ARTICLE V. - UNDERGROUND STORAGE FACILITIES FOR PETROLEUM PRODUCTS AND HAZARDOUS MATERIALS
Part of the Code of Ordinances of Tiverton, RI.
The text
Sec. 38-161. - Application.#
This article applies to all new and existing underground storage tank facilities at or in which petroleum product(s) and/or hazardous material(s) are or have been stored.
(Ord. of 3-10-97, § 1)
Sec. 38-162. - Definitions.#
DEM or the department of environmental management means the Rhode Island Department of Environmental Management and/or any division thereof.
Hazardous materials means any material defined as a "hazardous substance" by section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 USC 9605), as amended. Hazardous materials shall also include any material defined as "hazardous waste" pursuant to Rhode Island Hazardous Waste Management Act of 1978, as well as any of the following materials: Acetone, ethanol, ethylene oxide, methanol, methylene chloride, and perchloroethylene.
Person means an individual, trust, firm, joint stock company, corporation (including quasi-governmental corporation), partnership, or other unincorporated associations.
Petroleum product means crude oil or any fraction(s) thereof that is liquid at standard conditions of temperature (60 F) and pressure (14.7 pounds per square inch absolute) and includes substances derived from crude oil including, but not limited to the following: Gasoline, fuel oils, diesel oils, waste oils, gasohol, lubricants and solvents.
Tank means a stationary device designed to contain petroleum products or hazardous materials and which is constructed of non-earthen materials that provide structural support.
Tank owner means the owner of the real property on which the underground storage tank is located, unless a different party is identified in the registration documentation filed with D.E.M. or the town.
Underground means ten percent or more of the volume of the facility components (storage tanks and piping) is buried in the ground.
Underground storage tank (UST) system or UST means any one or more underground tanks and their associated components, including piping, used to contain an accumulation of a petroleum product or hazardous material. The system shall include piping whose volume is ten percent or more beneath the surface of the ground.
Unregistered underground storage tank means an underground storage tank not registered either with the town or the department of environmental management.
(Ord. of 3-10-97, § 1)
Sec. 38-163. - Registration of underground storage tanks.#
(a)
Applicability. All owners/operators of UST's shall comply with the registration requirements of this section unless otherwise exempted herein.
(b)
Registration. The owner/operator of a UST shall apply for and obtain a certificate of registration from the town clerk in accordance with the following schedule:
Type of Tank Registration Deadline
All UST's subject to this section of any size storing petroleum products or hazardous materials. September 1, 1997
(c)
Application for registrations. To apply for a certificate of registration, the owner/operator of a UST shall complete, certify and submit to the town clerk, the application forms available from the town clerk, along with the applicable registration fee. Information to be included on the form shall include, but not be limited to, the following:
(1)
Written description of the following:
a.
Tank size, construction material, construction type and material stored.
(2)
A site plan including all of the information listed below:
a.
Location of all tanks, piping and dispensing pumps;
b.
Location of existing or proposed on-site monitoring or observation wells; where applicable;
c.
Description of water service to the facility and properties within 200 feet of the facility site;
d.
Locations of buildings and associated structures on-site;
e.
Boundaries of the facility site; and
f.
North arrow.
(d)
Issuance of registration certificates. The town clerk shall issue a certificate of registration to the owner/operator of an UST upon review and approval of an application and receipt of fees pursuant to this section.
(e)
Registration certificates. All UST owners/operators, except those listed as exempt in subsection (2) below shall obtain their certificate(s) of registration as follows:
(1)
Certificates of registration shall be valid from date of issue.
(2)
The following owners/operators of underground storage tanks are exempt from registration:
a.
Federal, state and local governments, and any agency or department of those governments.
b.
Owners/operators of underground storage tanks which are registered with the department of environmental management.
(3)
Registration fees. All UST owners/operators shall pay to the town a registration fee of five dollars ($5.00) for each underground storage tank so registered.
(4)
Late fees. Owners/operators who fail to pay a registration fee within the time frames specified above shall be subject to a late fee charge of twenty dollars ($20.00) per tank.
(5)
Penalties. Failure to obtain a certificate of registration in accordance with this section shall constitute a violation. and may subject the owner/operator to penalties. Any person violating the provisions of this section shall be fined not more than five hundred dollars ($500.00) for each offense.
(Ord. of 3-10-97, § 1)
Sec. 38-164. - Prohibition against use of unregistered UST's.#
No person shall knowingly put, pour or otherwise cause to be placed any petroleum product or hazardous waste or any combination thereof in any unregistered underground storage tank.
Any person who violates this section shall be fined not more than five hundred dollars ($500.00) for each violation thereof.
(Ord. of 3-10-97, § 1)