) 
A tank holding gasoline or diesel fuel connected to a temporary emergency electrical generator when a temporary permit has been issued by the Waltham Fire Department, provided that in no such case shall said storage be for a period exceeding 30 days.
(f) 
Storage of less than 20 gallons of gasoline for consumptive purposes where stored.
[Gen. Ords. 1962, § 9-7; Ord. No. 25659, 3-11-1985]
The fees to be charged for licenses under the provisions of Section 13, Chapter 148 of the General Laws are hereby established as follows:
(1) 
The annual fees to be charged for licenses for the storage of motor vehicles in any building or structure shall be in accordance with the following schedule:
a. 
At least five motor vehicles but not more than 10 motor vehicles, $50;
b. 
Eleven motor vehicles but not more than 20 motor vehicles, $100;
c. 
More than 20 motor vehicles, $200.
(2) 
The annual fees to be charged for licenses for the keeping or storing of hazardous materials, including crude petroleum or any of its products, in any building or structure or in any underground or above ground tank for business or commercial purposes, shall be in accordance with the following schedule:
a. 
Not more than 1,100 gallons, $25;
b. 
One thousand, one hundred one gallons to 5,000 gallons, $50;
c. 
Five thousand one gallons to 10,000 gallons, $75;
d. 
Ten thousand one gallons to 30,000 gallons, $200;
e. 
Thirty thousand one gallons to 100,000 gallons, $500;
f. 
One hundred thousand one gallons to 200,000 gallons, $800;
g. 
Two hundred thousand one gallons and over, $2,000.
(3) 
Initial installation fees to be charged for licenses for keeping or storing hazardous materials, including crude petroleum or any of its products, in any building or structure, or in any underground or above ground tank for private use only and not for business or commercial purposes, shall be in accordance with the following schedule:
a. 
Not more than 500 gallons, $15;
b. 
More than 500 gallons, $25.
[1]
Editor's Note: Former § 8-107 was repealed in its entirety by Ord. No. 25666, adopted March 25, 1985. Such former section pertained to registration of certificates and derived from Code 1962, § 9-8.
[Ord. No. 23170, § 1, 4-24-1972]
(a) 
No gasoline station shall open earlier than 6:00 a.m. and close later than 10:00 p.m.
(b) 
Upon written petition to the City Council by the owner or operator of a gasoline station, a permit may be granted allowing exceptions to the application of the hours imposed and established by this section.
(c) 
The City Council may grant a permit to the applicant allowing exceptions to the hours imposed by Subsection (a), only after submission of evidence establishing the fact that all sales between the hours of 10:00 p.m. and 6:00 a.m. shall be for exact change or credit card purchases and that a suitable safe shall be provided for the keeping of all monies and such other safety measures as the council may deem expedient.
(d) 
A special permit may be renewed yearly by the City Council so long as there is compliance with this section.
(e) 
Stations granted permits, as a condition of said permit, must post notice that exact change transactions and credit card transactions are in effect at such hours in a permanent and convenient location on the premises.
(f) 
The City Council as herein provided, may affix penalties for breaches thereof, not exceeding $20 for each offense.
[Ord. No. 25658, 3-11-1985; Ord. No. 26152, 3-23-1987]
(a) 
Authority. This section is adopted by the City of Waltham under its home rule powers, its police powers to protect the public health and welfare. Further reference is made to Massachusetts General Laws Chapter 40, Section 21; Chapter 148, Sections 9 and 13 and Chapter 21C and to the various rules, regulations and codes thereunder promulgated.
(b) 
Purpose. The purpose of this section is to control the installation and maintenance of underground and above ground tanks used for storage of hazardous materials, including petroleum products, which have more than 1,100 gallons capacity, and to protect, preserve and maintain the existing and potential ground water supply, ground water recharge areas, and surface water within the City from contamination due to leakage of any such materials being stored. The provisions of this section shall be applicable to underground and above ground tanks, and be applicable insofar as they are not in contradiction with any superseding General Laws, provided, however, that the provisions of this section shall not apply to any heating oil tank which is connected to a heating system and used for heating purposes only and which is located indoors and entirely above the level of the floor on which it rests. It is also the intent of this section to supplement recognized existing regulations and recommended practices, such as those of the Massachusetts Board of Fire Prevention Regulations, National Fire Prevention Association, and the American Petroleum Institute.
