Los Angeles County Municipal Code Ch. 11.74 Standards

The materials regulated by this division shall consist of the following:

A.

Any material defined as a hazardous substance by Division 20, Chapter 6.11, of the California Health and Safety Code, section 25281(h);

B.

Any material that has been determined by the party storing it, through testing or other objective means, to be likely to create a significant potential or actual hazard to public safety or welfare. This subsection shall not establish a requirement to test for the purposes of this division.

(Ord. 2015-0016 § 34, 2015; Ord. 97-0016 § 26, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

A.

No person shall store any hazardous substances regulated by this division in an underground storage tank until a unified program facility permit listing such underground storage tank has been issued in accordance with Section 11.80 of this division. No such permit shall be approved pursuant to this division unless the applicant demonstrates to the satisfaction of the Director, by the submission of appropriate plans and other information, that the design and construction of the facility will result in a suitable manner of underground storage for the hazardous substance or substances to be contained therein.

B.

All installation, construction, repair, or modification, closure, and removal shall be to the satisfaction of the Director. The owner shall furnish the Director with certification that all underground storage tank systems were properly installed.

(Ord. 2015-0016 § 35, 2015; Ord. 97-0016 § 27, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

A.

Minimum Standards. All underground storage tanks installed after January 1, 1984 must, at a minimum, meet the design, construction and monitoring standards of Article 3 of Chapter 16 of Division 3 of Title 23 of the California Code of Regulations and Division 20, Chapter 6.7, of the California Health and Safety Code.

B.

Monitoring Capability. All new underground storage tanks shall be designed and constructed with a monitoring system capable of detecting that the hazardous substance stored in the primary containment has entered the secondary containment. Visual inspection of the primary containment is the preferred method; however, other means of continuous monitoring may be required by the Director. 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 and/or audible alarms.

C.

Containment Requirements. Primary and secondary levels of containment shall be required for all new underground storage tanks, unless exempted by Division 20, Chapter 6.7, of the California Health and Safety Code.

All primary containment shall be "product tight" within the meaning of Division 20, Chapter 6.7, of the California Health and Safety Code, section 25290.1(a), and compatible with the stored product.

Secondary Containment.

a.

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 released hazardous substances and so as to be capable of containing hazardous substances released from a primary containment for a period of time equal to or longer than the maximum anticipated time sufficient to allow recovery of the released hazardous substance.

b.

In the case of installation with one primary containment, the secondary containment shall be large enough to contain at least one hundred percent (100%) of the volume of the primary containment.

c.

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

d.

If the 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 one-hundred (100)-year storm history.

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.

The design and construction of underground storage tanks for motor vehicle fuels installed before January 1, 1997, need not meet the requirements of Section 11.74.030 C1-C3 of this division if all of the conditions of paragraph (7) of subdivision (a) of Section 25291 of Division 20, Chapter 6.7, of the California Health and Safety Code are met.

D.

Spill and Overfill Protection. Means of spill and overfill protection shall be required for any primary containment. This may be an overfill prevention device and/or an attention-getting high level alarm.

E.

Separation of Materials. Materials that in combination may cause fire or explosion, or the production of a flammable, toxic, or poisonous gas, or the deterioration of a primary, or secondary containment shall be separated in both the primary and secondary containment so as to avoid intermixing.

F.

Drainage System. Drainage of precipitation from within a storage facility containing hazardous substances shall be controlled in a manner approved by the director so as to prevent hazardous substances from being released. No drainage system will be approved unless the flow of the drain can be controlled. Disposal of drainage shall comply with the requirements of Title 20, Division 2, of this code.

G.

All underground storage tanks installed on or after July 1, 2004, shall comply with the design, construction, monitoring and maintenance requirements of Division 20, Chapter 6.7, of California Health and Safety Code, section 25290.1.

(Ord. 2015-0016 § 36, 2015; Ord. 97-0016 § 28, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

Any facility in existence as of January 1, 1984, that does not meet the standards of Section 11.74.030, may be issued a unified program facility permit pursuant to Chapter 11.80 of this division as long as it is providing suitable underground storage for hazardous substances. In addition, such facility must be monitored in accordance with a plan approved by the Director as set forth in this section.

