East Palo Alto Municipal Code Art. I General Provisions

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.

(Prior code § 4-5.101)

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 8.40.090, 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.

(Prior code § 4-5.102)

A. Any person, firm or corporation which stores any material regulated by Section 8.40.050 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 8.40.060 through 8.40.080 of this chapter.

(Prior code § 4-5.103)

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

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

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

"Hazardous material or substance" means any material which is subject to regulation pursuant to Section 8.40.050 of this chapter. 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 8.40.050 of this chapter.

"Officer" means the city health officer or any designee of such employee.

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

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

"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.

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

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

"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.

"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 substances which it contains, over the useful life of the tank.

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

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

"Special inspector(s)" means a professional engineer(s) registered pursuant to the Business and Professional Code, who is/are qualified to attest, at a minimum, to the structural soundness, the seismic safety, the compatibility of construction material with contents, cathodic protection, and the mechanical compatibility of the structural elements.

"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.

"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.)

"Underground storage facility" means any tank 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. Underground storage facility" does not include any of the following: a tank used for the control of external parasites of cattle and subject to the supervision of the county agricultural commissioner, who determines, by inspection prior to use, that the tank provides a level of protection equivalent to that required by the State Health and Safety Code, Section 25284, if the tank was installed after June 30,1984, or protection equivalent to that provided by the State Health and Safety Code, Section 25284.1, if the tank was installed on or before June 30, 1984.

(Prior code § 4-5.104)

Hazardous materials shall be regulated by this chapter. "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 that the substances could not adversely affect the quality of the waters of the state:

A. The substances on the list prepared by the Director of the Department of Industrial Relations pursuant to Section 6382 of the Labor Code;

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

C. 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;

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

E. 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;

F. 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.

(Prior code § 4-5.105)