Los Angeles County Municipal Code Ch. 11.72 General Provisions

The ordinance codified in Division 4 of Title 11 of this code shall be known as the "Underground Storage of Hazardous Substances Ordinance," and may be referred to as such.

(Ord. 2015-0016 § 25, 2015; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

The purpose of this division is the protection of health, life, resources and property and the prevention of short- and long- term health hazards or environmental degradation through prevention and control of unauthorized releases of hazardous substances from underground storage tanks.

(Ord. 2015-0016 § 26, 2015; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

A.

No person shall cause, suffer, or permit the storage of hazardous substances in underground storage tanks:

In a manner that violates a provision of this division or any other local, federal, or state statute, code, rule, or regulation relating to hazardous substances; or

In a manner that causes an unauthorized release of hazardous substances or poses a significant risk of such unauthorized release.

B.

An applicant may apply to the Director for a site-specific variance from what is provided for in this division, allowing for an alternative method of construction or monitoring of an underground storage tank.

(Ord. 2015-0016 § 27, 2015; Ord. 97-0016 § 19, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

A.

Any person who owns or operates an underground storage tank shall obtain and keep current a unified program facility permit listing the underground storage tanks operated.

B.

Any hazardous substances stored in such underground storage tank shall be stored in conformity with Chapter 11.74 of this division.

C.

The storage of such hazardous substances shall be in conformance with the conditions and limitations of a unified program facility permit.

(Ord. 2015-0016 § 28, 2015; Ord. 97-0016 § 20, 1997; Ord. 84-0046 § 2, 1984; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

The provisions of Division 20, Chapter 6.7, of the California Health and Safety Code, and regulations promulgated thereunder, are hereby adopted by reference except as may be modified and extended by this division.

(Ord. 2015-0016 § 29, 2015; Ord. 97-0016 § 21, 1997.)

The Director shall enforce all the provisions of this Division 4, and for such purpose shall have the powers of a peace officer. The Director shall implement Division 20, Chapter 6.7, of the California Health and Safety Code, as the PA to the CUPA pursuant to Division 20, Chapter 6.11, of the California Health and Safety Code, section 25404.1(b)(3). In accordance with Division 20, Chapter 6.7, of the California Health and Safety Code, section 25299.4, the Director may request State Water Resources Control Board authorization for additional design and construction standards other than those set by the California Health and Safety Code and regulations promulgated thereunder. In accordance with Division 20, Chapter 6.7, of the California Health and Safety Code, section 25299.2, the Director is further authorized to adopt and enforce a standard of performance that is more stringent than that provided in Division 20, Chapter 6.7, of the California Health and Safety Code, and regulations promulgated thereunder, consistent with the purposes of this division. The powers enumerated herein shall not limit or otherwise affect the powers and duties of the County Health Officer or the Forester and Fire Warden.

(Ord. 2015-0016 § 30, 2015; Ord. 97-0016 § 22, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

Whenever the approval or satisfaction of the Director may be required in this division for a design, monitoring, testing, or other technical submittal by an applicant or permittee, the Director may, in his/her discretion, require such applicant or permittee, at the applicant's or permittee's sole cost and expense, to retain a suitable qualified independent engineer, or chemist, or other appropriate professional consultant, acceptable to the Director, for the purpose of evaluating and rendering

a professional opinion respecting the adequacy of such submittal to achieve the purposes of this division. The Director shall be entitled to rely on such evaluation and/or opinion of such engineer, chemist or professional consultant in making the relevant determinations provided for in this division.

(Ord. 2015-0016 § 31, 2015; Ord. 97-0016 § 23, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

Appeals provided for in this division shall be heard by an appeals board established by the CUPA or, if the CUPA declines to establish such appeals board, the PA. The composition of the appeals board will depend on the nature of the appeal, as determined by the PA or the CUPA, as applicable. The appeals board shall consist of at least three (3) members designated by the Forester and Fire Warden or the Director, as applicable, who are qualified to pass on matters pertaining to underground storage of hazardous substances. The CUPA or the PA, as applicable, shall adopt reasonable rules for conducting hearings before the appeals board. The CUPA or the PA, as applicable, shall keep a record of all proceedings and notify all parties concerned of the findings and decisions of the appeals board.

(Ord. 2015-0016 § 33, 2015; Ord. 97-0016 § 25, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)