The ordinance codified in Division 4 of Title 11 of this code shall be known as the “Underground Storage of Hazardous Materials Ordinance,” and may be referred to as such. (Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

The purpose of this division is the protection of health, life, resources and property and the prevention of short and long term health hazards or environmental degradation through prevention and control of unauthorized discharges of hazardous materials from underground storage tanks. (Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

A. No person, firm or corporation shall cause, suffer, or permit the storage of hazardous materials in underground storage tanks:
1. In a manner which violates a provision of this division or any other local, federal, or state statute, code, rule or regulation relating to hazardous materials; or
2. In a manner which causes an unauthorized discharge of hazardous materials or poses a significant risk of such unauthorized discharge.
B. The director may request State Water Resources Control Board authorization for additional design and construction standards other than those set by this division. An applicant may apply for a site-specific variance allowing an alternative method of construction or monitoring. (Ord. 97-0016 § 19, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

A. Any person, firm, or corporation which owns or operates an underground tank in which is stored any material regulated by this division shall obtain and keep current a hazardous materials underground storage permit or unified program permit listing the underground storage tanks operated.
B. All such hazardous materials shall be contained in conformity with Chapter 11.74 of this division.
C. The storage of such hazardous materials shall be in conformance with the conditions and limitations of a hazardous materials underground storage permit or unified program permit. (Ord. 97-0016 § 20, 1997: Ord. 84-0046 § 2, 1984: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

The provisions of California Health and Safety Code, Division 20, Chapter 6.7, and regulations promulgated thereunder are hereby adopted by reference except as may be modified and extended by this division. (Ord. 97-0016 § 21, 1997.)

The director shall enforce all the provisions of this Division 4, and for such purpose shall have the powers of a peace officer. The director shall implement California Health and Safety Code, Chapter 6.7, as the local agency pursuant to Section 25283 or as a participating agency to a CUPA pursuant to California Health and Safety Code, Chapter 6.11, Section 25404.1(b)(3). Such powers shall not limit or otherwise affect the powers and duties of the county health officer or the forester and fire warden. (Ord. 97-0016 § 22, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

Whenever the approval or satisfaction of the director may be required in this division for a design, monitoring, testing or other technical submittal by an applicant or permittee, the director may, in his/her discretion, require such applicant or permittee, at the applicant’s or permittee’s sole cost and expense, to retain a suitable qualified independent engineer, or chemist, or other appropriate professional consultant, acceptable to the director, for the purpose of evaluating and rendering a professional opinion respecting the adequacy of such submittal to achieve the purposes of this division. The director shall be entitled to rely on such evaluation and/or opinion of such engineer, chemist or professional consultant in making the relevant determinations provided for in this division. (Ord. 97-0016 § 23, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

The term “underground storage tank” does not exclude the following:
A. A farm tank;
B. A heating oil tank;
C. An industrial waste pretreatment or process tank containing hazardous materials while in a static flow condition and providing unit operations other than gravity separation. (Ord. 97-0016 § 24, 1997.)

In order to hear appeals provided for in this division, there shall be an appeals board established by the CUPA. The composition of the appeals board will depend on the nature of the appeal. The appeals board shall consist of five members who are qualified to pass on matters pertaining to underground storage of hazardous materials agreed to by the appeals board chair. The appeals board shall adopt reasonable rules and regulations for conducting its investigations. The CUPA shall keep a record of all proceedings and notify all parties concerned of the findings and decisions of the appeals board. (Ord. 97-0016 § 25, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)