(c) 
Definitions. The following definitions shall apply to the interpretation and implementation of this section:
(1) 
TANK — Any structure used, or designed to be used, for the system of storage or containment of any hazardous material, including petroleum products with a capacity in excess of 1,100 gallons but excluding any heating oil tank which is connected to a heating system and used for heating purposes only and which is located indoors and entirely above the level of the floor on which it rests.
(2) 
UNDERGROUND TANK — Any tank the top of which is located at least 12 inches below ground level.
(3) 
ABOVE GROUND TANK — Any tank that does not meet the definition of "underground tank."
(4) 
STORAGE SYSTEM — One or more tanks, at a particular site, together with appurtenant piping, pumps, other related storage, conveyancing and dispensing elements, and any cathodic protection or monitoring system for the prevention or early detection of leaks.
(5) 
NEWS — Installed subsequent to the effective date of this section.
(6) 
EXISTING — Installed prior to the effective date of this section.
(7) 
OPERATOR — The lessee or person(s) in control of and having responsibility for the daily operation of a storage system or tank.
(8) 
OWNER — The person(s) or government entity having legal ownership of a tank or storage system or the land upon which such tank or storage system is located.
(9) 
FIRE CHIEF — The chief of the Waltham Fire Department.
(10) 
LOCAL LICENSING AUTHORITY — The Waltham City Council.
(11) 
ONE-HUNDRED-YEAR FLOODPLAIN — Those areas as shown in the flood insurance rate maps for Waltham under the Federal Emergency Management Agency's National Flood Insurance Program or as defined in the zoning ordinance of the City.
(12) 
UL-LISTED — Included in a current list or report of approved equipment materials or methods published by Underwriters Laboratory.
(13) 
HAZARDOUS MATERIALS — Shall be defined as any substance on the Hazardous Materials Substance List promulgated by the Massachusetts Department of Public Health 105 CMR, including but not limited to a product or waste, or combination of substances which because of quantity, concentration, or physical, or chemical or infectious characteristics poses in the board of health's judgment, a substantial present or potential hazard to the human health, safety or welfare, or the environment when properly treated, stored, transported, used or disposed of, or otherwise managed. Any substance deemed a hazardous waste in Massachusetts General Laws, Chapter 21C shall also be deemed a hazardous material for the purposes of this section.
(14) 
DISCHARGE — The disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
(d) 
Licensing of new tanks.
(1) 
No tank shall be installed until a proper license has been authorized by the local licensing authority. After the effective date of this section, no tank shall be licensed for installation within the one-hundred-year floodplain.
(2) 
Applications for licenses to install new tanks shall be obtained from the City Clerk. Such applications shall include the following minimum information:
a. 
Name, address and telephone number (day and night) of the owner.
b. 
Name, address and telephone number (day and night) of the operator.
c. 
The capacity and contents of the tank.
d. 
The type of tank construction.
e. 
Applicant's statement certifying whether the proposed tank location is, or is not, within any one-hundred-year floodplain boundaries.
(3) 
The applicant shall also submit five copies of a dimensioned plan showing the proposed location of each tank on the site, and of any buildings, surface water or underground wells on the site.
(4) 
The City Clerk shall furnish copies of the application and accompanying plan to the fire chief, health director, building inspector and conservation commission and such persons and such commission shall, within 30 days of the receipt of the copies of the application, send a written communication to the licensing authority indicating their recommendation, for either approval or denial, together with the reasons for such recommendation and any additional comments which they consider relevant.
(5) 
After the effective date of this section, if the local licensing authority, in reviewing any application for an initial license required under Massachusetts General Laws, Chapter 148, Section 13, as amended, or under Chapter 21C, determines that the proposed tank constitutes a danger to a public water supply, whether by reason of its proximity to a public well or to any public reservoir or to any zone of contribution of such well or reservoir, or otherwise, the local licensing authority may deny the license or may grant it subject to conditions which the authority determines are necessary to protect such water supply. The conditions may include such requirements as, for example, a double-walled tank, or concrete vaulting, or other secondary containment system, a monitoring system, more frequent testing, and continuing independent analysis of daily inventory records. Prior to making its decision under this subsection, the local licensing authority shall request and obtain the recommendation of the fire chief, the building inspector, the board of health, and the conservation commission and of any other board or official when the authority deems it necessary.
