Brisbane Municipal Code Ch. 15.45 Storage of Hazardous Materials in Underground Tanks

The purpose of this chapter is the protection of health, life, resources and property through prevention and control of unauthorized discharges of hazardous materials in underground storage tanks.

(Ord. 297 § 1(part), 1983).

A. No person, firm or corporation shall cause, suffer, or permit the storage of hazardous materials:

1. In a manner which violates a provision of this chapter or any other local, federal, or state statute, code, rule, or regulation relating to hazardous materials; or

2. In a manner which causes an unauthorized discharge of hazardous materials or poses a significant risk of such unauthorized discharge.

B. The health officer shall have discretion to exempt an applicant from any specific requirement of this chapter, other than the requirement for secondary containment in underground storage facilities, except as provided in Section 15.45.090, or to require applicant to meet additional or modified requirements, where such action would be appropriate and consistent with achieving the general obligation of this chapter for protecting public health, safety and welfare.

(Ord. 297 § 1(part), 1983).

A. Any person, firm or corporation which stores any material regulated by Section 15.45.050 which is not excluded by other sections of this chapter shall obtain and keep current a hazardous materials storage permit.

B. All such hazardous materials shall be contained in conformity with Sections 15.45.060 through 15.45.080.

(Ord. 297 § 1(part), 1983).

Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meanings set forth below:

A. "Abandoned," when referring to a storage facility, means out of service and not safeguarded in compliance with this chapter.

B. "Facility" means any one, or combination of, underground storage tanks used by a single business entity at a single location or site.

C. "Hazardous material or substance" means any material which is subject to regulation pursuant to Section 15.45.050. A mixture shall be deemed to be a hazardous material or substance if it is a waste and contains any material regulated pursuant to Section 15.45.050.

D. "Officer" means the county health officer or any designee of such employee or any other official or contract agency of the city designated by the city council to perform the duties of such office.

E. "Permit quantity limit" means the maximum amount of hazardous material that can be stored in a storage facility. Separate permit quantity limits will be set for each storage facility for which a permit is obtained in accordance with the requirements of this chapter.

F. "Owner" means the owner of an underground storage tank or facility.

G. "Operator" means the operator of an underground storage tank or facility.

H. "Person" means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, and association. "Person" also includes any city, county, district, the state, or any department or agency thereof.

I. "Pipe" means any pipeline or system of pipelines which is used in connection with the storage of hazardous substances and which are not intended to transport hazardous substances in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel.

J. "Primary containment" means the first level of containment, i.e., the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained.

K. "Product-tight" means impervious to the substance which is contained, or is to be contained, so as to prevent the seepage of the substance from the primary containment. To be product-tight, the tank shall not be subject to physical or chemical deterioration by the substance which it contains, over the useful life of the tank.

L. "Secondary containment" means the level of containment external to and separate from the primary containment.

M. "Single-walled" means construction with walls made of but one thickness of material. Laminated, coated, or clad materials shall be considered as single-walled.

N. "Special inspectors" means a professional engineer registered pursuant to Business and Professional Code, who is qualified to attest, at a minimum, to structural soundness, seismic safety, the compatibility of construction materials with contents, cathodic protection, and the mechanical compatibility of the structural elements.

O. "Storage" or "store" means the containment, handling or treatment of hazardous substances, either on a temporary basis or for a period of years. "Storage" or "store" does not mean the storage of hazardous wastes in an underground storage tank if the person operating the tank has been issued a hazardous waste facilities permit.

P. "Unauthorized release" means any release or emission of any hazardous substance which does not conform to the provisions of this chapter, unless this release is authorized by the State Water Resources Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code.

Q. "Underground storage facility" means any one or combination of tanks, including pipes connected thereto, which is used for the storage of hazardous substances and which is substantially or totally beneath the surface of the ground.

(Ord. 297 § 1(part), 1983).

"Hazardous materials" means all of the following liquid and solid substances, unless the State Department of Health Services, in consultation with the State Water Resources Control Board, determines the substance could not adversely affect the quality of the waters of the state:

1. Substances on the list prepared by the Director of the Department of Industrial Relations pursuant to Section 6382 of the Labor Code.

