This chapter shall be known as "Underground Storage of Hazardous Substances."
(SCC 1285 § 2, 2004)
Note: Prior Ordinance History: SCC 1040, 716, 573.
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.
A.
"Business" means any entity as defined in subdivision (d) of Section 25501 of the Health and Safety Code.
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.
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.
(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.
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)
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)
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)
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:
(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)