Los Gatos Municipal Code Div. 4 Containment Standards

(a) No person shall store any hazardous materials regulated by this article until a permit or approval has been issued, pursuant to this article and then only in full compliance with each term and condition of any such permit. No permit or approval shall be granted pursuant to this article unless permit applicant demonstrates to the satisfaction of the Enforcing Officer, by the submission of appropriate plans and other information, that the design and construction of the storage facility will result in a suitable manner of storage for the hazardous material or materials to be contained therein.

(b) All installation, construction, repair or modification, closure, and removal shall be to the satisfaction of the Enforcing Officer. The Enforcing Officer shall have the discretion to exempt an applicant from any specific requirement, except that the discretion with regard to underground storage facilities shall be exercised in accordance with section 13.20.310(c)(4), or to impose reasonable additional or different requirements in order to better secure the purpose and general obligation of this article for protection of public health, safety, and welfare. The guidelines approved pursuant to section 13.20.040 shall serve as an interpretation of the provisions of this division addressed in such guidelines.

(Code 1968, § 35.030.055; Ord. No. 1891, § XV, 3-2-92)

(a) Permit required. No person shall construct or install any new storage facility until a permit or approval has been issued pursuant to this article or other than in full compliance with any term or condition of any such permit.

(b) Monitoring capability. All storage facilities intended for the storage of hazardous materials which are liquids or solids at standard temperature and pressure (STP) shall be designed and constructed with a monitoring system capable of detecting that the hazardous material stored in the primary containment has entered the secondary containment. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required by the Enforcing Officer. Where secondary containment may be subject to the intrusion of water, a means of monitoring for such water shall be provided and a means for safely removing the water shall also 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 storage facilities intended for the storage of hazardous materials which are liquids or solids at standard temperature and pressure (STP), unless specifically herein exempted by the Enforcing Officer.

(1) All primary containment shall be product-tight.

(2) 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 the discharged hazardous materials and so as to be capable of containing hazardous materials discharged from a primary container for a period of time equal to or longer than the maximum anticipated time sufficient to allow recovery of the discharged hazardous material.

b. In the case of an installation with one (1) primary container, the secondary containment shall be large enough to contain at least one hundred ten (110) percent of the volume of the primary container.

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

d. If the storage facility is open to rainfall, then the secondary containment shall be able to additionally accommodate the volume of a twenty-four-hour rainfall as determined by a one-hundred-year storm history.

(3) 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.

(d) Overfill protection. Means of overfill protection may be required for any primary container. 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 a fire or explosion, or the production of a flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container shall be separated in both the primary and secondary containment so as to avoid potential intermixing.

(f) Drainage system. Drainage of water entering by precipitation or infiltration from within a storage facility containing hazardous materials which are liquids or solids at STP shall be controlled in a manner approved by the Enforcing Officer so as to prevent hazardous materials from being discharged. No drainage system will be approved unless the flow of the drain can be controlled. The facility shall contain a means of removing the water by the owner or operator. This removal system shall also prevent uncontrolled removal of this water. This removal system shall also provide for a means of analyzing the removed water for hazardous substance contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility.

(g) Storage tank testing for underground storage tanks.

(1) Before an underground storage tank is covered, enclosed, or placed in use, the standard installation testing for requirements for underground storage systems specified in section 2-7 of the Flammable and Combustible Liquids Code, adopted by the National Fire Protection Association (NFPA 30) as amended and published in the respective edition of the Uniform Fire Code, shall be followed.

(2) Before the underground storage tank is placed in service, the underground storage systems shall be tested in operating condition using a precision test as defined in National Fire Protection Association Pamphlet 329, "Recommended Practice of Handling Underground Leakage of Flammable and Combustible Liquids," as amended, for proving the integrity of an underground storage tank.

(h) Underground storage facilities.

(1) In lieu of the requirements set forth in this section, underground storage facilities installed after January 1, 1984, shall comply with the requirements of Health and Safety Code section 25291, as amended from time to time, except where the provisions of this section supplement and are not inconsistent with said section.

(2) In lieu of the requirements set forth in this section, all underground storage facilities installed on or before January 1, 1984, shall comply with the requirements of Health and Safety Code section 25292, as amended from time to time, except where the provisions of this section supplement and are not inconsistent with said section.

(Code 1968, § 35.030.010; Ord. No. 1891, § XVI, 3-2-92)

Any storage facility which was in existence as of the effective date of this article, or any storage facility for which a building permit was issued prior to the effective date of this article, which does not meet the standards of section 13.20.310, may be permitted pursuant to this article as long as it is providing suitable storage for hazardous materials; except that all underground storage tanks shall comply with California Health and Safety Code section 25291 or 25292. The owner shall outfit the facility with a monitoring system capable of detecting unauthorized releases of any hazardous substances stored in the facility, and thereafter the operator shall monitor each facility based on the materials stored and the type of monitoring installed. In addition, storage facilities which contain hazardous materials which are liquids or solids at standard temperature and pressure (STP) must be monitored in accordance with a plan approved by the Enforcing Officer as set forth herein.

(1) A monitoring plan for each such storage facility containing hazardous materials which are liquids or solids at STP shall be submitted to the Enforcing Officer as part of the hazardous materials management plan.