2. Hazardous substances, as defined in Section 25316 of the Health and Safety Code.

3. Any material which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid, or a class III-A combustible liquid.

4. The comprehensive master list of hazardous materials compiled by the State Department of Health Services pursuant to Health and Safety Code Section 25281.

5. Any material which has been determined to be hazardous based on any appraisal or assessment by or on behalf of the party storing the material in compliance with the requirements of the EPA or the California Department of Health Services, or which should have been, but was not, determined to be hazardous due to the deliberate failure of the party storing the material to comply with the requirements of the EPA and/or the Department of Health Services.

6. Any material which has been determined by the party storing it, through testing or other objective means, to be likely to create a significant potential or actual hazard to public health, safety or welfare. This subsection shall not establish a requirement to test for the purposes of this chapter.

(Ord. 297 § 1(part), 1983).

A. No person, firm or corporation shall store any hazardous materials in underground storage tanks regulated by this chapter until a permit or approval has been issued pursuant to this chapter. No permit or approval shall be granted pursuant to this chapter unless permit applicant demonstrates to the satisfaction of city by the submission of appropriate plans and other information, that the design and construction of the storage facility will result in a suitable manner of storage for the hazardous material or materials to be contained therein.

B. All installation, construction, repair or modification, closure, and removal shall be to the satisfaction of city. The city shall have the discretion to impose reasonable additional or different requirements in order to better secure the purpose and general obligation of this chapter for protection of public health, safety, and welfare.

(Ord. 297 § 1(part), 1983).

Every underground storage tank installed after January 1, 1984, shall meet the following requirements:

A. Be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in them 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, 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 (100%) 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 (150%) of the volume of the largest primary tank placed in it, or ten percent (10%) of the aggregate internal volume of all primary tanks, whichever is greater.

5. If the facility is open to rainfall, then the secondary containment must be able to additionally accommodate the volume of a twenty-four (24)-hour rainfall as determined by a one hundred (100)-year storm history.

6. Single-walled containers do not fulfill the requirements of an underground storage tank providing for both a primary and a secondary containment.

7. The design and construction of underground storage tanks for motor vehicle fuels storage need not meet the requirements of subdivisions A(1-6) of this section, if the primary containment construction is of glass fibre reinforced plastic, cathodically protected steel, or steel clad with glass fibre reinforced plastic, and if such alternative primary containment is installed in conjunction with a system that will intercept and direct a leak from any part of the tank to a monitoring well to detect any release of motor vehicle fuels stored in the tank and which is designed to provide early leak detection, response, and to protect groundwater from releases, and if the monitoring is in accordance with the alternative method identified in Section 15.45.080. Pressurized piping systems connected to underground storage tanks used for the storage of motor vehicle fuels and monitored in accordance with subdivision A(3) of Section 15.45.080 shall also be deemed to meet the requirements of this subdivision.

B. Be designed and constructed with a monitoring system capable of detecting the entry of the hazardous material stored in the primary containment into the secondary containment. If water could intrude into the secondary containment, a means of monitoring for water intrusion and for safely removing the water shall also be provided.

C. When required by the health officer, a means of over-fill protection for any primary tank, including an overfill prevention device or an attention-getting higher level alarm, or both. Primary tank filling operations of underground storage tanks containing motor vehicle fuels which are visually monitored and controlled by a facility operator satisfy the requirements of this subsection.

D. Different substances that 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, 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 removing the water by the owner or operator. This removal system shall also provide for a means of analyzing the removed water for hazardous substance contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility.

(Ord. 297 § 1(part), 1983).

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. On or before January 1, 1985, the owner shall outfit the facility with a monitoring system capable of detecting unauthorized releases of any hazardous substances stored in the facility, and thereafter, the operator shall monitor each facility, based on materials stored and the type of monitoring installed.

