The purpose of this chapter is to delineate the operating and permitting requirements to conduct mobile fueling operations throughout the City and to specify limitations for mobile fueling within the South Tacoma Groundwater Protection District and Aquifer. The International Fire Code (“Fire Code”), adopted as Chapter 3.02 TMC, addresses the conditions and regulations governing the dispensing of motor vehicle fuel from tank vehicles into the fuel tanks of on-road motor vehicles.
(Ord. 26389 § 4, 1999-05-25; Ord. 27794 Ex. A, 2009-04-14)
These requirements pertain to the dispensing of liquid fuels from a tank vehicle to the fuel tank of an on-road motor vehicle.
(Ord. 26389 § 4, 1999-05-25; Ord. 27794 Ex. A, 2009-04-14; Ord. 28730 Ex. B, 2021-01-26)
An annual permit shall be obtained for each business engaged in mobile fueling. An annual permit shall be obtained for each site where mobile fueling is to be performed. Each cargo tanker engaged in mobile fueling activities shall also be licensed by the City of Tacoma under Chapter 6B.150 TMC as an Oil and Gas delivery vehicle. Each cargo tanker engaged in mobile fueling activities shall meet the requirements listed below. The Tacoma Fire Department shall be responsible for the issuance of the required permits. All sites and tankers shall be inspected prior to issuance of an initial or annual permit.
(Ord. 26389 § 4, 1999-05-25; Ord. 27794 Ex. A, 2009-04-14)
The Fire Chief shall be authorized to suspend or revoke a permit per the criteria established in TMC Chapter 3.02 and commonly known as the Fire Code. The Fire Chief shall also be authorized to revoke site permits when site management fails to notify the Fire Department of a spill.
(Ord. 26389 § 4, 1999-05-25)
"Auto start and stop nozzle."
An approved dispensing nozzle which is not capable of dispensing fuel unless the nozzle is in contact with the fuel opening of the motor vehicle. The nozzle is unable to dispense fuel until it has entered the fuel opening of the motor vehicle fuel tank. The nozzle will automatically stop dispensing immediately after extracting the nozzle from the fuel tank opening.
"Cargo tanker."
A cargo tank motor vehicle, as defined by the Department of Transportation (“DOT”), with one or more cargo tanks permanently attached to or forming an integral part of the motor vehicle and, for the purpose of this chapter, intended to carry liquid fuel.
"Fuel limit switch."
A mechanism located on the cargo tanker which limits the quantity of fuel dispensed at one time. A “count-back-switch” provides this dispensing limitation.
"Mobile fueling."
The operation of dispensing liquid fuels from tank vehicles into the fuel tanks of motor vehicles. Mobile fueling may also be known by the terms mobile fleet fueling, wet fueling, and wet hosing.
"Remote emergency shut-off device."
An approved device capable of halting the pumping of fuel from a distance. This device shall not be affixed to the cargo tanker.
"Storm drain cover."
An approved drain cover meeting the requirements of Tacoma’s Utility Services Engineering Division of Public Works.
(Ord. 26389 § 4, 1999-05-25; Ord. 27794 Ex. A, 2009-04-14; Ord. 28730 Ex. B, 2021-01-26)
A. 
Financial resources. Prior to engaging mobile fueling, a fueling company shall demonstrate to the satisfaction of the Fire Chief the financial resources necessary to successfully mitigate a spill and the resulting contamination subsequent to a release during a mobile fueling operation (i.e., proof of insurance or surety bond). Insurance in the amount of $2 million dollars per incident, which covers the following risks, shall constitute sufficient proof: property and casualty, loading, unloading, transportation, remedial environmental mitigation, and malicious actions. The insurance policy shall identify the City of Tacoma as an additionally named insured thereunder, and stipulate that said policy shall provide primary coverage, regardless of what other insurance the City may carry on its own behalf. The City shall be given not less than 15 days advance written notice of any termination or material change to the policy. No permit shall be deemed valid if the permit holder’s insurance policy changes in such a way as to fail to comply with TMC Chapter 3.10. The permit holder must cease and desist all operations permitted under TMC Chapter 3.10 from the date such change to the policy occurs.
B. 
Company response plan. The fueling company shall provide a written company response plan to demonstrate its preparation to respond to a fuel spill and carry out appropriate mitigation measures, and to indicate its process to dispose of contaminated materials. This plan must include details on (1) notification; (2) operator mitigation actions; (3) immediate response available for mitigation assistance; (4) company contracted to clean up or equipment and supplies available by the company to respond and clean up; (5) process for safeguarding contaminated materials on the tanker; and (6) final hazardous waste disposal process.
C. 
Annual company permit. Each company shall obtain an annual permit that shall verify the company’s proof of financial requirements, update its company response plan, provide a list of licensed and trained operators, and verify all DOT inspection requirements for cargo tankers performing mobile fueling. Permits are not transferable between persons or companies.
