For the purposes of this article, the following terms, phrases,
words and their derivations shall have the following meanings, except
where the context clearly indicates a different meaning:
Out of service and not safeguarded in compliance with this
article; provided, however, that an underground storage tank shall
not be deemed abandoned if it has been closed in accordance with this
article or with any other applicable state, federal, or local law
or regulation.
A permit issued by the city pursuant to this article for
the construction, replacement or substantial modification or repair
of any underground storage tank, tank system or component thereof
in which hazardous materials will or may be stored.
Tanks, walls and impermeable excavation liners, such as reinforced
concrete vaults, reinforced and unreinforced flexible membrane liners
and rigid fiberglass reinforced plastic liners, installed for the
purpose of detecting releases, leakages or spills of hazardous materials
from underground storage tanks or systems and preventing said releases,
leakages or spills from entering the environment.
Constructed with more than one containment layer, with space
between the layers sufficient to allow monitoring of any leakage into
or from the enclosed space; laminated coated or clad materials shall
not be considered double-walled.
A person duly authorized and registered under the provisions
of the Texas Engineering Registration Act.
Product or delivery piping and delivery system associated
with an underground storage tank system.
Any material subject to regulation under this division.
Storage for a period of more than thirty (30) days.
Any individual, trust, firm, joint-stock company, corporation,
partnership, association, consortium, joint venture, commercial entity,
governmental entity or other legal entity.
All pipes, including valves, elbows, joints, flanges, flexible
connectors and other fittings, attached to and constituting a part
of an underground storage tank system thorough which hazardous materials
regulated by this article flow.
The first level of containment, or the inside portion of
an underground storage tank or of fuel delivery piping, which comes
into immediate contact on its inner surface with the hazardous material
being contained.
Any spilling, including overfills, leaking, emitting, discharging,
escaping, leaching or disposing from an underground storage tank or
tank system into groundwater, surface water or subsurface soils.
A system to detect releases, which system includes equipment
or testing procedures designed to effectively monitor or measure for
the presence of regulated substances in the secondary containment,
tertiary containment, tank excavation, soil or other media outside
of the underground storage tank system.
The restoration, renovation or mending of a malfunctioning
or damaged underground storage tank system or component thereof.
The level of containment external to and separate from the
primary containment, consisting of an impervious layer of materials
which are installed so that any release of hazardous materials from
the primary containment of an underground storage tank, fuel delivery
piping or tank system is prevented from contacting the environment
outside said impervious layer.
A permit issued by the city pursuant to this article for
the storage of hazardous materials in underground storage tanks.
Repairs, additions, upgrading or alterations to, or the replacement
of, an underground storage tank system or any component part thereof,
except routine maintenance activity performed on the tank and fuel
delivery system. The term shall include, but not be limited to, tank
repairs, such as interior and exterior relining or recoating, and
the installation of new or replacement piping.
Liquids that enter a primary, secondary or tertiary containment
system other than by direct precipitation or runoff.
The level of containment external to and separate from the
secondary containment, consisting of an impervious layer of materials
which are installed so that any release of hazardous materials from
the secondary containment of an underground storage facility is prevented
from contacting the environment outside said impervious layer.
A single location or site, including but not limited to retail
service stations and retail fuel outlets, with one or more underground
tank systems, including any building or buildings, appurtenant structures,
and surrounding land area.
Any one or combination of underground tanks and any connecting
underground pipes used to contain an accumulation of regulated substance,
the volume of which, including the volume of the connecting underground
pipes, is 10 percent or [more] beneath the surface of the ground.
An underground storage tank, all associated piping and ancillary
equipment, spill and overflow protection equipment, release detection
equipment, corrosion protection system, secondary and tertiary containment
systems (as applicable) and all other related systems and equipment
used for or in connection with the storage, transfer or containment
of hazardous materials at an underground storage facility.
(1988 Code, ch. 4, sec. 11.21)
No land or property in the city shall be developed, used or
operated as a retail service station, fuel outlet or other facility
at which hazardous materials regulated by this article are stored
in underground storage tanks, and no such station, outlet or facility
shall be constructed within the city, except in those districts in
which such stations, outlets or facilities are authorized pursuant
to the city’s zoning ordinance.
(1988 Code, ch. 4, sec. 11.22)
No land or property in the city shall be developed, used or
operated as a retail service station, fuel outlet or other facility
at which hazardous materials regulated by this article are stored
in underground storage tanks, and no such station, outlet or facility
shall be constructed or substantially modified or repaired within
the city, except in exact compliance with the provisions of this article
and all other applicable local, state, and federal laws and regulations
issued by the city council and any other regulatory body from which
an approval or permit must be obtained pursuant to any applicable
law or regulation.
(1988 Code, ch. 4, sec. 11.23)
No person may construct or install or substantially modify or
repair an underground storage facility, tank system or component part
thereof for the storage of hazardous materials regulated by this article
unless the property owner and/or operator of the facility or tank
system or any part thereof has made application to the city for and
has been issued a construction permit in conformity with the provisions
of this article. No construction permit shall be issued or approval
granted by the city unless the requirements and standards set forth
or referred to herein have been complied with in full. These requirements
and standards are considered the minimum necessary to protect the
public health, safety, welfare and environment.
(1988 Code, ch. 4, sec. 11.24)
No person may store, either temporarily or permanently, any
hazardous material regulated by this article in an underground storage
facility or tank system unless the property owner and/or operator
of the facility or tank system has made application to and received
approval from the city for an underground storage tank storage permit
in conformity with the provisions of this article. No storage permit
shall be issued or approval granted by the city unless the requirements
and standards referred to herein have been satisfied or complied with
in full. These requirements and standards are considered the minimum
necessary to protect the public health, safety, welfare and environment.
(1988 Code, ch. 4, sec. 11.25)
The city shall not sell or supply water or sewage service or
authorize the connection of gas or electricity to any property for
which the necessary permits required by this article have not been
secured or with respect to which the requirements and standards contained
or referred to herein have not been complied with in full.