B. Provide a means for visual inspection of the tank, wherever practical, for the purpose of the monitoring required by subsection A of this section. Alternative methods of monitoring the tank on a monthly, or more frequent basis, may be required by the health officer. The alternative monitoring methods include, but are not limited to, the following methods:

1. Pressure testing, vacuum testing or hydrostatic testing of the piping systems or underground storage tanks;

2. A groundwater monitoring well or wells which are down gradient and adjacent to the underground storage tank, vapor analysis within a well where appropriate, and analysis of soil borings at the time of initial installation of the well. The health officer shall approve the location and number of wells, the depth of wells and the sampling frequency, pursuant to these regulations;

3. For monitoring tanks containing motor vehicle fuels, daily gauging and inventory reconciliation by the operator, if inventory record are kept on file for one year and are reviewed quarterly, the tank is tested for tightness hydrostatically or, when appropriate with pressure between three (3) and five (5) pounds, inclusive, per square inch at specified time intervals and whenever any pressurized system has a leak detection device to monitor for leaks in the piping. The tank shall also be tested for tightness hydrostatically or where appropriate, with pressure between three (3) and five (5) pounds, inclusive, per square inch whenever there is a shortage greater than the amount which the State Water Resources Control Board shall specify by regulation.

(Ord. 297 § 1(part), 1983).

A. A variance from the requirement for secondary containment for an underground storage facility may be granted upon a written finding by the health officer issuing the permit that based on the special circumstances:

1. The requirement of secondary containment creates an unusual and particular hardship; and

2. An equivalent degree of protection is provided by the proposed alternative; and

3. The proposed alternative has been appropriately certified by a "special inspector."

B. The decision of the health officer on a request for a variance from the requirement for secondary containment for an underground storage facility may be appealed to the city council.

(Ord. 297 § 1(part), 1983).

A. No person shall abandon an underground storage tank or close or temporarily cease operating an underground storage tank, except as provided in this section.

B. An underground storage tank which is temporarily taken out of service, but which the operator intends to return to use, shall continue to be subject to all the permit, inspection, and monitoring requirements of this chapter, unless the operator complies with the provisions of subsection C of this section for the period of time the underground tank is not in use.

C. No person shall close an underground storage tank unless the person undertakes all of the following actions:

1. Demonstrates to the health officer that all residual amounts of the hazardous substance or hazardous substances which were stored in the tank prior to its closure have been removed, properly disposed of, and neutralized;

2. Adequately seals the tank to minimize any threat to the public safety and the possibility of water intrusion into, or runoff from, the tank;

3. Provides for, and carries out, the maintenance of the tank as the health officer determines is necessary, for the period of time the health officer requires;

4. Demonstrates to the health officer that there has been no significant soil contamination resulting from a discharge in the area surrounding the underground storage tank or facility.

(Ord. 297 § 1(part), 1983).

A. Any unauthorized release from the primary containment which the operator is able to clean up within eight (8) hours, and which does not escape from the secondary containment, does not increase the hazard of fire or explosion and does not cause any deterioration of the secondary containment of the underground storage tank shall be reported by the operator to the health officer within twenty-four (24) hours of detection, and shall be recorded on the operator's monitoring reports.

B. Any unauthorized release which escapes from the secondary containment, increases the hazard of fire or explosion, or causes any deterioration of the secondary containment of the underground tank shall be reported to the health officer by the operator within twenty-four (24) hours after the release has been detected or should have been detected. A full written report shall be transmitted to the health officer by the owner or operator of the underground storage tanks within five (5) working days of the occurrence of the release.

C. Whenever a material balance or other inventory record, employed as a monitoring technique indicates a loss of hazardous material, and no unauthorized discharge has been confirmed by other means, permittee shall have five (5) working days to determine whether or not there has been an unauthorized discharge. If before the end of such period, it is determined that there has been no unauthorized discharge, an entry explaining the occurrence shall be made in permittee's monitoring records. Where permittee has not been able, within such period, to determine that there has been unauthorized discharge, an unauthorized discharge is deemed confirmed and permittee shall proceed in accordance with this section.

D. Whenever any test results suggest a possible unauthorized discharge, and no unauthorized discharge has been confirmed by other means, the permittee shall have five (5) working days to retest. If second test results obtained within that period establish that there has been no unauthorized discharge, the results of both tests shall be recorded in permittee's monitoring records. If it has not been established within such period that there has been no unauthorized discharge, an unauthorized discharge is deemed confirmed and permittee shall proceed in accordance with 4973.5(A).