(6) 
The owner of any new tank licensed under paragraph (d)(2) must apply to the local licensing authority for a renewal of such license at five-year intervals up to the thirtieth year after such date, and annually thereafter. Any renewal application shall be accompanied by:
a. 
A certified copy of the results of any testing for tightness performed under the provisions of paragraph (i) since the license was most recently issued or renewed; and
b. 
A certified copy of the most recent audit and verification of the daily inventory control records required under paragraph (h).
Any renewal application, with required supporting documents, must be filed at least 30 days before the five-year or other interval expires.
(7) 
The holder of any license issued under the provisions of Massachusetts General Laws, Chapter 148, Section 13, as amended, shall, at the time of filing with the City Clerk the annual certificate of registration for that license, pay to the City an annual registration fee as provided Section 8-106 of this Code. Failure to pay the fee shall constitute a violation and shall subject the violator to the penalties of paragraph (1)(3) of this section.
(e) 
Registration of existing tanks.
(1) 
This section shall be applicable to the owner of any tank, as defined herein, which was installed prior to the effective date of this section, if:
a. 
No such license or permit was in fact obtained for that tank; or
b. 
The owner is unable to furnish a copy of such license or permit and of the current certificate of registration.
(2) 
Any such owner shall register the tank with the City Clerk, within 90 days of the effective date of this section. Registration shall be on a form obtained from the fire chief and shall include the following information:
a. 
Name, address and telephone numbers (day and night) of the owner.
b. 
Name, address and telephone numbers (day and night) of the operator.
c. 
The capacity and contents of the tank.
d. 
The type of tank construction.
e. 
The date of installation of the tank.
f. 
A description of any previous leaks, including all information available on dates, causes, estimated amounts, any cleanup measures taken, and any steps taken to prevent future leaks.
(3) 
The owner shall also furnish written evidence of the approximate installation date of the tank.
(4) 
The owner shall also furnish a dimensioned plan showing the location of each tank on the site, and of any buildings, well, or surface water on the site.
(5) 
The City Clerk shall furnish the fire chief with a copy of the registration form. The fire chief shall check the information on this form against fire department records for any errors, inconsistencies or incomplete information.
(6) 
If an owner fails to register a tank as required by this section, the fire chief shall order the owner to register and may require that the tank be tested immediately, at the owner's expense, in accordance with the provisions of paragraph (i). Upon failing to register within 10 days after notification by the fire chief, the owner shall be subject to a penalty under paragraph (l).
(f) 
Design and construction.
(1) 
All new underground tanks shall be designed and constructed to provide maximum protection against corrosion and leakage. Except as provided in paragraph (f)(6), only the following tank construction systems shall be permitted:
a. 
UL-listed fiberglass reinforced plastic (FRP) tanks, using materials compatible with the product to be stored therein.
b. 
UL-listed steel tanks provided with a cathodic protection, a coal-tar epoxy or urethane coating and electrical isolation, and equipped with a test box to measure electrical potential.
c. 
Steel tanks with bonded fiberglass coating, compatible inner corrosion-resistant lining and electrical isolation, the integrity of the outer coating to be guaranteed by the manufacturer.
d. 
Double-walled steel tanks with bonded fiberglass coating, electrical isolation, a vacuum or air pressure in the interstitial space and provision for continuous monitoring of the vacuum or air pressure.
e. 
Any other double containment type of tank construction approved by the fire chief.
(2) 
All new underground tanks, except for tanks used for the storage of petroleum products for heating purposes, shall be equipped with metallic or nonmetallic striker plates, at least 24 inches by 24inches in area, at least one-quarter inch thick, and attached to the bottom of the tank, under each fill and gauge opening.
(3) 
All new piping of an underground storage system shall:
a. 
Be protected against corrosion by use of noncorrosive materials or by use of cathodic protection and electrical isolation; and
b. 
Be designed, constructed and installed so as to allow testing for tightness and replacement without the need for disturbing elements on a storage system other than the elements that are to be tested or replaced.
(4) 
All cathodic protection systems shall be tested semiannually by a qualified person and shall have at all times a negative voltage of at least 0.85 volts, as measured by a test box, between the structure being protected and a saturated copper-copper sulfate reference electrode contacting the soil electrolyte. This measurement shall be made with sacrificial anodes attached or, if empressed current be used, with the rectifier turned on.
