Section 37. No person shall construct, maintain or use any tank or container of more than ten thousand gallons’ capacity, for the storage of any fluid other than water, unless the same is located underground, without first securing a permit therefor from the marshal. The marshal may, after notice and hearing, revoke any such permit for cause. Whoever violates this section or a rule or regulation made under the following section shall be punished by a fine of not less than fifty nor more than one thousand dollars.

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The marshal shall establish rules and regulations providing for the inspection of tanks or containers on an annual basis or at such other frequency as determined by the marshal. In determining the frequency the marshal may consider factors including, but not limited to, tank size, type of construction, tank contents, potential safety hazards, and tank safety and containment systems. The inspection fee shall be determined annually by the secretary of administration and finance pursuant to section 3B of chapter 7. The rules and regulations shall require owners or operators to maintain the tanks or containers and to keep records of inspections, repairs and maintenance for each tank or container in a form as prescribed by the marshal. The marshal may establish or adopt inspection standards or parts thereof for tanks and containers and qualifications for those persons authorized to conduct inspections pursuant to this section. In addition to the inspections required by regulation, the marshal may, at any time during reasonable business hours, inspect the premises’ tanks or containers, dikes, facilities, equipment and records to determine compliance with this section or related regulations.