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Home My Public Portal AboutResidential Fuel Storage Tank Regulations 4 4� Town of Brewster ok o� RR °9 � �'� Health Department J 2198 Main Street Brewster Massachusetts 02631 - 1898 4v P \` ( 508 ) 896-3701 Ext. 1120 e. Igo A/i///�i//////Npllll11111U11111��\\\� FAX ( 508 ) 896 -8089 RESIDENTIAL FUEL STORAGE TANK REGULATIONS PURPOSE : Whereas, leaking fuel storage tanks pose an immediate and serious threat to Cape Cod ' s sole source aquifer, therefore, under Chapter 111 , Section 31 , of the Massachusetts General Laws, the Brewster Board of Health hereby adopts the following amended regulation to protect the ground and surface waters from contamination with liquid toxic or hazardous materials. The following regulations shall apply to : A . All underground tanks containing toxic or hazardous materials which are not currently regulated under 527 CMR 1 . 00 Chapter 66-Flammable and Combustible Liquids . Be All tanks containing fuel oil, whose contents are used exclusively for consumption on the premises, Co Farm and residential tanks of 1 , 100 gallon capacity or less, used for storing fuel for non-commercial purposes . DEFINITIONS : I "Aboveground storage tank" (AST) is defined as any tank located above the ground to store fuel oil for the purpose of heating . "Toxic or hazardous materials" is defined as all liquid hydrocarbon products including, but not limited to, gasoline, fuel and diesel oil, and any other . toxic or corrosive chemicals , radioactive materials or other substance controlled as being toxic or hazardous by the Division of Hazardous Waste of the Commonwealth of Massachusetts, under the provision of Massachusetts General Laws , Chapter 21C, Section 1, et. Seq. "Underground storage tank" (UST) shall be defined as any tank located below the ground to store fuel oil for the purposes of heating. Section 1 , UST Identification 141 Any petroleum and other chemical distributor shall notify the Board of Health of the existence and location of any unregistered or untagged UST which they are requested to fill . Such notification must be completed within two (2) working days of the time the distributor discovers that the tank registration tag is not affixed to the fill pipe . 1 Section 2 . Testing of underground fuel storage tanks 2261 The tank owner shall have each tank and its piping tested for tightness fifteen ( 15) years after installation and annually beginning twenty (20) years after installation . A tank shall be tested by any final or precision test, not involving air pressure that can accurately detect a leak of 0 . 05 gal/hr, after adjustment for relevant variables, such as temperature change and tank end deflection,, or by any other testing system approved by the Board of Health, as providing equivalent safety and effectiveness . Piping shall be tested hydrostatically to 150 percent of the maximum anticipated pressure of the system . Certification of the testing shall be submitted to the Board of Health by the owner, at the owner ' s expense, for a tank subject to the testing requirements of this regulation . Tanks currently tested under the provisions of 527 CMR •1 . 00 , Sections 1 , 12 . 8 . 40 and 1 . 12 . 8 . 50 . 1 are exempt from this section . Section 3 . Installation/Maintenance of heating fuel storages stem ; 3_1 Following the effective date of this regulation installation of residential UST ' s is prohibited within the Town of Brewster . 3_2 No permits will be issued for single walled tanks . 3 . 3 All new construction where AST ' s (inside and outside) are installed must provide 110% containment capacity to prevent contamination from leaks that may occur. The area beneath the tank shall be a 4- inch thick continuous concrete slab extending eight ( 8) inches beyond the perimeter of the tank. Double walled fuel oil storage tanks may be substituted for containment devices . Exterior fuel oil storage tanks must be covered with substantial impermeable construction material to prevent water accumulation within the containment in such a way that satisfies the Board of Health and the Fire Department. The fuel oil storage tank or containment device must be approved by the Fire Department before installation occurs . 