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Palo Alto Overview
Palo Alto Municipal Code
PALO ALTO MUNICIPAL CODE
CHARTER OF THE CITY OF PALO ALTO
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATIVE CODE*
Title 3 RESERVED
Title 4 BUSINESS LICENSES AND REGULATIONS*
Title 5 HEALTH AND SANITATION*
Title 6 ANIMALS
Title 7 RESERVED
Title 8 TREES AND VEGETATION
Title 9 PUBLIC PEACE, MORALS AND SAFETY*
Title 10 VEHICLES AND TRAFFIC*
Title 11 ENVIRONMENTAL IMPACT PROCEDURE
Title 12 PUBLIC WORKS AND UTILITIES
Title 13 IMPROVEMENT PROCEDURE*
Title 14 RESERVED
Title 15 FIRE PREVENTION*
Title 16 BUILDING REGULATIONS*
Title 17 HAZARDOUS MATERIALS STORAGE*
Title 18 ZONING*
Title 19 MASTER PLAN*
Title 20 PRECISE PLANS*
Title 21 SUBDIVISIONS AND OTHER DIVISIONS OF LAND*
Title 22 PARKS*
ORDINANCE LIST AND DISPOSITION TABLE
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17.12.030   Existing storage facilities.
   Any storage facility in existence as of July 7, 1983, or any storage facility for which a building permit was issued prior to July 7, 1983, which does not meet the standards of Section 17.12.020 may be permitted pursuant to this title as long as it is providing suitable storage for hazardous materials as determined by the fire chief. Underground storage tanks installed prior to January 1, 1984, must also meet the provisions of Section 17.10.120. Suitable storage for hazardous materials and liquids in storage facilities located aboveground shall include secondary containment which meets the requirements provided in Section 17.12.020(c). In addition, storage facilities which contain hazardous materials which are liquids or solids at standard temperature and pressure (STP) must be monitored in accordance with a plan approved by the fire chief as set forth herein:
   (a)   A monitoring plan for each such storage facility containing hazardous materials which are liquids or solids at STP, shall be submitted to city as part of the hazardous materials management plan.
   (b)   Monitoring under such plan shall include visual inspection of the primary containment wherever practical; however, if the visual inspection is not practical, an alternative method of monitoring each storage facility on a semiannual or more frequent basis may be approved by city. Monitoring for underground storage tanks shall also be in accordance with Chapter 17.10.
   (c)   The fire chief may require that an independent expert third party submit all testing data and certify that the monitoring system is operable and meets the monitoring plan.
   (d)   Such monitoring devices and methods as approved by city shall be installed and operating within six months of the issuance of a provisional permit in accordance with Section 17.32.050 and Section 17.56.010(b)(1). The fire chief may grant an extension of this compliance date; however, such extension shall not exceed one additional year. The full-term permit may be issued when compliance with this subsection has been achieved.
   (e)   The continued use of, and permit approval for, existing storage facilities is subject to review and modification or termination by city whenever there has been any unauthorized discharge or when the monitoring plan has not been followed or implemented. The storage facility shall also be reviewed by the fire chief each time the permit is renewed. In determining whether continued storage in such storage facility is suitable, the fire chief shall consider the age of the storage facility, the methods of containment, the methods of monitoring, the effectiveness of monitoring, the feasibility of the required retrofit, the concentration of the hazardous materials contained, the severity of potential unauthorized discharge, and the suitability of other long-term preventive measures which meet the intent of this title.
   (f)   Existing storage facilities which are not approved in accordance with this section must be upgraded to comply with this title or be closed in accordance with Section 17.12.040 within one year of a decision not to issue a full-term permit. An extension of time for compliance with this subsection, not to exceed one additional year, may be granted by the fire chief.
(Ord. 4002 § 1 (part), 1990: Ord. 3496 §§ 7, 8, 1993: Ord. 3435 § 1 (part), 1983)
17.12.040   Out-of-service storage facilities.
   (a)   No storage facility shall be abandoned.
   (b)   Storage facilities which are temporarily out of service, and are intended to be returned to use, must continue to be monitored and inspected.
   (c)   Any storage facility which is not being monitored and inspected in accordance with this title must be closed or removed in a manner approved by the fire chief in accordance with Section 17.32.080.
   (d)   Any person having an interest, including a leasehold interest, in real property and having reason to believe that an abandoned storage facility is located upon such property shall make a reasonable effort to discover such storage facility on or before September 5, 1983.
   (e)   Whenever an abandoned storage facility is discovered a plan for the closing or removing or the upgrading and permitting of such storage facility shall be filed within ninety days of its discovery. A closure plan shall conform to the standards for closure specified in Section 17.32.080.
(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)
17.12.050   Monitoring.
   (a)   Monitoring Methods. Monitoring methods shall include at least one system for detecting leakage from the primary container. A monitoring system capable of detecting that the hazardous material stored in the primary containment has entered the secondary containment shall be provided. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required by the fire chief. Where secondary containment may be subject to the intrusion of water, a means of monitoring for such water shall be provided.
   Whenever monitoring devices are provided, they shall, where applicable, be connected to attention-getting visual and/or audible alarms.
   (b)   Monitoring, Testing and Inspection. Every responsible person under this title shall provide testing, monitoring (if applicable) and inspections in compliance with the hazardous materials management plan and shall maintain records adequate to demonstrate compliance therewith. Whenever visual monitoring, manual methods of monitoring, or monitoring records are not maintained, the fire chief may require continuous monitoring devices, a monitoring program certified by an expert independent third party, or an approved equivalent monitoring system.
(Ord. 4002 § 1 (part), 1990: Ord. 3435 § l (part), 1983)
17.12.060   Maintenance, repair or replacement.
   (a)   Every responsible person under this title shall carry out maintenance, ordinary upkeep, and minor repairs in a careful and safe manner. No permit or other approval will be required for such maintenance and upkeep.
   (b)   Any substantial modification or repair of a storage facility other than minor repairs or emergency repairs shall be in accordance with plans to be submitted to the fire chief and approved in accordance with Section 17.32.080 prior to the initiation of such work.
   (c)   Responsible persons may make emergency repairs to a storage facility in advance of seeking an additional permit approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or to protect the integrity of the containment. However, within five working days after such emergency repairs have been started, the responsible persons shall seek an additional approval pursuant to Section 17.32.010 by submitting drawings or other information adequate to describe the repairs to the fire chief.
   (d)   Replacement of any storage facility for hazardous materials which are liquids or solids at STP, must be in accordance with the new storage facilities standards of Section 17.12.020.
   (e)   An underground tank from which there has been an unauthorized discharge may not be repaired, and must be removed or replaced in accordance with the provisions of Section 17.10.170.
(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)
17.12.070   Handling.
   (a)   Dispensing and mixing of hazardous materials must not be done in such a manner as to substantially increase the risk of an unauthorized discharge.
   (b)   When hazardous materials are moved into or out of a storage facility, they shall remain in the travel path only for the time reasonably necessary to transport the hazardous material and such movement shall be in a manner which will not substantially increase the risk of an unauthorized discharge.
(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)
17.12.080   Secured facilities.
   Access to the storage facilities shall be secured by means of fences and/or locks. The storage facilities shall be kept securely locked when unattended.
(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)
17.12.090   Emergency equipment.
   Emergency equipment shall be provided which is reasonable and appropriate for potential emergencies presented by the stored hazardous materials. Such equipment shall be regularly tested and adequately maintained.
(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)
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