Los Angeles County Municipal Code Ch. 11.76 Unauthorized Release of Hazardous Substances

As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed unauthorized release of a hazardous substance, such person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release and shall notify the Director of the occurrence as required by this section.

A.

Confirmed Unauthorized Release.

Recordable Unauthorized Release. Any recordable unauthorized release shall be contained and safely disposed of in an appropriate manner by permittee and such occurrence and the response thereto shall be recorded in the permittee's monitoring records. A "recordable unauthorized release" is any unauthorized release of a hazardous substance that meets all of the following criteria:

a.

The release is from a primary containment to a secondary containment or to a rigid aboveground surface covering capable of containing the release until cleanup of the hazardous substance is completed;

b.

The permittee is able to adequately clean up the release before it escapes from such secondary containment or such aboveground surface, except that if the cleanup requires more than eight (8) hours, it becomes a reportable release in accordance with subdivision 2 of this subsection; and

c.

There is no increase in the hazard of fire or explosion, nor is there any production of a flammable or poisonous gas, nor is there any deterioration of such secondary containment or such rigid aboveground surface covering.

Reportable Unauthorized Release. Any reportable unauthorized release must be reported to the Director immediately. The reporting party shall provide information to the Director relating to the ability of the permittee to contain and dispose of the hazardous substance, the estimated time it will take to complete containment and disposal, and the degree of hazard created. The Director may verify that the hazardous substance is being contained and appropriately disposed of. The Director, at any time upon a determination that the permittee is not adequately containing and disposing of such hazardous substance, shall have the power and authority to undertake and direct an emergency response in order to protect the public health and/or safety. A "reportable unauthorized release" is an unauthorized release of a hazardous substance that meets any of the following criteria:

a.

The hazardous substances escapes from the secondary containment, or from the primary containment if there is no secondary containment;

b.

The release increases the hazard of fire or explosion, or

c.

The release causes any deterioration of the secondary containment of the underground storage tank.

B.

Unconfirmed Unauthorized Release.

Indication of Loss in Inventory Records. Whenever a material balance or other inventory record, employed as a monitoring technique under the permit, indicates a loss of hazardous substance, and no unauthorized release has been confirmed by other means, permittee shall have five (5) working days to determine whether or not there has been an unauthorized release. If before the end of such period, it is determined that there has been no unauthorized release, an entry explaining the occurrence shall be made in permittee's monitoring records. Where permittee has not been able, within such period, to determine that there has been no unauthorized release, an unauthorized release is deemed confirmed and permittee shall proceed in accordance with subdivision 2 of subsection A of Section 11.76.010 above.

Test Results. Whenever any test results suggest a possible unauthorized release, and no unauthorized release has been confirmed by other means, the permittee shall have five (5) working days to retest. If second test results obtained within that period establish that there has been no unauthorized release, the results of both tests shall be recorded in permittee's monitoring records. If it has not been established within such period that there has been no unauthorized release, an

unauthorized release is deemed confirmed and permittee shall proceed in accordance with subdivision 2 of subsection A of Section 11.76.010 above.

(Ord. 2015-0016 § 44, 2015; Ord. 97-0016 § 34, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

Any person responsible for storing a hazardous substance in an underground storage tank shall institute and complete all actions necessary to remedy the effects of any unauthorized release, whether sudden or gradual, in accordance with the requirements of Article 5 of Chapter 16 of Division 3 of Title 23 of the California Code of Regulations, and Division 20, Chapter 6.7 and Chapter 6.75, of the California Health and Safety Code. The County may undertake actions to contain, remediate, and/or address such unauthorized release if it determines that it is reasonably necessary under the circumstances for the County to do so. The responsible party shall be liable to reimburse the County for all costs incurred by the County in containing, remediating, and/or addressing such unauthorized release, including the costs of fighting fires, to the extent allowed by law. This responsibility is not conditioned upon evidence of negligence of the party storing the hazardous substances(s) in causing or allowing such release.

(Ord. 2015-0016 § 45, 2015; Ord. 97-0016 § 35, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

A permittee shall indemnify, hold harmless, and defend the PA, the CUPA, and the County against any claim, cause of action, disability, loss, liability, damage, cost or expense, howsoever arising, which occurs by reason of an unauthorized release or containment and cleanup of an unauthorized release in connection with permittee's operations under any unified program facility permit, issued in accordance with this division, except as arises from the PA's, the CUPA's, or the County's sole willful act or sole active negligence.

(Ord. 2015-0016 § 46, 2015; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

Every owner and operator of an underground storage tank shall establish and maintain evidence of financial responsibility as provided by Division 20, Chapter 6.75, of the California Health and Safety Code, sections 25299.30 and 25299.31 and Division 20, Chapter 6.7, of the California Health and Safety Code, section 25292.2. Unless otherwise exempt by law, the owner or operator shall furnish evidence of such financial responsibility to the Director.

(Ord. 2015-0016 § 47, 2015; Ord. 97-0016 § 36, 1997.)