E. Any person in charge of a storage facility or responsible for emergency response for a storage facility, who has knowledge of any unauthorized discharge of a hazardous material which is a gas at Standard Temperature and Pressure (STP), must immediately report such discharge to the city if such discharge presents a threat of imminent danger to public health and safety.

F. The health officer shall review the permit whenever there has been an unauthorized release or when the health officer determines that the underground storage tank is unsafe. In determining whether to modify or terminate the permit, the health officer shall consider the age of the tank, the methods of containment, the methods of monitoring, the feasibility of any required repairs, the concentration of the hazardous substances stored in the tank, the severity of potential unauthorized releases, and the suitability of any other long-term preventive measures which would meet the requirements of this chapter.

(Ord. 297 § 1(part), 1983).

If there has been any unauthorized release, as defined in Section 15.45.110A and B, from an underground storage tank containing motor vehicle fuel not under pressure, the permit holder may repair the tank once by an interior-coating process if the tank meets all of the following requirements:

A. An ultrasonic test, or comparable test, has been conducted to determine the thickness of the storage tank. If the result of the test indicates that a serious corrosion problem exists with regard to the tank, as determined by the person conducting the test, the health officer may require additional corrosion protection for the tank or may deny the authorization to repair.

B. A hydrostatic test is an alternative to the ultra-sonic test in subsection A of this section. If the result of the test indicates that a serious problem exists with regard to the integrity of the tank, as determined by the person conducting the test or the health officer, the health officer may require additional protection for the tank or may deny authorization for the repair.

C. A vacuum test has been conducted with a result indexed at not more than five and three-tenths inches (5.3″) of mercury. This requirement shall not be applicable if technology is not available for testing the tank on site using accepted engineering practices.

D. Following the repair, the standard installation testing for requirements for underground storage tanks specified in Section 2-7.3 of the Flammable and Combustible Liquids Code, adopted by the National Fire Protection Association on November 20, 1981 (NFPA 30-1981), and published in the 1982 edition of the National Fire Code shall be followed.

E. The material used to repair the tank by an interior-coating process is compatible with the motor vehicle fuel that is stored, as approved by the State Water Resources Control Board by regulation.

F. The material used to repair the tank by an interior-coating process is applied in accordance with nationally recognized engineering practices such as the American Petroleum Institute's recommended practice No. 1631 for the interior lining of existing underground storage tanks.

G. Any regulations developed by the State Water Resources Control Board, in consultation with the State Fire Marshal, for the repair of underground storage tanks, and the standards in this section shall remain in effect until the adoption of these regulations.

(Ord. 297 § 1(part), 1983).

Any person, firm or corporation responsible for storing the hazardous material shall institute and complete all actions necessary to remedy the effects of any unauthorized discharge, whether sudden or gradual. The health officer shall undertake actions to remedy the effects of such unauthorized discharge itself, only if he determines that it is reasonably necessary under the circumstances for the county to do so. The responsible party shall be liable to reimburse the county for all costs incurred by the county in remedying the effects of such unauthorized discharge, including the costs of fighting fires to the extent allowed by law. This responsibility is not conditioned upon evidence of wilfulness or negligence of the party storing the hazardous material(s) in causing or allowing such discharge. Any responsible party who undertakes action to remedy the effects of unauthorized discharge(s) shall not be barred by this chapter from seeking to recover appropriate costs and expenditures from other responsible parties unless otherwise excluded by this chapter or state law.

(Ord. 297 § 1(part), 1983).

As a condition of the issuance of a permit under this chapter, the health officer may require the permittee to agree in writing to indemnify, hold harmless and defend the city against any claim, cause of action, disability, loss, liability, damage, cost or expense, howsoever arising, which occurs by reason of an unauthorized discharge in connection with permittee's operations under this permit, except as arises from city's sole wilful act or sole active negligence.

(Ord. 297 § 1(part), 1983).

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. 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 materials and such movement shall be in a manner which will not result in an unauthorized discharge.

B. Access to the storage facilities shall be secured by means of fences and/or locks. The access to the storage facilities shall be kept securely locked when unattended.

C. 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 by the permittee.

D. Simplified emergency procedures shall be posted conspicuously in locations where hazardous materials are stored.

(Ord. 297 § 1(part), 1983).

