Note: Prior Ordinance History: SCC 1040, 716, 573.
This chapter shall be known as "Underground Storage of Hazardous
Substances."
(SCC 1285 § 2, 2004)
It is the purpose of this chapter to incorporate and implement
Division 20, Chapters 6.7, 6.75 and 6.11 of the California Health
and Safety Code, which establish standards and procedures regarding
underground storage tanks and a fund for underground storage tank
cleanup, to establish a procedure for issuance of permits for underground
storage tanks, and to establish a procedure for enforcement of the
requirements of this chapter, in order to prevent and control unauthorized
discharges of hazardous substance stored underground.
(SCC 1285 § 2, 2004)
Except as otherwise provided, the Director, or his/her designee,
is charged with the responsibility of administering this chapter,
and shall be authorized from time to time to promulgate and enforce
such rules or regulations consistent with the purposes, intent, and
express terms of this chapter as he or she deems necessary to implement
such purposed, intent and express terms. No rules or regulations promulgated
by the Director or amendments thereof shall be enforced or become
effective until 30 calendar days following the date on which the proposed
rules or regulations are filed with the Clerk of the Board of Supervisors.
(SCC 1285 § 2, 2004)
Except as expressly provided to the contrary, those terms referred
and defined by Sections 25299.11 through 25299.25 and 25281 of the
Health and Safety Code shall be ascribed the same meaning as used
in this chapter.
B. "Certified
Unified Program Agency (CUPA)" means the Agency certified by the Secretary
to implement the unified program specified in Chapter 6.11 of the
Health and Safety Code. The Environmental Management Department is
the CUPA for both the incorporated and unincorporated areas of Sacramento
County.
C. "Director"
means the Director of the Environmental Management Department, or
designee.
D. "Environmental
Management Department" means the Sacramento County Environmental Management
Department.
E. "Facility"
means any one, or a combination of, underground storage tanks used
by a single business entity at a single location or site.
F. "Health
and Safety Code" means Division 20 of the California Health and Safety
Code.
G. "Permitting
authority" means the Sacramento County Board of Supervisors or its
designee.
H. "Responsible
party or parties" means:
1. The
owner or operator of a vessel or a facility or;
2. Any
person, who at the time of the disposal of any hazardous substance
owned or operated any facility at which such substances were disposed
of or;
3. Any
person who by contract, agreement, or otherwise arranged for disposal,
or treatment with a transporter for transport for disposal or treatment,
of hazardous substances owned or possessed by such person, by any
other party or entity, at any facility or incineration vessel owned
or operated by another party or entity and containing such hazardous
substances.
I. "Secondary
containment" shall mean a containment system which must meet all requirements
of the
Health and Safety Code, Chapter 6.7, Section 25291, and 23
CCR, Division 3, Chapter 16, Section 2631.
J. "Single
wall pipe" means all parts of any pipeline or system of pipelines
as defined in the
Health and Safety Code, Chapter 6.7, Section 25281.5
that does not have secondary containment and is used to convey only
motor vehicle fuel.
K. "Single
wall tank" means any one or combination of tanks as defined in the
Health and Safety Code, Chapter 6.7, Section 25281(y) that does not
have secondary containment and is not contained in a basement of sub-grade
structure that can be physically entered by a person. This definition
is applicable only to tanks that contain motor vehicle fuel.
L. "Site
conceptual model (SCM)" means a graphical and narrative that shows
the extent of known soil contamination and groundwater degradation
relative to the leaking UST system and potential receptors. The SCM
should be updated as characterization data becomes available and used
to make determinations for future investigations.
M. "Tank
and pipe connected system" means any underground storage tank (including
pipe), vapor recovery pipe, vent pipe, fill pipe, under dispenser
containment and ancillary equipment that is directly or indirectly
connected together.
N. "Temporary
closure permit" means a permit issued by the Environmental Management
Department to perform a temporary closure of an underground storage
tank as described in 23
CCR, Division 3, Chapter 16, Sections 2670
and 2671.
(SCC 1285 § 2, 2004; SCC
1437 § 1, 2009)
Except as otherwise expressly provided by this chapter, all
requirements, limitations and exemptions contained in Chapters 6.7
and 6.75 of the
Health and Safety Code (commencing with Section 25280),
and Chapters 16 and 18 of Division 3, Title 23, California Code of
Regulations are hereby incorporated herein by reference. The Environmental
Management Department is hereby designated pursuant to Section 25283
of the
Health and Safety Code as the agency responsible for implementation
and enforcement of Chapter 6.7 of the
Health and Safety Code.
