[HISTORY: Adopted by the Town of Medfield ATM 4-1987 (Art. XII of the 1926 Bylaws). Amendments noted where applicable.]
This Bylaw is adopted by the Town of Medfield under its home
rule powers, its police powers to protect the public health, safety
and welfare, and under powers authorized by MGL c. 40, § 21,
and MGL c. 148, § 9.
The purposes of this Bylaw are, through regulation of the design,
construction, installation, testing and maintenance of underground
hazardous material storage facilities, to protect public health from
the contamination of public and private water supplies due to leakage
from such facilities, to protect the public safety from the dangers
of fire and explosion associated with such leakage, and to protect
the general welfare by preserving limited water supplies for present
and future use.
As used in this Bylaw, the following terms shall have the meanings
indicated:
Being out of service for a continuous period in excess of
six months, in the case of storage facility for which a license from
the local licensing authority is required under the provisions of
MGL c. 148, § 13, as amended, and for a period in excess
of 24 months, in the case of any other storage facility.
A system that inhibits the corrosion of a tank or components
through either the sacrificial anode or the impressed current method
of creating a corrosion-inhibiting electrical current.
Piping, pumps and other related storage, conveyancing and
dispensing elements that, together with one or more tanks and any
cathodic protection or monitoring system, constitute a storage facility.
The date on which the Bylaw is approved by a Town Meeting,
providing the Bylaw thereafter becomes effective under the provisions
of MGL c. 40, § 32, as amended.
Any liquid substance which, because of its quantity, concentration,
or its chemical, corrosive, flammable, reactive, toxic, infectious
or radioactive characteristics, either separately or in combination
with any other substance or substances, constitutes a present or potential
threat to human health, safety, welfare, or to the environment, when
improperly stored, treated, transported, disposed of, used, or otherwise
managed, including, but not limited to, any liquid petroleum product
of any kind, and any combination or mixture that includes any liquid
petroleum product of any kind.
Any uncontrolled movement, measurable by a final or precision
test that can accurately detect a leak of 0.05 gallon per hour or
less, after adjustment for relevant or approved equipment, materials
or methods published by Underwriters Laboratories, Inc.
A full-time approved system installed between the walls of
double-walled tanks or inside a tank or in the vicinity of a tank
such as observation wells, visual or audible alarms or its equivalent;
which, for the purpose of early monitoring systems, shall consist
of in-tank equipment which provides continuous monitoring of any liquid
from the tank of 0.05 gallon per hour or equivalent leakage over a
longer period of time.
A dug or drilled cased well which can be used for detecting
the presence of hazardous materials, which is drilled to a depth intercepting
the water table, and which is installed and maintained in an approved
manner.
The lessee of a storage facility or the person or persons
responsible for the daily operation of a storage facility.
Not in use, in that no filling or withdrawal is occurring.
The person or persons or government entity having legal ownership
of a storage facility.
One or more tanks, at a particular site, together with its
or their components used, or designed to be used, for the underground
storage of hazardous material, and shall include any cathodic protection
or monitoring system used, or designed to be used, for inhibiting
or detecting leaks of hazardous material from any element of the facility.
Any structure any part of which is used, or designed to be
used, for the underground storage of any hazardous material.
Included in a current list or report of approved equipment,
materials or methods published by Underwriters Laboratories, Inc.
Where 10% or more of the tank volume and its piping is below
ground level, but shall not include storage in a freestanding container
within a building.
Any existing or potential source of potable water, including
both groundwater and surface water.
A.
When a storage facility is owned by one person and operated by another
person, both persons shall be considered applicants and both shall
sign the application and the final permit that is issued.
B.
All permit applications and all final permits issued shall be signed
as follows:
(1)
If the applicant is a corporation, by an individual who is responsible corporate officer of the corporation and who is authorized by the corporation, in accordance with proper corporate procedure, to sign such documents on behalf of the corporation. The corporate seal shall be included. As used in this Subsection B(1), the term "responsible corporate officer" shall mean a President, Treasurer or Vice President of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation.
(2)
If the applicant is a partnership, by the general partner.
(3)
If the applicant is a sole proprietorship, by the proprietor.
C.
