For purposes of this chapter, the following definitions apply:
"City manager"
means the city manager of the city of Loma Linda or his designated
representative.
"Facility"
means any one, or combination of, underground storage tanks
used by a single business entity at a single location or site.
"Hazardous substance"
means all of the following liquid and solid substances, unless
the city manager, in consultation with the State Water Resources Control
Board, determines the substance could not adversely affect the quality
of the waters of the state:
1.
Substances on the list prepared by the Director of the Department
of Industrial Relations pursuant to Section 6382 of the
Labor Code;
3.
Any substance or material which is classified by the National
Fire Protection Association (NFPA) as a flammable liquid, a class
II combustible liquid, or a class III-A combustible liquid.
"Person"
means an individual, trust, firm, joint stock company, corporation,
including a government corporation, partnership, and association.
Person also includes any city, county, district, the state, or any
department or agency thereof.
"Board"
means the State Water Resources Control Board.
"Primary containment"
means the first level of containment such as the portion
of a tank which comes into immediate contact on its inner surface
with the hazardous substance being contained.
"Product-tight"
means impervious to the substance which is contained, or
is to be contained, so as to prevent the seepage of the substance
from the primary containment. To be product-tight, the tank shall
not be subject to physical or chemical deterioration by the substance
which it contains over the useful life of the tank.
"Single-walled"
means construction with walls made of only one thickness
of material. For the purpose of this chapter, laminated, coated, or
clad materials shall be considered single-walled.
"Storage" or "store"
means the containment, handling or treatment of hazardous
substances, either on a temporary basis or for a period of years.
Storage or store does not mean the storage of hazardous wastes in
an underground storage tank if the person operating the tank has been
issued a hazardous waste facilities permit by the department pursuant
to California
Health and Safety Code Section 25200 or granted interim
status under California
Health and Safety Code Section 25200.5.
"Unauthorized release"
means any release or emission of a hazardous substance which
does not conform to the provisions of this chapter, unless this release
is authorized by the State Water Resources Control Board pursuant
to Division 7 (commencing with Section 13000) of the California Water
Code.
"Underground storage tank"
means any one or combination of tanks, including pipes connected
thereto, which is used for the storage of hazardous substances and
which is substantially or totally beneath the surface of the ground.
"Special inspector"
means a professional engineer, registered pursuant to Chapter
7 (commencing with Section 6700) of Division 3 of the California Business
and Professions Code, who is qualified to attest, at a minimum, to
structural soundness, seismic safety, the compatibility of construction
materials with contents, cathodic protection, and the mechanical compatibility
of the structural elements.
"Owner"
means the owner of an underground storage tank.
"Operator"
means the operator of an underground storage tank.
"Pipe"
means any pipeline or system of pipelines which are used
in connection with the storage of hazardous substances and which are
not intended to transport hazardous substances in interstate or intrastate
commerce or to transfer hazardous materials in bulk to or from a marine
vessel.
(Ord. 314 § 1, 1983)
A fee shall be paid to the city by each person who submits an
application for a permit to operate an underground storage tank or
to renew or amend a permit. The city council shall establish by resolution
the amount of the fees at a level sufficient to pay the necessary
and reasonable costs incurred in administering this chapter, including,
but not limited to, permitting and inspection responsibilities. The
city council may provide for the waiver of fees when a public agency
makes an application for a permit to operate or an application to
renew a permit.
(Ord. 314 § 1, 1983)
In order to carry out the purposes of this chapter, any duly
authorized representative of the city manager or the board has the
authority specified in California
Health and Safety Code Section 25185,
with respect to any place where underground storage tanks are located,
and in California
Health and Safety Code Section 25185.5, with respect
to real property which is within two thousand feet of any place where
underground storage tanks are located.
(Ord. 314 § 1, 1983)
Every underground storage tank installed after January 1, 1984,
shall meet the following requirements:
A. Be designed
and constructed to provide primary and secondary levels of containment
of the hazardous substances stored in them in accordance with the
following performance standards:
1. Primary
containment shall be product-tight,
2. Secondary
containment shall be constructed to prevent structural weakening as
a result of contact with any released hazardous substances, and also
shall be capable of storing, for the maximum anticipated period of
time necessary for the recovery of any released hazardous substance,
3. In
the case of an installation with one primary container, the secondary
containment shall be large enough to contain at least one hundred
percent of the volume of the primary tank,
4. In
the case of multiple primary tanks, the secondary container shall
be large enough to contain one hundred fifty percent of the volume
of the largest primary tank placed in it, or ten percent of the aggregate
internal volume of all primary tanks, whichever is greater,
5. If
the facility is open to rainfall, then the secondary containment must
be able to additionally accommodate the volume of a twenty-four-hour
rainfall as determined by a one hundred year storm history,
6. Single-walled
containers do not fulfill the requirement of an underground storage
tank providing both a primary and secondary containment,
7. The design and construction of underground storage tanks for motor vehicle fuels storage need not meet the requirements of subdivisions 1 to 6 of this subsection, if the primary containment construction is a glass fibre, reinforced plastic, cathodically protected steel, or steel clad with glass fibre reinforced plastic, any such alternative primary containment is installed in conjunction with a system that will intercept and direct a leak from any part of the tank to a monitoring well to detect any release of motor vehicle fuels stored in the tank and which is designed to provide early leak detection, response, and to protect groundwater from releases, and if the monitoring is in accordance with the alternative method identified in Section
8.06.090B3. Pressurized piping systems connected to underground storage tanks used for the storage of motor vehicle fuels and monitored in accordance with Section
8.06.090B3 shall also be deemed to meet the requirements of this subsection;
B. Be designed
and constructed with a monitoring system capable of detecting the
entry of the hazardous material stored in the primary containment
into the secondary containment. If water could intrude into the secondary
containment, a means of monitoring for water intrusion and for safely
removing the water shall also be provided;
C. When
required by the city manager, a means of overfill protection for any
primary tank, including an overfill prevention device or an attention-getting
higher level alarm, or both. Primary tank filling operations of underground
storage tanks containing motor vehicle fuels which are visually monitored
and controlled by a facility operator satisfy the requirements of
the subsection;
D. Different
substances that in combination may cause a fire or explosion, or the
production of flammable, toxic, or poisonous gas, or the deterioration
of a primary or secondary container, shall be separated in both the
primary and secondary containment so as to avoid potential intermixing;
E. If water
could enter into the secondary containment by precipitation or infiltration,
the facility shall contain a means of removing the water by the owner
or operator. This removal system shall also provide for a means of
analyzing the removed water for hazardous substance contamination
and a means of disposing of the water, if so contaminated at an authorized
disposal facility.
