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(a) A fee shall be paid to the city by each person who submits an application for a permit to operate an underground storage tank or to renew or amend a permit. The fee payable hereunder shall be as established pursuant to Section 17.32.120 of this title.
(Ord. 4002 § 1 (part), 1990)
(a) The city shall inspect every underground tank system within its jurisdiction at least once every three years. The purpose of the inspection is to determine whether the tank system complies with the applicable requirements of this chapter and the regulations adopted by the board pursuant to Section 25299.3 of the California Health and Safety Code, including the design and construction standards of Sections 25291 or 25292, whichever is applicable; whether the operator has monitored and tested the tank system as required by the permit; and whether the tank system is in a safe operating condition. After an inspection, the city shall prepare a compliance report detailing the inspection and shall send a copy of the report to the permit holder or person responsible for the tank.
(b) In addition to, or instead of, the inspections specified in subdivision (a), the city may require the permit holder or responsible person to employ, periodically, special inspectors to conduct an audit or assessment of the permit holder's or responsible person's underground tank system to determine whether the tank system complies with the factors specified in subsection (a) and to prepare a special inspection report with recommendations concerning the safe storage of hazardous materials at the tank system. The report shall contain recommendations consistent with this chapter, where appropriate. A copy of the report shall be filed with the city at the same time the inspector submits the report to the permit holder or responsible person. Within thirty days after receiving this report, the permit holder or responsible person shall file with the local agency a plan to implement all recommendations contained in the report or shall demonstrate, to the satisfaction of the city, why these recommendations should not be implemented.
(c) All tank integrity tests required by this chapter shall be performed only by, or under the direct and personal supervision of, a tank tester with a currently valid tank testing license issued pursuant to California Health and Safety Code Section 25284.4.
(Ord. 4002 § 1 (part), 1990)
(a) In order to carry out the purposes of this chapter, any duly authorized representative of the city, the regional board, or the board has the authority specified in California Health and Safety Code Section 25185, with respect to any place where underground tank systems are located, or in which records relevant to operation of an underground tank system are kept, and as specified in California Health and Safety Code Section 25185.5, with respect to real property which is within two thousand feet of any place where underground tank systems are located. The authority conferred by this subdivision includes the authority to conduct any monitoring or testing of an underground tank system.
(b) In order to carry out the purposes of this chapter, any authorized representative of the city, the regional board, or the board may require the owner or operator of an underground storage tank to, upon request, submit any information relevant to the compliance with this chapter or the regulations, to conduct monitoring or testing, and to report the results of that monitoring or testing under penalty of perjury. The burden of the monitoring, testing, and reporting, including costs, shall bear a reasonable relationship to the need for the monitoring, testing, and reporting.
(Ord. 4002 § 1 (part), 1990)
Whenever a person has made a claim pursuant to Chapter 17.23 that information required by this chapter is a trade secret, the person shall, notwithstanding the use of any alternative to the listing of a substance which is a trade secret, provide the identification of the material directly to the board.
(Ord. 4002 § 1 (part), 1990)
Every underground storage tank installed after January 1, 1984, shall meet all of the following requirements:
(a) The underground storage tank shall be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in it in accordance with the following performance standards:
(1) Primary containment shall be product-tight.
(2) Secondary containment shall be constructed to prevent structural weakening as a result of contact with any released hazardous substances, and also shall be capable of storing the hazardous substances for the maximum anticipated period of time necessary for the recovery of any released hazardous substance.
(3) In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least one hundred percent of the volume of the primary tank.
(4) In the case of multiple primary tanks, the secondary container shall be large enough to contain one hundred fifty percent of the volume of the largest primary tank placed in it, or ten percent of the aggregate internal volume of all primary tanks, whichever is greater.
(5) If the facility is open to rainfall, then the secondary containment shall be able to additionally accommodate the maximum volume of a twenty-four-hour rainfall as determined by a twenty-five-year storm history.
(6) Single-walled containers do not fulfill the requirement of an underground storage tank providing both a primary and a secondary containment. However, an underground storage tank with a primary container constructed with a double complete shell shall be deemed to have met the requirements for primary and secondary containment set forth in this section if the outer shell is constructed primarily of nonearthen materials, including, but not limited to, concrete, steel, and plastic, which provide structural support and a continuous leak detection system with alarm is located in the space between the shells; the system is capable of detecting the entry of hazardous substances from the inner container into the space; and the system is capable of detecting water intrusion into the space from the outer shell.
(7) The design and construction of underground storage tanks for motor vehicle fuel storage need not meet the requirements of paragraphs (1) to (6), inclusive, if all of the following conditions exist:
(A) The primary containment construction is of glass fiber reinforced plastic, cathodically protected shell, or steel clad with glass fiber reinforced plastic.
(B) Any alternative primary containment is installed in conjunction with a system that will intercept and direct a leak from any part of the underground storage tank to a monitoring well to detect any release of motor vehicle fuels stored in the tank.
(C) The system is designed to provide early leak detection and response, and to protect the groundwater from releases.
(D) The monitoring is in accordance with the alternative method identified in subsection 17.10.120(b)(5).
(E) Pressurized piping systems connected to tanks used for the storage of motor vehicle fuels and monitored in accordance with subsection 17.10.120(b)(5) also meet the conditions of this subsection (a)(7) if the tank meets the conditions of subsections (1) to (6), inclusive. However, any pipe connected to an underground storage tank installed after July 7, 1983, shall be equipped with secondary containment which complies with subsections (1) to (6), inclusive.
(b) The underground tank system shall be designed and constructed with a monitoring system capable of detecting the entry of the hazardous substance stored in the primary containment into the secondary containment.
(c) The underground storage tank shall be provided with equipment to prevent spills and overflows from the primary tank.