(5) 
All pumping systems for new underground tanks used to store hazardous materials, including gasoline and petroleum products, shall be equipped with emergency shut-off valves, all submersible pumping systems shall be equipped with delivery line leak defectors. The shut-off valves and leak detectors shall be tested by a qualified person upon installation and annually thereafter.
(6) 
If the owner of a proposed new underground tank, through the soil-testing services of a qualified professional, satisfied the local licensing authority that the soil in which the proposed tank is to be installed is noncorrosive, the authority may grant the license if the proposed tank meets the state design requirements of 527 CMR 9.04(5), as amended.
(7) 
All new above ground tanks shall be designed and constructed in conformance with all state requirements under 527 CMR 9.01 et seq., as amended, or in conformance with Massachusetts General Laws, Chapter 21C.
(g) 
Installation.
(1) 
No new tank shall be installed unless the owner has given at least one week's notice of its installation to the fire chief; and no new underground tank shall be buried or concealed until it has been inspected, tested for tightness under paragraph (i) and approved by the fire chief or the fire chief's designee.
(2) 
No new tank shall be installed except by a contractor who has been either licensed by the Commonwealth of Massachusetts for that purpose or certified in writing by the manufacturer as qualified for that purpose. The contractor shall, prior to any installation, submit to the fire chief a copy of such license or certificate.
(3) 
New tanks shall be installed in accordance with the manufacturer's instructions and in compliance with Massachusetts General Laws, Chapter 21C and with the provisions of 527 CMR 9.01 et seq., as amended; provided that the backfill material for any FRP underground tank shall be pea gravel or crushed stone and that the backfill material under all other underground tanks shall be clean, noncorrosive sand, free of cinders, stones and any other foreign material, and rodded into place and tamped by hand.
(4) 
Any damage to the exterior of a new underground tank shall be repaired before the tank is covered. The fire chief or fire chief's designee shall make note of the repaired damage on the fire department records for that tank.
(5) 
Every new underground tank and its piping shall be tested for tightness, at the owner's expense, prior to being covered, in accordance with the provisions of paragraph (i).
(h) 
Inventory control.
(1) 
The provisions of this section shall not apply to any tank connected with a heating system and used for the storage of petroleum products for heating purposes.
(2) 
Except as provided in paragraph (h)(1), the operator of every new and existing underground tank shall prepare, reconcile and maintain daily inventory control records for each such tank for the purpose of prevention and early detection of leaks. The preparation, reconciliation and maintenance of such records shall be done in accordance with the provisions of Massachusetts General Laws, Chapter 21C, and 527 CMR 5.05(3), as amended, with the following additions and modifications.
a. 
An abnormal loss of product shall mean a loss, for any tank, exceeding 0.5 percent of the volume of the petroleum product dispensed by the operator. This calculation shall be made for each calendar month by comparing the cumulative net loss of product, if any, over that period, derived from the daily reconciliation of required inventory measurements, with the total volume dispensed during that period.
b. 
An abnormal gain of water shall be a gain in the water level inside the tank of more than 0.5 inches in a twenty-four-hour period, during which no product has been added.
(3) 
In the event of any apparent abnormal loss of petroleum product or abnormal gain of water, the operator shall immediately notify the owner and the fire chief.
(4) 
Representatives of the fire department and state public health and safety officials shall, at all reasonable times and upon reasonable notice, have access to all records required by this section and by all applicable provisions of Massachusetts General Laws, Chapter 21C.
(5) 
The operator and owner shall be responsible at least once a year for having the daily inventory records kept under this section audited and verified by some independent and qualified person, approved by the fire chief, and shall submit a certified copy as soon as available, to the fire chief, who shall keep the copy with the records of that tank.
(i) 
Testing for tightness.
(1) 
The provisions of this section shall not apply to any tank connected with a heating system and used for storage of petroleum products for heating purposes.
(2) 
In the event of an apparent abnormal loss of product, the owner shall, at the owner's expense, have the steps taken which are outlined in 527 CMR 5.05 (3)(e), as amended.
(3) 
In the event of an apparent abnormal gain of water, the owner shall, at the owner's expense, have the water removed from the tank by a licensed contractor and disposed of in a manner approved by the Department of Environmental Quality Engineering (DEQE), and then have the water level checked again 24 hours later during which time no product shall be added. If there is again an abnormal gain of water, the owner shall have the steps taken which are outlined in 527 CMR 5.05(3)(e), as amended.
