Chapter 11.74 STANDARDS

11.74.010 Materials regulated.

11.74.020 Containment of hazardous materials.

11.74.030 New facilities.

11.74.040 Existing facilities.

11.74.050 Out of service facilities.

11.74.060 Monitoring, testing and inspection.

11.74.070 Maintenance, repair or replacement.

11.74.080 Emergency equipment.

11.74.090 Labeling and posting of facilities.

11.74.010 Materials regulated.

The materials regulated by this division shall consist of the following:
A. Any material defined as a hazardous material by Section 11.70.100 of this division;
B. Any material which has been determined by the party storing it, through testing or other objective means, to be likely to create a significant potential or actual hazard to public safety or welfare. This subsection shall not establish a requirement to test for the purposes of this division. (Ord. 97-0016 § 26, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

11.74.020 Containment of hazardous materials.

A. No person, firm or corporation shall store any hazardous materials regulated by this division in underground storage tanks until a permit has been issued pursuant to this division. No permit shall be granted pursuant to this division unless the applicant demonstrates to the satisfaction of the director, by the submission of appropriate plans and other information, that the design and construction of the facility will result in a suitable manner of underground storage for the hazardous material or materials to be contained therein.
B. All installation, construction, repair or modification, closure, and removal shall be to the satisfaction of the director. The owner shall furnish the director with certification that underground storage tanks, associated piping and monitoring systems were properly installed. The director shall have the discretion to request authorization as provided in Section 11.72.030 to impose reasonable additional or different requirements in order to better secure the purpose and general obligation of this division for protection of public health, safety and welfare and prevention of short or long term health hazards or environmental degradation. (Ord. 97-0016 § 27, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

11.74.030 New facilities.

A. New Underground Storage Tanks. No person, firm or corporation shall construct or install any new underground storage tank or facility until a permit has been issued pursuant to this division. All new underground storage tanks must, at minimum, meet the design, construction and monitoring standards of Article 3 of Chapter 16 of Division 3 of Title 23 of the California Code of Regulations.
B. Monitoring Capability. All new facilities intended for the underground storage of hazardous materials shall be designed and constructed with a monitoring system capable of detecting that the hazardous material stored in the primary containment has entered the secondary containment. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required by the director. Where secondary containment may be subject to the intrusion of water, a means of monitoring for such water shall be provided. Whenever monitoring devices are provided, they shall, where applicable, be connected to attention-getting visual and/or audible alarms.
C. Containment Requirements. Primary and secondary levels of containment shall be required for all new facilities intended for the underground storage of hazardous materials unless exempted by Chapter 6.7 of the California Health and Safety Code.
1. All primary containment shall be product-tight.
2. Secondary Containment.
a. All secondary containment shall be constructed of materials of sufficient thickness, density, and composition so as not to be structurally weakened as a result of contact with the discharged hazardous materials and so as to be capable of containing hazardous materials discharged from a primary containment for a period of time equal to or longer than the maximum anticipated time sufficient to allow recovery of the discharged hazardous material.
b. In the case of installation with one primary containment, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary containment.
c. In the case of a facility with multiple primary containments, the secondary containment shall be large enough to contain 150 percent of the volume of the largest primary containment placed in it, or 10 percent of the aggregate internal volume of all primary containments in the facility, whichever is greater.
d. If the facility is open to rainfall, then the secondary containment must be able to additionally accommodate the volume of a 24-hour rainfall as determined by a 100-year storm history.
3. Laminated, coated, or clad materials shall be considered single-walled and shall not be construed to fulfill the requirements of both primary and secondary containment.
4. The design and construction of underground storage tanks for motor vehicle fuels storage need not meet the requirements of Section 11.74.030 C1--C3 of this division if all of the conditions of paragraph (7) of subdivision (b) of Section 25291 of Chapter 6.7 of the California Health and Safety Code are met.
D. Spill and Overfill Protection. Means of spill and overfill protection shall be required for any primary containment. This may be an overfill prevention device and/or an attention-getting high level alarm.
E. Separation of Materials. Materials that in combination may cause fire or explosion, or the production of a flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary containment shall be separated in both the primary and secondary containment so as to avoid intermixing.
F. Drainage System. Drainage of precipitation from within a storage facility containing hazardous materials shall be controlled in a manner approved by the director so as to prevent hazardous materials from being discharged. No drainage system will be approved unless the flow of the drain can be controlled. Disposal of drainage shall comply with the requirements of Title 20, Division 2 of this code. (Ord. 97-0016 § 28, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