Construction under any permit granted pursuant to §§ 140-5A, 140-6A and 140-7B shall be commenced within six months after the granting of such permit by the head of the local fire department ("Fire Chief"), and such construction shall proceed diligently to completion. Otherwise, the issued permit shall lapse and a new application, if elsewhere permitted by the terms of this Bylaw, shall be submitted to the Fire Chief.
A.
Subsequent to the effective date of this Bylaw, no storage facility
shall be installed unless the owner shall have first obtained a permit
from the Fire Chief. This permit shall be in addition to any license
or permit required by MGL c. 148, as amended, or by any regulations
issued thereunder. The fee for this permit, payable to the Town of
Medfield, shall be such sum as determined from time to time by the
Fire Chief.
B.
Subsequent to the effective date of the Bylaw, no permit shall be
granted for a storage facility solely used for single- or two-family
residential consumptive use on the premises.
C.
The application for a permit shall be on a form obtained from the
Town Clerk (the completed application shall be submitted in quadruplicate
to the Town Clerk) and shall include the following information and
any other information that the Fire Chief may require, together with
an application fee payable to the Town of Medfield in such sum as
determined from time to time by the Fire Chief:
(1)
Name, address and telephone numbers (day and night) of the owner;
(2)
Name, address and telephone numbers (day and night) of the operator;
(3)
The number of tanks in the proposed facility and the capacity of
and the specific hazardous material to be stored in each proposed
tank;
(4)
The proposed type of construction and material for each tank and
its piping, together with the tank's US serial number, if any,
and a description of any provisions made for cathodic protection,
electrical isolation, and early detection of leaks through a monitoring
system;
(5)
The depth below ground level and the lowest and highest points of
each proposed tank; and
(6)
A statement that the materials of each tank and its piping are guaranteed
by their manufacturers to be compatible with the specific hazardous
material that the applicant proposes to store in such tank.
D.
The applicant shall furnish a certificate, signed by a qualified
engineer, that the proposed facility meets all the design and construction
requirements of this Bylaw and the minimum requirements set forth
in 527 CMR 9.00, as amended.
E.
The applicant shall also furnish a plot plan of the site and the
area surrounding it, showing the location of each proposed tank and
its components and of any building on the site, and showing the approximate
location of any public or private well and of any body of surface
water within 500 feet of the proposed storage facility.
F.
The Town Clerk shall send the completed application to the Fire Chief.
A duplicate completed application shall be sent by the Town Clerk
to the Medfield Board of Health, Water Department and Conservation
Commission with a request for a recommendation of approval, conditional
approval or disapproval within 30 days upon receipt of such request.
In the event that a recommendation from such Town board(s) is not
received within said 30 days, then in such event, the Fire Chief may
assume that such Town board(s) approves of the application.
G.
If the Fire Chief determines that the proposed storage facility constitutes a danger to a public or private water supply, whether by reason of its proximity to a public or private well, aquifer, recharge area, or body of surface water, or for any other reason, the Fire Chief may deny the permit or may grant it subject to conditions which the Fire Chief determines are necessary or desirable to protect such water supply. The conditions may include, but are not limited to, such requirements as, for example, a double-walled tank or other secondary containment system, a monitoring system, testing at more frequent intervals than would otherwise be required under § 140-13, or continuing statistical analysis of daily inventory records. The Fire Chief must deny a permit to any proposed storage facility which is located within any watershed, floodplain, groundwater or aquifer protection district.
H.
Any "person aggrieved" by a determination of the Fire Chief to issue, conditionally issue or deny a permit pursuant to Subsection G may appeal such determination to the Massachusetts Department of Environmental Protection (DEP) or such other appropriate state agency which regulates the underground storage of hazardous materials. For the purposes of this Subsection H, an "aggrieved person" shall be any person as defined by 310 CMR 1.00.
[Amended 4-28-2014 ATM
by Art. 32]
A.