(4) 
If any of the testing specified in 527 CMR 5.05(3)(e), as amended, discloses a leak, the owner shall comply immediately with the requirements of paragraph (j) and the fire chief may direct the owner, at the owner's expense, to have all other tank and piping on the premises tested in the same manner.
(5) 
The owner of every existing underground storage system, which does not satisfy the design requirements of paragraphs (f)(1) to (f)(5) shall, at the discretion of the fire chief have each tank and its piping tested, at the owner's expense.
(6) 
If no evidence of the date of installation of an existing underground tank has been supplied at the time it is registered under the provisions of paragraph (e) the owner shall, at the owner's expense, have the tank and its piping tested annually, or at the discretion of the fire chief.
(7) 
The owner of every new underground storage system and the owner of every existing underground system which satisfied the design requirements of paragraphs (f)(1) to (f)(5) shall have each tank and its piping tested, at the owner's expense, during the twentieth year after the date of installation and, at the discretion of the fire chief, at two-year intervals thereafter.
(8) 
The fire chief may require the owner of any under ground tank to have it and its piping tested, at the owner's expense, when any daily inventory records required under paragraph (h) have not been properly maintained, or when monthly calculations of apparent loss of product have not been made, or when annual verification and certification requirements have not been followed.
(9) 
If flammable fluids or their vapors have been detected in structures, sewers or wells in a particular area, the fire chief may require the owner of any underground tank in the area to have the tank and its piping tested, at the owner's expense.
(10) 
Tanks and their piping shall be tested by the Kent-Moore (Health Petro-Tite) test, the Leak Lokator test, or by any other test, accurate to 0.05 gallons per hour or less, which is approved by the fire chief. All tests shall be administered by qualified persons approved by the fire chief, and any such person shall notify the fire chief prior to administering a test.
(11) 
The owner shall, within one week of their receipt, supply to the fire chief a certified copy of all test results for a tank and its piping, which the fire chief shall keep with the records for that tank.
(j) 
Response to leaks.
(1) 
The operator of any storage facility shall immediately notify the fire chief and the Office of Incident Response (OIR) or DEQE of any leak or spill, whether determined by testing or otherwise, and shall within 72 hours cause any tank which is suspected, or the piping of which is suspected, of being responsible for a leak to be:
a. 
Emptied of all its hazardous material or petroleum products; or
b. 
Otherwise controlled by accepted industry standards; provided that if the responsible tank or piping cannot be determined, the operator shall within 72 hours cause the entire storage system to be emptied of all its product contents.
(2) 
When any leak or spill is reported, the fire chief shall immediately notify OIR-DEQE. Until the arrival of a representative of OIR-DEQE, the fire chief shall take charge of all emergency procedures for containment; and if a particular underground tank or storage system has been identified as the source of a leak, shall make sure that the tank or storage system has been emptied of all its product.
(3) 
The fire chief shall cooperate with OIR-DEQE in all efforts to identify the source of a leak, to contain any leak or spill, and to restore the environment, including any groundwater or surface water which may have been contaminated by the leak or spill.
(4) 
The fire chief shall determine whether any tank or its piping which has been identified as the source of a leak shall be removed and replaced or may be repaired, and shall notify the owner of the decision; provided that:
a. 
A leaking underground tank which has been installed for 20 years or more and which does not satisfy the design requirements of paragraph (f)(1) shall be removed and may not be repaired, unless approved by the fire chief and upon filing of a certificate of compliance and warranty of such repair.
b. 
Any underground tank which is repaired must be tested for tightness at the expiration of the warranty and thereafter as required by this section.
c. 
If an underground steel tank, which has developed a corrosion-induced leak is to be removed and replaced, all steel tanks which are parts of the same storage system, whether they are leaking or not, shall, at the discretion of the Fire Chief, be removed and replaced with tanks which meet the requirements of paragraph (f)(1).
(5) 
Any repair of a tank or replacement or repair of piping or other components of a storage system shall be performed by qualified technicians, following directions recommended by the American Petroleum Institute where applicable, or by manufacturers of tanks used for specific hazardous materials.