11.74.040 Existing facilities.

Any facility in existence as of January 1, 1984, which does not meet the standards of Section 11.74.030, may be issued a provisional permit pursuant to this division as long as it is providing suitable underground storage for hazardous materials. In addition, such facility must be monitored in accordance with a plan approved by the director as set forth in this section. Such facility shall have 30 days from the date of notification by the director or by the date established by California Health and Safety Code, Chapter 6.7, whichever occurs first, to file a complete application for a permit including a monitoring plan.
A. A monitoring plan for each such facility shall be submitted to the director as part of the permit application.
B. Monitoring under such plan shall include visual inspection of the primary containment wherever practical; however, if the visual inspection is not practical, an alternative method of monitoring each facility on a semiannual or more frequent basis may be approved by the director.
C. Alternative method(s) of monitoring may include but are not limited to: pressure testing of piping systems, groundwater monitoring well(s) where appropriate; and analysis of the soil boring(s) at the time of initial installation of the well(s). The number of well(s), depth of well(s), and sampling frequency shall be approved by the director. All monitoring methods must meet the design standards of Article 4 of Chapter 16 of Division 3 of Title 23 of California Code of Regulations.
D. Such monitoring devices and methods, as approved by the director, shall be installed and operating within six months of the issuance of a provisional permit in accordance with Section 11.80.050. The director may grant an extension of this compliance date; however, such extension shall not exceed one additional six-month period, or December 22, 1998, whichever occurs first. The full-term permit may be issued when compliance with this subsection has been achieved.
E. The continued use of, and permit approval for, existing facilities is subject to review and modification or termination by the director whenever there has been any unauthorized discharge. In determining whether continued underground storage in such facility is suitable, the director shall consider the age of the facility, the methods of containment, the methods of monitoring, the feasibility of the required retrofit, the concentration of the hazardous materials contained, the severity of potential unauthorized discharge, and the suitability of other long-term preventive measures which meet the intent of this division.
F. Existing facilities which are not approved in accordance with this section must be upgraded to comply with this division or be closed in accordance with Section 11.80.070 within one year of a decision not to issue a full-term permit. An extension of time for compliance with this subsection not to exceed one additional six-month period, or December 22, 1998, whichever occurs first, may be granted by the director. (Ord. 97-0016 § 29, 1997: Ord. 86-0078 § 3, 1986: Ord. 84-0046 § 3, 1984: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

11.74.050 Out of service facilities.

A. No facility shall be abandoned.
B. Facilities which are temporarily out of service, and are intended to be returned to use, must continue to be monitored and inspected.
C. Any facility which is not being monitored and inspected in accordance with this division must be closed or removed in a manner approved by the director in accordance with Section 11.80.070.
D. Any person, firm or corporation having an interest, including a leasehold interest, in real property and having reason to believe that an abandoned facility is located upon such property shall make a reasonable effort to locate such facility within six months of the effective date of the ordinance codified in this division.
E. Whenever an abandoned facility is located, a plan for the closing or removing or the upgrading and permitting of such facility shall be filed within 90 days of its discovery. A closure plan shall conform to the standards specified in Section 11.80.070. (Ord. 97-0016 § 30, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

11.74.060 Monitoring, testing and inspection.

Every permittee under this division shall provide testing, monitoring (if applicable), and inspections in compliance with the permit and shall maintain records adequate to demonstrate compliance therewith to the director. (Ord. 97-0016 § 31, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

11.74.070 Maintenance, repair or replacement.

A. Permittee will carry out maintenance, ordinary upkeep and minor repairs in a careful and safe manner. No permit will be required for such maintenance and upkeep.
B. Any substantial modification or repair of a facility other than minor repairs or emergency repairs shall be in accordance with plans to be submitted to the director and approved in accordance with Section 11.80.070 A prior to the initiation of such work.
C. Permittee may make emergency repairs to a facility in advance of seeking an additional permit approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or to protect the integrity of the containment. However, within five working days after such emergency repairs have been started, permittee shall seek approval pursuant to Section 11.80.070 A by submitting drawings or other information adequate to describe the repairs to the director.
D. Replacement of any facility must be in accordance with the new installation standards of Section 11.74.030. (Ord. 97-0016 § 32, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

11.74.080 Emergency equipment.

Emergency equipment as may be required by the forester and fire warden shall be provided. Such equipment shall be regularly tested and adequately maintained. (Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)

11.74.090 Labeling and posting of facilities.

All underground storage tanks within a facility shall be labeled in accordance with California Code of Regulations, Title 8, Article 112. (Ord. 97-0016 § 33, 1997: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)