The owner of every storage facility that has been installed prior
to the effective date of this Bylaw shall apply to the Fire Chief,
within six months of the effective date of this Bylaw, for a permit
to maintain the storage facility. The fee for this permit, payable
to the Town of Medfield, shall be such sum as determined from time
to time by the Fire Chief. Application shall be made on a form obtained
from the Town Clerk (and submitted in quadruplicate to the Town Clerk)
and shall include, to the extent available to the owner, the following
information and together with an application fee, payable to the Town
of Medfield, in such sum as determined from time to time by the Fire
Chief:
(1)
Name, address and telephone numbers (day and night) of the owner;
(2)
Name, address and telephone numbers (day and night) of the operator;
(3)
The number of tanks in the facility and the capacity of and the specific
hazardous material stored in each tank;
(4)
The type of construction and material for each tank and its piping,
together with a description of any provisions made for cathodic protection,
electrical isolation, and early detection of leaks through a monitoring
system;
(5)
The depth below ground level of the lowest and highest points of
the tank;
(6)
The date of installation of the tank; and
(7)
A description of any previous leaks, including approximate dates,
causes, estimated amounts, any cleanup measures taken, and any measures
taken to prevent future leaks.
B.
The owner shall also furnish evidence of the date of installation;
such evidence may include, but is not limited to, a copy of any license
issued by the local licensing authority or of any permit issued by
the Fire Chief. If no substantial evidence of installation is supplied,
the tank shall be presumed to have been installed 20 years prior to
the effective date of this Bylaw.
C.
The applicant shall also furnish a plot plan of the site and of the
area surrounding it, showing the approximate location of each tank
and its components and of any building on the site, and showing the
location of any public or private well and of any body of surface
water within 500 feet of the storage facility.
D.
The Town Clerk shall send the completed application to the Fire Chief.
The Town Clerk shall send a duplicate completed application to the
Medfield Board of Health, Water Department and Conservation Commission.
If any such Town board(s) considers that the continuing use of the
existing storage facility constitutes a danger to a public or private
water supply, then within a period of 30 days, such board or boards
may so notify the Town Clerk and Fire Chief of this danger.
E.
If the Fire Chief determines that maintenance of the existing storage
facility constitutes a danger to a public or private water supply,
whether by reason of its proximity to any public or private well,
aquifer, recharge area or body of surface water, or for any other
reason, the Fire Chief may deny the permit and prohibit the supply
of any hazardous material to any tank within such existing storage
facility or may grant a permit subject to such conditions as the Fire
Chief deems necessary or desirable to protect such water supply. The
conditions may include, but are not limited to, such requirements
as, for example, cathodic protection, line leak detectors, a monitoring
system, more frequent testing than would otherwise be required or
continuing statistical analysis of daily inventory records.
F.
Any "person aggrieved" by a determination of the Fire Chief to issue, conditionally issue or deny a permit pursuant to Subsection E may appeal such determination to the DEP or such other appropriated state agency which regulates the underground storage of hazardous materials. For the purpose of this Subsection F, an "aggrieved person" shall be any person as defined by 310 CMR 1.00.
[Amended 4-28-2014 ATM
by Art. 32]
A.
The term "substantial modification" shall mean any change in the
specific hazardous material to be stored in any tank at a storage
facility or the installation of any addition to, or change in, a storage
facility that alters its on-site storage capacity, significantly alters
its physical configuration, or alters its capacity to inhibit or detect
leaks through the use of cathodic protection or a monitoring system
or any similar device.
B.
There shall be no replacement of a tank or of its components or substantial
modification of any storage facility unless the owner has first applied
for and obtained a permit from the Fire Chief. The fee for this permit,
payable to the Town of Medfield, shall be such sum as determined from
time to time by the Fire Chief.
C.
Any application for a permit under Subsection A shall be on a form obtained from the Town Clerk (the completed application shall be submitted in quadruplicate to the Town Clerk) and shall include the information required in § 140-5C, D and E, together with an application fee, payable to the Town of Medfield as determined from time to time by the Fire Chief.
D.
Any application to add cathodic protection to an existing storage
facility using one or more steel tanks shall be accompanied by a design
plan prepared by an engineer licensed by the National Association
of Corrosion Engineers, the plan to include provisions for a test
box to allow measurement of electrical potential and current flow.
E.
The Town Clerk shall send the completed application to the Fire Chief.
