[Ord. No. 707 §1, 12-9-2004]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any person in control of, or having responsibility for, the
operation of an underground storage tank.
Any person who owns an underground storage tank in the City
on or after the effective date of this Chapter. The term does not
include any person who, without participating in the operation of
an underground storage tank or not engaged in petroleum production,
refining or marketing, holds indicia of ownership solely to protect
a security interest in or lien on the underground storage tank or
the property where the underground storage tank is located.
Any one (1) or more vessels, including any pipes connected
thereto, used to contain an accumulation of petroleum products and
the volume of which, including the volume of the underground pipes
connected thereto, is ten percent (10%) or more beneath the surface
of the ground. Exemptions from this definition and the regulations
promulgated under this Section include:
An underground storage tank whose capacity is eleven hundred
(1,100) gallons or less and used for storing motor fuel for agricultural
purposes;
An underground storage tank used for storing heating oil for
consumptive use on the premises where stored;
Pipeline facilities regulated under State laws comparable to
the provisions of law referred to in paragraph (3) of this Subsection;
Liquid traps or associated gathering lines directly related
to oil or gas production and gathering operations; and
Storage tanks situated in an underground area, such as a basement,
cellar, mineworking, drift, shaft or tunnel, if the storage tank is
situated upon or above the surface of the floor.
[Ord. No. 707 §2, 12-9-2004]
A.
It
shall be unlawful for any owner or operator of an underground storage
tank to fail to properly close and remove the same within twelve (12)
months after cessation of its active use.
B.
A cash
escrow payment to the City or a performance bond issued in the City's
favor by a surety and in a form acceptable to the City in the amount
of ten thousand dollars ($10,000.00) per underground storage tank
shall be required by the owner or operator of any underground storage
tank located within the City and which stores or is intended to store
petroleum products. Such bond shall contain the following endorsement:
"This bond may not be canceled or allowed to lapse until sixty (60)
days after receipt by the City, by certified mail, return receipt
requested, of a written notice from the issuer of the bond of its
intent to cancel or not to renew." The amount of the cash escrow payment
or bond required by this Section shall be adjusted annually in an
amount equal to ten thousand dollars ($10,000.00) multiplied by a
fraction the numerator of which is the CPI (hereinafter defined) most
recently published prior to January first (1st) of the current year
and the denominator of which is the CPI published as of the time this
Section is originally enacted. As used herein, "CPI" shall mean the Consumer Price Index — All Urban Consumers
(CPI-U), U.S. City Average, All Items (1982-84=100) as published by
the Bureau of Labor Statistics of the United States Department of
Labor, or such successor index thereto as may be published by the
U.S. Government (or if not published the most comparable index thereto).
In no event will there be a reduction in the bond requirement because
of any decrease in the CPI from one year to the next.
C.
The
bond or cash escrow payment shall be returned to the owner or operator
who submitted the same upon verification by the City Engineer that
the underground storage tank and all of its pumps, pipes and related
equipment have been removed from the ground and disposed of pursuant
to Missouri Department of Natural Resources regulations and any other
applicable State or Federal law. Evidence that the applicable State
and Federal laws have been complied with during the removal of the
underground storage tanks may be demonstrated by obtaining a "No Further
Action Needed" letter from the Missouri Department of Natural Resources
or similar correspondence from the Missouri Department of Natural
Resources or United States Environmental Protection Agency indicating
that the underground storage tanks have been properly removed, any
and all environmental hazards have been appropriately resolved and
that the property on which it was located does not pose an unacceptable
risk to the environment.
D.
If
the owner or operator fails to properly remove an underground storage
tank and all of its pumps, pipes and related equipment within twelve
(12) months after cessation of its active use, the City Engineer shall
have full power and authority to utilize the cash escrow payment or
to draw upon the bond in order to effectuate the proper removal and
disposal of the underground storage tank and all pumps, pipes and
related equipment.
E.
An
owner or operator of an underground storage tank shall at all times
maintain insurance for such tank through the Missouri Petroleum Storage
Tank Insurance Fund or an insurance carrier acceptable to the City
which provides coverage for the costs of all cleanup resulting from
any contamination of the soil due to underground storage tank leakage,
or provide a letter issued by the Missouri Department of Natural Resources,
Hazardous Waste Program, Tanks Section evidencing its review of a
declaration and certification endorsement for financial responsibility
filed by the owner or operator with the Missouri Department of Natural
Resources pursuant to 10 Mo. CSR 20-11 and requiring no further action
regarding financial responsibility by the owner or operator.