(Ord. 26389 § 4, 1999-05-25)
A. 
Cargo tanker licenses. Each cargo tanker shall be licensed by the City of Tacoma under Chapter 6B.150 TMC as an Oil and Gas delivery vehicle. All required equipment, safety features, and devices shall be in full working order at all times.
B. 
Emergency shut-off valve. The cargo tanker shall have an approved emergency shut-off valve.
C. 
Permit papers. Each cargo tanker shall carry proof of the mobile fueling company permit.
(Ord. 26389 § 4, 1999-05-25; Ord. 27794 Ex. A, 2009-04-14)
Driver’s License. Operators must possess the appropriate Washington State Commercial Driver’s License to operate vehicles carrying hazardous materials (i.e., CDL with tank vehicle endorsement and hazardous materials endorsement).
(Ord. 26389 § 4, 1999-05-25; Ord. 27794 Ex. A, 2009-04-14)
A. 
Site permits. Site permits shall include language directing the permittee to notify all persons and parties who have an interest in the property wherein mobile fueling will be occurring. The permittee shall inform all persons and parties with an identifiable property interest regarding the existence of risk in the activity and the extent of insurance coverage provided by the fueling company.
B. 
Permit renewal. Each site shall be permitted annually. The permittee shall notify the Fire Prevention Office whenever site alterations are made which affect locations of fueling, or prior to any change in fueling companies. Permits are not transferable between parties or companies.
C. 
Marking of fueling sites. Each site shall have marked locations where fueling is permitted to occur. This marking shall be made either by signage (above gravel or dirt) and/or blue lines (on pavement). A fire official will indicate the specific markings during the permit inspection. Exception: Marking may be omitted when a site map has been approved and is posted at the facility and with the cargo tanker’s operator.
D. 
Locations of fueling. Each location permitted for fueling shall be:
(i) 
At least 15 feet from all buildings, combustible storage, compressed gas tanks and Class I, II, or III storage tanks. Exception: The distance to storage tanks can be eliminated if the tanks are tested and labeled as two-hour protected tank assemblies. Exception: Structures constructed of non-combustible materials, open on all four sides and used solely for covered vehicle parking, are exempt from this separation distance. Fueling may be permitted to occur inside such structures; and
(ii) 
Protected by continuous pavement (cement or asphalt) which is in good repair. Exception: Protection by continuous pavement is not required for sites outside the South Tacoma Groundwater Protection District if tanker vehicles are fitted with an approved automatic start and stop nozzle, and a remote auto shut-off is carried on operator.
E. 
Unusual hazards. Mobile fueling shall not be permitted where unusual exposures to life or property exist.
F. 
Bodies of water and designated wetlands.
(i) 
Locations on which mobile fueling is permitted are to be reasonably level and are not to have any preferential pathway that would tend to channel and/or expedite the flow of the spilled fuel into a body of water or designated wetland or wetland buffer.
(ii) 
Mobile fueling will not be permitted within 50 feet of any designated wetland buffer, or body of water, as measured from the outer edge of the buffer boundary of a designated wetland/stream buffer or from the ordinary high water mark when no buffer exists.
Exception: A permit may be issued if the Environmental Program Coordinator, or other City-designated environmental specialist, has approved additional measures to protect the body of water or designated wetland, such as appropriately sloped, drained, and curbed paving. It shall be the responsibility of the site owner to obtain approval under this exception. Any permit holder permitted under this exception shall cover all catch basins prior to commencing any fueling operations.
(iii) 
Sites which are adjacent to designated wetlands, wetland buffers, streams, or bodies of water shall have on site, in a marked conspicuous location a minimum of 50 feet of 4-inch diameter, non-water absorbing containment boom.
(Ord. 26389 § 4, 1999-05-25; Ord. 27794 Ex. A, 2009-04-14; Ord. 28730 Ex. B, 2021-01-26)
Any person, firm, or corporation which violates any provisions of this chapter, including any entity responsible for a mobile fueling site, shall be guilty of a separate misdemeanor offense for any violation of any of the provisions of this chapter for each day (or portion of the day of the citation) that the violation is committed, continued, or permitted to exist. The maximum penalty for each such misdemeanor shall be 90 days in jail and/or a $1,000.00 fine. Upon a first conviction, there shall be imposed a fine of not less than $100.00 and, upon a second conviction, there shall be imposed a fine of not less than $250.00 and, upon a third or subsequent conviction, there shall be imposed a fine of not less than $1,000.00 and/or imprisonment for not more than 90 days. Upon conviction, the court may also order immediate action by the person, firm, corporation, or other legal entity to correct the condition constituting the fire hazard. The mandated minimum fine shall be in addition to statutory costs and assessments.
(Ord. 26389 § 4, 1999-05-25; Ord. 28730 Ex. B, 2021-01-26)