(SCC 1285 § 2, 2004; SCC
1437 § 2, 2009)
A. Pursuant to Section 25299.1(d) of the
Health and Safety Code, the Director may issue an administrative enforcement order as specified in Section
6.34.095 of this chapter.
B. Notwithstanding
corrective action requirements contained in the California Code of
Regulations (
CCR), Title 23, Division 3, Chapter 16, Article 11, Responsible
Parties for unauthorized releases from underground storage tank systems
shall comply with all written corrective action directives issued
by the Environmental Management Department.
C. Responsible
parties shall ensure that all groundwater monitoring wells at an underground
storage tank release site shall be sampled according to a Groundwater
Monitoring and Sampling Plan established in writing by the Environmental
Management Department. The Plan may be subject to periodic revision
and modification as established by the Environmental Management Department.
1. All
groundwater samples shall be analyzed for those constituents listed
in the Groundwater Monitoring and Sampling Plan unless this list has
been modified, in writing, by the Environmental Management Department.
2. The
reporting limit for each listed constituent shall be achieved unless
it is analytically infeasible, in which case a statement to that effect
by the California Department of Health Services accredited laboratory
conducting the analysis must be provided with the data.
3. All
samples detected above their respective detection limits shall be
tabulated in the quarterly reports and those detections shall be discussed
in the text of the report. Tables of analytical data contained in
quarterly reports must contain the reporting limits for each constituent
in each sample.
4. Changes
in analytical laboratories must be indicated in data tables. All "unidentified
peaks" must be quantified, tabulated and discussed in the text of
the report.
5. All
analytical data generated by a California Department of Health Services
accredited laboratory for samples collected from, or in conjunction
with, any environmental site investigation at an underground storage
tank site shall be submitted to the Environmental Management Department
within 120 days of the date of analysis.
6. A
groundwater monitoring well that is inaccessible for any scheduled
sampling event shall be sampled within one calendar week of the scheduled
event.
D. Responsible
parties shall ensure that quarterly status reports be submitted within
15 days of the end of the calendar quarter, i.e., on or before the
15th of April, July, October, and January to the Environmental Management
Department, unless this schedule has been modified, in writing, by
the Environmental Management Department.
E. Responsible
parties shall notify the Environmental Management Department by telephone
and in writing, within one calendar week of the discovery of any of
the following circumstances:
1. Free
product in groundwater where it has been absent for one year or more;
2. Detections
of listed constituents at concentrations at or above their reporting
limits in sentinel wells;
3. Anomalous
groundwater elevations;
4. Significantly
increased chemical concentrations in groundwater; or
5. Damaged
or missing groundwater monitoring wells.
F. Responsible
parties shall not remove a soil or groundwater remediation system
for longer than one month without prior written approval from the
Environmental Management Department.
G. Responsible
parties shall prepare a "Site Conceptual Model" in accordance with
usual and customary engineering and geologic practice which shall
be submitted within 120 days of the discovery of an unauthorized release
for new sites or within 120 days of the adoption of this section for
existing sites.
H. Responsible
parties shall ensure that all soil, vapor and groundwater sampling
shall be conducted in accordance with their work plan's data quality
assurance protocols.
I. Responsible
parties shall upload to the Geotracker database established by the
State Water Resources Control Board all data required by
CCR Title
23, Division 3, Chapter 16, Article 11. For the purpose of establishing
compliance with corrective action reporting requirements, technical
reports and data shall not be deemed received until submitted to the
Geotracker database.
(SCC 1437 § 3, 2009)
A. No person
shall own or operate an underground storage tank within the County
of Sacramento unless by authority of a valid, unexpired, unsuspended
and unrevoked permit for such ownership or operation, or a unified
program facility permit for the unified program facility on which
the tank is located, issued to the owner or operator pursuant to the
provisions of this chapter, except as otherwise provided in subdivisions
(c) and (d) of Section 25284, and Section 25283.5 of the Health and
Safety Code.
B. Such
an operations permit is site, business and owner specific and may
not be transferred to other owners or locations. Any person assuming
ownership of an underground storage tank used for the storage of hazardous
substances for which a valid operating permit has been previously
issued shall have 30 days after the date of assumption of ownership
to apply for a new operations permit. 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 this section.
C. A permit
issued pursuant to this chapter for an underground storage tank installed
on or before December 22, 1988, shall require compliance with Section
25292 of the
Health and Safety Code. A permit issued pursuant to this
chapter for an underground storage tank installed after December 22,
1988, shall require compliance with Section 25291 of the Health and
Safety Code.
