[HISTORY: Adopted by the Special Town Meeting of the Town of Blackstone 10-19-1987
by Art. 15.[1] Amendments noted where applicable.]
[1]
Editor's Note: This Article 15 of the 10-19-1987 Special Town Meeting
was approved by the Attorney General, James M. Shannon, 1-21-1988, with the
understanding that the bylaw may not be applied in contravention of 527 CMR
9.00 et seq., except that original Section 4.15 and in Section 6.3, the words
"and the provisions of 527 CMR 9.06(17)(b - d), as amended" were to be stricken
therefrom.
This chapter is adopted by the Town of Blackstone 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 c. 148,§ 9.
The purposes of this chapter are, through regulation of the design,
construction, installation, testing and maintenance of underground petroleum
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 chapter, 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 a 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, provided
that the bylaw thereafter becomes effective under the provisions of MGL c.
40, § 32, as amended, or the date on which the ordinance receives
final City Council approval in accordance with MGL c. 43, § 23.
Any uncontrolled movement, measurable by a final or precision test
that can accurately detect a leak of 0.05 gallons per hour or less, after
adjustment for relevant variables such as temperature change and tank end
deflection, of a petroleum product out of a tank or its components, or any
uncontrolled movement of water into a tank or its components.
A system installed between the wall of double-walled tanks or inside
a tank or in the vicinity of a tank for the purpose of early detection of
leaks.
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 liquid
petroleum products, and shall include any cathodic-protection or monitoring
system used, or designed to be used, for inhibiting or detecting leaks of
petroleum product 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 liquid petroleum product of any kind.
Included in a current list or report of approved equipment, materials
or methods published by Underwriters' Laboratories, Inc.
Storage 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.
New storage facilities.
(1)
Subsequent to the effective date of this chapter, no
storage facility shall be installed unless the owner shall have first obtained
a permit from the Board of Health, the Selectmen and the Fire Chief. This
permit shall be in addition to any license or permit required by Massachusetts
General Laws Chapter 148, as amended, or by any regulations issued thereunder.
The fee for this permit, payable to the Town of Blackstone, shall be $0.10
per gallon capacity of the tank.
(2)
The application for a permit shall be on a form obtained
from the Board of Health and shall include the following information and any
other information that the Board may require:
(a)
The name, address and telephone numbers (day and night)
of the owner.
(b)
The name, address and telephone numbers (day and night)
of the operator.
(c)
The number of tanks in the proposed facility and the
capacity and contents of each proposed tank.
(d)
The proposed type of construction for each tank and its
piping, together with the tank's Underwriter's Laboratories, Inc., 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.
(e)
The depth below ground level of the lowest and highest
points of each proposed tank.
(3)
In a storage facility with more than one proposed tank,
the applicant shall furnish a certificate, signed by a qualified engineer,
that the proposed facility meets all the design and construction requirements
of this chapter.
(4)
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.
(5)
If the Board of Health 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 Board may deny the permit or may grant it subject to conditions which the Board determines are necessary 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 § 112-8 or continuing independent leak-detection statistical analysis of daily inventory records.
B.
Existing storage facilities.
(1)
The owner of every storage facility that has been installed
prior to the effective date of this chapter shall apply to the Board of Health,
the Selectmen and the Fire Chief, within six months of the effective date
of this chapter, for a permit to maintain the storage facility.
(2)
Application shall be made on a form obtained from the
Board of Health and shall include, to the extent available to the owner, the
following information:
(a)
The name, address and telephone numbers (day and night)
of the owner.
(b)
The name, address and telephone numbers (day and night)
of the operator.
(c)
The number of tanks in the facility and the capacity
and contents of each tank.
(d)
The type of construction 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.
(e)
The depth below ground level of the lowest and highest
points of each tank.
(f)
The date of installation of each tank.
(g)
A description of any previous leaks, including approximate
dates, causes, estimated amounts, any cleanup measures taken and any measures
taken to prevent future leaks.
(3)
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 head of the local fire department (hereinafter, the "Fire Chief").
If no substantial evidence of the date of installation is supplied, the tank
shall be presumed to have been installed 20 years prior to the effective date
of this chapter.
(4)
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.
C.
Replacement and substantial modification.
(1)
The term "substantial modification" shall mean 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.
(2)
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 approval in writing from the Board of Health, the
Selectmen and the Fire Chief. The Board shall keep a copy of its approval
with the records for that storage facility.
(3)
Any application for approval under Subsection C(2) shall be in writing and shall clearly describe the type of construction of any replacement tank or component or the modification that is proposed.
(4)
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.
(5)
If the Board of Health 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 Board
of Health, the Selectmen and the Fire Chief may deny the application or approve
it subject to conditions that the Board determines are necessary to protect
such public or private water supply.
(6)
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 petroleum equipment association as qualified for that purpose.
D.
Renewals of permits and changes of ownership. The owner
of any storage facility shall, within two working days, notify the Board of
Health of any change in the name, address or telephone numbers of the owner
or of the operator. In the case of any transfer of ownership, the new owner
shall be responsible for notification.
A.
All new and replacement tanks shall be designed and constructed
to minimize the risk of corrosion and leakage. Only the following tank construction
systems shall be approved:
(1)
UL-listed fiber glass reinforced plastic (FRP) tanks,
using materials compatible with the product to be stored therein.
(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 fiber glass 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 double-walled steel tanks with cathodic protection
or bonded fiber glass coating and with electrical isolation, a vacuum or air
pressure in the interstitial space and provision for continuous monitoring
of the vacuum or air pressure.
(5)
Any other state-of-the-art type of tank 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 inches by 12 inches in area,
at least one-fourth-inch thick and attached to the bottom of the tank under
each opening.
C.
All new and replacement piping of a storage facility
shall be:
(1)
Protected against corrosion by use of noncorrodible materials
or by use of cathodic protection and electrical isolation and compatible with
the product to be stored in the facility; and
(2)
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
volts, if a copper - copper sulfate reference electrode is used, and of at
least 1.95 volts if a zinc reference electrode is used. Reference electrodes
shall be installed in accordance with the manufacturer's directions.
E.
All submersible pumping systems for new tanks used to
store automotive fuel shall be equipped with emergency shut-off valves under
each dispenser and with delivery line leak detectors. 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 evidence of leakage 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 a petroleum 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 and 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 any 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 Fire Chief shall notify the Board
of Health of such repaired damage, and the Board 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 product, the tank and its piping shall be again tested, separately, at
the owner's expense. The tank shall be tested by any final or precision test,
not involving air pressure, that can accurately detect a leak of 0.05 gallons
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 piping shall be tested hydrostatically to 150% of the maximum anticipated
pressure of the system. The owner shall furnish the Board of Health with a
certified copy of the results of all testing required by the subsection, which
the Board of Health shall keep with the records for the storage facility.
A.
The provisions of this section shall not apply to a tank
with a capacity of less than 1,500 gallons, except for tanks used to store
a liquid petroleum product for retail sale or used to store waste oil or other
waste petroleum products.
B.
Except as provided in Subsection A, the operator of every new and existing storage facility 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 5.05(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 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 and the Board of Health;
(b)
The owner shall, within three working days, have the steps taken for that tank or combination and its components that are outlined in § 112-8A; 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 any professionally qualified person who has been approved by the Board of Health; and the person performing such analysis shall promptly submit certified copies of the results to the Board of Health and to the owner; and, if the Board of Health, 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 Board shall so notify the owner, and the owner shall, within three working days, have the steps taken that are outlined in § 112-8A with respect to that tank or combination and its components.
(4)
An "abnormal gain of water" shall mean a gain in the
water level inside any tank of more than one inch in a twenty-four-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 Quality Engineering (DEQE) and have the water level checked 24 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 § 112-8A.
(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 the DEQE.
(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 Board of Health 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 Board of Health. The Board shall keep its copy with the records of that facility. If the Board 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 § 112-8A 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 Board of Health, in addition to the Fire Chief and
state public safety officials, shall have access to all inventory records
required by this section.
A.
If the probability of a leak is indicated by inventory control procedures under § 112-7 or by a monitoring system or by a line leak detector or by the malfunctioning of a suction pump or by the presence of product or product fumes in the surrounding area, of otherwise, the owner shall, within three working days, have the following steps taken, at the owner's expense:
(1)
Have the readily accessible physical facilities on the
premises carefully inspected for evidence of leakage.
