For purposes of this chapter, the following definitions apply:
means the city manager of the city of Loma Linda or his designated
representative.
means any one, or combination of, underground storage tanks
used by a single business entity at a single location or site.
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:
Substances on the list prepared by the Director of the Department
of Industrial Relations pursuant to Section 6382 of the Labor Code;
Hazardous substances, as defined in Health and Safety Code Section
25316;
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.
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.
means the State Water Resources Control Board.
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.
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.
means the level of containment external to, and separate
from, the primary containment.
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.
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.
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.
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.
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.
means the owner of an underground storage tank.
means the operator of an underground storage tank.
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.
Except as provided in subsection B of this section, no person shall own or operate an underground storage tank unless a permit for its operation has been issued by the city manager to the owner. The city manager shall prepare a form which provides for the acceptance of the obligations of a transferred permit by any person who is to assume the ownership of an underground storage tank from the previous owner and is to be transferred the permit to operate the tank from the previous owner. That person shall complete the form accepting the obligations of the permit and submit the completed form to the city manager at least thirty days after the ownership of the underground storage tanks is to be transferred. The city manager may review and modify, or terminate, the transfer of the permit to operate the underground storage tank, pursuant to the criteria specified in Section 8.06.030C upon receiving the completed form.
B.
Any person assuming ownership of an underground storage tank used for the storage of hazardous substances for which a valid operating permit has been issued shall have thirty days after the date of assumption of ownership to apply for an operating permit pursuant to Section 8.06.030C or, if accepting a transferred permit, shall submit to the city manager the completed form accepting the obligations of the transferred permit, as specified in subsection A. During the period from the date of application until the permit is issued or refused, the person shall not be held to be in violation of the section.
(Ord. 314 § 1, 1983)
A.
An application for a permit to operate an underground storage tank, or for renewal of the permit, shall be made, by the owner, on a standardized form prepared by the board or the city manager and provided by the city manager and shall be accompanied by the appropriate fee, as specified in Section 8.06.040. The city manager shall provide the board with a copy of the completed application.
B.
The
application form shall include, but not be limited to, requests for
the following information:
1.
A
description of the construction of the underground storage tank or
tanks;
2.
A
list of all the hazardous substances which are or will be stored in
the underground storage tank or tanks specifying the hazardous substances
for each underground storage tank;
3.
A
description of the monitoring program for the underground storage
tank or tanks;
4.
The
name and address of the person, firm, or corporation which owns the
underground storage tank or tanks and, if different, the name and
address of the person who operates the underground storage tank or
tanks;
5.
The
address of the facility at which the underground storage tank or tanks
are located;
6.
The
name of the person making the application;
7.
The
name and twenty-four hour telephone number of the contact person in
the event of an emergency involving the facility;
8.
If
the owner or operator of the underground storage tank is a public
agency, the application shall include the name of the supervisor of
the division, section, or office which operates the tank.
C.
As a condition of any permit to operate an underground storage tank, the permittee shall complete an annual report form, prepared by the board or the city manager, which will detail any changes in the usage of any underground storage tanks, including the storage of new hazardous substances, changes in monitoring procedure and unauthorized release occurrence, as defined in Section 8.06.100.
D.
If a permittee stores in an underground storage tank or tanks a hazardous substance which is not listed in the application, as required by subsection B2 of this section, the permittee shall apply for a new or amended permit within thirty days after commencing the storage of that hazardous substance.
(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)
A.
The city manager shall inspect every underground storage tank within its jurisdiction at least once every three years. The purpose of the inspection is to determine whether the tank complies with the design and construction standards of Section 8.06.080 or 8.06.090, whichever is applicable, whether the operator has monitored and tested the tank as required by the permit, and whether the tank is in a safe operating condition. After an inspection, the city manager shall prepare a compliance report, detailing the inspection and shall send a copy of this report to the permitholder.
B.
In addition to, or instead of, the inspections specified in subsection A of this section, the city manager may require the permitholder to employ, periodically, special inspectors to conduct an audit or assessment of the permitholder's facility to determine whether the facility complies with the factors specified in subsection A and to prepare a special inspection report with recommendations concerning the safe storage of hazardous materials at the facility. The report shall contain recommendations consistent with the provisions of this chapter, where appropriate. A copy of the report shall be filed with the city manager at the same time the inspector submits the report to the permitholder. Within thirty days after receiving this report, the permitholder shall file with the city manager a plan to implement all recommendations contained in the report or shall demonstrate, to the satisfaction of the city manager, why these recommendations should not be implemented.
(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)
A.
"Trade
secrets," as used in this chapter, may include, but are not
limited to, any formula, plan, pattern, process, tool, mechanism,
compound, procedure, production data, or compilation of information
which is not patented, which is known only to certain individuals
within a commercial concern who are using it to fabricate, produce,
or compound an article of trade or a service having commercial value,
and which gives its user an opportunity to obtain a business advantage
over competitors who do not know or use it.
