East Palo Alto Municipal Code Art. II Facilities

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 the permit applicant demonstrates to the satisfaction of the 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 the 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 the protection of public health, safety and welfare.

(Prior code § 4-5.201)

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, 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 (100) 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 (150) 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 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 subsections A1—A6 of this section, if the primary containment construction is of glass fiber reinforced plastic, cathodically protected steel, or steel clad with glass fiber reinforced plastic, and if any 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 8.40.080. Pressurized piping systems connected to underground storage tanks used for the storage of motor vehicle fuels and monitored in accordance with subsection B3 of Section 8.40.080 shall also be deemed to meet the requirements of this subsection.

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 safe removal of the water shall also be provided.

C. When required by the health officer, a means of overfill 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 substances contamination and a means of disposing of the water if so contaminated, at an authorized disposal facility.

(Prior code § 4-5.202)

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 records 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 and five 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 and five pounds, inclusive, per square inch wherever there is a shortage greater than the amount which the State Water Resources Control Board shall specify by regulations.

(Prior code § 4-5.203)

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.

(Prior code § 4-5.204)

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 paragraph 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.

(Prior code § 4-5.205)

A. Any unauthorized release from the primary containment which the operator is able to clean up within eight 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 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 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 an unauthorized discharge, an unauthorized discharge is deemed confirmed and permittee shall proceed in accordance with subsection A of 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 working days to retest. If the 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 subsection A of this section.

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 measure which would meet the requirements of this chapter.

(Prior code § 4-5.206)

If there has been any unauthorized release, as defined in Section 8.40.110A 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 ultrasonic 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 5.3 inches 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.

(Prior code § 4-5.207)

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 it determines that it is reasonably necessary under the circumstances for the city to do so. The responsible party shall be liable to reimburse the city for all costs incurred by the city 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 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.

(Prior code § 4-5.208)

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.

(Prior code § 4-5.209)

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 fence 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.

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

(Prior code § 4-5.210)