Town of Georgetown, MA
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Georgetown 3-27-1984. Revisions made at time of publication of Code. Other amendments noted where applicable.]
This regulation is authorized by MGL C. 111, § 31, which authorizes local boards of health to make reasonable health regulations.
The purpose of this regulation is to control the installation and maintenance of underground gasoline or fuel storage tanks over 1,000 gallons and the subsurface storage of hazardous materials in any amount and to protect groundwater and surface water from contamination due to leakage. The provisions of this regulation are applicable only to underground tanks.
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
FIRE CHIEF
The Chief of the Fire Department of Georgetown.
HAZARDOUS MATERIALS
Quantities generated in excess of 20 kilograms per month of hazardous wastes or one kilogram per month of acutely hazardous waste as defined by the Massachusetts Department of Environmental Quality Engineering Hazardous Waste Regulations (310 CMR 30.000) and all liquid hydrocarbon products, including but not limited to gasoline, fuel and diesel oil.
NONCORROSIVE SOIL
Soil that, when tested by a qualified professional, is shown to have a resistivity greater than 10,000 ohm-cm, and that does not exhibit corrosive characteristics in a soil-chemistry analysis.
ONE-HUNDRED-YEAR FLOODPLAIN
Those areas as shown in the Flood Insurance Rate Maps (FIRM) for Georgetown under the Federal Emergency Management Agency's National Flood Insurance Program, or as defined in Article IV of Chapter 165, Zoning, whichever is more restrictive.
AS SHOWN ON A MAP ON FILE IN THE OFFICE OF THE BOARD OF SELECTMEN ENTITLED "MAP 20
Public Water Supply Wells," referred to in § 475-5C(2) of this regulation.
UNDERGROUND TANK
Any fuel-storage containment system for gasoline, fuel or lubricating oil with a capacity in excess of 1,000 gallons and storage of hazardous materials in any amount, the top of which is located below the ground.
B. 
Word usage. "His" includes "her."
A. 
Tank registration. Every owner or operator of an underground tank must file with the Town Clerk the size, type, age, contents and location of his underground tanks within 90 days of the enactment of this regulation.
B. 
Notification of Fire Department. The Town Clerk must, forthwith, give the Fire Chief a copy of the information filed for each tank that is registered according to Subsection A. The Fire Chief or his designee must check this information against Fire Department records. He may require evidence of the date of purchase and installation if there is any question concerning the age of the tank.
C. 
Tank testing. Owners or operators that are known to have underground storage tanks that did not report their tank(s) as required by Subsection A of this regulation must have such tanks tested in accordance with § 475-6A(4) of this regulation.
A. 
Tank design.
(1) 
Unless proven otherwise by soil tests performed by qualified professionals, the soils in Georgetown shall be assumed to be corrosive. Metallic tanks (except stainless steel) without cathodic protection or an underground secondary containment system will be prohibited. Also prohibited is Schedule 40 steel pipe, galvanized or black iron, or approved nonmetallic (except fiberglass-reinforced plastic) pipe. If a qualified professional demonstrates that the soils in which the tank is to be placed are likely to remain noncorrosive as described in the definition of noncorrosive soil in § 475-3, a steel tank with interior coating and other approved piping may be installed.
(2) 
In corrosive soils underground tanks must be constructed of noncorrodible materials such as fiberglass-reinforced plastic (FRP) or its equivalent; steel with external bonded noncorrodible material (i.e., FRP); a steel system cathodically protected by an impressed current cathodic system, sacrificial anodes or equivalent protection; or a double-walled tank. These requirements are in accordance with the Massachusetts Board of Fire Prevention regulations codified in 527 CMR 9.06(18).
(3) 
In corrosive soils, piping shall be constructed of noncorrodible materials such as FRP or its equivalent, a steel system with cathodic protection or some other type of equivalent protection in accordance with 527 CMR 9.06(18).
(4) 
Cathodic protection systems shall be maintained and checked in accordance with 527 CMR 9.06(20)(g).
