[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 total capacity of 660 gallons or less used
for storing heating oil for consumptive purposes, provided that such
tank or tanks are not buried underground; or a tank or tanks with
a combined total capacity of 660 gallons or less associated with a
generator or generators whether said generator(s) are used for heating
or other, e.g., electrical, purposes, provided that such tank or tanks
is/are not buried underground.
[Amended 3-22-2021 by Ord. No. 35028]
(b)
A tank or tanks with a combined total capacity of 500 gallons or
less used for storing propane for consumptive purposes where stored,
provided that such tank or tanks are not buried underground; or a
tank or tanks with a combined total capacity of 2,000 gallons or less
used for storing propane for consumptive purposes where stored, provided
that an individual tank containing more than 500 gallons shall be
buried underground.
[Amended 3-22-2021 by Ord. No. 35028]
(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 propane, 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 183 days.
[Amended 3-22-2021 by Ord. No. 35028]
(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:
(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:
[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.
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(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:
(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.