(1988 Code, ch. 4, sec. 11.26)
Any liquids with a toxicity, flammability, reactivity or contact hazard rating of two (2) or above, as defined by appendix A of Ordinance 294, which are stored or contained in an underground storage facility or tank system shall be regulated by this article.
(1988 Code, ch. 4, sec. 11.27)
Mixtures shall be regulated based on the rating criteria in appendix A of Ordinance 294.
(1988 Code, ch. 4, sec. 11.28)
(a)
The
owner of the property on which the underground storage facility or
tank system is to be installed or constructed shall apply for and
sign the construction permit application required by this article.
If the facility or system is to be owned or operated by a person other
than the owner of the property on which the facility or system is
located, the property on which the facility or system is located [sic],
the construction permit application shall also be signed by the person
who will own and/or operate the facility or system.
(b)
If
the application is for the substantial modification or repair of an
existing facility, tank system or component part thereof, and the
facility or system is owned and/or operated by a person other than
the owner of the property on which the facility or system is located,
the construction permit application shall also be signed by the person
who owns and/or operates the facility or system.
(c)
The
owner of the property on which the underground storage facility or
tank system is located and in which hazardous materials are to be
stored shall apply for and sign the storage permit application required
by this article. If the facility or system is owned and/or operated
by a person other than the owner of said property, the storage permit
application shall also be signed by the person who owns and/or will
operate the facility or system.
(1988 Code, ch. 4, sec. 11.29)
(a)
An
application for a construction permit or storage permit required by
this article shall be filed on application forms provided by the city
and shall contain all the information called for therein.
(b)
An
application for a construction permit must be accompanied by the following:
(1)
Address and legal description of the property;
(2)
Name and address of the owner of the property;
(3)
Name and address of the owner and/or operator of the underground
storage facility or tank system, if different from the owner of the
property;
(4)
A statement indicating the intended contents of the tank(s) and the
projected life design of the system(s);
(5)
A reference key for all symbols and abbreviations used;
(6)
A site plan, drawn to an appropriate scale, showing the following:
(A)
The location of the proposed tank installation site;
(B)
The location of any structures adjacent to the tank installation;
(C)
The location of other underground tanks, septic systems, waste oil
sumps, etc., within 500 feet of the tank installation;
(D)
The location of all utility service lines within 500 feet of the
tank installation (sewer, water electrical, air, etc.);
(E)
The location and depth and a description of any existing and proposed
supply, observation, or monitoring wells, and/or delineated wellhead
protection areas on or adjacent to the site;
(G)
The location of all permanent or casual surface water bodies on or
adjacent to the site; and
(H)
All information and plans required by the state commission on environmental
quality (or successor agency) under the “Edwards Rules,”
Texas Commission on Environmental Quality, 30 Tex. Admin. Code chapter
213, including but not limited to:
(i)
Floodplain boundaries and drainage plan;
(ii)
Geologic survey of the site and all areas adjacent thereto;
(iii)
Recharge features mapped within a 1320-foot radius of the site;
(iv)
Geology and recharge features for a distance of at least one
mile downstream of the property or to the boundary of the recharge
zone; and
(v)
Proximity to existing and proposed public water supply wells
and/or wellhead protection areas;
(7)
Plan elevation and cross-section drawings and specifications in sufficient
in sufficient [sic] detail to allow the reviewer to evaluate the following
design and installation parameters:
(A)
Tank description, including capacity, dimensions, product compatibility,
corrosion resistance, etc.;
(B)
Installation practices: excavation, tank placement, backfilling,
ballasting, final cover, etc.;
(C)
Piping, linings, pumping and dispensing systems;
(D)
Secondary and tertiary containment systems;
(E)
Leak detection monitoring systems;
(F)
Overfill protection and transfer spill prevention systems;
(H)
Tank, piping and secondary and tertiary containment integrity testing
specifications and procedures;
(8)
The nonrefundable application fee established by the city;
(9)
Facility design plans and specifications which are stamped by a registered
professional engineer in accordance with subsection (e) of this section;
(10)
The materials management plan required by this article; and
(11)
Name and address of the installer or on-site supervisor for the storage
tank and/or system and state license number of such person(s).
(c)
The
city may require such additional information as it deems necessary
to properly evaluate the construction or storage permit application
and whether or not the applicant and the underground storage facility
or tank system satisfy the requirements of this article.
(d)
All
underground storage facility or tank system design plans and specifications
shall bear the stamp and certification of one or more professional
engineers, registered in the state, attesting to such as, but not
limited to, the following: construction materials with the surrounding
environment and the hazardous materials being contained, corrosion
protection, and conformity with minimum design and installation plans
and standards set forth in this article. The certification shall bear
the signature, seal and registration number of said engineer(s).
(1988 Code, ch. 4, sec. 11.30)
(a)
A
permit shall be granted after:
(1)
The applicant has filed with the city a permit application which
includes all information called for by this article.
(2)
The applicant has submitted proof acceptable to the city that the
applicant is in compliance with all applicable state and federal statutes
and regulations and has been granted all permits and approvals required
thereunder.
(3)
The city, upon review of the application, has determined that the
applicant has fully complied with the provisions of this article and
all other applicable city ordinances.
(4)
The applicant has paid the nonrefundable application or renewal fee
as established by the city.
(5)
The storage tank excavation and trenches have been inspected and
approved by the Evergreen Underwood Conservation District, if applicable.
(6)
If the application is for a storage permit, the underground storage
facility or tank system has been inspected and approved by the city
engineer.
(b)
The
continued use of, and permit approval for, any underground storage
facility or tank system is subject to review and modification by the
city whenever the city has reason to believe that the provisions of
this article have been violated or whenever there has been any leak
or release from the underground storage tank system or any part thereof,
and each time the permit is renewed. The permit is subject to modification,
suspension, revocation or termination by the city in accordance with
this article.
(1988 Code, ch. 4, sec. 11.31)
(a)
Construction permit.
A construction permit is valid
for a period of six months.
(b)
Storage permit.
