Imperial County Municipal Code Ch. 3 Permits, Fees and Standards

No person shall own, operate, or use, any underground storage tank or system unless a permit has been issued to the owner or operator by the planning and development services department:

A. At the time the installation of the system;

B. Within ten (10) days of final installation inspection on new installations;

C. Within sixty (60) days of the effective date of the ordinance codified in this division for existing installations.

(Amended during 2008 codification; prior code § 91103.00)

All permits issued pursuant to this division shall be issued by the planning and development services department, as the department deems appropriate.

(Amended during 2008 codification; prior code § 91103.01)

All applications for permits provided herein shall be upon forms and in the format as required by the planning and development services department.

(Amended during 2008 codification; prior code § 91103.02)

Permits issued pursuant to this division shall be effective for a minimum of five years. If the owner operator has selected the annual monitoring payment schedule, this permit shall become null and void unless the annual monitoring fee is received by the department prior to the annual expiration date.

(Prior code § 91103.03)

Permits issued pursuant to this division may be transferred to a new owner only after the person completes and submits the necessary applications accepting the obligations of the permit and receives planning and development services department approval.

The application and approval shall be obtained within thirty (30) days after a change of ownership.

(Amended during 2008 codification; prior code § 91103.04)

All permits issued pursuant to this division shall be renewed at least sixty (60) days prior to the expiration of the existing permit.

(Prior code § 91103.05)

The planning and development services department may revoke any permit issued pursuant to this division, upon any of the following:

A. Owner is in violation of the terms and conditions of the permit, state law, the Codified Ordinances of the county of Imperial or the operating standards;

B. Owner prohibits monitoring of the site by personnel of the planning and development services department;

C. Owner continues to operate an unsafe or leaking system;

D. Permit to operate has been transferred or altered without the approval of the planning and development services department;

E. The annual monitoring fee for the system is not received by the division prior to the annual expiration date.

The owner/operator shall have three working days following receipt of a written notice of intent to revoke to correct any and all violations.

(Amended during 2008 codification; prior code § 91103.06)

The administrative authority being the planning director may, upon specific findings supported by research, testing, etc., consider alternative installation standards, or monitoring procedures, provided they are in compliance with the intent of this division and California Code of Regulations (CCR) Title 23, Chapter 3, Subchapter 16.

(Prior code § 91103.07)

The standards and procedures shall be the conditions found in this division, Health and Safety Code Chapter 6.7 and the Rules and Regulations set forth in California Code of Regulations (CCR), Title 23, Chapter 3, Subchapter 16.

(Prior code § 91103.08)

An owner shall secure any temporarily or permanently closed facility in compliance with Section 2670, 2671, 2672 of the California Code of Regulations (CCR) Title 23, Chapter 3, Subchapter 16 and to the satisfaction of the planning and development services department.

Any abandoned or closed system that the planning and development services department or the EHS division determines is a health or safety hazard shall be removed at the direction of the planning and development services department, and at the cost of the property owner.

(Amended during 2008 codification; prior code § 91103.09)

Underground storage tanks shall be removed under the supervision of and by permit issued by the Imperial County planning and development services department. Soil removed during the excavation shall be tested by a certified lab for contamination and results shall be interpreted by the environmental health services department, the soil shall be disposed of at a Class I, Class II or Class III disposal site, or under limited conditions be allowed as backfill into the excavation mixing operation. The Imperial County building department shall cause recordation of a document with the Imperial County recorder's office indicating the disposition of this soil.

(Amended during 2008 codification; prior code § 91103.10)

Individuals or organizations using or intending to use underground storage tanks shall comply with the provisions of Article 79 of the 1988 Uniform Fire Code, relating to flammable and combustible liquids, as adopted by the county of Imperial pursuant to the provisions of Chapter 8.20 of the Codified Ordinances of the county of Imperial, and California Code of Regulations (CCR) Title 23, Chapter 3, Subchapter 16.

(Prior code § 91103.11)

Individuals or organizations intending to install and/or operate underground storage tanks shall comply with the special installation and inspection requirements, contained in this division, in addition to requirements contained in Article 79 of the 1988 Uniform Fire Code and the California Code of Regulations (CCR) Title 23, Chapter 3, Subchapter 16. A. Prior to a fuel or hazardous substance tank being installed in the ground, it must be approved by the county fire chief and the county's building official, or their designees, while on-site and immediately prior to installation. This approval will require verification of the required coatings, approval tags and serial numbers, and a complete visual inspection of the surface and/or surface coatings of the tank.

B. The installation of the tanks and back-filling around the tank shall be completed in the presence of an on-site inspector.

C. Pressure checks of the tank and the piping system shall be performed precisely as outlined in the Uniform Fire Code.

D. The corrosion protective wrapping of all metallic parts requiring this type of protection shall be done in the presence of an on-site inspector.

E. Back-filling material shall be clean sand or pea gravel no larger than one-quarter inch diameter. Materials excavated from the subject sites shall not be used for backfilling.

F. The location of all lines and/or tanks shall be staked by the installation contractor upon completion of all filling to provide all contractors sufficient guidance to avoid potential damage to the system due to the impact to heavy equipment, the driving of stakes, or similar occurrence.

G. All underground storage facilities shall, in addition to the provisions contained herein, comply with this division.

(Prior code § 91103.12)

In addition to any fees established by state or federal law, the fee schedule contained in Division 9, Chapter 90903 shall be required for this division.

(Prior code § 91103.13)