All installation, construction, repair or modification, closure and removal of hazardous materials storage facilities shall be to the satisfaction of the Health Officer. The Health Officer shall have the discretion to impose reasonable additional or different requirements in order to better secure the purpose and general obligation of this chapter for protection of human health, safety, or the environment. Every storage facility shall meet the following requirements:
(A) 
The storage facility shall be designed and constructed to provide primary and secondary levels of containment of the hazardous materials stored in them in accordance with the following performance standards:
(1) 
Primary containment shall be product-tight;
(2) 
Secondary containment shall be provided, and shall be constructed to prevent structural weakening as a result of contact with any released hazardous materials and also shall be capable of storing the hazardous materials for the maximum anticipated period of time necessary for the recovery of any released hazardous material;
(3) 
In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least 110 percent of the volume of the primary container;
(4) 
In the case of multiple primary containers, the secondary containment shall be large enough to contain 150 percent of the volume of the largest primary container placed in it, or 10 percent of the aggregate internal volume of all primary containers, whichever is greater;
(5) 
If the storage facility is open to rainfall, then the secondary containment must be able to additionally accommodate the volume of a 24-hour rainfall as determined by a 100-year storm;
(6) 
Secondary containment for storage facilities for materials which react with water to produce hazardous gas or vapor shall not be open to rainfall;
(7) 
Laminated, coated, or clad materials shall be considered single-walled and shall not be construed to fulfill the requirements of both primary and secondary containment.
(B) 
When required by the Health Officer, a means of overfill protection shall be provided for any primary container, including but not limited to an overfill prevention device, or an audible and visual level alarm, or both.
(C) 
Different materials 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.
(D) 
If water can enter into the secondary containment by precipitation or infiltration, the storage facility shall contain a means of water removal by the owner or operator. This removal system shall prevent uncontrolled removal of this water, provide a means of analyzing the removed water for hazardous material contamination and provide a means of disposing of the water, if so contaminated, at an authorized disposal facility, or in an otherwise authorized manner.
(E) 
The storage facility shall 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.
(F) 
All monitoring alternatives shall be subject to review and approval by the Health Officer.
(G) 
Underground storage tanks not otherwise regulated under Chapters 6.11, 6.7, and/or 6.75 of Division 20 of the California Health and Safety Code shall meet the following monitoring requirements:
(1) 
The owner shall outfit the storage facility with a monitoring system capable of detecting unauthorized releases of any hazardous materials stored in the storage facility, and thereafter, the operator shall monitor each storage facility, based on materials stored and the type of monitoring installed.
(2) 
The owner shall provide a means for visual inspection of the storage facility wherever practical, for the purpose of the monitoring required by subsection (G)(1) of this section. Alternative methods of monitoring on a monthly, or more frequent, basis may be required by the Health Officer. The alternative monitoring methods include, but are not limited to, the following methods:
(a) 
For underground tanks, precision testing as defined in National Fire Protection Association Pamphlet 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases, as amended, for proving the integrity of an underground storage tank and piping system at time intervals specified by the Health Officer;
(b) 
A groundwater monitoring well or wells which are down-gradient and adjacent to the storage tank or facility, vapor analysis within a well where appropriate, and analysis of soil boring at the time of initial installation of the well. The Health Officer shall approve the location and number of wells, the depth of wells, and the sampling frequency, pursuant to the policies and procedures promulgated by the Health Officer;
(c) 
A continuous leak detection and alarm system which is located in monitoring wells adjacent to the storage tank or facility and which is approved by the Health Officer.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
(A) 
No person or business shall cause, suffer or permit the use, handling or storage of hazardous materials in any of the following ways:
(1) 
In a manner which violates any provision of this chapter or any other local, Federal or State statute, code, rule or regulation relating to hazardous materials;
(2) 
In a manner which harms or poses a significant risk of harm to human health or adverse impact on the environment; or
(3) 
In a manner which causes an unauthorized discharge of hazardous materials or poses a significant risk of such unauthorized discharge.