A storage permit is issued for a term
of two (2) years. Every application for the renewal of a storage permit
shall be made no later than thirty (30) days before expiration of
the permit and shall be accompanied by payment of the appropriate
renewal fee as established by the city. However, if an underground
storage facility or tank system or any part thereof is substantially
modified or repaired, the owner and/or operator of the facility or
system must renew the storage permit upon completion of the modification
or repairs. The existing permit shall remain effective until the city
makes a final decision either to grant or deny the pending application
for renewal. The city shall notify the permit holder of the expiration
date no later than ninety (90) days before the permit expires. No
renewal shall be granted unless the city finds that the record of
the permit holder’s compliance with the provisions of the state
commission on environmental quality and other state, federal and local
agencies warrants renewal, and that the physical condition of the
facility, tank system and all parts thereof meets the minimum standards
imposed by this article, the state commission on environmental quality,
and other state, federal and local agencies.
(1988 Code, ch. 4, sec. 11.32)
A construction or storage permit may be transferred to a new
owner or operator of the same business at the same location only if
the new owner or operator signs the permit, accepts responsibility
for all obligations under this article at the time of the transfer
of the business, and documents the transfer and acceptance on a form
provided by the city, no later than thirty (30) days after transfer
of ownership or operation of the business. All permit transfers shall
be subject to the approval of the city.
(1988 Code, ch. 4, sec. 11.33)
No construction or storage permit shall be granted, renewed
or continued in effect until or unless the nonrefundable fee established
by the city has been paid. The fee shall be paid at the time an application
is filed. No refund or rebate of the fee shall be allowed.
(1988 Code, ch. 4, sec. 11.34)
(a)
An
applicant or permit holder aggrieved by any decision of the city,
except a decision to modify, suspend or revoke a permit granted pursuant
to the provisions of this article, shall have the right to appeal
the decision to the city council. The appeal shall be perfected by
giving written notice containing the following information to the
city secretary no later than ten (10) days after receipt of notification
of the city’s decision:
(b)
As
soon as practicable after the filing of the complete notice of appeal,
the city council shall hear the appeal and make a decision either
affirming, modifying or reversing the decision. The person requesting
the appeal shall be notified of the decision in writing. The notification
shall be accompanied by a statement of the reasons for the decision.
(c)
The
procedures set forth in this article shall govern the modification,
suspension or revocation of a permit granted pursuant to the provisions
of this article.
(1988 Code, ch. 4, sec. 11.35)
No conservation or storage permit shall be granted unless and
until the applicant has filed with and received approval of the city
of a materials management plan, which plan shall include the information
required by this article.
(1988 Code, ch. 4, sec. 11.36)
The materials management plan shall include a plan for regular
maintenance of the underground storage facility and tank system and
all parts thereof.
(1988 Code, ch. 4, sec. 11.37)
The materials management plan shall include a monitoring plan
which describes in detail the methods and procedures used at the facility
to prevent and detect the release of any hazardous materials from
the underground storage facility or tank system and any part thereof.
The plan shall be based on the properties of the materials being stored,
the type of containment system used and the monitoring method involved
and, at the very least, shall include:
(1)
A
description of the facility’s or tank system’s storage
and dispensing systems;
(2)
A
description of the facility’s inventory control system, including
a copy of the inventory record forms and a description of how and
when reconciliations are performed;
(3)
A
description of the tank and line leak monitoring and detection system(s)
used at the facility; and
(4)
With
respect to equipment that can and will be visually inspected, a description
of the equipment being inspected and a detailed explanation of what
the inspector will be looking for to ascertain if a release has occurred.
(1988 Code, ch. 4, sec. 11.38)
The materials management plan shall include a detailed closure
plan which describes procedures for terminating the storage of hazardous
materials at the underground storage facility or tank system and any
part thereof, by either closure in place or removal, in a manner that:
(1)
Minimizes
the need for further maintenance;
(2)
Eliminates
the threat to public health, safety or the environment from residual
hazardous materials at the facility;
(3)
Demonstrates
that hazardous materials that were stored in the underground storage
tanks will be removed, disposed of, neutralized or reused in a manner
which is permissible under applicable federal, state and local laws;
(4)
Provides
that soil and/or water sample(s) from areas likely to have the maximal
amounts of contamination shall be obtained and analyzed for residual
hazardous materials by an independent laboratory acceptable to the
city and that information pertaining to the intended location of samples,
sampling methods and test procedures, as well as the test results,
be provided to the city in a timely manner; and
(5)
Provides
for the removal or decontamination of the facility and the environment
in order to minimize present and future hazards to public health,
life, property or the environment.
(1988 Code, ch. 4, sec. 11.39)
The materials management plan shall include an emergency release
or leak response plan which describes the procedures which must be
followed in response to any unauthorized discharge, spill or release
of hazardous materials. Simplified emergency procedures, which include
a list of who to contact should the leak detector or alarm be tripped
or if an employee has reason to believe a discharge or release has
occurred and what measures are to be immediately taken, shall be provided
each employee at the facility and posted at conspicuous locations
at the facility.
(1988 Code, ch. 4, sec. 11.40)
No permit or approval for installation or construction of an
underground storage facility or tank system or any part thereof or
for the substantial modification or repair of any such facility, system
or part thereof shall be granted unless and until the applicant has
submitted a permit application and demonstrates to the satisfaction
of the city by the submission of appropriate plans and other information
that the design, construction and operation of the underground storage
facility or tank system in all respects complies with the specifications
contained in this article.
(1988 Code, ch. 4, sec. 11.41)
No person shall construct or install any underground storage
facility tank system or make any substantial modification or repair
thereto except in accordance with the following requirements:
(1)
Monitoring capability.
