1192.05 REGULATED SUBSTANCE STORAGE PROVISIONS: ABOVE GROUND STORAGE.
(a) Applicability.
(1) This Section applies to the above ground storage of Regulated Substances in the Source Water Protection Area in quantities meeting or exceeding those specified in Subsection 1192.10(a)(2).
(b) General Container and Regulated Substance Handling Requirements at Non- residential Facilities.
(1) All containers subject to regulation under this Chapter used for the storage or use of Regulated Substances at new and existing non-residential facilities must be:
A. Product-tight and free of any defects which may result in a release of the contained Regulated Substance;
B. Made of or lined with materials which will not react with and are otherwise compatible with the Regulated Substance stored;
C. Individually and clearly labeled with the contents of the container. If a Regulated Substance is being stored on site under the temporary storage provisions in Subsection 1192.04(e), the Regulated Substance storage unit must also be labeled with the date on which temporary storage began.
D. Stored on or above an impervious surface at all times that is free of any gaps, cracks, or other effects of deterioration that would allow for the penetration of Regulated Substances stored on that surface into surrounding soils, or, if stored on a pervious surface, stored with secondary containment in the form of a dike, containment pallet, or other containment unit capable of containing a release from the Regulated Substance storage unit. Existing ASTs are exempt from this requirement; and
E. Visually inspected weekly by the Facility Operator for any evidence of leaks, improper storage, or potential hazards that may result in a release of materials being stored in or transferred into the storage unit. Aisle space between containers must be adequate to allow for inspections. Where applicable, any leak detection or early warning system associated with an AST also must be inspected on a weekly basis. The Facility Operator must maintain a record of inspections and the findings of those inspections, and made available on request by the Development Services Director or Designee. Any weekly inspection log maintained by a Facility Operator under another federal, state, or local program shall satisfy the requirements of this subsection provided the inspection includes those Regulated Substance storage units regulated under this Chapter.
Any Facility Operator installing an impervious surface or providing secondary containment under subsection (b)(1)D. hereof must do so no later than one hundred eighty (180) days after becoming subject to regulation under subsection (b)(1)D. hereof. Continued storage of Regulated Substances on a pervious surface beyond this one hundred eighty (180) day period is permitted only if granted a temporary variance.
(2) Defective Storage Units. A Facility Operator must remove defective storage units from service immediately and repair or replace the defective units if needed. Defective storage units permanently taken out of service must be decontaminated and disposed of in accordance with applicable federal, state, and local waste management standards.
(3) Storage in Trucks, Trailers, Tankers, or Rail Cars. Any truck, trailer, tanker, or rail car used for the storage of Regulated Substances within the Source Water Protection Area must:
A. Be structurally stable and free of any defects that may result in a release of the Regulated Substances stored in the truck, trailer, tanker, or rail car;
B. Be clearly labeled with the contents;
C. Be visually inspected weekly by the Facility Operator for any evidence of leaks, improper storage, or potential hazards that may result in a release of materials being stored in or transferred into or out of the storage unit; and
D. Have all doors, valves, or other openings through which a release could occur locked or otherwise secured when not in use so as to prevent a release of the Regulated Substance through the opening(s)
(4) Spill Control Plan. Permanent storage or use of Regulated Substances subject to regulation under this Chapter at new and existing facilities in a storage unit where a release from the storage unit would reach a pervious soil surface, dry well, storm sewer, or surface water body requires the development of a Spill Control Plan in accordance with Subsection 1192.05
(g). A Facility Operator is exempt from this requirement if the storage unit or storage/usage area is secondarily contained.
(c) Residential Regulated Substance Storage Units.
(1) All containers subject to regulation under this Chapter used for the storage or use of Regulated Substances at new and existing residential facilities must be:
A. In compliance with Subsections 1192.05(b)(1)A. through D.;
B. Visually inspected by the Facility Operator on a monthly basis. Where applicable, any leak detection or early warning system associated with an AST also must be inspected at that time; and,
C. Provided with a Spill Control Plan in accordance with Subsection 1192.05(g)(5), where applicable.
(d) Aboveground Storage Tank (AST) Installation.