The Town Clerk shall send a duplicate completed application to the
Medfield Board of Health, Water Department and Conservation Commission
with a request for a recommendation of approval, conditional approval
or disapproval within 30 days, upon receipt of request. In the event
that a recommendation from such Town board(s) is not received within
said 30 days, then in such event, the Fire Chief may assume that such
Town board(s) approves of the application.
F.
If the Fire Chief determines that the proposed replacement or modification
constitutes a danger to a public or private water supply, whether
by reason of its proximity to any public or private well, aquifer,
recharge area or body of surface water, or for any other reason, the
Fire Chief may deny the application or approve it subject to conditions
that the Fire Chief determines are necessary or desirable to protect
such public or private water supply.
G.
Any "person aggrieved" by a determination of the Fire Chief to issue, conditionally issue or deny a permit pursuant to Subsection F may appeal such determination to the DEP or such other appropriate state agency which regulates the underground storage of hazardous materials. For the purposes of this Subsection G, an "aggrieved person" shall be any person defined by 310 CMR 1.00.
H.
No replacement or substantial modification shall be made except by
a contractor who has either been licensed by state authorities for
work on underground storage facilities or has been certified by the
manufacturer or a storage equipment association as qualified for that
purpose.
The owner of any new or existing storage facility for which a permit has been issued under this Bylaw must apply to the Fire Chief for a renewal of the permit at five-year intervals from the date on which the original permit was granted. The fee for renewal of such permit, payable to the Town of Medfield, shall be such sum as determined from time to time by the Fire Chief. The application for renewal must include any changes in the information required under §§ 140-5C and 140-6A. No application for renewal may be denied except for violations of this Bylaw and in accordance with the procedural requirements of § 140-16B.
A.
No storage facility solely used for single- or two-family residential consumptive use on the premises shall remain underground for a period in excess of 20 years from the date of installation or the date referred to in § 140-6B hereinabove unless such storage facility shall satisfy one of the two options set forth in § 140-13C hereinbelow.
B.
Any storage facility referred to in Subsection A shall be immediately taken out of service pursuant to the provisions of § 140-16 herein below; provided, however, that in the event that such storage facility is otherwise in compliance with the terms and provisions of this Bylaw (excluding annual testing pursuant to § 140-13D hereinbelow), then in such event, such storage facility need not be taken out of service as required by this Subsection B for a period of three years after the effective date of this Bylaw.
A.
All new and replacement tanks shall be designed and constructed to minimize the risk of corrosion and leakage, and their materials shall be guaranteed by the tank manufacturer to be compatible with the hazardous materials designated by the owner in the permit application required under § 140-5A or under § 140-6A or in any application filed under § 140-7B. Only the following tank construction systems shall be approved:
(1)
UL-listed fiberglass reinforced plastic (FRP) tanks;
(2)
UL-listed steel tanks provided with cathodic protection, a coal-tar
epoxy or urethane coating and electrical isolation, and equipped with
a test box to allow measurement of electrical potential and current
flow;
(3)
UL-listed steel tanks with bonded fiberglass coating, compatible
inner corrosion-resistant lining and electrical isolation, the integrity
of the outer coating to be verified by the manufacturer by electrostatic
testing and guaranteed by the manufacturer;
(4)
UL-listed non-conductive stainless steel tanks; and
(5)
Any other "state of the art" type construction providing equal, or
better, protection against leakage than the above-mentioned tanks
and approved by the State Fire Marshal.
B.
All new and replacement tanks must be equipped with a metallic or
nonmetallic striker plate, at least 12 feet by 11 feet in area, at
least 1/4 inch thick, and attached to the bottom of the tank, under
each opening.
C.
All new and replacement piping of a storage facility shall:
(1)
Be protected against corrosion by use of noncorrodible materials or by use of cathodic protection, and their materials shall be guaranteed by the piping manufacturer to be compatible with the hazardous materials designated by the owner in the permit application required under § 140-5A or § 140-6A or an application filed under § 140-7B;
(2)
Be designed, constructed and installed so as to allow testing for
tightness or replacement without the need for disturbing elements
of the storage facility other than the elements that are to be tested
or replaced.
D.