All underground storage facilities
and tank systems must be equipped with monitoring systems and be monitored
in accordance with the following requirements:
(A)
All underground storage facilities, including tanks and tank systems,
intended to be used or used for the storage of hazardous materials
shall be designed, constructed and operated with a continuous monitoring
system and an instant alert capable of detecting that the hazardous
material stored in the primary containment has entered the secondary
containment. If water could intrude into the secondary containment,
a means of continuous electronic monitoring for water intrusion shall
also be provided unless water within the secondary containment is
part of the system design. The monitoring system shall be capable
of differentiating between water and the hazardous material contained;
(B)
An automatic telephone dialer or an audio-visual alarm system designed
to be activated by a release from the primary containment shall be
installed with alarm terminals at the underground tank site and at
the city hall;
(C)
A minimum of three observation wells constructed of nonconductive
material, with a minimum diameter of four (4) inches, shall be installed
within each underground storage tank excavation. The wells shall extend
to a depth of at least twelve (12) inches below the level of the bottom
of the tank(s) and shall be lined with electronic hydrocarbon vapor
sensors or be perforated in a manner so as to be capable of detecting
the presence of floating contaminants over the entire length of the
wells. At least one additional observation well shall be installed
in a location outside of and downdip of each storage tank excavation,
and shall be at least four feet deeper than the pit liner;
(D)
Manways shall surround all turbine pumps and fill tubes to allow
inspection of fittings and to facilitate the containment of leaks
or spills. All manways shall be sealed to the storage tank in order
to contain any leaks or spills. Electronic sensors shall be located
in the manways to monitor for the presence of hydrocarbons and alert
the operator of possible problems;
(E)
Electronic hydrocarbon sensors, located at several locations along
the delivery piping, shall be installed to monitor the interstitial
space and to alert the operator of possible problems;
(F)
Monitoring devices shall be installed between double-walled delivery
piping and the synthetic liner to monitor releases or leakage from
the piping;
(G)
Monitoring systems and/or observation wells, and all component parts
thereof, shall be installed in accordance with any applicable codes
and shall be operated and maintained in good working order;
(H)
Testing of monitoring equipment and emergency shut-off valves shall
be conducted by a certified technician at least once a year; the certification
record shall be maintained at the facility at all times and a copy
thereof provided the city within seven (7) days of the annual certification;
(I)
The permit holder shall conduct such self-monitoring inspections
and tests as the city may require and shall file reports attesting
to the date and time of each such inspection or test. These reports
shall also contain a description of the inspection or test performed,
the results of each inspection or test and the printed name and title
and the initials of the inspector. Failure to comply with the city’s
request pursuant to this section shall constitute a violation of this
article.
(2)
Containment requirements.
Primary, secondary and tertiary
levels of containment shall be required for all underground storage
tank systems. Such systems shall meet the following specifications:
(A)
All tanks or containers shall be highly resistant to the hazardous
materials they are designed to contain and shall also be resistant
to the particular environment in which they are stored and any physical
handling they may be subject to for their projected design life;
(B)
All tanks or containers must bear labels certifying adherence to
appropriate specified construction methods and factory pressure testing
for tank integrity, and must be installed by a licensed underground
storage tank installer according to the manufacturer’s specifications;
(C)
All primary containment shall be product-tight;
(D)
All secondary containment shall be external to and separate from
the primary containment and all tertiary containment shall be external
to and separate from the secondary containment. All secondary and
tertiary 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 any discharged hazardous material and
so as to be capable of containing any hazardous material discharged
from a primary container and preventing its release into the environment
for a period of time longer than the maximum anticipated time sufficient
to allow recovery of the discharged hazardous material;
(E)
In the case of an underground storage tank with one primary container,
the secondary and tertiary containment shall be large enough to contain
at least one hundred ten percent (110%) of the volume of the primary
container;
(F)
In the case of an underground storage tank with multiple primary
containers, the secondary and tertiary containment shall be large
enough to contain one hundred ten percent (110%) of the volume of
the largest primary container placed in it, or fifty percent (50%)
of the aggregate internal volume of all primary containers in the
storage tank, whichever is greater;
(G)
At least two (2) feet of high plasticity, low permeability compacted
clay soil, compacted to maximum field density and placed in 6-inch
lifts, shall serve as the floor of the tank(s) excavation;
(H)
All tank excavation pits shall be equipped with liners which come
at least 3 feet up the sidewalls of the excavation, if the excavation
is in clay, and come at least to the top of the storage tanks if the
excavation is in limestone. The liners shall be of such design and
material so as to be impervious to and nonreactive with hydrocarbons
and may be a custom-fitted polyliner;
(I)
An underground storage tank with a double-walled primary container
with a complete double shell shall be deemed to meet the primary and
secondary containment requirements set forth in this section if the
outer shell is constructed primarily of non-earthen materials, including
but not limited to concrete, steel and fiberglass, which provide structural
support, and an electronic leak detection system is located in the
interstitial space (between the shells) which is continuously monitoring
the space for the entry of hazardous substances from the inner container
to the space and for the detection of water intrusion into the space
from the outer shell;
(J)
Appropriately sized catch pans shall be installed under all delivery
pumps;
(K)
All underground delivery piping must be of double-walled fiberglass
construction which provides secondary containment of any fuel releases
from the primary piping, and shall be surrounded by synthetic lining;
and
(L)
In the case of readily visible portions of underground storage tank
piping, no secondary or tertiary containment is required, provided
that it is being regularly and periodically visually inspected in
an approved manner.
(3)
Overfill protection and transfer spill prevention.
An
approved means of overfill protection and transfer spill prevention
shall be required for all underground storage facilities. At a minimum:
(A)
An overfill prevention device shall be connected to the vent line
to restrict flow into an underground storage tank when the tank is
ninety percent (90%) full;
(B)
An overfill containment device shall surround the fill tube to collect
any residual drainage from the delivery hoses;
(C)
A pressure loss indicator shall be installed on turbine pumps to
automatically shut the pumps down should a loss in pressure occur;
(D)
A line leak detector shall be installed on submersible pumps to automatically
shut the pumps down in the event of a leak or release;
(E)
The piping trench shall slope backwards to the line tank pit at an
angle sufficient to ensure that any released or escaped hazardous
materials flow towards the tank pit;
(F)
Collection pans shall be installed beneath each dispenser to collect
any small leaks or spills occurring during maintenance of the dispensers;
and
(G)
Underpump emergency valves shall be installed on each fuel delivery
line beneath the dispensers to automatically shut off fuel flow in
the event of damage to the dispensers from collision, fire or any
other cause.
(4)
Drainage and sumpage removal.