(B) 
The Health Officer shall have discretion to require an applicant to meet additional, modified or reduced requirements, where such action would be appropriate and consistent with achieving the general purpose of this chapter to protect human health, safety, or the environment.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
Dispensing and mixing of hazardous materials must not be done in such a manner as to substantially increase the risk of an unauthorized discharge. When hazardous materials are moved into or out of a storage facility, they shall remain in the travel path only for the time reasonably necessary to transport the hazardous materials and such movement shall be in a manner which will not result in an unauthorized discharge.
(Ord. 4521 § 2, 1998)
(A) 
Every person or entity in the business of selling, supplying, delivering, or otherwise transferring a hazardous material, including but not limited to motor vehicle fuels, fuel products, and heating oils (referred to in this chapter as "regulated material"), to be stored in any storage facility subject to the provisions of this chapter, whether such sale, supply, delivery or transfer is wholesale or retail, shall keep and maintain a register in which shall be entered the following information:
(1) 
The name and address of each person or entity receiving the regulated material;
(2) 
The address where the regulated material was received or stored upon completion of the transaction;
(3) 
The common name, chemical name and quantity of the regulated material sold, supplied, delivered or transferred;
(4) 
The date of such sale, supply, delivery or transfer.
(B) 
All records required by this section shall be maintained by the person or entity keeping them for a period of not less than five years. These records shall be made available to the Health Officer upon request during normal working hours and with reasonable notice.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
Access to the storage facilities shall at all times be secured by means of fences and/or locks or some other reasonable means as determined by the Health Officer. The access to areas containing storage facilities shall be kept securely locked when unattended.
(Ord. 4521 § 2, 1998)
Emergency equipment shall be provided by the user which is reasonable and appropriate for potential emergencies presented by the hazardous materials used, as determined by the Health Officer. Such equipment shall be regularly tested and adequately maintained.
(Ord. 4521 § 2, 1998)
(A) 
All permittees shall carry out maintenance, ordinary upkeep, and minor repairs in a careful and safe manner. No permit or other approval will be required for such maintenance and upkeep. Any repair activity made pursuant to this section shall be noted on the permittee's recordkeeping forms and shall be subject to review by the Health Officer.
(B) 
Any substantial modification or repair of a storage facility other than minor repairs or emergency repairs shall be in accordance with plans to be submitted to the Health Officer and approved in accordance with SCCC § 7.100.060 prior to the initiation of such work.
(C) 
A permittee may make emergency repairs to a storage facility in advance of seeking an additional permit approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or to protect the integrity of the containment. However, as soon as possible, but no later than five working days after such emergency repairs have been started, the permittee shall seek approval pursuant to SCCC § 7.100.060 by submitting drawings or other information adequate to describe the repairs to the Health Officer.
(D) 
Replacement of any storage facility for hazardous materials which are liquids or solids at standard temperature and pressure must be in accordance with the installation standards set forth in SCCC § 7.100.160.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
(A) 
The Health Officer may conduct inspections, at their discretion, for the purpose of ascertaining compliance with this chapter, and shall cause to be corrected any condition which constitutes any violation of this chapter, or of any other statute, code, rule or regulation affecting the use and handling of hazardous materials.
(B) 
For the purpose of investigating or enforcing the provisions of this chapter, the Health Officer may enter the facilities or premises of a hazardous materials user at all reasonable times to inspect them; provided, that if the facilities or premises are occupied, the Health Officer shall first present proper credentials and request entry; and provided further, that if such facility or premises is unoccupied, the Health Officer shall first make a reasonable effort to contact the user and request entry, except in emergency circumstances. If such entry is refused, the Health Officer shall have recourse to every remedy provided by law to secure entry.
(C) 
In order to carry out the purposes and provisions of this chapter, the Health Officer has the authority specified in Health and Safety Code Section 25185 with respect to any place where hazardous materials are located, and in Health and Safety Code Section 25185.5 with respect to real property which is within 2,000 feet of any place where hazardous materials are located.
