(A) General conditions.
(1) No person shall install or operate a new chemical substance source in a GWPA without first obtaining a groundwater protection operating permit from the Planning and Zoning Department.
(2) The focus of review for all permits shall be on the chemical substances that will be stored, handled, treated, used, or produced and the potential for these substances to degrade groundwater quality.
(3) All permits required pursuant to this chapter must be issued prior to or concurrent with the issuance of permits for construction activities or underlying permits.
(4) An operating permit shall not be issued for a new chemical substance source unless adequate plans, specifications, test data, and/or other appropriate information has been submitted by the owner and/or operator showing that the proposed design and construction of the facility meets the intent and provisions of this chapter and will not impact the short term, long term, or cumulative quantity or quality of groundwater.
(5) The application for operating permits pursuant to this chapter shall be made on a form provided by the county and shall be accompanied by a fee of $200. The annual renewal fee shall be $25 and shall accompany the annual certification statement.
(6) Any person who owns or operates more than one new chemical substance source in a single zone of the (GWPA) shall have the option of obtaining one permit for all operations if the operations at each chemical substance source are similar and the permit requirements under this chapter are applicable to each chemical substance source individually.
(7) An operating permit shall be effective for one year. Zoning shall not issue a permit to operate a new chemical substance source until the Groundwater Protection Committee determines that the chemical substance source complies with the provisions of these regulations.
(8) The new chemical substance source owner shall apply to the county for permit renewal at least 60 days prior to the expiration of the permit. If an inspection of the new chemical substance source reveals noncompliance, then the Groundwater Protection Committee must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit.
(9) Operating permits may be transferred to a new owner/operator of a new chemical substance source if the new chemical substance source owner/operator does not change any conditions of the permit, the transfer is registered with the county within 30 days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership.
(10) Within 30 days of receiving an inspection report from the county, the operating permit holder shall file with the county a plan and time schedule to implement any required modifications to the chemical substance source or to the monitoring plan needed to achieve compliance with the intent of this chapter or the permit conditions. This plan and time schedule shall also implement all of the requirements of the Groundwater Protection Committee.
(B) Permit applications.
(1) The operating permit application shall include at a minimum:
(a) Name, address, and phone number of owner and the operator;
(b) Property address, legal description, and property tax identification number(s) of the facility including copies of all leases pertaining to the facility;
(c) The names and volumes of all chemical substances which are stored, handled, treated, used, or produced at the new chemical substance source being permitted as specified in § 97.06;
(d) A detailed description of the activities conducted at the new chemical substance source that involve the storage, handling, treatment, use, or production of chemical substances in quantities greater than the de minimis amounts specified in § 97.06;
(e) A description of the containment devices used to comply with the requirements of this chapter;
(f) A chemical substances management plan as described in division (B)(2)(b) below for the new chemical substance source;
(g) A description of the procedures for inspection and maintenance of containment devices;
(h) A description of the method for disposal of chemical substances; and
(i) Ten copies of a site plan showing the location of the chemical substance source and its property boundaries and the locations where new chemical substances in containers larger than five gallons or 40 pounds in size are stored, handled, treated, used, or produced, and the location of each containment device.
(2) Conditions for GWPA permits issued to new chemical substance sources.
(a) Containment devices. The owner/operator of a new chemical substance source must construct or use pre-fabricated containment devices adequate in size to contain on-site any unauthorized release of chemical substances from any area where these substances are either stored, handled, treated, used, or produced. Containment devices shall prevent such substances from penetrating into the ground. Design requirements for containment devices include:
1. The containment device shall be large enough to contain 110% of the volume of the container in cases where a single container is used to store, handle, treat, use, or produce a chemical substance. In cases where multiple containers are used, the containment device shall be large enough to contain 150% of the volume of the largest container or 10% of the aggregate volume of all containers, whichever is greater;
2. All containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any regulated substance. If coatings are used to provide chemical resistance for containment devices, they shall also be resistant to the expected abrasion and impact conditions. Containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release;
3. If the containment device is open to rainfall, then it shall be able to accommodate the volume of precipitation that could enter the containment device during a 24-hour, 100-year storm, in addition to the volume of the chemical substance sources storage required in division (B)(2)(a)1. above;
4. Containment devices shall be constructed so that a collection system can be installed to accumulate, temporarily store, permit detection of the presence of, and permit removal of any storm runoff or chemical substance; and
5. Containment devices shall include monitoring procedures or technology capable of detecting the presence of a chemical substance within 24 hours following a release.
(b) Chemical substance management plan.
1. A chemical substances management plan indicating procedures to be followed to prevent, control, collect, and dispose of any unauthorized release of a chemical substance shall be required as a condition of each operating permit. If a spill prevention control plan or similar contingency plans have been prepared in accordance with the state’s or United States Environmental Protection Agency requirements, a chemical substance sources management plan is not required as long as all of the chemical substances are included in the spill prevention control plan.
2. The chemical substance management plan shall include:
a. A brief description of the manner in which the on-site chemical substances are stored and used;
b. A potential release assessment and the response procedures to be followed at the chemical substance source for notifying local emergency response agencies; and
c. Any management measures that are employed to reduce the potential for releases.
(C) Reporting. The permittee shall report to the Planning and Zoning Office 15 days after any changes in a chemical substance source including:
(1) The storage, handling, treatment, use, or processing of new chemical substances;
(2) Changes in monitoring procedures; or
(3) The replacement or repair of any part of a chemical substance source that is related to the chemical substance(s).
(Prior Code, 6 TCC 6-7) Penalty, see § 97.99