(Ord. 314 § 1, 1983)
For every underground storage tank installed on or before January
1, 1984, and used for the storage of hazardous substances, the following
actions shall be taken:
A. On or
before January 1, 1985, the owner shall outfit the facility with a
monitoring system capable of detecting unauthorized releases of any
hazardous substances stored in the facility, and thereafter, the operator
shall monitor each facility, based on materials stored and the type
of monitoring installed;
B. Provide a means for visual inspection of the tank, wherever practical, for the purpose of the monitoring required by subsection
A of this section. Alternative methods of monitoring the tank on a monthly, or more frequent basis, may be required by the city manager, consistent with the regulations of the board. The alternative monitoring methods include, but are not limited to, the following methods:
1. Pressure
testing, vacuum testing or hydrostatic testing of the piping systems
or underground storage tanks,
2. A
groundwater monitoring well or wells which are down gradient and adjacent
to the underground storage tank, vapor analysis within a well where
appropriate, and analysis of soil borings at the time of initial installation
of the well. The city manager, or any other public agency specified
by the city manager, shall approve the location and number of wells,
the depth of wells and the sampling frequency, pursuant to these regulations.
3. For
monitoring tanks containing motor vehicle fuels daily gauging and
inventory reconciliation by the operator, if inventory records are
kept on file for one year and are reviewed quarterly, the tank is
tested for tightness hydrostatically or, when appropriate with pressure
between three and five pounds, inclusive per square inch at time intervals
specified by the board and whenever any pressurized system has a leak
detection device to monitor for leaks in the piping. The tank shall
also be tested for tightness hydrostatically or where appropriate,
with pressure between three and five pounds, inclusive, per square
inch whenever there is a shortage greater than the amount which the
board shall specify by regulation.
(Ord. 314 § 1, 1983)
The city manager shall review the permit whenever there has
been an unauthorized release or when it determines that the underground
storage tank is unsafe. The city manager may modify or terminate the
permit. In determining whether to modify or terminate the permit,
the city manager shall consider the age of the tank, the methods of
containment, the methods of monitoring, the feasibility of any required
repairs, the concentration of the hazardous substances stored in the
tank, the severity of potential unauthorized releases, and the suitability
of any other long-term preventive measures which would meet the requirements
of this chapter.
(Ord. 314 § 1, 1983)
If there has been any unauthorized release, as defined in Section
8.06.100D, from an underground storage tank containing motor vehicle fuel not under pressure, the permitholder may repair the tank once by an interior-coating process if the tank meets all of the following requirements:
A. An ultrasonic
test, or comparable test, has been conducted to determine the thickness
of the storage tank. If the result of the test indicates that a serious
problem exists with regard to the tank, as determined by the person
conducting the test, the city manager may require additional corrosion
protection for the tank or may deny the authorization to repair;
B. A hydrostatic test is an alternative to the ultrasonic test in subsection
A of this section. If the result of the test indicates that a serious problem exists with regard to the integrity of the tank, as determined by the person conducting the test or the city manager, the city manager may require additional protection for the tank or may deny authorization for the repair;
C. A vacuum
test has been conducted with a result indexed at not more than 5.3
inches of mercury. This requirement shall not be applicable if technology
is not available for testing the tank on site using accepted engineering
practices;
D. Following
the repair, the standard installation testing for requirements for
underground storage tanks specified in Section 2-7.3 of the Flammable
and Combustible Liquids Code, adopted by the National Fire Protection
Association on November 20, 1981 (NFPA 30-1981), and published in
the 1982 Edition of the National Fire Code shall be followed;
E. The
material used to repair the tank by an interior-coating process is
compatible with the motor vehicle fuel that is stored, as approved
by the board by regulation;
F. The
material used to repair the tank by an interior-coating process is
applied in accordance with nationally recognized engineering practices
such as the American Petroleum Institute's Recommended Practice
No. 1631 for the interior lining of existing underground storage tanks;
G. The
board may develop regulations, in consultation with the State Fire
Marshal, for the repair of underground storage tanks, and the standards
in this section shall remain in effect until the adoption of these
regulations.
(Ord. 314 § 1, 1983)