(D) 
The Health Officer shall inspect every storage facility within their jurisdiction at least annually. The purpose of the inspection shall be to determine whether the storage facility complies with the provisions of this chapter, including, but not limited to, whether the storage facility complies with required design and construction standards, whether the operator has monitored and tested the storage facility as required by the permit, and whether the storage facility is in a safe operating condition. After an inspection, the Health Officer shall prepare a compliance report detailing the inspection and shall give or send a copy of this report to the permittee.
(E) 
In addition to, or instead of, the inspections specified in subsection (A) of this section, the Health Officer may require the permittee to employ, periodically, special inspectors or consultants to conduct an audit or assessment of the permittee's facility to determine whether the facility complies with the factors specified in subsection (A) of this section and to prepare a special inspection report with recommendations concerning the safe storage and/or handling of hazardous materials at the facility. The report shall include an evaluation of the facility and contain recommendations consistent with the provisions of this chapter, where appropriate. A copy of the report shall be filed with the Health Officer at the same time the inspector submits the report to the permittee. Within 30 days after receiving this report the permittee shall file with the Health Officer a plan to implement all recommendations contained in the report or shall demonstrate to the satisfaction of the Health Officer why these recommendations should not be implemented. The special inspector or consultant shall be a qualified person or firm who shall demonstrate expertise to the satisfaction of the Health Officer.
(F) 
All other inspections specified herein shall be at the discretion of the Health Officer, and nothing in this chapter shall be construed as requiring the Health Officer to conduct any such inspection, nor shall any actual inspection made imply a duty to conduct any other inspection.
(G) 
Nothing in this chapter shall be construed to hold the County, or any officer, employee or representative of the County, responsible for any damage to persons or property by reason of making an inadequate or negligent inspection, or by reason of any failure to make an inspection or reinspection.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
(A) 
Whenever a person has a concern that a user is improperly handling a hazardous material, the person shall make a report to the Health Officer, indicating:
(1) 
The signs, evidence or other indications of improper handling;
(2) 
The date or approximate date of improper handling;
(3) 
The impact, if known, of the improper handling;
(4) 
The name of the user, or location of the improper use; and
(5) 
The name of the person reporting the improper handling and such information as is necessary to contact them to report any action taken in response to the complaint.
(B) 
The Health Officer shall make an initial determination as to the validity of the complaint and whether it should be further investigated.
(C) 
Within 45 days of a valid report of improper handling of a hazardous material, the Health Officer shall:
(1) 
Require the user to respond to the reported information of mishandling;
(2) 
Require the user to come into compliance with the provisions of the HMMP accepted for the issuance of a permit;
(3) 
Require the user to apply for a permit; and/or
(4) 
Take any enforcement action against the user permitted by this chapter; and
(5) 
Notify, in writing, the person making the complaint of the actions taken and the reasons.
(D) 
The Health Officer shall keep the name of the informant confidential.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
(A) 
No storage facility shall be abandoned.
(B) 
Any storage facility may be temporarily taken out of service due to an emergency. The Health Officer shall be notified of any such emergency as soon as practically possible.
(C) 
A storage facility 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 (D) of this section for the period of time the facility is not in use.
(D) 
No person or business shall permanently close a storage facility unless the person or business undertakes all of the following actions:
(1) 
Obtains a written permit or approval from the Health Officer;
(2) 
Provides for, and carries out, the maintenance of the facility as the Health Officer determines is necessary, for the period of time the Health Officer requires or until it has been demonstrated to the satisfaction of the Health Officer that all residual amounts of hazardous materials have been removed, properly disposed of, and/or neutralized;
(3) 
Adequately seals any storage facility which is to remain in place in a manner to minimize any threat to the public safety and the possibility of water intrusion into, or runoff from, the facility;
(4) 
Demonstrates to the Health Officer that there has been no significant soil and/or water contamination resulting from a discharge in the area surrounding the storage facility.
(E) 
Any storage facility out of service for a period of one year shall be deemed to be permanently closed and shall be subject to the requirements of subsection (D) of this section.
(F) 
Any person or business having an interest, including a leasehold interest, in real property and having reason to believe that an abandoned storage facility is located upon such property shall make a reasonable effort to locate such storage facility and report the same to the Health Officer within 10 days of discovery.
(Ord. 4521 § 2, 1998)