(1) Installation of New ASTs. This Section applies to the installation of ASTs at new or existing facilities after the effective date of this Chapter when the capacity of the AST meets or exceeds the quantity thresholds established in Subsection 1192.10
(a)(2). All new ASTs must be registered in accordance with Subsection 1192.04
(d)(1) and meet the general handling requirements specified in Subsection 1192.05
(b) in addition to the following:
A. Bottom Clearance. All ASTs must have ground clearance of no less than two (2) inches from the outermost wall of the AST to allow for visual inspection of the underside of the AST. This requirement may be waived if the size of the AST prevents raising the tank as required or the AST is a concrete vaulted tank.
B. Secondary Containment. Unless required under Subsection 1511.01
(c)(18) of these Codified Ordinances, all ASTs meeting or exceeding the thresholds established for secondary containment in Subsection 1192.05(
e)(2) herein must be installed with secondary containment meeting or exceeding those requirements specified in Subsections 1192.05(e)(3) through (5).
C. Barriers. Any AST meeting or exceeding the thresholds established for secondary containment in Subsection 1192.05
(e)(2) and which is installed in an area where the AST is open to vehicle damage must be protected against impact with physical barriers meeting the approval of the Development Services Director or Designee. Any impervious dike utilized as secondary containment meets the requirements for a physical barrier.
(2) Replacement of Existing ASTs. Replacement of an existing AST after the effective date of this Chapter with any new or used AST is considered installation of a new system and therefore subject to any federal, state, and local regulations for the installation of new ASTs in addition to the provisions of this Chapter, unless specified otherwise.
(e) Secondary Containment Requirements.
(1) Exemptions. Unless required under Subsection 1511.01(
c)(18) of these Codified Ordinances, the following are exempt from the secondary containment requirements in this Chapter:
A. Storage of Regulated Substance(s) indoors in an area capable of fully containing within the Facility a total release of the Regulated Substance(s) for which the exemption is being claimed, or draining the release to a wastewater treatment system capable of treating the released substance(s). NOTE: Septic tank systems do not qualify as a wastewater treatment system under this exemption;
B. Storage of Regulated Substances as consumer products packaged in original containers;
C. Storage of Regulated Substances in storage units/areas with secondary containment comparable to or exceeding that required in Subsections 1192.05(e)(3) through (5) herein; and
D. ASTs located in the 10 year TOT.
(2) Secondary Containment Requirements for ASTs. Unless exempted under Subsection 1192.05
(e)(1), secondary containment is required as follows for ASTs installed after the effective date of this Chapter:
A. All ASTs installed in the one (1) year TOT with a capacity exceeding fifty-five (55) gallons; and
B. All ASTs installed in the five (5) year TOT with a capacity of five hundred (500) gallons or more when storing petroleum or petroleum-based products, or two hundred and fifty (250) gallons or more when storing all other Regulated Substances.
(3) Construction. Secondary containment systems must be constructed of or lined with materials compatible with the Regulated Substance stored. Secondary containment must be of sufficient thickness, density, and composition so as not to be structurally weakened from contact with the Regulated Substance or precipitation, and must be free of cracks, joints, gaps, or other imperfections which would allow leakage through the containment.
(4) Double Walls and Diking. An AST must have at least one of the following at the choice of the Facility Operator:
A. Double Walls: designed as a containment area and providing the Facility Operator with manual or electronic interstitial space monitoring capabilities. Laminated, coated, or clad materials shall be considered single-walled and shall not be construed to fulfill the requirement for double walling; or
B. Diking: capable of containing one hundred and ten percent (110%) of the total volume of the tank. If the storage area contains multiple ASTs, the secondary containment must be large enough to contain one hundred and fifty percent (150%) of the volume of the largest AST placed in it, or ten percent (10%) of the aggregate internal volume of all ASTs in the storage area, whichever is greater.
(5) Precipitation.
A. If an AST using a dike as a secondary containment system is exposed to and subject to accumulation of precipitation within the dike, the dike must be designed and operated as follows:
1. The base of the dike must be sloped to a collection point or sump to allow for controlled removal of accumulated storm water or spilled regulated materials; and
2. If the dike is penetrated by a drainage pipe, the pipe must have a lockable valve. This valve shall be kept closed and locked under normal conditions until a determination is made by the Facility Operator that the discharge of storm water is acceptable pursuant to subsection (e)(5)B. hereof.