D. A person
shall be deemed to operate an underground storage tank if the person
in effect supervises, inspects, directs, organizes, manages or controls
or is in any way responsible for or in charge of the facility for
which a permit is required.
E. This section does not obviate the requirement to obtain valid permits pursuant to Title
16 and
17 of this code, or compliance with other applicable ordinances, including, but not limited to the Sacramento County Zoning Code.
F. A permit will not be issued, renewed, or extended if the Director, upon inspection of the underground storage tank, determines that it does not comply with this chapter. A permit may not be issued, renewed, or extended if the applicant has not paid the local fees and state surcharges assessed pursuant to Chapter
6.99 of Title
6 of this Code and Section
6.34.085 of this chapter.
(SCC 1285 § 2, 2004; SCC
1437 § 4, 2009)
A. Permit.
No person shall install, repair, replace, modify, upgrade, close or
remove an underground storage tank, underground storage tank system
of leak detection console within the county of Sacramento, unless
by authority of a valid, unexpired, unsuspended and unrevoked permit
for such installation, repair, replacement, modification, upgrade,
closure or removal, issued to the owner or operator pursuant to the
provisions of this chapter.
1. A
closure permit must be applied for within 90 days of ceasing operation
of the underground storage tank. Activities authorized under the permit
shall be completed within 180 days of permit approval.
2. Activities
authorized under a temporary closure permit shall be completed within
90 days of permit issuance.
3. Activities
authorized under all other permits shall be completed within 180 days
of issuance
B. Extension
of Permit and Fee for Extension. The Director may, in his or her discretion,
extend the completion date one time, for 180 days, provided a fee
constituting 20% of the original permit fee has been paid at the time
the extension is requested.
(SCC 1285 § 2, 2004; SCC
1437 § 5, 2009)
All applications for a permit under this chapter, including
applications for renewal or extension of permits, shall be filed with
the Director.
(SCC 1285 § 2, 2004)
Application for a permit under this chapter, including application
for renewal or extension of a permit, shall be filed on a form provided
by and shall contain such additional information as prescribed by
the Director.
(SCC 1285 § 2, 2004)
The Permitting Authority hereby designates the Director as its
designee for the issuance of permits. The Director shall act upon
the application not later than 60 days after the date it is accepted
as complete.
(SCC 1285 § 2, 2004)
A permit will not be issued, renewed, or extended if the Director, upon inspection of the underground storage tank, determines that it does not comply with this chapter. A permit may not be issued, renewed, or extended if the application has not paid the local fees and state surcharges assessed pursuant to Chapter
6.99 of Title
6 of this Code and Section
6.34.085 of this chapter.
(SCC 1285 § 2, 2004)
Permits issued pursuant to this chapter shall be subject to
conditions imposed by the Director and such additional conditions
as the Director determines are necessary to promote the purposes and
objects of Chapters 6.7 and 6.75 of the
Health and Safety Code, and
of this chapter. The owner or operator must comply with all conditions
or requirements specified by any permit issued by the Director.
(SCC 1285 § 2, 2004; SCC
1437 § 6, 2009)
Permits issued under Section
6.34.030 of this chapter shall be effective for one year from the date of issuance. Permits issued under Section
6.34.035 of this chapter shall be effective for 180 days unless extended pursuant to subsection
(B) of Section
6.34.035 of this chapter.
(SCC 1285 § 2, 2004)
Any permit issued pursuant to this chapter may be revoked, modified
or suspended during its term, upon one or more of the following grounds:
A. Violation
of any of the terms or conditions of the permit, including nonpayment
of fees;
B. Obtaining
the permit by misrepresentation or intentional failure to fully disclose
all relevant facts;
C. A change
in any condition that requires modification or termination of the
operation of the underground storage tank; or
D. Violation
of any provision of this chapter, including the State laws and regulations
incorporated by reference in this chapter.
(SCC 1285 § 2, 2004)
The Director may revoke, modify, or suspend a permit by issuing a written notice stating the reasons therefor, and serving same together with a copy of the provisions of this chapter, upon the holder of the permit. The revocation, modification or suspension shall become effective 15 days after service of the notice, unless the holder of the permit enters into a settlement agreement with the Director or appeals the notice in accordance with the provisions of Section
6.34.120. If such an appeal is filed, the revocation, modification or suspension shall not become effective until a final decision on the appeal is issued.