(6) 
If the Fire Chief determines that a tank and its components shall be removed, the owner shall first obtain a permit from the Fire Chief, pursuant to Massachusetts General Laws, Chapter 14, Section 38A, as amended. Any removal shall be completed within 90 days after the Fire Chief has notified the owner of his/her decision.
(7) 
The owner shall be responsible for all costs of reclaiming, recovering and properly disposing of any product that has leaked or spilled and for all costs of restoring the environment, including any groundwater or surface water which has been contaminated, to a condition and quality acceptable to DEQE and to the Waltham Board of Health.
(k) 
Tanks taken out of service. No new or existing underground tank may be abandoned in place. The owner shall notify the local licensing authority and the Fire Chief whenever a tank has been taken out of service for a period in excess of seven days and shall follow the directions of the Fire Chief under the provisions of 527 CMR 10.12(2), as amended.
(l) 
Enforcement.
(1) 
The provisions of this section shall be administered by the Fire Chief and by the local licensing authority.
(2) 
The Fire Chief or the Fire Chief's designee may, at all reasonable times, and upon reasonable notice to the owner, enter any premises, public or private, for the purpose of investigating, sampling, or inspecting any record, condition, equipment, practice or property relating to activities subject to this section, and may at any time enter such premises for the purpose of protecting the public health or safety, or to prevent damage to the environment.
(3) 
A violation of any provision of this section shall be punishable by a fine of not more than $100. Each day during which such violation continues shall constitute a separate offense. This section may be enforced pursuant to Massachusetts General Laws, Chapter 40, Section 21D, as amended, by a local police officer or any other officer having police powers. The Fire Chief or the City Council shall direct the City solicitor to take such legal action as they may consider necessary to enforce the provisions of this section.
(4) 
In the event of any violation of this section by the owner or operator of a storage system, the local licensing authority, instead of or in addition to any action being taken under paragraph (1)(3) may revoke or suspend the owner's license. Before revoking or suspending an owner's license, the local licensing authority shall hold a public hearing on the proposed action; shall give the owner at least 10 days' notice of the hearing by certified mail; and shall make its decision in writing, with a brief statement of the reasons for its decision.
(m) 
Modifications. The local licensing authority may vary the application of any provision of this section, unless otherwise required by law, when, in its opinion, the applicant for the variance has demonstrated that an equivalent degree of protection will still be provided to public water supplies. The applicant must at his/her own expense notify all owners of property abutting or opposite the site of the storage system for which a variance is being applied at least seven days prior to the public hearing at which the variance request will be considered. The notice shall be in writing and shall state the variance being sought and the reasons therefor. Any grant or denial of a variance shall be in writing and shall include a brief statement of the reasons for the decision.
(n) 
Special local requirements.
(1) 
All storage systems of hazardous materials, whether above ground or below ground, with a storage capacity in excess of 100,000 gallons shall have a competent, responsible person in attendance at all times 24 hours a day, seven days a week.
(2) 
All gasoline stations, regardless of storage capacity, shall have at least one qualified attendant, for the purpose of monitoring gasoline dispensation, on duty during all hours of operation of the dispensing of petroleum products. Where there is only one attendant on duty, this attendant shall not sell any products, other than petroleum products and cigarettes, while gasoline is being dispensed. Service stations deliveries shall be by trained, responsible driver.
(3) 
All self-service gasoline stations shall have two approved extinguishing systems, one overhead and one lower sweep type. These systems shall each have their own supply of extinguishing agent.
(4) 
Extinguishing systems for all hazardous materials facilities shall be approved by the state fire marshal and the Fire Chief. Such systems shall be tested semiannually by an independent testing company with a copy of results forwarded to the Fire Chief.
(5) 
All hazardous materials storage facilities shall have automatic extinguishing systems at all locations where product is transferred into trucks for distribution and it shall be automatically connected to the City fire department system.
(6) 
All spray sprinklers shall be automatic and activated by approved flame detectors. These flame detectors shall be inspected and cleaned monthly.
(7) 
A competent responsible person as used in this section shall mean one who has a good knowledge of the storage system, including the pumping station, alarm system and extinguishing systems.
(8) 
These requirements paragraphs (n)(1) to (n)(7) are to be applicable to and in addition to any manually or automated extinguishing systems now in operation.
(o) 
Effective date. Paragraph (n)(1) shall take effect 90 days after passage by the City Council and the other sections and subsections shall take effect upon passage by the City Council.