B. Storm water accumulated within secondary containment that is known or suspected to contain a release from the primary containment unit must be handled in accordance with applicable federal, state, or local laws. No potentially contaminated stormwater may be discharged to a sanitary sewer without approval of the Development Services Director or Designee. The Development Services Director or Designee may require analysis of the stormwater before allowing discharge to the sanitary sewer if the released substance could present a treatment problem at the wastewater treatment plant. The Facility Operator must take all reasonable steps to neutralize the stormwater before discharging the stormwater to any septic system, dry well, sewer, soil, or surface water body.
(f) Temporary Placement Out of Service of ASTS.
(1) Removal from Service. Any Facility Operator intending to place an AST system out of service for less than one (1) year must remove the system from service in accordance with Chapter 1301:7-7-28, Section FM- 2807.2.1 of the State Fire Code in addition to any other applicable federal, state, or local regulations. Any AST meeting any of the secondary containment exemption criteria in Subsection 1192.05
(e)(1) or any heating fuel AST taken out of use for seasonal conditions, is exempt from this requirement.
(2) Returning the Tank to Service. Unless required otherwise under another applicable federal, state, or local regulation, any AST placed out of service for more than ninety (90) consecutive days but less than one (1) year which is to be brought back into service must be brought back into service by the Facility Operator in accordance with Chapter 1301:7-7-28, Section FM- 2807.2.1 of the State Fire Code. Any AST meeting any of the secondary containment exemption criteria in Subsection 1192.05
(e)(1) is exempt from this requirement.
(g) Spill Control Plans.
(1) Non-Residential Facilities. Facility Operators required to develop a Spill Control Plan (SCP) must complete the plan no later than one hundred eighty (180) days after becoming subject to this requirement. The Development Services Director or Designee may provide, at the request of the Facility Operator, a template of the SCP to facilitate development of the SCP. The SCP does not require the signature of a professional engineer. The SCP must be stored on site and made available on request to the fire department or other inspection authority. Any SCP developed in compliance with other federal, state, or local regulatory programs may satisfy the requirements of this provision provided that SCP contains all information specified in Subsection 1192.05
(g)(2) Any deficient information must be amended into the existing SCP to be considered compliant with this Section. If a pre-existing SCP is being used to satisfy this requirement, only compliance with Subsections 1192.05
(g)(3) and (4) is required. Where applicable, one (1) copy of the SCP must be kept in the Facility's repository box (lock box).
(2) Content of the Spill Control Plan. The SCP must specify all of the following:
A. Facility name, address, and phone;
B. Facility Operator name and phone;
C. Emergency contact and phone. Designation of an emergency contact must be done in accordance with Subsection 1192.04(d)(2);
D. A brief description of the type of business conducted at the Facility;
E. The location of the Regulated Substance storage area(s) for which the SCP is being developed;
F. The type(s) and normally anticipated quantity of Regulated Substance(s) stored in the Regulated Substance storage area(s) for which the plan is being developed;
G. Potential hazards (including activities) to the Regulated Substance(s) stored in the area;
H. All openings/routes through which a release from the storage area(s) would potentially flow into the Facility's property and within five hundred (500) feet beyond the property line, including floor drains, doorways, storm sewers, dry wells, streams, and other openings/routes;
I. Emergency response procedures to be followed in the event of a release, including specific points of contact for releases, evacuation procedures, and emergency notification procedures for appropriate federal, state, and local agencies; and
J. Emergency equipment available to the Facility Operator and location of equipment.
(3) Employee Training. A Facility Operator must train all employees annually on the release procedures outlined in the SCP. The Facility Operator must maintain a log of employee training and make the log available to the Development Services Director or Designee upon request. Copies of the SCP must be readily available for employee use in work areas in or near Regulated Substance storage areas.
(4) Updating the SCP. A Facility Operator must review and amended the SCP as necessary every two (2) years and when any of the following occur:
A. There is a change in ownership or management at the Facility;
B. An out-of-service AST system lacking secondary containment comparable to that required in Subsection 1192.05(e) is returned to service; and/or
C. Changes, structural or otherwise, are made at the Facility that will affect the anticipated flow direction of any release from the storage area or unit (ex: regrading of property, paving, building additions).
(5) Residential Spill Control. Any residence with a Regulated Substance storage unit required to have a Spill Control Plan shall receive information from the Development Services Director or Designee on how to respond to a release from the storage unit as those units are registered. This information shall be provided in an easy to follow format. The owner of the Regulated Substance storage unit must keep any information related to spill control readily available in the event of a release.
(Ord. 120-11. Passed 11-28-11.)