In order to carry out the purposes of this chapter, the health officer has the authority specified in Health and Safety Code Section 25183 with respect to any place where underground storage tanks are located, and in Health and Safety Code Section 25185 with respect to real property which is within two thousand (2,000) feet of any place where underground storage tanks are located.

(Ord. 297 § 1(part), 1983).

A. The health officer shall inspect every underground storage tank within its jurisdiction at least once every three years. The purpose of the inspection is to determine whether the tank complies with design and construction standards, whether the operator has monitored and tested the tank as required by the permit, and whether the tank is in a safe operating condition. After an inspection, the health officer shall prepare a compliance report detailing the inspection and shall send a copy of this report to the permit holder.

B. In addition to, or instead of, the inspections specified in subsection A of this section, the health officer may require the permit holder to employ, periodically, special inspectors to conduct an audit or assessment of the permit holder's facility to determine whether the facility complies with the factors specified in 4974.1(A) and to prepare a special inspection report with recommendations concerning the safe storage of hazardous materials at the facility. The report shall contain recommendations consistent with the provisions of this chapter, where appropriate. A copy of the report shall be filed with the health officer at the same time the inspector submits the report to the permit holder. Within thirty (30) days after receiving this report the permit holder shall file with the health officer, a plan to implement all recommendations contained in the report or shall demonstrate to the satisfaction of the health officer why these recommendations should not be implemented.

C. The permittee shall pay for each inspection a fee as established by resolution of the city council.

(Ord. 297 § 1(part), 1983).

A. The operator of the underground storage facility shall monitor the facility using the method specified on the permit for the facility. Records shall be kept in sufficient detail to enable the health officer to determine the operator has undertaken all monitoring activities required by the permit to operate.

B. If the operator is not the owner, the owner shall provide a copy of the permit to the operator, enter into a written contract with the operator which requires the operator to monitor the tank as set forth in the permit, and provide the operator with a summary of this section in an approved form. The owner shall notify the health officer of any change of operator.

(Ord. 297 § 1(part), 1983).

A. Except as provided in Section 15.45.200, no person shall own or operate an underground storage tank unless a permit for its operation has been issued by the health officer to the owner, which permit shall specify the method to be used to monitor the facility. The health officer shall prepare a form which provides for the acceptance of the obligations of a transferred permit by any person who is to assume ownership of an underground storage tank from the previous owner and is to be transferred the permit to operate the tank. That person shall complete the form accepting the obligations of the permit and submit the completed form to the health officer thirty (30) days after the ownership of the underground storage tank is transferred. The health officer may review and modify, or terminate, the transfer of the permit to operate the underground storage tank, pursuant to the criteria specified in state or city law upon receiving the completed form.

B. Any person assuming ownership of an underground storage tank used for the storage of hazardous substances for which a valid operating permit has been issued shall have thirty (30) days after the date of assumption of ownership to apply for an operating permit or, if accepting a transferred permit, shall submit to the health officer the completed form accepting the obligations of the transferred permit, as specified in subsection A of this section. During the period from the date of application until the permit is issued or refused, the person shall not be held to be in violation of this section.

C. When, in its judgment, it is appropriate to do so, the health officer may issue a single permit to a person for a facility. Additional approvals shall be obtained for any storage facility thereafter connected, installed, constructed, repaired as required, substantially modified, replaced, closed or removed, or for any change or addition in hazardous materials stored, not in accordance with the prior approval.

(Ord. 297 § 1(part), 1983).

A. An application for a permit to operate an underground storage tank, or for renewal of the permit, shall be made, by the owner, on a standardized form prepared by the city and provided by the health officer and shall be accompanied by the appropriate fee.

B. The health officer shall store this information for the purpose of managing and appropriately cross-referencing and indexing this data. The application form shall include, but not be limited to, requests for the following information:

1. A description of the construction of the underground storage tank or tanks;

2. A list of all the hazardous substances which are or will be stored in the underground storage tank or tanks, specifying the hazardous substances for each underground storage tank;

3. A description of the monitoring program for the underground storage tank or tanks;

4. The name and address of the person, firm, or corporation which owns the underground storage tank or tanks and, if different, the name and address of the person who operates the underground storage tank or tanks;

5. The address of the facility at which the underground storage tank or tanks are located;

6. The name of the person making the application;

7. The name and twenty-four (24)-hour phone number of the contact person in the event of an emergency involving the facility;

8. If the owner or operator of the underground storage tank is a public agency, the application shall include the name of the supervisor of the division, section or office which operates the tank.

