SENATE DOCKET, NO. 362        FILED ON: 1/19/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1190

The Commonwealth of Massachusetts

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PRESENTED BY:

Stephen M. Brewer

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to certain tanks used for the storage of fluids..

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PETITION OF:

SENATE DOCKET, NO. 362        FILED ON: 1/19/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1190

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 914 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to certain tanks used for the storage of fluids..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 37 of Chapter 148 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 3, the words “any fluid other than water” and inserting in place thereof the following words: --any flammable or combustible fluids or anhydrous ammonia.

SECTION 2. Said section 37 of said Chapter 148, as so appearing is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:--

The marshal shall establish rules and regulations providing for an inspection of tanks or containers on an annual basis or at such other frequency as may be determined by the marshal.   The inspection fee shall be determined annually by the commissioner of administration under the provisions of section three B of chapter seven.  Said rules and regulations shall require owners or  operators to maintain said tanks or containers on a regular basis and to keep records of inspections, repairs and maintenance for each tank or container in such form as prescribed by the  marshal.  The marshal may establish standards and qualifications for those persons authorized to conduct inspections under this section.  In addition to the inspections required by regulation, the marshal may inspect the premise tanks or containers, dikes, facilities or equipment any time during reasonable business hours to determine compliance with this section or related regulation.  For purposes of this section, the marshal shall define by regulation what constitutes a flammable or combustible fluid.