(A)   Any person who has lawful control of an underground storage tank, with a capacity of 500 gallons or more, containing gasoline, waste oil, toxic chemicals or any hazardous material defined under regulations issued by the U.S. Environmental Protection Agency, shall be required to have periodic testing performed on said tank to determine the fitness and condition for such storage.
   (B)   Excluded from the requirement for such testing will be storage tanks containing non-toxic chemicals, No. 1 oil (kerosene), No. 2 oil, diesel, No. 4, No. 5 and No. 6 heating oil.
   (C)   The test shall be performed using any U.S. Environmental Protection Agency or Fire Department approved testing process.  A representative of the Fire Department may be present at the time the test is conducted.
   (D)   The initial testing period will be from January 1, 1985 through January 1, 1986.  All underground storage tanks covered by this section  must be tested during that period.  After the initial test is completed, the tank must be tested once every 5 years thereafter.
   (E)   In the event that, after testing, an underground storage tank covered by this section is found to be defective, the Fire Department shall issue an appropriate order pursuant to the authority under Massachusetts General Laws, Massachusetts Fire Prevention Regulations and town Fire Prevention Regulations.
   (F)   If the product stored in the tanks is different than the product for which the inflammable storage permit was issued, then a permit or license covering the existing requirement shall be applied for.
(Ord. 9, passed 11-13-1984)  Penalty, see § 92.99