C. As a condition of any permit to operate an underground storage tank, the permittee shall complete an annual report form, prepared by the health officer which will detail any changes in the usage of any underground storage tanks, including the storage of new hazardous substances, changes in monitoring procedure and unauthorized release occurrences.

D. If a permittee stores in an underground storage tank or tanks a hazardous substance which is not listed in the application, as required by subdivision B(2) of this section, the permittee shall apply for a new or amended permit within thirty (30) days after commencing the storage of that hazardous substance.

(Ord. 297 § 1(part), 1983).

A permit shall not be approved until the health officer is satisfied that the storage approved adequately conforms to the provisions of this chapter.

(Ord. 297 § 1(part), 1983).

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 city council shall adopt a fee schedule at a level sufficient to pay the necessary and reasonable costs incurred in administering this chapter, including, but not limited to, permitting and inspection responsibilities.

B. This fee shall include a surcharge, the amount of which shall be determined by the Legislature annually to cover the costs of the State Water Control Board in carrying out its responsibilities under this chapter.

(Ord. 297 § 1(part), 1983).

A. Any operator of an underground storage tank shall be liable for a civil penalty of not more than five hundred dollars ($500.00) per day for any of the following:

1. Operation of an underground storage tank which has not been issued a permit;

2. Failure to monitor the underground storage tank, as required by the permit;

3. Failure to maintain required records;

4. Failure to report an unauthorized release;

5. Failure to properly close an underground storage tank;

6. Failure to remedy the effects of any unauthorized release whether sudden or gradual.

B. Any owner of an underground storage tank shall be liable for a civil penalty of not more than five hundred dollars ($500.00) per day for any of the following:

1. Failure to obtain a permit as specified by this chapter;

2. Failure to repair an underground tank in accordance with the provisions of this chapter;

3. Abandonment or improper closure of any underground tank subject to the provisions of this chapter;

4. Knowingly failing to take reasonable and necessary steps as to assure compliance with this chapter by the operator of an underground tank.

C. In determining both the civil and criminal penalties imposed pursuant to this section, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person who holds the permit.

(Ord. 297 § 1(part), 1983).

A civil action may be instituted against any employer by any employee who has been discharged, demoted, suspended, or in any other manner discriminated against in terms of conditions of employment, or threatened with any such retaliation, because such employee has in good faith, made any oral or written report or complaint related to the enforcement of this chapter to any company official, public official or union official, or has testified in any proceeding in any way related thereto. In addition to any actual damages which may be awarded, damages shall include costs and attorney's fees. The court may award punitive damages in a proper case.

(Ord. 297 § 1(part), 1983).

The violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code. Such fines, penalties and enforcement provisions are cumulative and shall be in addition to the civil penalties and remedies specified in this chapter.

(Ord. 297 § 1(part), 1983).

(Ord. No. 554, § 53, 1-18-11)

A. The degree of protection required by this chapter is considered reasonable for regulatory purposes. The standards set forth herein are minimal standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of hazardous material. This chapter shall not create liability on the part of the city, any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. All persons holding, storing, using, processing, and disposing of hazardous materials within the city should be and are advised to determine to their own satisfaction the level of protection in addition to that required by this chapter necessary or desirable to ensure that there is no unauthorized discharge of hazardous materials.

(Ord. 297 § 1(part), 1983).

The health officer shall develop procedures implementing this chapter. These regulations shall be promulgated by the health officer by January 1, 1985, or upon final adoption of regulations by the State Water Resources Control Board implementing state standards.

(Ord. 297 § 1(part), 1983).

Notwithstanding any provision of this chapter:

A. Whenever any provisions of this chapter conflict with any state or federal regulations of storage facilities, the stricter provisions will prevail.

B. Whenever any provision of this chapter conflicts with the Fire Code as adopted by the city, the stricter provision shall prevail.

(Ord. 297 § 1(part), 1983).