[HISTORY: Adopted by the Board of Health
of the Town of Yarmouth 3-5-1984. Amendments noted where applicable.]
These regulations are promulgated by the Yarmouth
Board of Health, Town of Yarmouth, Massachusetts, pursuant to authority
established under the provisions of MGL c. 111, § 31.
The purpose of these regulations is to protect
the ground- and surface waters of the Town of Yarmouth from direct
or potential contamination by toxic and/or hazardous materials, which
contamination could result from the improper storage or handling of
such materials or from leaking subsurface storage tanks, underground
feeder lines and pipe connections.
The provisions of these regulations shall be
applicable to owners or operators of toxic and hazardous material
subsurface storage tank systems which are located within the Town
of Yarmouth and as further defined under procedures below.
As used in this chapter, the following terms
shall have the meanings indicated:
Any lessee, person(s) or corporation(s) in control of and/or
having responsibility for the daily operation of a facility for the
storage and/or dispensing of flammable and combustible liquids or
chemical substances.
Any person(s), corporation(s) or trust(s) who or which owns,
as real property, the subsurface tank storage system(s) used for the
storage and dispensing of flammable and combustible liquids or chemical
substances.
Includes, but is not limited to, subsurface storage tanks,
connector pipes, drums, barrels and similar containers.
Any substance, solution or mixture thereof which, because
of its quality, concentration, physical, chemical or infectious characteristics,
may present a potential hazard to human health when introduced into
a drinking water supply, except sanitary wastewater from hygiene and
food preparation for residents, employees and patrons. This includes,
but is not limited to, the list of hazardous substances found in 40
CFR 116, the list of toxic substances found in Section 307 of the
Federal Clean Water Act of 1977,[1] chemical constituents specified in Tables C and D of the
Drinking Water Regulations of Massachusetts in concentrations greater
than drinking water limits, acids and alkalines beyond the pH range
of 5.5 through 8.5, heavy metal wastes and solutions, petroleum products,
including fuels and waste oils, organic solvents and any solid material
which, if exposed to water, will partially dissolve, forming a toxic
or hazardous liquid. Also included are any substances, items, solutions
or mixtures which have been determined to be toxic or hazardous materials
by any federal, state or local agency, bureau or board and any other
substances, items, solutions or mixtures which have been adjudicated
by any court to be toxic or hazardous materials.
[1]
Editor's Note: For the Clean Water Act, see
33 U.S.C. § 1251 et seq.
A.
Commercial. Owners or operators of commercial subsurface
toxic and/or hazardous materials storage tanks shall:
(1)
File with the Yarmouth Board of Health not later than
90 days following the effective date of these regulations evidence
of such storage facilities, indicating size (capacity) of tank(s),
type of tank(s), age and location of tank(s) and type of material(s)
stored.
(2)
Maintain a daily (workday) inventory of toxic or hazardous
materials storage, to include date and amount of bulk receipts and
a current record of reconciliation between receipts and dispensing,
and make such records available to agent(s) of the Yarmouth Board
of Health upon demand.
(3)
Arrange for a Petro-tite test or equivalent safety
and effectiveness test approved by the Fire Department or Board of
Health of the Town on all subsurface storage tanks and feeder lines
having an age of 15 years or more and each year thereafter. A copy
of the certificate of test results will be filed with the Yarmouth
Board of Health and the Office of Licenses and Permits within 24 hours
from receipt of test results. All testing shall be at the expense
of owner(s) or operator(s).
(4)
Within two hours following the discovery or knowledge
of leak detections in subsurface storage tanks containing toxic or
hazardous materials, simultaneously report such information and circumstances
as may be known to the Chief of the Yarmouth Fire Department or his
designee, Superintendent of the Yarmouth Water Department and the
Yarmouth Board of Health. Initial reports shall contain, as a minimum,
information as to type and estimated amount of material believed to
have leaked.
(5)
Upon order of the Yarmouth Board of Health and under
the direction of the Chief of the Yarmouth Fire Department or his
designee, arrange for the prompt emptying of materials remaining in
the defective tank.
(6)
If, in the judgment of the agent of the Board of Health
or Chief of the Yarmouth Fire Department, subsurface storage tanks
containing toxic or hazardous materials for which evidence of installation
date is not available, upon the order of the Board of Health, undergo
appropriate test procedures or be exposed for inspection and/or testing.
