940.13 GENERAL REGULATED SUBSTANCE STORAGE PROVISIONS: ABOVE GROUND STORAGE.

   (a)   Applicability. This section applies to the above ground storage of Regulated Substances in the Wellhead Protection Area in quantities meeting or exceeding those specified in Section 940.24 (b).

   (b)   General Container and Regulated Substance Handling Requirements at Nonresidential Facilities. All containers subject to regulation under this chapter used for the storage or use of Regulated Substances at new and existing nonresidential facilities must be:

      (1)   Product-tight and free of any defects which may result in a release of the contained Regulated Substance;

      (2)   Made of or lined with materials which will not react with and are otherwise compatible with the Regulated Substance stored;

      (3)   Individually and clearly labeled with the contents of the container. If a Regulated Substance is being stored on site under the temporary storage provisions (Section 940.08), the Regulated Substance storage unit must also be labeled with the date on which temporary storage began.

       (4)   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

      (5)   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 make such available on request by the Director of Public Utilities or designee. Any weekly inspection log maintained by a Facility Operator under another federal. state, or local program shall satisfy the requirements of this part 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)(4) hereof must do so no later than one hundred eighty (180) days after becoming subject to regulation under subsection (b)(4) 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.

   (c)   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.

   (d)   Storage in Trucks, Trailers, Tankers or Rail Cars. Any truck, trailer, tanker, or rail car used for the storage of Regulated Substances within the Wellhead Protection Area must:

       (1)   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;

      (2)   Be clearly labeled with the contents;

      (3)   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

      (4)   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).

   (e)   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 Section 940.17 . A Facility Operator is exempt from this requirement if the storage unit or storage/usage area is secondarily contained.

   (f)   Residential Regulated Substance Storage Units. 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:

      (1)   In compliance with subsections (b)(1), (2), (3) and (4) of this section;

      (2)   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, where applicable,

      (3)   Provided with a Spill Control Plan in accordance with Section 940.17(e).

(Ord. 98-10-103. Passed 10-14-98.)