A.

A monitoring plan for each such facility shall be submitted to the Director as part of the permit application.

B.

Monitoring under such plan shall include visual inspection of the primary containment wherever practical; however, if the visual inspection is not practical, an alternative method of monitoring each facility on a semiannual or more frequent basis may be approved by the Director.

C.

Alternative method(s) of monitoring may include but are not limited to: pressure testing of piping systems; groundwater monitoring well(s) where appropriate; and analysis of the soil boring(s) at the time of initial installation of the well(s). The number of well(s), depth of well(s), and sampling frequency shall be approved by the Director. All monitoring methods must meet the design standards of Article 4 of Chapter 16 of Division 3 of Title 23 of the California Code of Regulations.

D.

The continued use of, and permit approval for, facilities in existence as of January 1, 1984, is subject to review and modification or termination by the Director whenever there has been any unauthorized release. In determining whether continued underground storage in such facility is suitable, the Director shall consider the age of the facility, the methods of

containment, the methods of monitoring, the feasibility of the required retrofit, the concentration of the hazardous substances contained, the severity of potential unauthorized release, and the suitability of other long-term preventive measures which meet the intent of this division.

E.

Facilities in existence as of January 1, 1984, that are not approved in accordance with this section must be closed in accordance with Section 11.80.070.

(Ord. 2015-0016 § 37, 2015; Ord. 97-0016 § 29, 1997; Ord. 86-0078 § 3, 1986; Ord. 84-0046 § 3, 1984; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

A.

No facility shall be abandoned.

B.

Facilities that are temporarily out of service, and are intended to be returned to use, must continue to be monitored and inspected.

C.

Any facility that is not being monitored and inspected in accordance with this division must be closed or removed in a manner approved by the Director in accordance with Section 11.80.070.

D.

Any person having an interest, including a leasehold interest, in real property and having reason to believe that an abandoned facility is located upon such property shall make a reasonable effort to locate such facility and make a report to the Director.

E.

Whenever an abandoned facility is located, a plan for the closing or removing or the upgrading and permitting of such facility shall be filed within ninety (90) days of its discovery. A closure plan shall conform to the standards specified in Section 11.80.070.

(Ord. 2015-0016 § 38, 2015; Ord. 97-0016 § 30, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

Every permittee under this division shall provide testing, monitoring, employee training, reporting, and inspections in compliance with the unified program facility permit and shall maintain records adequate to demonstrate compliance therewith to the Director.

(Ord. 2015-0016 § 39, 2015; Ord. 97-0016 § 31, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

A.

Every permittee under this division shall carry out ordinary maintenance, upkeep, and minor repairs in a careful and safe manner. No permit addenda will be required for such maintenance, upkeep, or minor repairs.

B.

Any substantial modification or repair of a facility other than minor repairs or emergency repairs shall be in accordance with plans to be submitted to the Director and approved in accordance with Section 11.80.010 as part of a permit addendum prior to the initiation of such work.

C.

Permittee may make emergency repairs to a facility in advance of seeking a permit addendum 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 apply for a permit addendum pursuant to Section 11.80.010 by submitting drawings and/or other information adequate to describe the repairs to the Director.

D.

Replacement of any facility must be in accordance with the new installation standards set forth in Section 11.74.030

E.

Any work performed on the underground storage tank system, including testing and certification, must be performed by licensed persons who are trained and certified in accordance with Title 23, Division 3, Chapter 16, Article 10, of the California Code of Regulations, section 2715.

(Ord. 2015-0016 § 40, 2015; Ord. 97-0016 § 32, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

Emergency equipment as may be required by the Forester and Fire Warden or other fire agency with jurisdiction over the facility shall be provided. Such equipment shall be regularly tested and adequately maintained.

(Ord. 2015-0016 § 41, 2015; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

All underground storage tanks within a facility shall be labeled in accordance with local, state, and federal requirements.

(Ord. 2015-0016 § 42, 2015; Ord. 97-0016 § 33, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)