§ 8-25. Underground storage systems—Existing.

The following regulations shall apply to all underground storage systems containing toxic or hazardous materials, as defined above.

(1)

Compliance with applicable state regulations. Every owner of an underground storage system for fuel or other hazardous or toxic materials shall comply with 527 CMR 9.00 and all other applicable state regulations for such storage.

(2)

Registration of all existing underground storage systems.

a.

Every owner of an existing underground storage system, as of July 1, 1992, containing toxic or hazardous materials including petroleum products, whether in use or abandoned, shall apply to the fire department for a permit to have a storage facility.

b.

Application shall be made within 60 days on a form provided by the fire department, which shall contain, at a minimum, the following information:

1.

Name, address and telephone numbers of the owner and operator.

2.

Address of storage tank location.

3.

The type of materials stored.

4.

Tank size and construction type for tank and piping.

5.

Evidence of the date of installation and of system warranty (where the age of a tank is unknown, the tank shall be presumed to be 20 years old).

6.

Plot plan of the site, if available, including location of the tank, pumping components, any walls or water bodies, and any subsurface drains.

7.

Appropriate tank location marked on a copy of an 8½″ × 11″ street atlas map or United States Geological Survey topographic map, provided with the fire department's application form.

8.

Leak detection, overall prevention and spill containment devices.

9.

Corrosion prevention, if any.

(3)

Registration tags.

a.

Upon registering the tank with the fire department, the tank owner will receive a permanent metal or plastic tag, embossed with a registration number unique to that tank. This registration tag must be affixed to the fill pipe or in such location as to be visible to any inspector authorized by the city.

b.

Effective June 1, 1993, every petroleum or other chemical distributor, when filling an underground storage tank, shall note on the invoice or bill for the product delivered, the registration number appearing on the tank. Every petroleum or other chemical distributor shall notify the fire department of the existence and location of any unregistered or untagged underground tank, or any tank which the distributor cannot clearly identify as being either above or below ground, which they are requested to fill. Such notification must be completed within two working days of the time the distributor discovers that the tank registration tag is not present.

(4)

Tank removal.

a.

Prior to the removal of an underground storage tank governed by this regulation, the owner shall first obtain a permit from the head of the fire department or the fire marshal, pursuant to M.G.L.A. c. 148.

b.

Before any person is granted a permit by the head of a local fire department or the marshal to remove a tank under the provisions of M.G.L.A. c. 148 or 527 CMR 9.00, and such tank is not being transported to an approved tank yard, the person requesting the permit shall provide the permit granting authority with written approval from the owner/manager of the disposal site. (Reference 502 CMR 3.00 for tank removal and disposal procedure.)

c.

Any person granted a permit by the local fire department or the marshal to remove a tank under the provisions of M.G.L.A. c. 148 or 527 CMR 9.00 shall, within 72 hours, provide the permit granting authority with a receipt for delivery of such tank to the site designated on the permit.

(5)

Costs. In every case, the owner shall assume responsibility for costs incurred necessary to comply with this regulation.

(6)

Abandoned tanks. Underground tanks or storage systems which are abandoned or temporarily out of service must comply with Massachusetts Board of Fire Prevention regulations under 527 CMR 9.22-23. All abandoned tanks must be drained and removed or otherwise brought into compliance with state regulations as specified in 527 CMR 9.22-23.

(7)

Fees for registration. These permits shall be in addition to any license or permit required by M.G.L.A. c. 148, as amended, or any regulations issued thereunder. There is no fee for this permit.

(8)

Transfer of ownership. If the ownership of any underground storage system is transferred, the seller shall notify the fire department within ten working days. Any tanks 20 years or older, without cathodic protection or other leak prevention devices, shall be removed under the supervision of the fire chief. This provision may be waived if the tank owner can prove, through testing to the satisfaction of the fire chief, the tank and piping are tight. If proof of date of installation is not known, the tank will be assumed to be 20 years old.

(Ord. No. 1082, §§ 8-216—8-224, 2-6-92)