Drainage of precipitation
and sumpage from within an underground storage tank shall be controlled
and disposed of in accordance with all applicable state, federal and
local laws and regulations for the containment and disposal of hazardous
liquids so as to prevent hazardous materials from being released into
the environment in an unapproved manner. No drainage or sumpage removal
system shall be approved unless the system meets the following minimum
requirements:
(A)
Site surface drainage shall be designed so that runoff from the areas
around the pump islands and the storage tanks is collected and routed
to an oil-water separator. The separator shall be designed to provide
two (2) feet of submergence for the outlet pipe and sized to contain
one-half (1/2) inch of runoff above the separator outlet. In addition,
the separator shall be equipped with a sensor that will alert the
operator when the oil in the separator has accumulated to a depth
of one (1) foot, at which time the contents of the separator shall
be removed entirely; and
(B)
The oil-water separator will be a doubled-walled steel tank. The
interstitial space between the tank walls will be monitored continuously
with an electronic hydrocarbon sensor to alert the operator of a possible
problem or that the level is such that removal is necessary.
(5)
Flammable liquids.
In addition to any other requirements
of this article, no person shall construct or install any new underground
storage tank intended for the storage of flammable liquids or make
any substantial repair or addition to or modification of an existing
underground storage tank system containing flammable liquids, unless
and until said tank stem is designed and constructed to meet, at a
minimum, the standards provided by the state Rules for the Safe Storage,
Handling, and Use of Flammable Liquids at Retail Service Stations
(28 TAC 27.60227.620).
(1988 Code, ch. 4, sec. 11.42)
Each underground storage tank shall be replaced every ten years
from the date on which its initial installation was approved by the
city.
(1988 Code, ch. 4, sec. 11.43)
(a)
Upon
receipt of any underground storage tank at the site, and prior to
lifting the tank into the tank excavation, each tank shall be soap
tested in accordance with section 2-7 of the Flammable and Combustible
Liquids Code adopted by the National Fire Protection Association (NFPA
30).
(b)
After
installation of the underground storage tank into the tank excavation
and before being completely covered, each tank shall be air tested
with a gauge pressure not to exceed 5 pounds per square inch. Product
piping shall also be tested, but with a minimum gauge pressure of
30 pounds per square inch. Any secondary or tertiary containment piping
shall be tested at a minimum gauge pressure of 5 pounds per square
inch. If the underground tank meets the requirements of the air test
then the tank shall be ballasted with water or fuel until placed into
service.
(c)
Manual
monitoring of secondary and tertiary containment shall begin when
tanks are ballasted. Continuous monitoring shall begin when tanks
are placed in service. Results of all monitoring prior to placing
tanks in service shall be submitted to the city before or during final
inspection. A precision test may be used in lieu of manual monitoring,
if accomplished before the tanks are placed into service.
(d)
The
owner of the tanks may elect to not ballast underground storage tanks
with water upon installation if the tank is air tested when installed
and backfilled, and, prior to being placed into service, the tank
is tested in the operating condition using the precision test defined
by National Fire Protection Association Pamphlet 329 (Recommended
Practices for Handling Underground Leakage of Flammable and Combustible
Liquids), as amended, for proving the integrity of an underground
storage tank.
(1988 Code, ch. 4, sec. 11.44)
(a)
Storage tanks.
The tanks shall be tested using a precision
test which is capable of measuring a quantitative leak rate and which
controls, eliminates, measures or otherwise takes into account changes
in the coefficient of expansion of the liquid due to temperature changes,
containment system deformations due to pressure changes, evaporative
losses, and other relevant variables during the course of the test,
as discussed in National Fire Protection Association Pamphlet 329
(Recommended Practices for Handling Underground Leakage of Flammable
and Combustible Liquids), as amended. Such testing shall prove the
integrity of an underground storage tank according to the following
schedule:
|
Tank Age
|
Test Frequency
|
|---|---|
|
0 to 5 years old
|
On the 5th year
|
|
6 to 10 years old
|
Every 2 years
|
(b)
Piping.
The piping shall be tested using a precision
test method capable of detecting both pressure and volume changes
during testing and in accordance with the following:
(1)
Suction and gravity flow piping systems shall be tested using a precision
test method capable of detecting a leak rate of at least 0.05 gallons
per hour:
(2)
Pressure pumped piping systems fitted with approved continuous line
pressure leak sensors capable of restricting the flow of product in
the delivery system [shall be tested on] the same schedule as the
tank to which they are attached. Pressure pumped piping systems shall
be tested using a precision test method capable of detecting a leak
rate of at least 0.01 gallons per hour; and
(3)
Pressure pumped piping systems fitted with approved continuous line
pressure leak sensors capable of completely shutting down the delivery
system when a leak rate of at least 0.05 gallons per hour is detected
shall be precision tested every three (3) years. Pressure pumped piping
systems shall be tested using a precision test method of detecting
a leak rate of at least 0.01 gallons per hour.
(1988 Code, ch. 4, sec. 11.45)
(a)
The
permit holder shall insure that any precision test required by this
article is performed by a testing company licensed by the state commission
on environmental quality or its successor and which is not the owner,
operator, or employee of the facility to be tested.
(b)
Installation
tests, air tests and precision tests required by this article shall
be conducted only in the presence of an inspector from the city. No
such test shall be conducted unless and until a complete permit application
is on file with the city. The fact that a required test result is
not filed with the city shall constitute prima facie evidence that
such test was not performed.
(c)
No
later than twenty (20) working days after any test required by this
article is performed, the underground storage facility or tank tower
[operator,] owner, permit holder, and/or testing company shall provide
copies of the results of such test(s) to the city. In the event a
system or component part thereof fails such a test, this information
shall be provided to the city by the owner, permit holder, and/or
testing company no later than three (3) days after the date of the
test(s).
(1988 Code, ch. 4, sec. 11.46)
(a)
No
underground storage tank system or part thereof shall be abandoned.
(b)
Underground
storage facilities which are temporarily out of service, and are intended
to be returned to use, shall be monitored and inspected.
(c)
Any
underground storage tank which is not being monitored and inspected
in accordance by the city as provided by the city [sic] as provided
for herein and as specified in the materials management plan [shall
be deemed abandoned].