If the storage tank is considered to be not product-tight or indicates
extensive deterioration, the storage tank shall be emptied and removed
or made inoperative within 24 hours from the time of such order.
B.
Residential.
(1)
Owners or operators of residential subsurface fuel
(heating fuel, diesel fuel, gasoline, kerosene, etc.) storage tanks
shall:
(a)
Within two hours following the discovery of
any significant increase in fuel usage, file a report of such circumstances
with the Board of Health and the Chief of the Yarmouth Fire Department
or his designee.
(b)
Upon evidence or determination by the agent
of the Board of Health that a subsurface fuel storage tank is considered
to be not product-tight, arrange for the prompt emptying of remaining
fuel in the defective subsurface tank(s), and thereafter the tank(s)
shall be removed or made inoperative; the emptying and/or removal
of subsurface fuel storage tanks shall be accomplished only under
the direction of the Chief of the Yarmouth Fire Department or his
designee.
(2)
Commercial suppliers of fuels to residential subsurface
fuel storage tanks who believe greater than normal fuel usage is occurring
or become aware by visual evidence that a defective subsurface fuel
storage tank exists shall report such facts and circumstances without
delay to the Chief of the Yarmouth Fire Department and the Board of
Health.
A.
Plans and specifications for storage tanks, commercial
or residential, intended to store toxic and/or hazardous materials,
whether an original or replacement installation, and where said tank
shall be in excess of 1,000 gallons, or where an additional tank at
the site where previous tanks existed shall constitute a total capacity
on the site of an excess of 1,000 gallons, then, in either of these
two events, shall be required to be submitted to the Board of Health.
Plans and specifications of said storage facility and its appurtenant
parts shall be submitted in five copies, with the application for
installation of the storage tank, and said plans and specifications
shall be drawn and certified by a registered professional engineer
who has been trained in the discipline of civil, mechanical or sanitary
engineering. After said installation is made of any tank over 1,000
gallons or of any additional tank where the total of the tanks on
the site is in excess of 1,000 gallons, the Board of Health may require
that the installation of said tank be certified to the Board of Health
by a registered professional engineer, who has been trained in the
discipline of civil, mechanical or sanitary engineering, that said
installation was installed properly and correctly and/or in compliance
with the installation plans.
B.
The installation of subsurface storage tanks, commercial
or residential, intended to store toxic and/or hazardous materials,
whether an original or replacement installation, shall be installed
as provided by Massachusetts Fire Prevention Regulations CMR No. 527
and the manufacturer's specifications and under the direction of the
Chief of the Yarmouth Fire Department or his designee. Storage tanks
shall be of approved design and protected from corrosive actions.
The following type tank construction systems are considered to provide
adequate corrosion-resistant protection:
(1)
All fiberglass construction;
(2)
Internally lined with noncorrosive steel with bonded
fiberglass or enamel outer coating;
(3)
Internally lined steel with Steel Tank Institute three-way
protection system; and
(4)
Any other type system as may be shown to the satisfaction
of the Chief of the Yarmouth Fire Department or his designee to provide
equivalent protection.
C.
No new installation of subsurface fuel storage tanks
shall be installed within a two-thousand-five-hundred-foot radius
of a public water supply well.
D.
The Board of Health may require the installation of
one or more groundwater observation wells at any new or existing site
where fuel, gasoline or other chemicals are stored underground within
2,500 feet of a public or private water supply well. Water samples
from such observation wells may be required by the Board of Health
and shall be analyzed at the expense of the owner(s) or operator(s).
E.
Subsurface fuel storage tanks which may be installed
on the effective date of these regulations shall comply with all applicable
provisions of these regulations.
Request(s) for variances from the provisions
of these regulations will be submitted in writing to the Yarmouth
Board of Health, setting forth the facts and circumstances in support
of such request.
Failure to comply with any or all of the provisions
of these regulations or upon established evidence of violations hereof
could result in a fine, running for the duration of the violation
or noncompliance, in an amount not to exceed $200 per day. Each day
on which the violation continues shall constitute a separate offense.
If any section, paragraph, sentence, clause,
phrase or word of the regulations herein shall be judged invalid for
any reason whatsoever, that decision shall not affect any other portion
of the regulations herein which shall remain in full force and effect,
and to this end the provisions of the regulations herein are hereby
declared severable.
The Yarmouth Board of Health reserves the right
to adopt additional regulations, as deemed necessary, or restrict
or delete any of the herein mentioned regulations in the best interests
of the Town of Yarmouth.
