The Town of Nantucket Board of Health hereby adopts the following
regulations under powers authorized by MGL c. 111, § 31.
Nantucket Island's sole source of drinking water is its groundwater.
Because of the Island's location 22 miles at sea, there is no opportunity
to pipe water to the Island should this source be contaminated. The
purpose of these regulations is to protect groundwater and surface
waters from one potentially lethal source of contamination: leaking
underground fuel and chemical storage tanks.
As used in these regulations, the following terms shall have
the meanings indicated:
CATHODIC PROTECTION
A system which 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.
COMPONENTS
Piping, pumps and other related storage, conveyancing and
dispensing elements which are installed underground and which, together
with one or more tanks and any cathodic protection or monitoring system,
constitute a storage system or facility.
FUEL OIL
Any petroleum product used for space or water heating, including,
but not limited to, No. 2 fuel oil and kerosene.
GASOLINE
Any fuel which can be used to fuel Otto or diesel cycle internal
combustion engines.
OPERATOR
The lessee of a storage facility or the persons responsible
for the daily operation of a storage facility.
OWNER
The person or persons, corporation, real estate trust or
other similar entity, including any government entity, having legal
ownership of a storage facility.
UNDERGROUND TANK
Tanks installed below grade, in whole or in part, and shall
include tanks installed above ground in which the tank itself, other
than support structures, is in direct contact with the ground.
In every instance except inspection and testing pursuant to §
363-13, the owner shall assume responsibility for all costs incurred necessary to comply with this regulation.
The Board of Health may vary the application of any provision
of this regulation, unless such variance is otherwise prohibited by
law, when, in the opinion of the Board, the applicant has demonstrated
that an equivalent degree of groundwater protection will be provided.
The Board of Health shall notify all abutters to the subject property
by certified mail sent to their residence address as set forth in
the most recent Assessor's record at least 10 days before the Board
of Health meeting at which the variance will be considered, advising
said abutters of the variance requested and the time and place of
the meeting. Any approval or denial of the variance shall be in writing
and shall include findings which were the basis for the decision to
approve or deny. The Board of Health may include in any approval of
a variance additional requirements that must be met as a condition
for granting such a variance.