(5) 
Commercial tanks must be equipped with striker plates below openings used for product measurement or filling.
B. 
Tank installation.
(1) 
The Fire Chief or his designee must inspect and approve underground tanks prior to their burial in accordance with 527 CMR 9.06(10).
(2) 
Tanks must be installed in accordance with the manufacturer's installation techniques. Damage to protective coatings or to the FRP tank or surface must be repaired prior to covering the tank.
(3) 
New underground tanks shall be tested for tightness, hydrostatically or with air pressure at not less than three pounds per square inch and not more than five pounds per square inch, after installation but before being covered or placed in use in accordance with 527 CMR 9.06(20)(b).
(4) 
Piping should be tested in accordance with 527 CMR 9.06(20)(a) before being covered, enclosed or placed in use.
(5) 
Backfill material, used to cover all new tank installations and repairs, must be of the type and quality specified by the tank manufacturer's installation procedures and by the pertinent regulations governing storage tank installation.
(6) 
Underground tanks that are to be located in areas subject to flooding or below the maximum water table elevation must be anchored according to manufacturer's instructions.
C. 
Tank location.
(1) 
New installations of underground tanks may not be installed within the one-hundred-year floodplain. Existing tanks may be replaced on the approval of the Fire Chief.
(2) 
Underground tanks that are to be installed within the cone of depression of a public well (or lacking a defined cone of depression, within 1,000 feet of a public water supply well), must submit, for review by the Fire Chief, the Board of Health or its agent and the local water commissioners or their agent, a plan outlining the procedures or devices, such as product sensors and/or area monitoring devices, to be used to prevent water supply contamination. The plan must be endorsed by representatives of the three departments noted above prior to approval for tank installation.
A. 
Inventory verification.
(1) 
All underground tanks, except fuel-oil tanks and tanks connected with burning equipment, must be monitored for the prevention and detection of leakage of flammable and combustible liquids in accordance with the provisions of 527 CMR 5.05(3).
(2) 
The daily inventory records must be shown to the Fire Chief or his designee prior to issuance of a permit or license renewal.
(3) 
The owner and operator must participate in a program of regularly scheduled inventory verification at least once every two years in accordance with 527 CMR 5.05(3)(g). The operator of tanks 10 years of age or older shall submit to the Fire Chief annually a report certifying that the inventory verification has been performed, stating the calculated gain/loss over the verification periods.
(4) 
The Fire Chief shall require the operator of an underground tank storage system to test the system for tightness, at the operator's expense, when accurate daily inventory records have not been maintained as specified in Subsection A(2).
(5) 
If daily inventory records indicate a loss of product in excess of five-tenths percent (0.5%) of the volume of product used or sold, or an abnormal increase in the amount of water contained in the tank, steps must be taken immediately in accordance with 527 CMR 5.05(3)(e) to detect and stop the leak. The discrepancy must be reported to the Fire Chief.
B. 
Tank testing.
(1) 
Unless the tank operator demonstrates to the Fire Chief and the Board of Health that his tank(s) are constructed of a material that will not corrode, has product sensors or has been repaired or tested within the last year, underground tanks shall be required, at the expense of the owner, to undergo one of the following tests at five-year intervals from the date of installation up to the 20th year and annually thereafter: a Ken-Moore (Heath Petro-tite) test; or a Sun-Mark leak-locator test; or the equivalent as determined by the Fire Chief. The Fire Chief shall be given at least 48 hours' notice of time, date and place of testing. Test results must be submitted to the local Fire Chief.
(2) 
The waiver from Subsection B(1) may not be granted for a tank that is located within any of the areas specified in § 475-5C(2) of this regulation.
(3) 
If flammable fluids or their vapors have been detected in neighboring structures, sewers or wells on or off the property locations, the Fire Chief may require that any nearby tank, including underground residential tanks less than 1,000 gallons, be tested at the expense of each tank's owner.
A. 
Leak reporting. Any person who is aware of a spill or abnormal loss of gasoline, fuel, lubricating oil, flammable fluids, solids, gases and/or hazardous materials in any amount must report such spill or loss immediately to the Fire Chief. The Fire Chief must be responsible for other notification, including the Board of Health, Hazardous Waste Coordinator and Board of Selectmen.
