East Palo Alto Municipal Code Art. IV Requirement for Permit

Except as provided in Section 8.40.200, 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.

(Prior code § 4-5.401)

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 subsection B2 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.

(Prior code § 4-5.402)

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

(Prior code § 4-5.403)

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, processing and issuing permits 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.

(Prior code § 4-5.404)