B.
The
city manager may disclose trade secrets received by the board or the
city manager pursuant to this chapter to authorized representatives
or other governmental agencies only in connection with the board's
or the city manager's responsibilities pursuant to this chapter.
The board and the city manager shall establish procedures to ensure
that these trade secrets are utilized only in connection with these
responsibilities and are not otherwise disseminated without the consent
of the person who provided the information to the board or the city
manager.
C.
Any person providing information pursuant to Section 8.06.030 shall, at the time of its submission, identify all information which the person believes is a trade secret. Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law.
D.
Where
the city, by ordinance, provides an alternative to the listing of
a substance which is a trade secret, the person storing that substance
shall provide the identification of the material directly to the board
pursuant to this section.
(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)
A.
The
operator of the underground storage facility shall monitor the facility
using the method specified on the permit for the facility. Records
shall be kept in sufficient detail to enable the city manager to determine
that the operator has undertaken all monitoring activities required
by the permit to operate.
B.
If the
operator is not the owner, the owner shall provide a copy of the permit
to the operator, enter into a written contract with the operator which
requires the operator to monitor the tank as set forth in the permit,
and provide the operator with a copy of Section 25287 of California
Health and Safety Code, or a summary of this section, in the form
which the board specifies by regulation. The owner shall notify the
city manager of any change of operator.
C.
Any
unauthorized release from the primary containment which the operator
is able to clean up within eight hours, and which does not escape
from the secondary containment, does not increase the hazard of fire
or explosion and does not cause any deterioration of the secondary
containment of the underground storage tank, shall be recorded on
the operator's monitoring reports.
D.
Any
unauthorized release which escapes from the secondary containment,
increases the hazard of fire or explosion, or causes any deterioration
of the secondary containment of the underground tank shall be reported
by the operator to the city manager within twenty-four hours after
the release has been detected or should have been detected. A full
written report shall be transmitted by the owner or operator of the
underground storage tanks within five working days of the occurrence
of the release.
E.
The
reporting requirements imposed by this section are in addition to
any requirements which may be imposed by Section 13271 of the California
Water Code.
(Ord. 314 § 11, 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)
A.
No person
shall abandon an underground storage tank or close or temporarily
cease operating an underground storage tank, except as provided in
this section.
B.
An underground storage tank which is temporarily taken out of service, but which the operator intends to return to use, shall continue to be subject to all the permit, inspection, and monitoring requirements of this chapter, unless the operator complies with the provisions of subsection C of this section, for the period of time the underground tank is not in use.
C.
No person
shall close an underground storage tank unless the person undertakes
all of the following actions:
1.
Demonstrates
to the city manager that all residual amounts of the hazardous substance
or hazardous substances which were stored in the tank prior to its
closure have been removed, properly disposed of, and neutralized;
2.
Adequately
seals the tank to minimize any threat to the public safety and the
possibility of water intrusion into, or runoff from the tank;
3.
Provides
for, and carries out, the maintenance of the tank as the city manager
determines is necessary, for the period of time the city manager requires;
4.
Demonstrates
to the city manager that there has been no significant soil contamination
resulting from a discharge in the area surrounding the underground
storage tank or facility.
(Ord. 314 § 1, 1983)
A.
Any
operator of an underground storage tank shall be liable for a civil
penalty of not less than five hundred dollars or more than five thousand
dollars per day for any of the following:
B.
Any
owner of an underground storage tank shall be liable for a civil penalty
of not less than five hundred dollars or more than five thousand dollars
per day for any of the following:
1.
Failure
to obtain a permit as specified by this chapter;
2.
Failure
to repair an underground tank in accordance with the provisions of
this chapter;
3.
Abandonment
or improper closure of any underground tank subject to the provisions
of this chapter;
4.
Knowing
failure to take reasonable and necessary steps to assure compliance
with this chapter by the operator of an underground tank.
C.
Any
person who falsifies any monitoring records required by this chapter,
knowingly fails to report an unauthorized lease, shall, upon conviction,
be punished by a fine of not less than five thousand dollars or more
than ten thousand dollars, or by imprisonment in the county jail for
not to exceed one year, or by both that fine and imprisonment.
D.
In determining
both the civil and criminal penalties imposed pursuant to this section
the court shall consider all relevant circumstances, including, but
not limited to, the extent of harm or potential harm caused by the
violation, the nature of the violation and the period of time over
which it occurred, the frequency of past violations, and the corrective
action, if any, taken by the person who holds the permit.
E.
Penalties
under this section are in addition to, and do not supersede or limit,
any and all other legal remedies and penalties, civil or criminal,
which may be applicable under other laws.
(Ord. 314 § 1, 1983)