The operator of a storage facility shall record, at least monthly,
the negative voltage of every cathodic protection system equipped
with a test box that is part of that facility. In addition, the owner
shall have every cathodic protection system inspected and tested,
by a qualified person, at least annually. If any such system does
not have adequate negative voltage, or is otherwise defective, the
owner shall have the system repaired promptly by a qualified person.
For purposes of this Subsection, the term "adequate negative voltage"
shall mean a negative voltage of at least 0.85 volt, if a copper-copper
sulfate reference electrode is used. Reference electrodes shall be
installed in accordance with the manufacturer's directions.
E.
All new facilities with submersible pumping systems shall be equipped
with a line leak detector for each delivery line; and if any such
facility is used to store automotive fuel, it shall also be equipped
with an emergency shut-off valve under each dispenser. The shut-off
valves and leak detectors shall be tested by a qualified person upon
installation and at least annually thereafter. No suction pumping
system shall be equipped with any check valve in the piping except
at the tank end, and any such check valve shall be so installed that
it may be tested or replaced without disturbing other elements of
the storage facility.
F.
Every new tank shall be equipped with an overfill prevention system.
If a tank is filled by gravity flow, it must be equipped with a float
vent valve or other device that provides equal or better protection
from overfilling. If the tank is filled under pressure, it must be
equipped with a combined audible and visual high-level alarm. Any
such system shall be tested by a qualified person upon installation
and at least annually thereafter.
G.
Every monitoring system shall be installed by a qualified person.
Those equipped with an automatic audible or visual alarm shall be
tested by a qualified person upon installation and at least annually
thereafter. Those without such an automatic alarm system shall be
checked by the operator for the evidence of leak at least monthly
and shall be inspected by a qualified person at least annually.
A.
No new or replacement tank or component shall be installed, whether it is part of a new or existing storage facility, unless the owner has given at least one week's notice of its installation to the Fire Chief; and no new or replacement tank or component shall be buried or concealed until it has been inspected for damage and external defects, tested for tightness under Subsection E and approved by the Fire Chief or the Chief's designee.
B.
No new or replacement tank or component shall be installed except
by a contractor who has been either licensed by state authorities
for that purpose or certified in writing by the manufacturer or storage
equipment association as qualified for the purpose. The contractor
shall, prior to any installation, submit to the Fire Chief a copy
of such license or certificate.
C.
The installation of a new or replacement tank or component, including
anchoring of the tank whenever water-saturation of any part of the
excavation can reasonably be anticipated, shall be carried out in
accordance with the manufacturer's recommendations, accepted
engineering practices; provided that the backfill material for FRP
tanks shall be pea gravel or crushed stone and that the backfill material
under all other tanks shall be either pea gravel or clean, noncorrosive
sand, free of cinders, stones and other foreign material, the material
under the tank to be compacted and contoured to the shape of the tank
before the tank is installed, the balance to be thoroughly compacted.
D.
Any damage to the exterior of a tank or its coating shall be repaired
before the tank is covered. The owner shall notify the Fire Chief
of such repaired damage and the Fire Chief shall make note of it in
its records for that tank.
E.
Every new or replacement tank and its piping shall be tested, separately,
at the owner's expense, prior to being buried. The tank shall
be tested by air pressure at not less than three, and not more than
five, pounds per square inch. The piping shall be tested hydrostatically
to 150% of the maximum anticipated pressure of the system or tested
pneumatically, after all joints and connections have been coated with
a soap solution, to 100% of the maximum anticipated pressure of the
system, but not less than 50 pounds per square inch at the highest
point of the system. After the tank and piping have been fully buried,
any paving installed and the tank filled with the hazardous material
to be stored therein, the tank and its piping shall again be tested,
separately, at the owner's expense, by any final or precision
test not involving air pressure, that can accurately detect a leak
of 0.05 gallon per hour or less, after adjustment for relevant variables
such as temperature change and tank end deflection, and that is approved
by the State Fire Marshal. The owner shall furnish the Fire Chief
with a certified copy of the results of all testing required by this
Subsection, which the Fire Chief shall keep with the records for the
storage facility.
[Amended 4-28-2014 ATM
by Art. 32]
A.
The provision of this Section shall apply to all tanks used for the
storage of automotive fuel and to all tanks used for the storage of
waste oil or other waste petroleum products.