(d) If different substances are stored in the same tank and in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container, those substances shall be separated in both the primary and secondary containment so as to avoid potential intermixing.
(e) If water could enter into the secondary containment by precipitation or infiltration, the facility shall contain a means of monitoring for water intrusion and for removing the water by the owner or operator. This removal system shall also prevent uncontrolled removal of this water and provide for a means of analyzing the removal water for hazardous substance contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility.
(f) Underground pressurized piping that conveys a hazardous substance shall be equipped with an automatic line leak detector and shall be tightness tested annually.
(g) Before the underground storage tank is covered, enclosed, or placed in use, the standard installation testing for requirements for underground storage systems specified in Section 2-7 of the Flammable and Combustible Liquids Code, adopted by the National Fire Protection Association (NFPA 30) as amended and published in the currently adopted edition of the Uniform Fire Code, shall be followed.
(h) Before the underground storage tank is placed in service, the underground tank system shall be tested in operating condition using a tank integrity test.
(i) If the underground storage tank is designed to maintain a water level in the secondary containment, the tank shall be equipped with a safe method of removing any excess water to a holding facility and the owner or operator shall inspect the holding facility monthly for the presence of excess water overflow. If excess water is present in the holding facility, the permit holder shall provide a means to analyze the water for hazardous substance contamination and a means to dispose of the water, if so contaminated, at an authorized disposal facility.
(Ord. 4002 § 1 (part), 1990)
For every underground storage tank installed on or before January 1, 1984, and used for the storage of hazardous substances, the following actions shall be taken:
(a) The owner shall outfit the underground storage tank system with a monitoring system capable of detecting unauthorized releases of any hazardous substances stored in the tank system, and thereafter, the operator shall monitor each tank system, based on materials stored and the type of monitoring installed.
(b) Provide a means for visual inspection of the tank system, wherever practical, for the purpose of the monitoring required by subsection (a). Alternative methods of monitoring the tank system on a monthly, or more frequent basis, may be required by the city, consistent with the regulations of the board.
The alternative monitoring methods include, but are not limited to, the following methods:
(1) Tank integrity testing for proving the integrity of an underground tank system at time intervals specified by the board, and by any guidelines adopted by the city.
(2) A groundwater monitoring well or wells which are downgradient and adjacent to the underground tank system, vapor analysis within a well where appropriate, and analysis of soil borings at the time of initial installation of the well.
(3) A continuous aspirating vapor detector, or equivalent.
(4) A continuous leak detection and alarm system which is located in monitoring wells adjacent to an underground tank system and which is approved by the city.
(5) For monitoring tanks containing motor vehicle fuels, daily electronic gauging and inventory reconciliation by the operator, if all of the following requirements are met:
(A) Inventory records are kept on file for one year and are reviewed quarterly.
(B) The tank system is tested, using the tank integrity test at time intervals specified by the board and wherever there is a shortage greater than the amount which the board shall specify by regulation.
(C) If a pressurized pump system is connected to the tank system, the system has a leak detection device to monitor for leaks in the piping. The leak detection device shall be installed in a manner designed to resist unauthorized tampering and to clearly show by visual inspection if tampering has occurred. The leak detection device shall be tested annually, at a minimum, and all devices found to be not performing in conformance with the manufacturer's leak detection specifications shall be promptly required or replaced.
(D) The fire chief may require monitoring of groundwater or soil around a tank if potential leakage is indicated.
(6) For monitoring underground tank systems which are located on farms and which store motor vehicle or heating fuels used primarily for agricultural purposes, alternative monitoring methods include the following:
(A) If the tank has a capacity of greater than one thousand one hundred gallons but of five thousand gallons or less, the tank shall be tested using the tank integrity test, at least once every three years, and the owner shall utilize tank gauging on a monthly or more frequent basis, as required by the city subject to the specifications provided in paragraph (7) of subdivision (c) of Section 2641 of Title 23 of the California Code of Regulations, as that section read on August 13, 1985.
(B) If the tank has a capacity of more than five thousand gallons, the tank shall be monitored pursuant to the methods for all other tanks specified in this subsection.
(c) The city, or any other public agency specified by the city, shall approve the location and number of wells, the depth of wells, and the sampling frequency, pursuant to the monitoring provisions of this section and of Chapter 17.12.
(d) On or before December 22, 1998, the underground storage tank shall be replaced or upgraded to prevent releases due to corrosion or spills for the underground storage tank's operating life; provided, that protection against overfills shall be ensured, by replacement or upgrading of the tank, on or before January 1, 1992.
(e) All existing underground pressurizing piping shall be equipped with an automatic line leak detector on or before December 22, 1990, and all pressurized piping and all motor fuel piping, including suction piping, shall be retrofitted with secondary containment on or before December 22, 1998; provided, that underground tank supply piping shall be retrofitted for spill protection on or before January 1, 1992. Underground pressurized piping shall be tightness tested annually. This subsection (e) does not apply to existing pressurized piping containing motor vehicle fuel, if the pipeline is constructed of glass fiber reinforced plastic, cathodically protected steel, or steel clad with glass fiber reinforced plastic, is equipped with an automatic line leak detector, and is tightness tested annually.
(Ord. 4066 § 1, 1992: Ord. 4002 § 1 (part), 1990)
All underground tank systems shall meet the following operational requirements:
(a) The underground tank systems shall be operated to prevent unauthorized releases, including spills and over fills during the operating life of the tank.
(b) Where equipped with cathodic protection, the underground tank system shall be operated by a person with sufficient training and experience in preventing corrosion.
(c) The underground tank system shall be structurally sound at the time of upgrade or repair.
(Ord. 4002 § 1 (part), 1990)
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