Whereas, leaking fuel storage tanks pose an immediate and serious threat to Cape Cod's sole source aquifer, and,
Whereas, the Town of Brewster does not have records to locate all such tanks installed with the Town,
Therefore, under Chapter 111, Section 31, of the Massachusetts General Laws, the Brewster Board of Health hereby adopts the following revised regulation to protect the ground and surface waters from contamination with liquid toxic or hazardous materials.
"Toxic or hazardous materials" shall be 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 I, et. Seq.
"Above ground tank" AGT shall be defined as any tank located above the ground to store fuel oil for the purpose of heating.
The following regulations shall apply to (A) all underground tanks containing toxic or hazardous materials as defined above which are not currently regulated under 527 CMR 9.00 - Tanks and Containers, to (B) all tanks containing fuel oil, whose contents are used exclusively for consumption on the premises, and to (C) farm and residential tanks of 1,100 gallon capacity or less, used for storing fuel for non-commercial purposes.
Section 1. Installation of Underground Storage Tanks (UST)
1-1. Following the effective date of this regulation, the installation of all underground fuel, gasoline or other chemical storage tanks shall conform with the following criteria:
In that the United States Environmental Protection Agency designated the Town of Brewster as overlying a sole source acquifer, secondary containment and an approved intank or interstitial space monitoring system shall be required for new or replacement tanks.
2-1. Owners shall file with the Board of Health, the size, type, age and location of each tank, and the type of fuel or chemical stored in them. Evidence of date of purchase and installation, including fire department permit, if any, shall be included along with a sketch map showing the location of such tanks on the property. Upon registering the tank with the Board of Health, 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 in such a location as to be visible to any distributor when filling the tank and to any inspector authorized by the Town.
2-2. Every petroleum and 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 tag affixed to the tank which was filled. Every petroleum and other chemical distributor shall notify the Board of Health of the existence and location of any unregistered or untagged tank 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.
3-1. The tank owner shall have each tank and its piping tested for tightness fifteen (15) years after installation and annually after twenty (20) years. 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. Those tanks subject to the testing requirements of this regulation shall submit the certification of testing to the Board of Health. Tanks which are currently tested under the provisions of 527 CMR 9.18 are exempt from this section.
Section 4. Installation/Maintenance of heating fuel storage system:
4-1. Following the effective date of this regulation installation of underground fuel oil storage tanks shall be prohibited within the Town of Brewster.
4-2. All new construction where above ground fuel oil storage tanks (inside and outside) are installed shall be required to 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 the containment in such a way that satisfies the Board of Health and the Fire Department. The area beneath the exterior shall be a 4 inch thick continuous concrete slab, 8 inches beyond the perimeter of the tank. Double walled fuel oil storage tanks could be substituted for containment devices. The fuel oil storage tank or containment device must be approved by the Fire Department before installation occurs. No permits will be issued for single walled tanks.
4-3. At the time of property transfer all AGT's shall be required to be replaced with the Double walled fuel oil storage tanks or shall be required to 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. The area beneath the exterior tank shall be a 4-inch thick continuous concrete slab, 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.
4-4. All underground fuel copper lines which do not have secondary containment shall 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.
4-5. All in-tank or interstitial-space monitoring systems shall be checked on a monthly basis to verify system integrity.
4.6 Sellers and buyers who transfer an existing structure with an AGT with the intent to demolish and replace the AGT 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 must apply together in writing showing that both parties have agreed to the arrangements and accept joint responsibility for seeing that the new tank or gas system is installed. A proposed time frame for the demolition and installation must be submitted at the time of application.
5-1. 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.
6-1. Underground fuel oil tanks must be removed and properly disposed of after 30 years or prior to the transfer of title of land where an underground storage tank exists.
6-2. Prior to the removal of any underground storage tanks governed by this regulation, the owner shall first obtain a permit from the head of the Fire Department, pursuant to M.G.L., C. 148.
6-3. Any person granted a permit by the Marshal or the head of the local fire department to remove a tank under the provisions of M.G.L., C. 148 or 527 CMR 9.00, shall within 72 hours provide the permit granting authority with a receipt for delivery of said tank to the site designated on the permit.
6-4. Before any person is granted a permit by the Marshal or the head of the local fire department to remove a tank under the provisions of M.G.L., C. 148 or 527 CMR 9.00, and said 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).
7-1. In every case, the owner shall assume the responsibility for costs incurred necessary to comply with this regulation.
8-1. Variances from this regulation may be granted by the Board of Health after a hearing at which the applicant establishes the following:
inspected and has been certified to be in full compliance with current regulations. At 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 will take into consideration the direction of thegroundwater flow, soil condition, depth to ground water, size, shape and slope of the lot and existing and known future water supplies.
9-1. 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.
Adopted: December 15, 1987
Effective: March 15, 1988
Amended: June 7, 2005
Effective: October 1, 2005
Amended: February 26, 2006
Effective: Upon publication
Ed Wanamaker, Chairman Raquel Ellis, Vice-Chairman
Joanne Hughes James M. Reynolds
Brewster Town Offices
2198 Main St
Brewster, MA 02631