B.
The operator of every new and existing storage facility designated in Subsection A shall prepare, reconcile and maintain daily inventory control records for each tank and for each combination of interconnected tanks with a common level of product (hereinafter, a "combination") for the purposes of prevention and early detection of leaks. The preparation, reconciliation and maintenance of such records shall be done in accordance with the provisions of 527 CMR 5.06(3), as amended, with the following additions and modifications.
(1)
At the close of each calendar month, the operator shall determine
for that month and for each tank or combination the number of days
in which any amount of product was dispensed and the number of days
in which a loss of product was recorded.
(2)
An "abnormal loss of product" shall mean a loss not explainable by
spilling, temperature variations or other causes as provided in 527
CMR 5.06(3)(D) or a loss recorded on 70% or more of the days, during
any calendar month, in which any amount of product was dispensed from
a tank or combination.
(3)
In the event of any abnormal loss of product, the following steps
shall be taken:
(a)
The operator shall, within 24 hours, notify the owner, the Fire
Chief;
(b)
The owner shall, within three working days, have the steps taken, for that tank or combination of its components, that are outlined in § 140-13A(1); or
(c)
The owner shall, within three working days, submit the daily inventory records of that tank or combination, for that month, for a leak detection statistical analysis by an professionally qualified person who has been approved by the Fire Chief; and the person performing such analysis shall promptly submit certified copies of the results to the Fire Chief and to the owner; and if the Fire Chief, on the basis of such results, determines that there is a probability of a leak in that tank or combination, or in its components, the Fire Chief shall so notify the owner, and the owner shall, within three working days, have the steps taken that are outlined in § 140-13A(1) with respect to that tank or combination and its components.
(4)
An abnormal gain of water shall be a gain in the water level inside
any tank of more than one inch in a 24-hour period during which no
product has been added.
(5)
In the event of any abnormal gain of water, the owner shall, at the owner's expense, have the water removed from the tank and disposed of in a manner approved by the Department of Environmental Protection (DEP) and have the water level checked 25 hours later, during which time no product shall be added. If there is again an abnormal gain of water, the owner shall promptly have the steps taken that are outlined in § 140-13A(1).
[Amended 4-28-2014 ATM
by Art. 32]
(6)
Apart from abnormal gains of water, the owner of any tank in which
water has accumulated to a depth of three inches or more shall, at
the owner's expense, have the water removed and disposed of in
a manner approved by DEP.
[Amended 4-28-2014 ATM
by Art. 32]
(7)
For every storage facility covered by the inventory control requirements of this Section, the owner shall, at least annually and at the owner's expense, submit the daily inventory records of the most recent calendar month for a leak detection statistical analysis by any professionally qualified person who has been approved by the Fire Chief for that purpose. The person performing such an analysis shall promptly submit certified copies of the results of that analysis to the owner and to the Fire Chief. The Fire Chief shall keep its copy with the records of that facility. If the Fire Chief determines, on the basis of that analysis, that there is a probability of a leak from any tank or its components in that facility, the owner shall, within three working days, take the steps outlined in § 140-13A(1) with respect to that tank and its components, or, in the case of a combination, with respect to each tank and its components.
(8)
The Fire Chief, in addition to state public safety officials, shall
have access to all inventory records required by this Section.
A.
Probability of leak.
(1)
If the probability of a leak is indicated by inventory control procedures under § 140-12 or by a monitoring system or by a line leak detector or by the malfunctioning of a suction pump or by the presence of hazardous material or hazardous material fumes in or around the surrounding area, or otherwise, the owner shall, within three working days, have the following steps taken at the owner's expense:
B.
If any of the testing specified in Subsection A discloses a leak, the operator and owner shall comply immediately with the requirements of § 140-14, and the Fire Chief may direct the owner, at the owner's expense, to have all other tanks on the premises and their components tested in the same manner.
C.
D.
The owner of every storage facility (except single- or two-family residential consumptive use on the premises) shall have each tank and its piping tested in accordance with the provisions of Subsections G and H at the owner's expense, during the 10th, 13th, 15th, 17th and 19th year, and annually thereafter.
E.
