502 CMR, § 5.04

Current through Register 1533, October 25, 2024

Section 5.04 - Permit Requirements

(1)General Provisions. Pursuant to M.G.L. c. 148, § 37, no person shall construct, maintain, or use any aboveground storage tank of more than 10,000 gallons capacity, for the storage of any fluid other than water, without first securing a permit therefore from the Marshal. A permit to construct or perform maintenance on a tank may be issued by the Marshal only after a completed application and supporting documents have been submitted, reviewed and approved in accordance with 502 CMR 5.04. The permit may be issued with certain conditions or contingencies.

(2)Application for a Permit to Construct a Tank. The applicant shall complete and submit to the Marshal, at least 30 days in advance of the construction of such tank, the prescribed construction permit application form, permit fee and the following documents, in triplicate:

(a) A plot plan certified by an Engineer or Surveyor. Said plot plan must clearly indicate the following:

1. The existence of any nearby bodies of water, water courses, or public water supplies within and adjacent to the property;

2. Proximity to any and all utility lines, cables or pipes within and adjacent to the property, whether above or below ground level and whether active or inactive;

3. The existence of any public or private ways immediately adjacent to the property;

4. Existence of any nearby building(s) and/or AST(s);

5. All property boundaries;

6. The distance of the tank(s) to the property boundaries; and

7. Distance of tanks to potentially incompatible materials.

(b) A foundation/footing plan, which includes:

1. Construction details;

2. The dimensional details of the foundation;

3. The conclusions of the geotechnical investigation; and

4. Statement that the soil is capable to support the proposed foundation/footings.

(c)Permit Expiration. The subject tank work shall commence within six months from the date the permit was issued and must be completed within one year of commencement. If the work has not started or is not completed during the stated time periods, a permit shall be deemed expired and a new permit shall be required, unless a written extension is granted by the Marshal. Such an extension may be granted only if the applicant can demonstrate that such a delay was not deliberate and that such delay will not cause potential harm to the general public or the environment.

(d)Notification and Approval of Changes or Alterations. Prior to completion, the Marshal shall be given written notification of any modifications to any details contained in the original application submission. Any modifications shall be approved by the Marshal in writing.

(e)Conference and Communications with the Marshal. An applicant may request a conference with the Marshal prior to the application, commencement of any construction or maintenance of any aboveground storage tank. In large projects, specific work phases indicating stopping points and possible inspection may be discussed at the conference to facilitate the process. If inspections are required during the construction, no work shall continue on the next phase unless the Marshal has approved the previously completed phase.

(f)Additional Requirements. The Marshal may order the owner of any tank, in writing, to meet additional requirements for that tank: