Hayward Municipal Code Part III Containment Standards

No person, firm, or corporation shall store any hazardous materials regulated by this Article until a permit or approval has been issued pursuant to this Article 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. All installation, construction, repair or modification, closure, and removal shall be to the satisfaction of City. City shall have the discretion to exempt an applicant from any specific requirements, except that the discretion with regard to underground storage facilities shall be exercised in accordance with subsections 3-8.10(c)(2) and (3) below; or to impose reasonable additional or different requirements in order to better secure the purpose and general obligation of this Article for protection of public health, safety, and welfare. The guidelines approved pursuant to Section 3-8.69 shall serve as an interpretation of the provisions of this Article addressed in such guidelines.

(a) No person, firm or corporation shall construct or install any new storage facility until a permit or approval has been issued pursuant to this Article.

(b) Monitoring Capability. All new storage facilities intended for the storage of hazardous materials which are liquids or solids at standard temperature and pressure (STP) shall be designed and constructed with a monitoring system capable of detecting that the hazardous material stored in the primary containment has entered the secondary containment. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required by City. Where secondary containment may be subject to the intrusion of water, a means of monitoring for such water shall be provided.

Whenever monitoring devices are provided, they shall, where applicable, be connected to attention-getting visual or audible alarms or both such devices.

(c) Containment requirements. Primary and secondary levels of containment shall be required for all new storage facilities intended for the storage of hazardous materials which are liquids or solids at standard temperature and pressure (STP), unless exempted by City.

(1) All primary containment shall be product-tight.

(2) Secondary containment:

(i) All secondary containment shall be constructed of materials of sufficient thickness, density, and composition so as not to be structurally weakened as a result of contact with the released hazardous materials and so as to be capable of containing hazardous materials released from a primary container for a period of time equal to or longer than the maximum anticipated time sufficient to allow recovery of the discharged hazardous material.

(ii) In the case of an installation with one (1) primary container, the secondary containment shall be large enough to contain at least one hundred ten percent (110%) of the volume of the primary container.

(iii) In the case of a storage facility with multiple primary containers, the secondary container shall be large enough to contain one hundred fifty percent (150%) of the volume of the largest primary container placed in it, or ten percent (10%) of the aggregate internal volume of all primary containers in the storage facility, whichever is greater.

(iv) If the storage 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 twenty-five (25) year storm history.

(3) Laminated, coated, or clad materials shall be considered single-walled and shall not be construed to fulfill the requirements of both primary and secondary containment.

(d) Variance from requirement for secondary containment.

(1) A variance from the requirement for secondary containment for an underground storage facility may be granted upon a written finding by the Fire Chief, which has been reviewed and approved by the City Council, that based on the special circumstances :

(i) The requirement of secondary containment creates an unusual and particular hardship; and

(ii) An equivalent degree of protection is provided by the proposed alternative; and

(iii) The proposed alternative has been appropriately certified as providing an equivalent degree of protection, by an independent consultant regained in accordance with Section 3-8.05, or has been specified as potentially appropriate for a variance in the guidelines approved pursuant to Section 3-8.69.

(2) The City Council shall consider the variance at a public meeting, at which oral or written presentation on the matter may be made. A notice which includes a statement that a variance from secondary containment for hazardous materials will be considered, and which specifies the address of the facility seeking the variance, and the time and place of the meeting shall be given in the following manner:

(i) The City Clerk shall cause a copy of the notice to be published once in a newspaper of general circulation in the City, not less than ten (10) days prior to the meeting; and

(ii) The City Clerk shall cause a copy of the notice to be mailed at least ten (10) days prior to the meeting to any party who files a written request with the City Clerk for mailed notice of meetings at which such variances are to be considered. Such written request for notice shall be valid for one (1) year from the date on which it is filed unless a renewal request is filed. Renewal requests for such mailed notices shall be filed on or before April 1st of each year.

(e) Variance from construction and Monitoring Requirements. Underground storage tanks may be granted a variance from the standards for construction and monitoring set forth in this subsection, other than from the requirement for secondary containment, only upon a written finding by the Fire Chief that the applicant has demonstrated by clear and convincing evidence:

(1) That because of special circumstances not generally applicable to other property or facilities, including size, shape, design, topography, location, or surroundings, the strict application of the standards of this Article would be unnecessary to adequately protect the soil and beneficial uses of the waters of the state from an unauthorized release; or

(2) That strict application of the standards of this Article would create practical difficulties not generally applicable to other facilities or property; and that the proposed alternative will adequately protect the soil and beneficial uses of the waters of the state from an unauthorized release.

(f) Overfill Protection. Means of overfill protection may be required for any primary container. This may be an overfill prevention device or an attention-getting high level alarm or both such devices.

(g) Separation of Materials. Materials that in combination may cause a fire or explosion, or the production of a 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 intermixing.

(h) Drainage System. Drainage of precipitation from within a storage facility containing hazardous materials which are liquids or solids at STP shall be controlled in a manner approved by the City so as to prevent hazardous materials from being released. No drainage system will be approved unless the flow of the drain can be controlled.

(i) Piping.

(1) All piping, valves and fittings shall be designed for working pressures and structural stresses to which they may be subjected. They shall be of steel or other material suitable for use with the product being handled.

(2) All piping both aboveground and underground shall be protected against damage to the integrity of the material of which the piping is made in the manner determined necessary and appropriate by the Fire Chief.

(3) All piping both aboveground and underground shall have secondary containment as provided in subsection (c) of this section except that the secondary containment of piping may lead back to the container's secondary containment.

(4) All aboveground piping shall be properly labeled in accordance with recognized standards which are approved by the Fire Chief.

Any storage facility in existence as of the effective date of this Article, or any storage facility for which a building permit was issued prior to the effective date of this Article which does not meet the standards of Section 3-8.10 may be permitted pursuant to this Article as long as it is providing suitable storage for hazardous materials. In addition, storage facilities which contain hazardous materials which are liquids or solids at standard temperature and pressure (STP) must be monitored in accordance with a plan approved by City as set forth herein.

(a) A monitoring plan for each such storage facility containing hazardous materials which are liquids or solids at STP, shall be submitted to City as part of the Hazardous Materials Management Plan.

(b) The monitoring plan required by subsection (a) shall include visual inspection of the primary containment unless the Fire Chief determines it is impossible or impractical to provide for such visual monitoring. If the Fire Chief determines that it is impossible or impractical to provide for visual monitoring of the primary containment he may approve alternative devices and methods for monitoring including, but not limited to: pressure testing of piping systems, groundwater monitoring wells which are downgradient and adjacent to the storage facility; vapor analysis within the wells where appropriate; and analysis of the soil borings at the time of initial installation of the wells.

(c) The number and nature of alternative monitoring devices and the nature and frequency of monitoring methods shall be approved by the Fire Chief provided that the frequency of any approved alternative monitoring method shall not be less than twice a year.

(d) All monitoring devices and methods approved by City shall be installed and operating within six (6) months of the issuance of a provisional permit in accordance with Section 3-8.38.

(e) The continued use of, and permit approval for, existing storage facilities is subject to review and modification or termination by City whenever there has been any unauthorized release. It shall also be reviewed by the City each time the permit is renewed. In determining whether continued storage in such storage facility is suitable, City shall consider the age of the storage facility, the methods of containment, the methods of monitoring, the feasibility of the required retrofit, the concentration of the hazardous materials contained, the severity of potential unauthorized release, and the suitability of other long term preventive measures which meet the intent of this Article.

(f) Existing storage facilities which are not approved in accordance with this section must be upgraded to comply with this Article or be closed in accordance with Section 3-8.12 below within one (l) year of a decision not to issue a full term permit. An extension of time for compliance with this subsection, not to exceed one (1) additional year, may be granted by City.

(a) No storage facility shall be abandoned.

(b) Storage facilities which are temporarily out of service, and are intended to be returned to use, must continue to be monitored and inspected.

(c) Any storage facility which is not being monitored and inspected in accordance with this Article must be closed or removed in a manner approved by City in accordance with Section 3-8.41.

(d) Any person, firm or corporation having an interest, including a leasehold interest, in real property and having reason to believe that an abandoned storage facility is located upon such property shall make a reasonable effort to locate such storage facility within six (6) months of the effective date of this Article.

(e) Whenever an abandoned storage facility is located, a plan for the closing or removing or the upgrading and permitting of such storage facility shall be filed within ninety (90) days of its discovery. A closure plan shall conform to the standards specified in Section 3-8.41.

(a) Monitoring Methods. Monitoring methods shall include at least one (1) system for detecting leakage from the primary container.

A monitoring system capable of detecting that the hazardous material stored in the primary containment has entered the secondary containment shall be provided. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required by City. Where secondary containment may be subject to the intrusion of water, a means of monitoring for such water shall be provided.

Whenever monitoring devices are provided, they shall, where applicable, be connected to attention-getting visual or audible alarms or both.

(b) Monitoring, Testing and Inspection. Every permittee under this Article shall provide testing, monitoring (if applicable), and inspections in compliance with the Hazardous Materials Management Plan and shall maintain records adequate to demonstrate compliance therewith.

(a) Permittee shall carry out maintenance, ordinary upkeep, and minor repairs in a careful and safe manner. No permit or other approval will be required for such maintenance and upkeep.

(b) Any substantial modification or repair of a storage facility other than minor repairs or emergency repairs shall be in accordance with plans to be submitted to the City and approved in accordance with Section 3-8.41 prior to the initiation of such work.

(c) Permittee may make emergency repairs to a storage facility in advance of seeking an additional permit approval whenever an immediate repair is required to prevent or contain an unauthorized release or to protect the integrity of the containment. However, within five (5) working days after such emergency repairs have been started, permittee shall seek approval pursuant to Section 3-8.41 by submitting drawings or other information adequate to describe the repairs to City.

(d) Replacement of any storage facility for hazardous materials which are liquids or solids at STP, must be in accordance with the new installation standards of Section 3-8.10.

(a) Dispensing and mixing of hazardous materials must not be done in such a manner as to substantially increase the risk of an unauthorized release.

(b) 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 material and such movement shall be in a manner which will not substantially increase the risk of an unauthorized release.

Access to the storage facilities shall be secured by means of either fences or locks or both security devices. The access to the storage facilities shall be kept securely locked when unattended.

Satisfactory provisions shall be made for containment, neutralization and removal of spills or leakage of hazardous materials, which may occur during storage, handling, transportation or use. This shall include necessary safety equipment for personnel.

An inventory of the above items shall be provided to the fire department. The equipment shall be regularly tested and adequately maintained. Safety equipment used by personnel for fire fighting or chemical spill emergencies shall be compatible with the same equipment used by the Hayward Fire Department.

Equipment installed before the effective date of this ordinance that is not compatible with fire department equipment, but is easily adaptable, shall have adapters available.

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