[Added 8-14-1985]
Every owner of an underground fuel oil storage tank existing on the effective date of these regulations shall register with the Board of Health the type, size, date of original installation and location of all underground fuel oil storage tanks on or before January 1, 1987. Every owner of any underground fuel oil storage installed or replaced after the effective date of these regulations shall register with the Board of Health the type, size, date of installation and location of such tanks within 30 days of such installation or replacement.
The Board of Health shall notify registered owners of underground fuel oil tanks of the date of required removal or replacement of such tanks pursuant to § 363-16 below one year prior to such required date of removal or replacement.
A. 
Fuel vendors shall be prohibited from delivering fuel oil to the following types of underground fuel oil tanks:
(1) 
Tanks which are not registered with the Board of Health, effective January 1, 1987.
(2) 
Tanks located in the Aquifer Protection Zone, as shown on the Zoning Map, which have a date of original installation greater than 20 years prior, effective June 15, 1987.
(3) 
Tanks located anywhere in the Town which have a date of original installation greater than 20 years prior, effective June 15, 1988.
B. 
In order to avoid property damage due to frozen pipes as well as to avoid adverse effects on personal health, nothing in this section shall prohibit fuel vendors from delivering or filling fuel oil to tanks meeting the description of Subsection A above, on an emergency basis only, during the heating season from September 15 to June 15, inclusive, provided that the vendor notifies the Health Inspector in writing within 30 days of having done so that such an emergency delivery has been made. Emergency deliveries shall be limited to one heating season, except by written permission of the Board of Health.
The Nantucket Board of Health hereby has the right to enter onto private property in order to inspect and test underground fuel oil tanks which it suspects, in its sole judgment, may pose a hazard to public health or safety. The cost for such inspection and testing shall be borne by the Board of Health if the tank so tested passes the test and shall be borne by the owner of the tank if the tank fails the test.
Following the effective date of these regulations, the installation of fuel oil tanks shall meet or exceed one of the following specifications:
A. 
Basement installation. Tanks shall be installed above ground in basements on a three-inch reinforced concrete floor or single pad. If a pad is used, the outside dimensions of the pads shall exceed by six inches the outside dimensions of the tank to be installed and shall include a one-inch-high containment lip around its perimeter.
B. 
Above-ground outdoor installation. Tanks shall be installed above ground outside the structure on a three-inch-thick, single, reinforced concrete pad, the outside dimensions of which shall exceed by six inches the outside dimensions of the tank to be installed. The tank may be screened by a board fence meeting the requirements of the Historic District Commission and/or the planting of a dense hedge or line of shrubs.
C. 
Underground tank installation outside Aquifer Protection District. Tanks meeting or exceeding the specifications for an STI-P3 steel tank, or UL-listed seamless spherical fiberglass tanks, may be installed underground if they are located outside the Aquifer Protection District, as delineated on the Town's Zoning Map. Such tanks shall be covered by a thirty-year written warranty by the manufacturer. Underground fuel oil tanks exceeding 1,000 gallons shall comply with the periodic tank and pipe testing requirements applicable to underground gasoline tanks found in § 363-7 of these regulations.
D. 
Underground tank installation inside the Aquifer Protection District. Double-walled steel tanks meeting or exceeding a Type 1 UL 58 secondary containment, or double-walled UL-listed spherical fiberglass tanks, may be installed underground if they are located within the Aquifer Protection District, as delineated on the Town's Zoning Map. Such tanks shall be covered by a thirty-year written warranty by the manufacturer, and shall include a means for continuously monitoring the space between the inner and outer wall for leaks in either wall, fitted with both visual and audible alarms. Underground fuel oil tanks exceeding 1,000 gallons installed after the effective date of these regulations shall comply with the periodic tank and pipe testing requirements applicable to underground gasoline tanks found in § 363-7.
All new installations of fuel oil tanks, whether above ground or below ground, shall be fitted with a functioning vent pipe alarm.
A. 
Following the effective date of these regulations, any derelict or unused underground fuel oil tank, or any underground fuel oil tank found to be leaking by the Board of Health, Fire Chief or their respective agents, or any underground fuel oil tank that exceeds 20 years of use shall be removed and properly disposed of forthwith. The proper tank disposal method to be employed by the owner, particularly the condition under which said derelict or unused tank is to be removed from the site, transported and finally disposed of, shall be determined by the Fire Chief on a case-by-case basis in conformance with applicable state and federal regulations, which method shall include, as a minimum, the complete removal of any residual product found in the tank prior to excavation of the tank.
B. 
Any piping leading to or from a tank which is found to be leaking or not properly installed shall be repaired or replaced forthwith.
Any violation of Article III of these regulations by an owner of an underground fuel oil storage tank shall result in the prohibition of fuel oil delivery to an owner's tank, by order of the Board of Health. The Board of Health shall notify the owner of such prohibition and the owner's vendor of fuel oil by registered or certified mail within 30 days of such action.