(2) 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 storage facility on a monthly or more frequent basis may be approved by the Enforcing Officer.

(3) Alternative methods of monitoring may include but are not limited to: pressure testing, vacuum testing or hydrostatic testing of the piping systems or underground storage tanks; groundwater monitoring wells which are downgradient and adjacent to the storage facility; vapor analysis within the wells where appropriate; and analysis of the soil borings at the time of initial installation of the wells. The number of wells, depth of wells, location of wells, and sampling frequency shall be approved by the Enforcing Officer.

(4) Such monitoring devices and methods, as approved by the Enforcing Officer, shall be installed and operating within six (6) months of the issuance of a provisional permit in accordance with section 13.20.680. The Enforcing Officer may grant an extension of this compliance date; however, such extension shall not exceed one (1) additional year. The full term permit may be issued when compliance with this subsection has been achieved. No monitoring systems required by this section shall be installed later than January 1, 1985, or the date specified in Health and Safety Code section 25284.1, whichever date is later.

(5) The continued use of, and permit approval for, existing storage facilities is subject to review and modification or termination by the Enforcing Officer whenever there has been an unauthorized discharge. It shall also be reviewed by the Enforcing Officer each time the permit is renewed. In determining whether continued storage in such storage facility is suitable the Enforcing Officer shall consider the age of the storage facility, the methods of containment, the methods of monitoring, the feasibility of the required retrofit, the concentration of the hazardous materials contained, the severity of potential unauthorized discharge, and the suitability of other long term preventive measures which meet the intent of this article.

(6) Existing storage facilities which are not approved in accordance with this section must be upgraded to comply with this article or be closed in accordance with section 13.20.320 below within one (1) year of a decision not to issue a full term permit. An extension of time for compliance with this subsection, not to exceed one (1) additional year, may be granted by the Enforcing Officer.

(Code 1968, § 35.030.015; Ord. No. 1891, § XVII, 3-2-92)

(a) No storage facility shall be abandoned.

(b) Storage facilities which are temporarily out of service, and are intended to be returned to use, must continue to be monitored and inspected.

(c) Any storage facility which is not being monitored and inspected in accordance with this article must be closed or removed in a manner approved by the Enforcing Officer in accordance with section 13.20.695.

(d) Whenever an abandoned storage facility is located, a plan for the closing or removing or the upgrading and permitting of such storage facility shall be filed within ninety (90) days of its discovery. A closure plan shall conform to the standards specified in section 13.20.695.

(Code 1968, § 35.030.020)

(a) Monitoring methods. Monitoring methods shall include at least one (1) system for detecting leakage from the primary container. A monitoring system capable of detecting that the hazardous material stored in the primary containment has entered the secondary containment shall be provided. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required by the Enforcing Officer. Where secondary containment may be subject to the intrusion of water, a means of monitoring for such water shall be provided and a means for safely removing the water shall also be provided. Whenever monitoring devices are provided, they shall, where applicable, be connected to attention-getting visual and/or audible alarms.

(b) Monitoring, testing and inspection. Every permittee under this article shall provide testing, monitoring (if applicable), and inspections in compliance with the hazardous materials management plan and shall maintain records adequate to demonstrate compliance therewith.

(Code 1968, § 35.030.025)

All tank integrity tests required by this article for storage facilities, or by chapter 6.7 of the Health and Safety Code and the regulations enacted pursuant thereto shall be performed only by, or under the direct and personal supervision of, a tank tester with a currently valid tank testing license issued pursuant to Health and Safety Code

(Ord. No. 1891, § XVIII, 3-2-92)

(a) Permittee will carry out maintenance, ordinary upkeep, and minor repairs in a careful and safe manner. No permit or other approval will be required for such maintenance and upkeep.

(b) Any substantial modifications or repair of a storage facility other than minor repairs or emergency repairs shall be in accordance with plans to be submitted to the Enforcing Officer and approved in accordance with section 13.20.695 prior to the initiation of such work.

(c) The permittee may make emergency repairs to a storage facility in advance of seeking additional permit approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or to protect the integrity of the containment. However, within five (5) working days after such emergency repairs have been started, permittee shall seek approval pursuant to section 13.20.695 by submitting drawings or other information adequate to describe the repairs to the Enforcing Officer.

(d) Replacement of any storage facility for hazardous materials, which are liquids or solids at STP, must be in accordance with the new installation standards of section 13.20.310.

(Code 1968, § 35.030.030)

(a) Dispensing and mixing of hazardous materials must not be done in such a manner as to substantially increase the risk of an unauthorized discharge.

(b) When hazardous materials are moved into or out of a storage facility, they shall remain in the travel path only for the time reasonably necessary to transport the hazardous material and such movement shall be in a manner which will not result in an unauthorized discharge.

(Code 1968, § 35.030.035)

Access to the storage facilities shall be secured by means of fences and/or locks. The access to the storage facilities shall be kept securely locked when unattended.

(Code 1968, § 35.030.040)

Emergency equipment shall be provided which is reasonable and appropriate for potential emergencies presented by the stored hazardous materials. Such equipment shall be regularly tested and adequately maintained.

(Code 1968, § 35.030.045)

Simplified emergency procedures shall be posted conspicuously in locations where hazardous materials are stored.

(Code 1968, § 35.030.050)