With respect to any tank to which the inventory control requirements of § 140-12 are applicable, the Fire Chief shall require the owner to have it and its piping tested promptly, at the owner's expense, whenever the operator fails to maintain the daily inventory records properly or fails to perform the required monthly calculations of abnormal loss, or whenever the owner fails to comply with the annual leak detection statistical analysis requirement under § 140-12B(7).
G.
Except for testing performed on a tank and its piping prior to their
being covered, a tank shall be tested by a final or precision test,
not involving air pressure, that can accurately detect a leak of 0.05
gallon per hour or less, after adjustment of relevant variable such
as temperature change and tank end deflection, and that is approved
by the State Fire Marshal. Piping shall be tested hydrostatically
to 150% of the maximum anticipated pressure of the system.
H.
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.
I.
The person performing any test under this Section shall promptly
supply the owner and the Fire Chief with certified copies of all test
results for a tank and its piping. The Fire Chief shall keep its copy
with the records of that storage facility.
A.
In the event of a leak, whether determined by testing or otherwise,
the following steps shall be taken:
(1)
The operator shall immediately notify the owner, the Fire Chief and
the Office of Incident Response of the Department of Environmental
Protection (OIR-DEP);
[Amended 4-28-2014 ATM
by Art. 32]
(2)
The owner shall promptly verify that the Fire Chief and OIR-DEP have
been notified and shall immediately notify same if not done so by
the operator;
[Amended 4-28-2014 ATM
by Art. 32]
(3)
If testing has confirmed that the source of the leak is the piping
for a particular tank, the operator shall take that tank out of service
immediately;
(4)
If testing has confirmed that the source of the leak is a particular
tank, the operator shall within 24 hours cause that tank to be emptied
of all its contents;
(5)
If testing has failed to determine the source of the leak within
a storage facility, the operator shall within 24 hours cause the entire
storage facility to be emptied of its contents.
B.
Until the arrival of a representative of OIR-DEP, the Fire Chief shall take charge of all emergency procedures and shall verify that all steps required under Subsection A have been taken.
[Amended 4-28-2014 ATM
by Art. 32]
C.
The owner and the Fire Chief shall cooperate with OIR-DEP in all
efforts to identify the source of the leak, to contain it, and to
restore the environment, including any groundwater or surface water
that may have been contaminated by the leak, to a condition and quality
acceptable to DEP.
[Amended 4-28-2014 ATM
by Art. 32]
D.
The Fire Chief shall determine whether any tank or its components
that have been identified as the source of a leak shall be removed
and replaced or may be repaired, and shall notify the owner of its
decision. In making its decision, the Fire Chief shall consider all
factors affecting the degree of risk to public health and safety from
a subsequent leak, including, but not limited to, the location of
the tank and the specific nature of the contents.
A.
No underground tank which has leaked as a result of corrosion shall
be relined.
B.
The Fire Chief shall determine whether any tank or its components
that have been identified as the source of a leak shall be removed,
replaced and/or repaired and shall notify the owner of his or her
decision. In making his or her decision, the Fire Chief shall consider
all factors affecting the degree of risk to public health and safety
from a subsequent leak, including, but not limited to, the location
of the tank and the specific nature of the contents.
(1)
The Fire Chief shall also be governed by the following conditions
on the repair, by relining, of any steel tank:
(a)
It must have a minimum design shell thickness of 0.18 inch (seven-gauge);
(b)
It must have no open seam or split;
(c)
It must have less than 10 holes with none larger than 1/2 inch
in diameter and no more than two within a one-foot radius; and
(d)
It must meet all the standards of the lining manufacturer for
structural soundness.
(2)
Adherence to the above conditions shall be determined after the interior
surface of the tank has been peened by a hammer.
C.
Except as specifically provided elsewhere in this Bylaw, if the Fire Chief permits the repair of any leaking tank, the Fire Chief shall require that the tank and its piping be tested at the owner's expense and in accordance with provisions of § 140-13G and H, prior to being restored to service, at two-year intervals for 10 years and annually thereafter.
D.
Any repair of a tank or replacement or repair of components shall
be performed by qualified technicians, following the manufacturer's
directions, and, in the case of relining of a steel tank, following
the recommendations of American Petroleum Institute Publication 1631
First Edition, 1983 or any subsequent edition as it may appear.
