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Section 4: Storage Tank Removal
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- No above ground fuel and chemical storage tank shall be removed without first obtaining a permit from the Orleans Fire Department, pursuant to M.G.L., c.148.
- If at any time evidence of leakage from any above ground storage tank is discovered, that storage tank shall be removed under the supervision of a Licensed Site Professional (LSP).
- Indoor above ground single wall fuel and chemical storage tanks: All existing indoor above ground single wall fuel storage tank and associated piping not meeting the design standards set forth in Section 3 of this regulation shall be removed as set forth below. If the date of installation is unknown, it shall be considered an imminent danger to public health and safety, shall be termed “FAILED” and shall be removed within eighteen (18) months after notification by the Orleans Fire Department that the tank is condemned. The burden of proof of installation is the responsibility of the property owner.
The required dates for removal are as follows:
Installed
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Required date of removal of indoor above ground
residential/commercial fuel or chemical storage tank
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Prior to July 1, 1992
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January 1, 2023
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Prior to July 1, 1998
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January 1, 2024
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After July 1, 1998
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25 Years after the date of installation
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- Outdoor above ground single wall fuel and chemical storage tanks: All existing outdoor above ground fuel or chemical storage tank and associated piping not meeting the design standards set forth in Section 3 of this regulation shall be removed as set forth below. If the date of installation is unknown, it shall be considered an imminent danger to public health and safety, shall be termed “FAILED,” and shall be removed within eighteen (18) months after notification by the Orleans Fire Department that the tank is condemned. The burden of proof of installation is the responsibility of the property owner.
The required dates for removal are as follows:
Installed
|
Required date of removal of outdoor above ground
residential/commercial fuel or chemical storage tank
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Prior to July 1, 2008
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January 1, 2023
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Prior to July 1, 2013
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January 1, 2024
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After July 1, 2013
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10 Years after the date of Installation
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- Transfer of Property/New Construction: Prior to the date of transfer of property, all above ground fuel and chemical storage tanks and associated piping not meeting the design standards set forth in Section 3 of this regulation shall be replaced with a double walled above ground tank with an interstitial monitoring device as described in Section
3.2 of the regulation. All associated piping shall be enclosed with a continuous non- metallic sleeve and safety valve on the supply line as described in Section 3.2 of this regulation.
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- Any person issued an order by the Orleans Fire Department to remove an above ground storage tank, under provisions of Chapter 148 of the General Laws or 527 CMR 1.00, shall, within seventy-two (72) hours, apply for a permit to remove such tank and make a good faith effort to remove the tank within the time frame specified in such order.
- The removal of any fuel or chemical storage tank system must be inspected by the Orleans Fire Department. A request for an inspection must be made with the Fire Department within twenty-four hours of the completion of the removal.
Orleans Board of Health Regulations Above Ground Fuel and Chemical Storage Tank Regulation
Purpose
To prevent toxic/hazardous material leaking from storage tanks, which poses an immediate and serious threat to Cape Cod’s sole source aquifer, surface water and public health and safety.
Preamble
The Orleans Board of Health, in collaboration with the Orleans Fire Department, has developed these regulations for the purpose of preventing toxic/hazardous material (heating oil) leaking from corroded storage tanks. Oil leaks pose an immediate and serious threat to Cape Cod’s sole source aquifer, surface water and public health and safety.
An oil leak clean up from a home heating system can cost the homeowner anywhere from $20,000 to $50,000 and beyond. Outdoor fuel storage tanks are exposed to the elements and tend to rust from both the inside and outside. Indoor fuel storage tanks primarily rust from the inside. Unfortunately, there is no reliable testing method to determine if a tank is corroding from the inside or not. The Department of Environmental Protection recommends replacing outdoor single wall tanks after ten years and replacing indoor, single wall tanks after 30 years.
Scope
Regulating above ground storage tanks (ASTs) containing liquid fuel or toxic/hazardous material including but not limited to heating fuel for residential and commercial buildings in the Town of Orleans.
Authority
Under provisions of Chapter 111, Section 31, of the Massachusetts General Laws, the Orleans Board of Health hereby adopts the following regulations to protect groundwater and surface water from contamination with toxic/hazardous material from leaking storage tanks.
Down complete document below.