A. Liquids and Solids at STP. As soon as any person in charge of a storage facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed unauthorized discharge of a hazardous material which is liquid or solid at STP, such person shall take all necessary steps to ensure the discovery and containment and cleanup of such discharge and shall notify Cupertino of the occurrence as required by this subsection.
1. Confirmed Unauthorized Discharge.
a. Recordable Unauthorized Discharge. Any recordable unauthorized discharge shall be contained and safely disposed of in an appropriate manner by permittee and such occurrence and the response thereto shall be recorded in the permittee’s monitoring records. A recordable unauthorized discharge is any unauthorized discharge of a hazardous material which meets all of the following criteria:
i. The discharge is from a primary containment to a secondary containment or to a rigid aboveground surface covering capable of containing the discharge until cleanup of the hazardous material is completed; and
ii. The permittee is able to adequately clean up the discharge before it escapes from such secondary containment or such aboveground surface, but if the cleanup requires more than eight hours, it becomes a reportable discharge in accordance with paragraph b of subdivision 1 of subsection A of this section; and
iii. There is no increase in the hazard of fire or explosion, nor is there any production of a flammable or poisonous gas, nor is there any deterioration of such secondary containment or such rigid aboveground surface; and
iv. An otherwise recordable unauthorized discharge does not need to be recorded if the discharge is not the result of the deterioration or failure of the primary container and the quantity discharged is less than one ounce by weight, and can be cleaned up within fifteen minutes.
b. Reportable Unauthorized Discharge. Any unauthorized discharge which is not determined to be recordable under paragraph a of subdivision 1 of subsection A of this section, must be reported to Cupertino immediately. The reporting party shall provide information to Cupertino relating to the ability of permittee to contain and dispose of the hazardous material, the estimated time it will take to complete containment and disposal, and the degree of hazard created. Cupertino may verify that the hazardous material is being contained and appropriately disposed. Cupertino, at any time upon a determination that permittee is not adequately containing and disposing of such hazardous material, shall have the power and authority to undertake and direct an emergency response in order to protect the public health and/or safety.
2. Unconfirmed Unauthorized Discharge.
a. Indication of Loss in Inventory Records. Whenever a material balance or other inventory record indicates a loss of hazardous material, and no unauthorized discharge has been confirmed by other means, permittee shall have five working days to determine whether or not there has been an unauthorized discharge. If before the end of such period, it is determined that there has been no unauthorized discharge, an entry explaining the occurrence shall be made in permittee’s monitoring records. Where permittee has not been able, within such period, to determine that there has been no unauthorized discharge, an unauthorized discharge is deemed confirmed and permittee shall proceed in accordance with paragraph b of subdivision 1 of subsection A of this section.
b. Test Results. Whenever any test results suggest a possible unauthorized discharge, and no unauthorized discharge has been confirmed by other means, the permittee shall have five working days to retest. If second test results obtained within that period establish that there has been no unauthorized discharge, the results of both tests shall be recorded in permittee’s monitoring records. If it has not been established within such period that there has been no unauthorized discharge, an unauthorized discharge is deemed confirmed and permittee shall proceed in accordance with paragraph b of subdivision 1 of subsection A of this section.
B. Gases at STP. Any person in charge of a storage facility or responsible for emergency response for a storage facility, who has knowledge of any unauthorized discharge of a hazardous material which is a gas at STP, must immediately report such discharge to Cupertino if such discharge presents a threat of imminent danger to public health and safety.
C. Office of Emergency Services. Cupertino shall submit a written report to the office of emergency services within ten working days from the date that Cupertino is notified of an unauthorized discharge from an underground storage tank.
(Ord. 1244, (part), 1983; Ord. 1220, (part), 1983)