(SCC 1285 § 2, 2004)
A business or facility which operates or conducts an enterprise
at more than one address or location shall apply for and comply with
all requirements necessary to obtain a separate permit issued pursuant
to this chapter for each location where an enterprise is maintained.
Each place where a different street address is assigned to an enterprise
shall be deemed to constitute prima facie separate location. With
respect to an enterprise conducted at a single location whose operation
involves the operation and maintenance of an underground storage tank
in functions which are different from each other, or involves functions
that are separated by significant physical distances, the Environmental
Management Department may, in its discretion, require more than one
permit and as many permits as it deems necessary and appropriate to
effectively administer the provisions of this chapter.
(SCC 1285 § 2, 2004)
Fees associated with permits and other regulatory functions under this chapter are prescribed by Chapter
6.99 of this code and Section
6.34.035 of this chapter.
(SCC 1285 § 2, 2004; SCC
1437 § 7, 2009)
It shall be unlawful for any person to violate any provision
of Chapter 6.7 (commencing with Section 25280) of the Health and Safety
Code or this chapter. Each and every day a violation of Chapter 6.7
(commencing with Section 25280) of the
Health and Safety Code or this
chapter continues shall constitute a separate offense. The person
committing or permitting such offenses may be charged with a separate
offense for each such violation.
(SCC 1285 § 2, 2004)
A. Pursuant to Section 25404.1.1 of the
Health and Safety Code, if the Director determines that a person has committed, or is committing, a violation of any law, regulation, permit, information request, order, directive, variance, or other requirement that the Director is authorized to enforce or implement pursuant to this chapter, the Director may issue an administrative enforcement order requiring that the violation be corrected and imposing an administrative penalty as specified in Section
6.34.100 hereof.
B. By written
policy the Director shall adopt procedures for enforcing this chapter.
Such procedures shall contain those elements required by, and shall
be consistent with the provisions stated in Section 25404.1.1 of the
Health and Safety Code, or any successor statute thereto. The administrative
enforcement procedures adopted shall not be exclusive, but are cumulative
with all other remedies available by law and under this chapter.
(SCC 1285 § 2, 2004)
For violations defined in Section
6.34.090 of this chapter, violators shall be subject to the applicable civil penalties provided in subdivisions (a) through (f) of Section 25299 of the
Health and Safety Code.
(SCC 1285 § 2, 2004)
When any person has engaged in, is engaged in, or threatens
to engage in, any acts or practices which violate this chapter, or
any resolution, rule, or regulation adopted pursuant to this chapter,
the Office of the County Counsel for Sacramento County may apply to
any court of competent jurisdiction for an order enjoining those acts
or practices, or for an order directing compliance.
(SCC 1285 § 2, 2004)
A. The
Director may issue a cease and desist order requiring the owner or
operator of any facility, or any other person responsible for any
violation of this chapter, to take any of the following actions:
1. Immediately
discontinue any prohibited discharge of a hazardous material.
2. Immediately
discontinue any other violation of this chapter.
3. Satisfactorily
remediate the area affected by the violation.
B. The Director may issue an administrative enforcement order, pursuant to Section
6.34.095 of this chapter, if it has been determined that an owner or operator has not complied with any or all provision(s) of any cease and desist order.
(SCC 1285 § 2, 2004)
Whenever the term "Hearing Authority" is utilized in this chapter,
it shall be deemed to refer to one or more persons assigned the responsibility
of conducting a hearing.
A. County
management personnel who the County Executive finds are qualified
by training and experience to conduct such hearings;
B. Any
person or persons, qualified by training or experience, who the County
Executive may employ or who are retained by contract to conduct such
hearings; or
C. Administrative
Law Judges assigned to the State of California Office of Administration
Hearings.
The County Executive is hereby authorized to contract in the
name of the County for the retention of hearing services at rates
which do not exceed financial limitations established by the County's
annual budget.
|
(SCC 1285 § 2, 2004)
A. Pursuant
to subdivisions (d) through (h) of Section 25404.1.1 of the Health
and Safety Code, any person served with an order pursuant to this
chapter who has been unable to resolve any violation with the Environmental
Management Department, may within 15 days after service of the order,
request a hearing by filing a notice of defense with the Director.
If an appeal is not filed within the time or in the manner prescribed
above, the right to review of the action against which the complaint
is made shall be deemed to have been waived.
B. Should
a person file a notice of defense within 15 days after the service
of the order, a hearing shall be granted and conducted in accordance
with Section 25404.1.1(e) of the
Health and Safety Code.
(SCC 1285 § 2, 2004; SCC
1437 § 8, 2009)