B. 
Equipment replacement/removal.
(1) 
After a leak is confirmed, underground tanks (or piping) must be emptied immediately and removed or repaired forthwith under the direction of the Fire Chief.
(2) 
A leaking tank that is 20 years old or older that does not comply with the design standards in § 475-5A(2) must be removed and may not be repaired. A permit for its removal must be obtained in accordance with MGL C. 148, § 38A.
(3) 
A leaking tank that is less than 20 years old must be repaired or removed. If the tank operator can show to the satisfaction of the Fire Chief that (in the case of steel tanks) the leak was from internal corrosion and that the tank can be repaired so as not to pose a continuing threat to the soils and waters of the Commonwealth, considering at the minimum a corrosivity of the soil, tank age and external condition, techniques to be used for the repair and the location of the tank, then the tank may be repaired. Operators of leaking FRP tanks must demonstrate to the Fire Chief that the tank can be repaired according to manufacturer's instructions. Operators who do not meet these requirements must remove the tank.
(4) 
If it is necessary to replace an underground steel tank that has developed a corrosion-induced leak, all other steel tanks at the facility of the same age or older, whether they are leaking or not, shall be repaired or replaced, where deemed necessary by the Fire Chief, with tanks that meet the requirements of § 475-5A of this regulation.
C. 
Notification of resolution of problems. The Fire Chief shall submit a report in writing to the Board of Health, Board of Selectmen and Hazardous Waste Coordinator of the resolution of any problem associated with this regulation.
A. 
The provisions of this regulation shall be administered by the Fire Chief and, where necessary, by the Hazardous Waste Coordinator.
B. 
Variances from the specific requirements of this regulation may be authorized by the chief licensing authority after notice and a public hearing.
C. 
Licenses issued in accordance with MGL C. 148, § 13, for underground tanks must be renewed at five-year intervals from the date of installation up to the 20th year and annually thereafter. Tank owners must submit to the Fire Chief and the licensing authority a statement certifying satisfactory leak-detection results over the period of the permit (in accordance with § 475-6B of this regulation) and inventory verification at least 30 days before the issuance of a permit renewal for the time periods specified herein. Test results must accompany the permit renewal application.
D. 
Fees necessary for the issuance and renewal of permits or licenses shall be set by the Board of Selectmen.
E. 
The Fire Chief or his designee and/or the Hazardous Waste Coordinator may, at all reasonable times and upon reasonable notice to the occupant of the premises, 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 regulation, and may, at any time and upon reasonable notice to the occupant of the premises, enter such premises for the purpose of protecting the public health or safety or to prevent damage to the environment.
A. 
Whoever violates any provision of this regulation shall be fined as provided in MGL C. 111, § 31. Each day that such violation continues shall constitute a separate offense. Such fine may be recovered by the Fire Chief on complaint before the District Court. A petition in Superior Court to restrain by injunction violation of this regulation shall be made in the name of the town.
B. 
Violation shall be cause for revocation of a permit issued under MGL C. 148, § 13. The Building Inspector shall withhold an occupancy permit from any person who is in violation of any provision of this regulation. Notice from the Fire Chief shall authorize such withholding until notice of correction has been received.
C. 
Violations shall include:
(1) 
Section 475-4C, tank testing by owners that did not report their tanks.
(2) 
Section 475-5A(4), maintenance and checking of cathodic protection systems.
(3) 
Section 475-6A, inventory verification.
(4) 
Section 475-6B, tank testing.
(5) 
Section 475-7, leak reporting and equipment replacement/removal.
(6) 
Section 475-8(E), failure to permit inspection.
(7) 
Any other violation which would result in lack of original approval and denial of issuance for a permit or renewal under MGL C. 148, § 13, for underground storage.
This regulation shall take effect immediately.[1]
[1]
Editor's Note: The inventory form which immediately followed this section is on file in the office of the Board of Health.