304 All residential replacement AST' s shall be replaced with the double walled fuel oil storage tanks that provide 110 % containment capacity to prevent contamination from leaks that may occur. The area beneath the fuel oil storage tank shall be a 4- inch thick continuous concrete slab extending eight ( 8 ) inches beyond the perimeter of the tank. All aboveground elements of a fuel storage system shall be maintained free of leaks and visible rust. 3_5 At the time of property transfer all single walled AST ' s shall be replaced with the double walled fuel oil storage tanks or shall provide 110% containment capacity to prevent contamination from leaks that may occur. Exterior fuel oil storage tanks must be covered with substantial impermeable construction material to prevent water accumulation within containment in such a way that it satisfies the Board of Health and the Fire Department. 3_6 Sellers and buyers who transfer an existing structure with an AST with the intent to demolish and replace the AST with a double walled fuel oil tank or convert to a gas system may apply to the Board of Health or its Director for exemption from this regulation . The seller and the buyer shall apply together in writing showing that both parties have agreed to the arrangements and accept joint responsibility for the installation of the new tank or gas system. A proposed time frame for the demolition and installation shall be submitted at the time of application . 3 7 All underground fuel copper lines that do not have secondary containment must be replaced with an approved double-containment system when any service to the system requiring a permit is performed or when property ownership is transferred if lines are underground including basement foundations . 308 All in4ank or interstitial-space monitoring systems shall be checked on a monthly basis to verify system integrity . 3_9 Prior to the installation of any AST governed by this regulation, the owner shall first obtain a 2 r permit from the head of the local Fire Department, pursuant to M. G . L . , C . 148 or 527 CMR 9 . 00 . Section 4 . Report of leaks or spills 4_l Any person who is aware of a spill, loss of product, or unaccounted for increase in consumption which may indicate a leak shall report such spill, loss, or increase immediately to the head of the Fire Department and to the Board of Health . f Section 5 . Tank Removal (underground and above roundl 501 UST' s shall be removed and properly disposed of after thirty (3 0) years from installation or prior to the € transfer of title of land where an UST exists . t 5_2 Prior to the removal of any fuel oil storage tanks governed by this regulation, the owner shall first obtain a permit fi•om the head of the Fire Department, pursuant to M. G.L . , C . 148 . 5_3 Beforeany person is granted a permit by the Marshal or the head of the Fire Department to remove a tank under the provisions of M. G .L . , C . 148 or 527 CMR 1 . 00, Sections 66 .21 . 7 . 4 . 3 . 6 and 66 .21 . 7 . 4 . 3 . 7 that 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) . 5_4 Any person granted a permit by the Marshal or the head of the Fire Department to remove a tank under the provisions of M. G .L . , Co 148 or 527 CMR 1 . 00, Section 1 . 12 . 8 . 40 . 1 . 1 . 2, shall within 72 hours of the permit granting provide the permit-granting authority with a receipt for delivery of said tank to the site designated on the permit. Section 6 . Costs 6_1 In every case, the owner shall assume the responsibility for costs incurred necessary to comply with this regulation. Section 7 . Variances 771 A variance from this regulation may be granted by the Board of Health after a hearing at which the applicant establishes the following: A . The enforcement thereof would do manifest injustice; B . The existing above ground tank is less than ten ( 10) years of age, has been Inspected, and has been certified to be in full compliance with current regulations, ; and C . At ten ( 10) years of age the single walled tank would be required to be replaced with a double walled tank or to provide 110% containment. In granting a variance, the Board shall take into consideration the direction of the groundwater flow, soil condition, depth to ground water, size, shape, and slope of the lot and existing and known future water supplies . Section 8 . Severability 8_l Provisions of this regulation are severable and if any provision hereof shall be held invalid under any circumstances, such invalidity shall not affect any other provisions or circumstances . 3 Adopted : December 15 , 1987 Effective : March 15 , 1988 Amended : June 7 , 2005 Effective : October 1 , 2005 Amended : February 26 , 2006 Effective : Upon publication Amended : June 18 , 2013 Effective : June 28 , 2013 Amended : June 2 , 2015 Eff ctive : Ju 2 2015 Lemuel cidmore , MS , MPH Maty Chaffee, RN Anm Duga Carmen Scherzo, D Joe rd Town Clerlc 4