Title 11 HEALTH AND SAFETY
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.)
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