(2)
If the inspection does not confirm a leak and if the
piping can be tested without the need for excavation, have the piping tested.
(3)
If that testing fails to confirm a leak or if the piping
cannot be tested without excavation, have the tank tested.
(4)
If that testing fails to confirm a leak, excavate and have the piping tested. If the inspections and testing outlined above fail to confirm a leak and if there is continuing evidence of probable leak, the Board of Health may order the owner and operator to take the steps outlined in § 112-9. In the case of a combination of interconnected tanks, each tank and its components shall be tested separately.
B.
If any of the testing specified in Subsection A discloses a leak, the operator and owner shall comply immediately with the requirements of § 112-9, and the Board of Health 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.
The provisions of this section shall not be applicable to any storage facility to which the inventory control provisions of § 112-7 are applicable and shall not be applicable to any other storage facility consisting exclusively of one or more double-walled tanks, each equipped with a monitoring system, together with an automatic audible or visual alarm, between the two walls.
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
Quality Engineering (OIR-DEQE).
(2)
The owner shall promptly verify that the Fire Chief and
OIR-DEQE have been notified and shall notify the Board of Health.
(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 petroleum product.
(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 petroleum product.
B.
Until the arrival of a representative of the OIR-DEQE, the Fire Chief shall take charge of all emergency containment procedures and shall verify that all steps required under Subsection A have been taken.
C.
The owner, the Fire Chief and the Board of Health shall
cooperate with the OIR-DEQE 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 the DEQE.
D.
The Board of Health 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 and
the Fire Chief of its decision.
(1)
In making its decision, the Board shall 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 (7-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.
(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.
E.
If the Board permits the repair of any leaking tank,
the Board shall require that the tank and its piping be tested, at the owner's
expense and prior to being restored to service, at two year intervals for
10 years and annually thereafter.
F.
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 No. 1631, First Edition, 1983,
or any subsequent edition as it may appear.
G.
If the Board of Health 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. 148, § 38A, as amended. Any removal
shall be completed within 90 days after the Board of Health has notified the
owner of its decision.
H.
The owner shall be responsible for all costs of reclaiming,
recovering and properly disposing of any product 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 the DEQE.
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 and the Board of Health of
this decision and, subject to the directions of the Fire Chief, have all the
petroleum product removed from the tank, by hand pump, if necessary, and the
tank filled with sand or other inert 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 who has decided to abandon it and any owner of a tank that has in fact been out of service for a period of time constituting abandonment, as defined in § 112-3, shall immediately obtain a permit from the Fire Chief pursuant to MGL c. 148, § 38A, as amended, and, subject to the directions of the Fire Chief, have any petroleum product removed from the tank, all tank openings properly secured and the tank removed from the ground. The product and tank shall be disposed of, at the owner's expense, as directed by the Fire Chief.
C.
The owner of a tank which is licensed under Massachusetts
General Laws Chapter 148, as amended, and which 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 petroleum product 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 the Board
of Health and have the water removed and disposed of in a manner approved
by the DEQE. The Board of Health may require that the owner have the tank
and its piping tested, at the owner's expense.
A.
Any owner or operator who violates any provision of this
chapter shall be subject to a fine of $300 for each offense. Each day during
which such violation continues shall constitute a separate offense.
B.
This chapter 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 Board of Health, the Board of Selectmen and the Town Counsel
shall take such legal action as may be necessary to enforce this chapter.
C.
In the event of any violation of this chapter by the owner or operator of a storage facility, the Board of Health, the Selectmen and the Fire Chief, instead of or in addition to requesting enforcement under Subsections A and B, may revoke or suspend the owner's permit or may require more frequent testing than would otherwise be required under § 112-8, and, if a permit is revoked or if a storage facility has been installed or maintained without a permit, the Board 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 Board 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 Board of Health, the Selectmen and the Fire Chief may, after a public
hearing, vary the application of any provision of this chapter, unless otherwise
required by law, when, in its opinion, the applicant has demonstrated that
an equivalent degree of protection will still be provided to public and private
water supplies. Notice of the hearing shall be given by the Board, 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.
