Any storage facility in existence as of the effective date of the ordinance codified in this chapter, or any storage facility for which a building permit was issued prior to the effective date of the ordinance codified in this chapter, which does not meet the standards of Section 9.12.031, may be permitted pursuant to this chapter as long as it is providing suitable storage for hazardous materials. In addition, storage facilities which contain hazardous materials which are liquids or solids at standard temperature and pressure (STP) must be monitored in accordance with a plan approved by Cupertino as set forth herein.*
A. A monitoring plan for each such storage facility containing hazardous materials which are liquids or solids at STP shall be submitted to Cupertino as part of the Hazardous Materials Management Plan.
B. Monitoring under such plan shall include visual inspection of the primary containment wherever practical; however, if the visual inspection is not practical, an alternative method of monitoring each storage facility on a monthly or more frequent basis may be approved by Cupertino.
C. Alternative method(s) of monitoring may include but are not limited to: pressure-testing, vacuum-testing or hydrostatic testing of piping systems, underground storage tanks, groundwater monitoring well(s) which are down gradient and adjacent to the storage facility; vapor analysis within the well(s) where appropriate; and analysis of the soil boring(s) at the time of initial installation of the well(s). The number of well(s), depth of well(s), location of well(s), and sampling of frequency shall be approved by Cupertino.
D. Such monitoring devices and methods, as approved by Cupertino, shall be installed and operating within six months of the issuance of a provisional permit in accordance with subsection B of Section 9.12.083 and subdivision 1 of subsection B of Section 9.12.141. Cupertino may grant an extension of this compliance date; however, such extension shall not exceed one additional year. The full-term permit may be issued when compliance with this subsection has been achieved. However, all existing facilities shall be outfitted with a monitoring system by January 1, 1985.
E. The continued use of and permit approval for, existing storage facilities is subject to review and modification or termination by Cupertino whenever there has been any unauthorized discharge. It shall also be reviewed by Cupertino each time the permit is renewed. In determining whether continued storage in such storage facility is suitable, Cupertino shall consider the age of the storage facility, the methods of containment, the methods of monitoring, the feasibility of the required retrofit, and concentration of the hazardous materials contained, the severity of potential unauthorized discharge, and the suitability of other long-term preventive measures which meet the intent of this chapter. The owner shall install a monitoring system capable of detecting unauthorized releases.
F. Existing storage facilities which are not approved in accordance with this section must be upgraded to comply with this chapter or be closed in accordance with Section 9.12.033 within one year of the decision not to issue a full-term permit. An extension of time for compliance with this subsection, not to exceed one additional year, may be granted by Cupertino.
(Ord. 1253, (part), 1984; Ord. 1252, (part), 1983; Ord. 1244, (part), 1983: Ord. 1220, (part), 1983)
* It is anticipated that a follow-up task force will develop construction and monitoring standards for gases.