(1988 Code, ch. 4, sec. 11.47)
The permit holder shall apply for approval to close an underground
storage tank and pay the closure fee as established by the city council
no less than thirty (30) days before closing the facility. Such closure
shall be performed by a person holding a current license as an underground
tank installer or on-site supervisor in accordance with the closure
plan included in the materials management plan for the facility, unless
an addition to or modification of the closure plan is necessary, in
which case the application for closure shall contain such addition(s)
or modification(s). This thirty (30) day period may be waived by the
city for good cause. The final stage of the underground storage tank
closure shall be witnessed by an inspector from the city. If reinspection
is necessary due to improper closure, a reinspection fee as established
by city council shall be paid.
(1988 Code, ch. 4, sec. 11.48)
If the soil and/or water samples required by the closure plan
indicate soil or subsurface contamination, the permit holder shall
be required to demonstrate to the city that the condition no longer
presents a threat of harm to the public health, life, property or
the environment as a condition of approval to close the facility.
(1988 Code, ch. 4, sec. 11.49)
The city may require the installation of an observation well
in the tank pit backfill area prior to the taking of any closure action.
(1988 Code, ch. 4, sec. 11.50)
All owners, operators and/or permit holders of underground storage
tank facilities, systems and component parts [shall assure that such
facilities] are constructed, operated, maintained and managed in a
manner that will prevent releases of hazardous materials regulated
by this article, and, further, that spills and overfills of such materials
do not occur.
(1988 Code, ch. 4, sec. 11.51)
Upon discovery or identification of any leak or release, the
owner, operator and/or permit holder of the underground storage tank
facility or system shall take immediate action to prevent any further
release into the environment of the hazardous material regulated by
this article, including shutting part thereof as determined necessary.
(1988 Code, ch. 4, sec. 11.52)
(a)
Any
leak or release from the primary containment which the storage permit
holder is able to clean up within eight hours, and which does not
escape from the secondary containment, does not increase the hazards
of fire or explosion, and does not cause any deterioration of the
secondary containment, shall be recorded on the permit holder’s
monitoring reports and reported to the city within seven (7) days
of its occurrence.
(b)
An
leak or release from the primary containment which increases the hazard
of fire or explosion, or causes any deterioration of or escapes from
the secondary containment, shall be reported by the storage permit
holder to the city fire department or police department immediately
upon detection. The reporting party shall provide information relating
to the ability of the permit holder to contain and dispose of the
hazardous material, the estimated time required to complete containment
and disposal operations and the type and degree of hazard created.
(1988 Code, ch. 4, sec. 11.53)
If there has been a leak or release from an underground storage
facility or tank system or any part thereof which presents a potential
threat to public health, safety or the environment or where there
is any suspicion of soil or subsurface contamination, soil and/or
groundwater samples from areas likely to have maximal amounts of contamination
shall be obtained and analyzed for residual hazardous materials by
an independent laboratory in a manner acceptable to the city. Information
pertaining to the location of samples, sampling methods, and test
procedures and test results shall be provided to the city no later
than fifteen (15) days after the testing is completed. If there is
any indication of soil or subsurface contamination, the permit holder
shall be required to immediately initiate cleanup or decontamination
operations and to demonstrate to the city that the condition no longer
presents a threat of harm to the public health, safety or environment.
If test results indicate the material is a hazardous waste, the matter
will be referred to the state commission on environmental quality
and the city may take such other action as is authorized by this article
or any other regulation or statute.
(1988 Code, ch. 4, sec. 11.54)
When an unknown source of pollution from the release of materials
regulated by this article is discovered, the owner or permit holder
of any underground storage tank determined by the city to be a potential
source of the release shall, upon written request from the city:
(1)
Submit
inventory records for the preceding twelve (12) month period to the
city for review;
(2)
Submit
records of repairs performed on the facility for the preceding three
(3) years to the city for review;
(3)
Cause
each facility to be precision tested within five (5) days of receipt
of the written request from the city. The underground storage facility
owner, permit holder or testing company shall provide copies of the
results of the tests to the city no later than ten (10) working days
after the date the tests were performed;
(4)
If
an underground storage tank fails the above-mentioned precision test(s),
the owner or permit holder shall install one or more approved monitoring
wells adjacent to the underground storage tank and shall have an independent
laboratory acceptable to the city perform analyses on soil, core and/or
water samples extracted from these wells to determine if any contamination
exists. The city and/or its designated agent shall determine which
samples shall be extracted from these wells. The results of these
analyses shall be provided to the city no later than ten (10) working
days after the date the tests were performed; and
(5)
All
costs for such precision tests, well installations, sampling, and
lab analyses shall be borne by the owner or permit holder of the underground
storage tank system.
(1988 Code, ch. 4, sec. 11.55)
The city shall review the storage permit when there has been
a leak or release or when it determines that an underground storage
tank system or any part thereof is unsafe, and may modify, suspend
or revoke the permit in accordance with the provisions of this division.
In determining whether to suspend, terminate or modify the permit,
the city shall consider the age of the underground storage tank system
or part thereof, the condition of the primary, secondary and tertiary
containment, the leak detection monitoring methods employed, the feasibility
of any required repair or modifications, the concentration of the
hazardous materials involved, the severity of potential leaks or unauthorized
releases, and the suitability of any other long-term preventative
measures which meet the requirements of this article.
(1988 Code, ch. 4, sec. 11.56)
(a)
The
city may undertake corrective action in response to a release or threatened
release if:
(1)
The owner or operator of the underground storage tank facility, system
or component part is unwilling or unable to take the corrective action
necessary to protect the public health or safety and/or the environment;
(2)
The owner or operator cannot, after reasonable attempts to do so
by the city, be located; or
(3)
The city determines that immediate action is necessary to protect
the public health and safety and/or the environment.
(b)
In the event the city undertakes corrective action in response to a release or threatened release as authorized by subsection (a) above, the city may charge the owner or operator for the reasonable costs incurred in connection therewith, and may use all legal means to secure payment of said costs. Nothing herein is intended to limit or preclude the city from taking any other action authorized by law or this article to secure public health and safety and the environment.
