(a) For the purposes of this section, the term
STORAGE TANK shall mean all underground storage tanks and aboveground storage tanks as defined by federal law and state law. It shall be unlawful for a marina or marine fuel facility to install, repair, renovate, operate or permit to exist on the premises an underground storage tank.
(b) The applicant or licensee of a marina or marine fuel facility shall not install, repair, renovate, operate or permit to exist on the premises any aboveground storage tank unless it complies with all the requirements of this section and with all applicable federal, state and local laws, rules and regulations. A copy of all papers, reports, forms and other information about aboveground storage tanks at a marina or marine fuel facility that are required to be filed with the United States or the State of Texas, including the registration and the proof of financial responsibility, also must be filed simultaneously with the city.
(c) Failure to comply with all federal, state and local laws, rules and regulations relating to storage tanks constitutes a substantial hazard to public health and safety for the purposes of § 18-60.
(d) Before an applicant or licensee of a marina or a marine fuel facility places in operation an aboveground storage tank, that is installed or is to be installed on city property, the applicant or licensee shall:
(1) Submit to the city a properly executed written statement containing:
a. An acknowledgment that the applicant or licensee is the owner of the above ground storage tank, that the storage tank is not a fixture and shall at all times, as between the city and applicant or licensee, remain the property of the applicant or licensee, and that the city is not and shall not be considered, for any purpose, the owner or operator of the storage tank; and
b. A covenant and agreement to indemnify, hold harmless and defend the city from and against any and all claims or suits of whatsoever kind or character, whether real or asserted, arising out of or in connection with the installation, operation, renovation, removal or existence on the property of any and all storage tanks.
(2) Provide the city, as named insured, with a corporate surety bond in the principal amount of $50,000 for:
a. The purpose of paying all damages to persons or property that arise from, or are caused by, the existence or use of any and all storage tanks on the property; and
b. Insuring the proper removal from service of any and all storage tanks either when not in use or at the termination of the license, whichever occurs first.
(Ord. 10773, § 1, passed 1-22-1991)