E.
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 MGL c. 21O, § 1, as amended. Any removal
shall be completed within 90 days after the Fire Chief has notified
the owner of its decision.
F.
The owner or operator, jointly and severally, shall be responsible
for all costs (including, without limitation, all costs and expenses
incurred in enforcing the provisions of this Bylaw) of reclaiming,
recovering and properly disposing of any hazardous material that has
leaked and for all costs of restoring the environment, including any
groundwater or surface water that has been contaminated, to a condition
and quality acceptable to DEP, whether such costs have been incurred
by the owner, operator, the Town, DEP or by any other person or entity.
A.
If the owner of a tank, which either is located under a building
and cannot be removed from the ground without first removing the building
or is so located that it cannot be removed from the ground without
endangering the structural integrity of another tank, decides to abandon
it, the owner shall promptly notify the Fire Chief of this decision
and, subject to the directions of the Fire Chief, have all the hazardous
material removed from the tank, by hand pump if necessary, and the
tank filled with sand or other insert material prescribed by the Fire
Chief.
B.
Except as provided in Subsection A, no tank may be abandoned in place. Any owner of a tank that has in fact been out of service for a period of time constituting abandonment, as defined in § 140-3, shall immediately obtain a permit from the Fire Chief pursuant to MGL c. 21O, § 1, as amended, and, subject to the directions of the Fire Chief, shall have the tank either removed or filled in conformance with existing codes. The hazardous material within the tank, if any, shall be disposed of at the owner's expense as directed by the Fire Chief.
C.
The owner of a tank that is licensed under MGL c. 21O, as amended, and that the owner has decided to take out of service for a period of less than six months, shall promptly notify the Fire Chief and the Board of Health of the decision and, subject to the directions of the Fire Chief, have all the hazardous material removed from the tank, and disposed of as directed by the Fire Chief, all tank openings properly secured and the tank filled with water. Before any such tank may be restored to service, the owner shall notify the Fire Chief and have the water removed and disposed of in a manner approved by DEP. The Fire Chief may require that the owner have the tank and its piping tested, at the owner's expense, in accordance with the provisions of § 140-13G and H.
A.
Any owner or operator who violates any provision of this Bylaw shall be subject to a fine of $30 for each offense. The liability hereunder of the owner and operator shall be joint and several. Each day during which such violation continues shall constitute a separate offense. The fine(s) provided in this Subsection A may be waived upon demonstration by the owner and/or operator of continuing and good faith efforts at compliance. This Bylaw may be enforced pursuant to MGL c. 40, § 21D, as amended, by a local police officer or any other officer having police powers. Upon request of the Fire Chief and the Board of Selectmen, the Town Counsel shall take such legal action as may be necessary to enforce this Bylaw.
B.
In the event of any violation of this Bylaw by the owner or operator of a storage facility, the Fire Chief, instead of or in addition to requesting enforcement under Subsection A, may revoke or suspend the owner's permit or may require more frequent testing than would otherwise be required under § 140-13; and if a permit is revoked or if a storage facility has been installed or maintained without a permit, the Fire Chief may order that the storage facility be removed from the ground. Before revoking or suspending an owner's permit, or requiring removal of a storage facility from the ground, the Fire Chief 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. The owner and operator, jointly and severally, shall be responsible for all costs and expenses incurred in enforcing the provisions of this Bylaw.
The Fire Chief may, after a public hearing, vary the application
of any provision of this Bylaw, unless otherwise required by law,
when, in his or her opinion, the applicant has demonstrated that an
equivalent degree of protection will still be provided to public and
private water supplies and to the public health and public safety.
Notice of the hearing shall be given by the Fire Chief, at the applicant's
expense, at least 10 days prior thereto, by certified mail to all
abutters to the property at which the owner's storage facility
is located and by publication in a newspaper of general circulation
in the Town. The notice shall include a statement of the variance
sought and the reasons therefor. Any grant or denial of a variance
shall be in writing and shall contain a brief statement of the reasons
for the grant or denial.
The invalidity of any provision of this Bylaw shall not affect
the validity of the remainder.
