Long Beach Municipal Code Ch. 12.56 Hazardous Liquid Pipelines

Footnotes:

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Note— Prior ordinance history: Prior code §§ 7561, 7561.1, 7561.2 and 7561.3 and Ord. C-5681.

A. The City Council hereby adopts and incorporates by reference, as though set forth in full herein, Sections 51010.5, 51011, 51012.3, 51013, 51013.5, 51014, 51014.3, 51014.5, 51014.6, 51015, 51016, 51018, 51018.8 and 51019 of Title 5, Division 1, Part 1, Chapter 5.5 of the California Government Code (known as the Elder California Pipeline Safety Act of 1981), as said sections may be amended from time to time, subject to the changes, amendments and modifications thereto as set forth in this Chapter. Three (3) copies of the Pipeline Safety Act and the amendments and modifications thereto, as adopted by this Chapter and printed as a code in book form shall be on file in the Office of the City Clerk.

B. It is the objective of the City of Long Beach, in enacting this Chapter, to provide for the public safety within the City from hazards which may arise by reason of the operation of the pipelines within the City carrying hazardous liquids. These regulations are incorporated into this Chapter to insure safe operation of those pipeline facilities handling hazardous material, and Title 5, Division 1, Part 1, Chapter 5.5 of the California Government Code (Elder California Pipeline Safety Act of 1981) is adopted to the extent necessary to achieve safe operation of those facilities.

C. This Chapter applies to all hazardous liquid pipelines located within the City of Long Beach which operate at twenty percent (20%) or less of the pipeline's design yield strength; except those pipelines located entirely within a single plant facility pipeline within private easement and any oil field flow line or gathering line.

D. The Director or Fire Chief may exempt the application of this Chapter to any such pipeline or portion thereof, when it is determined from both an engineering and a fire-life safety point of view that the risk to the public safety is slight and the probability of injury or damage is remote. Such exemptions shall be re-evaluated annually.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-6397 § 1 (part), 1987)

The Elder California Pipeline Safety Act of 1981, Title 5, Division 1, Part 1, Chapter 5.5 of the California Government Code, is amended and modified as set forth in this Chapter.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-6397 § 1 (part), 1987)

Section 51014 of the Elder California Pipeline Safety Act of 1981 is amended to read as follows:

§51014. Pressure tests; manner of conducting

(a) The pressure tests required by subdivisions (b), (c), and (d) of Section 51013.5 shall be conducted in accordance with Subpart E (commencing with Section 195.300) of Part 195 of Title 49 of the Code of Federal Regulations, except that an additional four (4) hour leak test, as specified in subsection (c) of Section 195.302 of Part 195 of Title 49 of the Code of Federal Regulations, shall not be required under subdivisions (b), (c), or (d) of Section 51013.5. Pressure tests performed under subdivisions (b), (c), and (d) of Section 51013.5 shall not show an hourly change for each section of the pipeline under test at the time in excess of either ten (10) gallons or the sum of one (1) gallon and an amount computed at a rate in gallons per mile equivalent to one-tenth (1/10) of the nominal internal diameter of the pipe in inches. The specified test medium shall be water with a fugitive dye additive, or another test medium if approved by the Director.

(b) Test pressure shall be at least one hundred twenty-five percent (125%) of the actual pipeline operating pressure.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-6397 § 1 (part), 1987)

Section 51015(a) of the Elder California Pipeline Safety Act of 1981 is amended to read as follows:

§51015. Maps and diagrams; fire plans and procedures; availability of records, maps, etc.; inspections

(a) Every pipeline operator shall provide the City Engineer, the Department of Gas and Oil, and the Long Beach Fire Department a map or suitable diagram showing the location of the pipeline.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-6397 § 1 (part), 1987)

Section 51010.5 of the Elder California Pipeline Safety Act of 1981 is amended by deleting therefrom subparagraph (a)(4).

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-6397 § 1 (part), 1987)

For purposes of applying the Elder California Pipeline Safety Act of 1981, the words "State Fire Marshal" shall mean "Fire Chief or his or her designated representative."

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-6397 § 1 (part), 1987)

A. Violations. Any pipeline operator who is determined by the Director to have violated any provision of this Chapter shall be liable to the City for a civil penalty of not more than one thousand dollars ($1,000.00) for each violation for each day that violation persists, except that the maximum penalty shall not exceed two hundred thousand dollars ($200,000.00) for any related series of violations.

B. Assessment of Penalty. The amount of the penalty shall be assessed by the Director by written notice. In determining the amount of the penalty, the Director shall consider the nature, circumstances, and gravity of the violation and, with respect to the pipeline operator found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith in attempting to achieve compliance, ability to pay the penalty, and such other matters as justice may require.

C. Additional Penalty—Cessation of Pipeline Operations. In addition to the penalties provided in Subsections A and B of this Section, the Director shall have the additional power with respect to any such violations to order a pipeline operator to cease operations within the City. A determination by the Director that a pipeline operator shall cease pipeline operations within the City shall be final unless an appeal therefrom is taken, and a pipeline operator served with written notice of a final order to cease pipeline operations shall have ninety (90) days after service of the notice in which to abandon, or remove, facilities in accordance with the provisions of this Chapter and any other applicable ordinance of the City.

D. Appeal. Any aggrieved pipeline operator may appeal a decision or action of the Director taken pursuant to this Section to the Planning Commission.

E. Time and Place to File Appeal. An appeal must be filed within ten (10) calendar days after a decision or action by the Director, and the appeal shall be filed with the Planning Commission on a form provided by the City. The Planning Commission shall notify the Director when an appeal is filed.

F. Public Hearing. The Planning Commission shall set the matter on the Planning Commission agenda and the Planning Commission shall set the matter for hearing. The hearing shall be held within sixty (60) days of the filing of the appeal, but for good cause the hearing may be continued from time to time by the Planning Commission.

G. Notice of Hearing. Not less than ten (10) calendar days before the hearing the Planning Commission shall give written notice of hearing to the appellant, applicant or other real party in interest and to any other person who has made a request for a notice. The Planning Commission shall also give notice to the Director.

H. Conduct of Hearing and Procedure. The hearing shall be conducted pursuant to the rules of the Planning Commission, Chapter 2.18 and rules relating to conduct of a hearing, Chapter 2.93.

I. Written Report. Not less than five (5) days before the hearing, the Director shall file a written report with the Planning Commission outlining the facts of the case and the Director's action and decision from which the appeal was taken. The report shall be distributed to the Planning Commission members prior to the hearing and copies shall be made available to parties involved in the appeal on the hearing date.

J. Hearing on Appeal. After a hearing, the Planning Commission may affirm, modify or overrule the decision or action of the Director but any such action by the Planning Commission shall require a two-thirds (2/3) majority vote. If the Planning Commission fails to obtain the requisite votes to affirm, modify or overrule, the decision or action of the Director shall stand.

K. Fees. By resolution, the City Council may set fees for the filing of an appeal.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-6397 § 1 (part), 1987)