VOTED: to enact the following bylaw relating to underground fuel storage systems.
Section 1. Authority, Purpose, and Definitions
1.1 Authority
This bylaw is adopted by the Town of Concord under its home rule powers, its police powers to protect the public health, safety and welfare, and its authority under Massachusetts General Laws, Chapter 40, §21, Chapter 111, §31, and Chapter 148, §9.
1.2 Purpose
This bylaw is intended to control the use and maintenance of underground fuel storage systems used to store fuel oil in order to
a. protect the groundwater, groundwater recharge areas, surface waters and the natural environment of the Town against contamination resulting from underground tank leaks due to tank corrosion, improper installation or other causes, and
b. assure public health and safety through the proper management of fuel oil.
1.3 Definitions
1.3.1 “Effective Date” means the date on which this bylaw is approved at Town Meeting.
1.3.2 “Fire Chief” means the Fire Chief of the Town of Concord and shall include any designee of the Fire Chief.
1.3.3 “Fuel Oil” means any liquid hydrocarbon product, other than gasoline, including without limitation home heating oil, number 2 fuel oil, and diesel oil.
1.3.4 “Owners or Operators” means each and every person who alone or severally with others has legal title to any property on which is located any underground fuel storage system subject to this bylaw; or a tenant, licensee or person in possession, who has care, charge or control of any such property, in any capacity including without limitation as agent, executor, administrator, trustee or guardian of the estate of the holder of legal title; or agent, trustee or a person appointed by a court of competent jurisdiction; or a mortgagee in possession of such property. Each and every such person is bound to comply with the provisions of this bylaw as if he were an owner.
1.3.5 “Storage” means the holding of any fuel oil for more than 24 hours.
1.3.6 “Storage System” means one or more tank(s), and all connecting pipes, valves, or other devices appurtenant thereto.
1.3.7 “Underground Fuel Storage System” means a system in which ten percent (10%) or more of the volume of tanks, connecting pipes, valves or other devices are buried below the surface of the ground unless otherwise specified by the Board of Health. An underground fuel storage system shall not include (a) storage systems used to store motor fuel (including diesel) for commercial purposes, (b) a storage system situated upon or above the surface of the floor in an underground area, such as the basement of a home, or an underground vault having cement floor and cement sides.
Section 2. Registration of Existing Underground Fuel Storage Systems
2.1 Within six months of the effective date of this bylaw, the owner or operator of each underground fuel storage system shall file with the Fire Chief a form setting forth the size, type, age (with proof of age), contents and location of such system and pay a one-time registration fee to cover the administrative costs associated with the registration. This form shall be made available to the public by the Fire Chief. The age of the underground fuel storage system is to be measured from the date it was first installed. If the owner cannot document the age of the system to the satisfaction of the Fire Chief, it shall be presumed to have been installed seventeen years prior to the effective date of this bylaw. Upon satisfactory completion of the registration form and payment of the registration fee, the Fire
Chief shall issue to the owner a registration tag, which shall be affixed by the owner to the fill pipe. Any changes in the information contained in the initial registration application, including any change in the use of the underground fuel storage system, shall be reported immediately by the owner to the Fire Chief.
Section 3. Installation of Underground Fuel Storage System
3.1 In the absence of a variance granted by the Board of Health pursuant to Section 4, no underground fuel storage systems shall be installed in the Town of Concord after the effective date of this bylaw.
Section 4. Variances
4.1 The Board of Health may, after receiving comment from the Fire Chief, and after a public hearing, vary the application of this bylaw in accordance with the provisions of this section. Notice of the hearing shall be given by the Board of Health, at the applicant’s expense, at least ten days prior thereto, by certified mail to all abutters to the property on which the proposed underground fuel storage system is to be located. 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.
4.2 In considering the variance request, the Board of Health shall take into consideration factors such as the type of the proposed underground fuel storage system, direction of the groundwater flow, soil conditions, depth to groundwater, size, shape and slope of the lot, and proximity of existing and potential water supplies. No variance shall be granted unless the Board of Health finds that the variance, as granted, would result in substantially the same degree of environmental protection as required by this bylaw.
Section 5. Administration and Enforcement
5.1 This bylaw shall be administered by the Fire Chief.
5.2 Any owner or fuel oil distributor who violates any provision of this bylaw shall be subject up to a fine of one hundred dollars for each offense, as allowed under M.G.L. Chapter 40, §21D. Each day during which such violation continues shall constitute a separate offense. Upon request of the Board of Health, the Town Manager may take legal action as may be necessary to enforce this bylaw.
Section 6. Severability
6.1 Each provision of this bylaw shall be construed as separate, to the end that if any part or sentence, clause or phrase shall be held invalid for any reason, the remainder shall continue in full force and effect.
Section 7. Conflict with APP #22
7.1 To the extent of any discrepancy between this bylaw and the relevant provisions of Administration Policy and Procedure #22, this bylaw shall control.
Article 45, Town Meeting, April 1993
(see also APP #22, Storage of Inflammable Materials and Explosives, 6/19/80)
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