Town of Nantucket, MA
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2023-11-07
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Division 2 Town Regulations
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Chapter 363 Tanks, Underground
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Article I General Provisions
- Ethics
- Ch ETH Ethics
- Bylaws
- Administrative Legislation
- Ch 1 General Provisions
- Ch 2 Administrative Procedures
- Ch 11 Committees
- Ch 12 Council for Human Services
- Ch 19 Finances
- Ch 21 (Reserved)
- Ch 25 Liability, Municipal
- Ch 26 False Private Alarms
- Ch 27 Buses
- Ch 33 Personnel
- Ch 34 Domestic Partnerships
- Ch 38 Select Board
- Ch 40 Town Collector and Town Treasurer
- Ch 41 Board of Sewer Commissioners
- Ch 42 Solid Waste Enterprise
- Ch 44 Town Meetings
- Ch 45 Elections
- Ch 46 Town Property, Conveyance of
- General Legislation
- Ch 53 Airport Approach Zone
- Ch 54 Alcoholic Beverages
- Ch 55 Animals
- Ch 56 Beaches, Regulation of Motor Vehicles on
- Ch 57 Bicycles and Mopeds
- Ch 58 Car Rental Agencies, Registration of
- Ch 64 Camping
- Ch 66 Coastal Areas and Open Spaces, Protection of
- Ch 67 Coastal Properties Owned by Town, Management of
- Ch 69 (Reserved)
- Ch 86 Health Regulations
- Ch 88 Junk, Metals and Secondhand Merchandise, Sale of
- Ch 91 (Reserved)
- Ch 94 Loitering
- Ch 95 Marijuana
- Ch 97 Merchandise and Wares, Display of
- Ch 98 Motorized Passenger Devices
- Ch 99 Nantucket and Madaket Harbor Watersheds
- Ch 100 Nantucket Housing Needs Covenant Program
- Ch 101 Noise
- Ch 102 Outdoor Lighting
- Ch 103 (Reserved)
- Ch 104 Abandoned Vehicles
- Ch 105 Peace and Good Order
- Ch 107 Peddlers, Solicitors and Transient Vendors
- Ch 108 Civil Fingerprinting
- Ch 113 Poles and Wires, Removal of
- Ch 114 Public Water Supply Use Restrictions
- Ch 117 Roofs, Noncombustible
- Ch 120 Sewers and Wastewater Facilities
- Ch 122 Shellfish, Taking of
- Ch 123 Short-Term Rentals
- Ch 124 Signs; Satellite Dishes; Rooflines
- Ch 124A (Reserved)
- Ch 125 Solid Waste Disposal
- Ch 125A Single-Use Plastics
- Ch 126 Street Numbers, Regulating
- Ch 127 Streets and Sidewalks
- Ch 128 Excavation and Trench Safety
- Ch 129 (Reserved)
- Ch 132 Trees and Shrubs
- Ch 135 Fuel Storage Tanks
- Ch 136 Wetlands
- Ch 137 Wharves and Waterways, Town
- Ch 139 Zoning
- Ch 140 Right to Farm
- Ch 141 Stretch Energy Code
- Town Regulations
- Ch 203 Airport Regulations
- Ch 207 Alcoholic Beverage Licensing and Regulation
- Ch 211 Animals
- Ch 216 Beaches
- Ch 220 Biodegradable Packaging
- Ch 223 Board of Health Administration
- Ch 225 Boats and Boating
- Ch 229 Body Art Establishments and Practitioners
- Ch 234 Cemeteries
- Ch 238 Comprehensive Permits
- Ch 252 Fertilizer
- Ch 256 Filming and Videotaping on Public Lands
- Ch 260 Fishing and Shellfishing
- Ch 265 Food Service Establishments
- Ch 272 Grills, Charcoal and Gas
- Ch 278 Harbors and Waterways
- Ch 283 Housing Standards
- Ch 288 Hummock Pond Watershed
- Ch 303 Madaket Harbor Watershed
- Ch 309 Nantucket Harbor Watershed
- Ch 316 Pedicabs
- Ch 327 Septic Systems
- Ch 332 Sewage Disposal and Treatment
- Ch 336 Sewers
- Ch 338 Short-Term Rental Property
- Ch 340 Signs
- Ch 345 Smoking and Tobacco Products
- Ch 349 Solid Waste
- Ch 354 Streets and Sidewalks
- Ch 358 Subdivisions
- Ch 361 Surface Water and Groundwater Protection
- Ch 363 Tanks, Underground
- Ch 363 Art I General Provisions
- § 363-1 Authority.
- § 363-2 Findings and purpose.
- § 363-3 Definitions.
- § 363-4 Liability for costs.
- § 363-5 Variances.
- Ch 367 Taxicabs, Charter, Limousine and Tour Vehicles
- Ch 371 Toxic and Hazardous Materials
- Ch 375 Traffic
- Ch 382 Wellhead Protection District
- Ch 386 Wells
- Ch 390 Wetlands Protection
- Ch DLR Town Regulations Disposition List
- Appendix
- Ch A300 General Law Acceptances
- Ch A301 Special Acts
- Ch A302 Charters
- Disposition List
- Ch DL Disposition List
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:
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.
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.
Any petroleum product used for space or water heating, including,
but not limited to, No. 2 fuel oil and kerosene.
Any fuel which can be used to fuel Otto or diesel cycle internal
combustion engines.
The lessee of a storage facility or the persons responsible
for the daily operation of a storage facility.
The person or persons, corporation, real estate trust or
other similar entity, including any government entity, having legal
ownership of a storage facility.
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.