(1988 Code, ch. 4, sec. 11.57)
(a)
If
there has been a leak or release of hazardous materials from an underground
storage facility or tank system or any part thereof not under pressure,
the owner or permit holder may repair the tank once by an interior
coating process if the tank once by an interior coating process [sic]
if the tank meets all of the following criteria:
(1)
An inspector qualified to check tank interiors for possible damage
shall enter the tank and inspect the entire surface and certify that
the shell will provide structural support for interior lining;
(2)
The material used to repair the tank by an interior coating process
is approved by the city as compatible with the hazardous materials
to be stored in the tank;
(3)
The material used to repair the tank by an interior coating process
is applied by a person holding a valid underground tank installer
or on-site supervisor license issued by the state and in accordance
with nationally recognized engineering practices, such as American
Petroleum Institute Publication #1631;
(4)
Each interior lined steel tank shall be protected from corrosion
through the through the [sic] use of an engineered, properly maintained
and installed cathodic protection stem:
(5)
Before the tank is placed back in service following the repair, the
tank is tested in operating condition using a precision test method.
The precision test shall not be performed by the owner or operator
of the tank or by an employee of the owner or operator; and
(6)
The permit holder shall notify the city of his or her intent to interior
line an underground storage tank and shall apply for authorization
on forms provided by the city. No work shall commence prior to the
city’s approval of such application. The permit holder shall
submit documentation of interior lining and cathodic protection to
the city no later than thirty (30) days after the tank has been interior
lined.
(b)
If there has been no leak or release from an underground storage tank containing hazardous materials not under pressure, the permit holder may line the interior of the tank as a preventative measure in accordance with the requirements in subsection (a)(6) above.
(c)
Damaged
piping shall not be repaired, but shall instead be replaced.
(1988 Code, ch. 4, sec. 11.58)
Copies of the construction or storage permit applications, permits,
inspection check sheets, monitoring logs, [and] inventory [shall be]
maintained by the permit holder for a period of not less than three
(3) years. Said records shall be made available to the city during
normal working hours and on reasonable notice.
(1988 Code, ch. 4, sec. 11.59)
The permit, permit application, materials management plan, and
any other documentation maintained pursuant to this article [shall
be distributed] to appropriate fire, police and emergency medical
services personnel. Said fire, police and emergency medical services
personnel shall protect the disclosure of such information coming
into their possession from release to the public.
(1988 Code, ch. 4, sec. 11.60)
In the event that any information required by this article constitutes a trade secret, or if its disclosure would give advantage to competitors, or if for any other reason its disclosure is not required under the Texas Open Records Act, chapter 552, Texas Government Code, V.A.C.S., that information shall be identified in a coded manner (with key) such that it cannot be revealed to any person other than city personnel, provided that the applicant requests that such information be kept confidential in accordance with section 6.05.122.
(1988 Code, ch. 4, sec. 11.61)
(a)
The
city shall protect from disclosure any and all information required
to be so protected under the Texas Open Records Act. Permit applicants
or permit holders are encouraged assist the city in maintaining confidentiality.
(1)
At the time such information is submitted in writing to the city,
a written claim of confidentiality should be simultaneously submitted,
specifying each piece of information for which confidentiality is
claimed. An assertion of confidentiality for the entire document shall
not be sufficient;
(2)
The confidential information sought to be protected should be submitted
to the city on a separate form or forms, clearly and conspicuously
marked or labeled as containing confidential information; and
(3)
A letter or legal memorandum, signed by legal counsel for the permit
holder or permit applicant, supporting the asserted confidential status
and setting forth the reasons why each piece of information should
be given confidential status under the Texas Open Records Act, should
accompany each piece of information for which a claim of confidentiality
is asserted.
(b)
The
city shall not protect from disclosure any information which in the
written opinion of the city attorney or the attorney general of the
state is required to be disclosed under the state Open Records Act.
(c)
Nothing
in this article shall be construed to require any person to disclose
to the city any information the disclosure of which would violate
any federal law or contract with the United States government.
(1988 Code, ch. 4, sec. 11.62)
(a)
The
city shall conduct inspections for the purpose of ascertaining compliance
with this article and causing to be corrected any conditions which
would constitute any violation of this article.
(b)
No
new underground storage tank, or substantial modification or repair
of an existing underground storage facility or tank system or any
part thereof, shall be covered without approval by an inspector from
the city [and compliance] with the applicable provisions of this article.
(c)
Nothing
in this article shall be construed to hold the city to confirm compliance
with the applicable provisions of this article.
(1988 Code, ch. 4, sec. 11.63)
(a)
Whenever
necessary for the purpose of investigating or enforcing the provisions
of this article, or whenever any officer of the city or his or her
designate has reasonable cause to believe that there exist at any
underground storage tank system conditions which exist at any underground
storage tank system [sic] conditions which constitute a violation
of this article, said officer may enter such facility at all reasonable
times to inspect the facility or to perform any duty imposed on any
of said officers by law; provided that, if such facility be occupied,
the officer shall first present proper credentials and request entry,
and further provided that, if such facility is unoccupied, the officer
shall first make a reasonable effort to contact a responsible person
from such facility and request entry. If entry is refused, the officer
seeking entry shall have recourse to every remedy provided by law
to secure entry, including fines and excavation, if necessary.
(b)
Any
permit applicant shall agree in writing to allow entry by an officer
of the city or his or her designate to the facility or underground
storage tank system which is the subject of the application for the
purpose of inspection of conditions during the approval stage and
during construction.
(c)
Any
permit holder shall agree to allow entry to the facility or underground
storage tank system which is the subject of the permit for the purpose
of inspection by city officials or their designates.
(d)
It
shall be the duty of all city law enforcement officers to assist in
making inspections when such assistance is requested by the wellhead
protection coordinator or designee.
(1988 Code, ch. 4, sec. 11.64)
If the city determines that there has been a failure to comply
with any term or condition of the permit and associated documents,
or with any provision of this article, or if there has been a leak
or release or the city has determined that an underground storage
tank system or any part thereof is unsafe, the city may modify, suspend
or revoke the permit in accordance with the procedures set forth herein.
(1988 Code, ch. 4, sec. 11.65)
For purposes of this article, noncompliance shall mean and include
any one or more of the following:
(1)
The
failure of the permittee to comply with the provisions of this article;
(2)
The
failure of the permittee to comply with the provisions of any relevant
city ordinance other than the underground tank storage ordinance,
or with any applicable rule, regulation or law of any other federal,
state or local agency;
(3)
The
failure of the permittee to comply with any term or condition imposed
by the city in connection with the issuance of the permit;
(4)
The
making of any material misrepresentation or false or misleading statement
by the permit applicant or one acting on his behalf in connection
with or on the permit application;
(5)
The
failure of the permittee to timely commence the work required or authorized
by the permit as approved by the city; or
(6)
The
failure of the permittee to timely complete the work required or authorized
by the permit as approved by the city.
(1988 Code, ch. 4, sec. 11.66)
(a)
A
permit may be modified, suspended or revoked for:
(b)
In determining whether a permit should be modified, suspended or revoked, the city shall consider, among other factors, those matters identified in section 6.05.126 of this article.
(c)
If
the city determines that a permittee is in noncompliance, as that
term is defined herein, or that a permit should be modified, suspended
or revoked for any other reason set forth in this section, the city
shall give written notice by certified mail, return receipt requested,
to the permittee and, if not the same person, the property owner,
which notice shall:
(1)
State the nature of the noncompliance or other condition warranting
modification, suspension or revocation;
(2)
Direct the specific action to be taken to correct the noncompliance
or other condition warranting modification, suspension or revocation
within thirty (30) days of the receipt of the notice;
(3)
Advise that a hearing may be requested before the city council to
determine whether or not the permittee is in noncompliance, and whether
or not the permit should be modified, suspended or revoked;
(4)
Advise that, to request a hearing, a written application therefor
must be filed with the city secretary within ten (10) days of receipt
of the notice provided for herein; and
(5)
Advise that, if no hearing is requested within said ten (10) days,
and if the required corrective work is not completed within the thirty
(30) day period specified in the notice, the permit shall be modified,
suspended or revoked as appropriate.
(d)
If
no hearing is requested and if the required corrective action is not
completed within the time specified by the city, the permit shall
be modified, suspended or revoked, and no work shall be done on or
hazardous materials stored or handled in the facility, system or a
component part thereof except as thereafter expressly directed or
authorized by the city.
(e)
If
a hearing has been requested within ten (10) days of receipt of the
notice by the filing of a written application therefor with the city
secretary, the city council shall, no [hold a] hearing to determine
whether the permittee is in noncompliance or if some other reason
exists which would warrant the modification, should be taken. Written
notice of the date, time and place of the hearing shall be given to
the permittee and, if not the same person, the owner of the property.
(f)
If,
after hearing, the city council determines that the permittee is in
noncompliance or that such other condition exists that would warrant
modification, suspension or revocation of the permit, and that the
permit should be modified, suspended or revoked, it shall order, if
appropriate, that the necessary directs [sic]. If the work is not
so completed, the permit shall be modified, suspended or revoked,
and no further work shall be done or hazardous materials stored or
handled except as thereafter expressly directed or authorized by the
city.
(1988 Code, ch. 4, sec. 11.67)
(a)
It
shall be unlawful for any person owning the property on which an underground
storage tank facility or tank system or part thereof is located, or
any person owning or having physical control of an underground storage
tank system or part thereof, to receive, produce or store, or to allow
the receipt, production, or storage of, any material or materials
regulated by this article without first obtaining and having a current
hazardous [materials storage permit in] compliance with the terms
of this article.
(b)
It
shall be unlawful for any person to construct, install or substantially
modify or repair any underground storage tank facility, system or
component part thereof subject to the requirements of this article
without first obtaining a construction permit and except in strict
compliance with the terms of this article.
(c)
It
shall be unlawful for any person owning the property on which an underground
storage facility or tank system or any part thereof is located or
any person having physical control of an underground storage tank
facility or system or any part thereof to close or to allow closure
of such facility, system or part thereof without first obtaining approval
from the city pursuant to this article.
(d)
Any
person to whom a hazardous materials underground facility construction
or storage permit has been granted commits a violation of this article
if such person fails to observe and perform any term or condition
stated in the permit, the materials management plan, or any other
document submitted in order to secure the permit.
(e)
The
owner of any land or underground storage tank where anything in violation
of this article is constructed, installed, placed or used, and any
architect, builder, contractor, agent, laboratory, independent inspector,
or any other person employed in connection therewith, commits a violation
of this article if he or she knowingly aids, assist, or contributes
to the commission of any such violation.
(1988 Code, ch. 4, sec. 11.68)
The violation of any of the provisions of this article shall
be unlawful and a misdemeanor offense. Upon conviction, any person
violating this article shall be fined in an amount not to exceed two
thousand dollars ($2,000.00). Each day a violation of this article
continues shall constitute a distinct and separate offense.
(1988 Code, ch. 4, sec. 11.69)
Nothing in this article shall limit in any manner the authority
of the city to seek any other relief, including but not limited to
injunctive or other civil relief available under the law.
(1988 Code, ch. 4, sec. 11.70)
(a)
The
city may, upon notice to the permittee, retain such experts, including
but not limited to engineers, hydrologists and attorneys, to advise
and represent the city in connection with its determination that a
permittee is in noncompliance, or that such other condition exists
that would warrant modification, suspension or revocation of the permit.
In the event that the city does determine that action should be taken
with respect to the permit, the permittee shall reimburse the city
for the reasonable costs incurred in connection with the retention
of such experts.
(b)
In addition to any other method allowed by law pursuant to which the city can recover the costs it incurs in connection with the permit modification, suspension or revocation proceedings, including those authorized by subsection (a) above, the city may, at its discretion, collect on any bond or letter of credit required of the permittee.
(c)
Nothing
in this section is intended to limit the remedies available to the
city.
(1988 Code, ch. 4, sec. 11.71)
