Marin County Municipal Code Ch. 7.84 Certified Unified Program Agency (cupa) Aboveground Storage of Petroleum…

This chapter shall be known as "aboveground storage of petroleum products".

(Ord. No. 3525, § V, 2009)

It is the purpose of this chapter to incorporate and implement Division 20, Chapter 6.67 (commencing with Section 25270) of the California Health and Safety Code. The provisions of this Code establish the authority for the regulation and permitting of facilities that store petroleum products aboveground in regulated quantities. It is also the purpose of this chapter to establish the procedures for the enforcement of these laws.

(Ord. No. 3525, § V, 2009)

Except as otherwise provided, the director, or his/her designee, is charged with the responsibility of administering this chapter, and shall be authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent and express terms of this chapter as he or she deems necessary to implement such purposed, intent and express terms. No rules or regulations promulgated by the director or amendments thereof shall be enforced or become effective until thirty calendar days following the date on which the proposed rules or regulations are filed with the clerk of the board of supervisors.

(Ord. No. 3525, § V, 2009)

Except as expressly provided to the contrary, those terms referred to and defined by Sections 25270.2 of the California Health and Safety Code shall be ascribed the same meaning as used in this chapter.

A. "Aboveground storage tank" or "storage tank" means a tank that has the capacity to store fifty-five gallons or more of petroleum and that is substantially or totally above the surface of the ground. "Aboveground storage tank" does not include any of the following:

1. A pressure vessel or boiler that is subject to Part 6 (commencing with Section 7620) of Division 5 of the Labor Code.

2. A tank containing hazardous waste, as defined in subdivision (g) of Section 25316, if the Department of Toxic Substances Control has issued the person owning or operating the tank a hazardous waste facilities permit for the storage tank.

3. An aboveground oil production tank that is subject to Section 3106 of the Public Resources Code.

4. Oil-filled electrical equipment, including, but not limited to, transformers, circuit breakers, or capacitors, if the oil-filled electrical equipment meets either of the following conditions:

a. The equipment contains less than ten thousand gallons of dielectric fluid.

b. The equipment contains ten thousand gallons or more of dielectric fluid with PCB levels less than fifty parts per million, appropriate containment or diversionary structures or equipment are employed to prevent discharged oil from reaching a navigable watercourse, and the electrical equipment is visually inspected in accordance with the usual routine maintenance procedures of the owner or operator.

5. A tank regulated as an underground storage tank under Chapter 6.7 (commencing with Section 25280) of this Code and Chapter 16 (commencing with Section 2610) of Division 3 of Title 23 of the California Code of Regulations.

6. A transportation-related tank facility, subject to the authority and control of the United States Department of Transportation, as defined in the "Memorandum of Understanding between the Secretary of Transportation and the Administrator of the United States Environmental Protection Agency", dated November 24, 1971, set forth in Appendix A to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.

B. "Administrative enforcement order (AEO)" includes any of the order variations including the expedited consent order, draft unilateral order, stipulation and order and unilateral order.

C. "Business" means the conduct of activity and is not limited to a commercial or proprietary activity.

D. "Board" means the Board of Supervisors for Marin County.

E. "Certified unified program agency (CUPA) or (UPA)" means the agency certified by the secretary to implement the unified program specified in Chapter 6.11 of the California Health and Safety Code. The Public Works Department for Marin County is the CUPA for both the incorporated and unincorporated areas of Marin County.

F. "County" means the County of Marin, or Marin County.

G. "Director" means the Director of the Public Works Department for Marin County, or his/her designee.

H. "Health and Safety Code" means Chapter 6.67 of the California Health and Safety Code.

I. "Operator" means the person responsible for the overall operation of a tank facility.

J. "Owner" means the person who owns the tank facility or part of the tank facility.

K. "Permitting authority" means the Board of Supervisors for Marin County or its designee.

L. "Person" means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, limited liability company or association. "Person" also includes any city, county, district, the University of California, the California State University, the state, any department or agency thereof, and the United States, to the extent authorized by federal law.

M. "Petroleum" means crude oil, or a fraction thereof, that is liquid at sixty degrees Fahrenheit temperature and 14.7 pounds per square inch absolute pressure.

N. "Public works department" means the Public Works Department for Marin County.

O. "Secretary" means the Secretary of the California Environmental Protection Agency.

P. "Spill prevention control and countermeasure plan, (SPCC)" means a plan prepared in accordance with Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations (CFR).

Q. "Storage" or "store" means the containment, handling or treatment of petroleum, for a period of time, including on a temporary basis.

R. "Storage capacity" means the aggregate capacity of all aboveground tanks at a tank facility.

S. "Tank facility" means one or more aboveground storage tanks, including any piping that is integral to the tanks, that contain petroleum and that are used by a single business entity at a single location or site. For purposes of this chapter, a pipe is integrally related to an aboveground storage tank if the pipe is connected to the tank and meets any of the following:

1. The pipe is within the dike or containment area.

2. The pipe is between the containment area and the first flange or valve outside the containment area.

3. The pipe is connected to the first flange or valve on the exterior of the tank, if state or federal law does not require a containment area.

T. "Tank facility statement" means a statement to be filed with the UPA on or before January 1, 2009, and on or before January 1 annually thereafter, by each owner or operator of a tank facility subject to this chapter. The facility statement shall identify the name and address of the tank facility, a contact person for the tank facility, the total storage capacity of the tank facility, and the location, size, age and contents of each storage tank that exceeds ten thousand gallons in capacity and that holds a substance containing at least five percent of petroleum.

(Ord. No. 3525, § V, 2009)

Except as otherwise expressly provided by this chapter, all requirements, limitations and exemptions contained in Chapter 6.67 (commencing with Section 25270) of the Health and Safety Code are hereby incorporated herein by reference. The public works department is hereby designated pursuant to subdivision (a)(1)(C) of Section 25404 of the Health and Safety Code as the agency responsible for implementation and enforcement of Chapter 6.67 (commencing with Section 25270), and any regulations adopted pursuant thereto.

(Ord. No. 3525, § V, 2009)

A. A tank facility is subject to this chapter if the tank facility is subject to the oil pollution prevention regulations specified in Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations or the tank facility has a storage capacity of one thousand three hundred twenty gallons or more of petroleum.

B. Except as provided in Section 7.84.027 each owner or operator of a storage tank at a tank facility subject to this chapter shall prepare a spill prevention control and countermeasure plan in accordance with Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. Each owner or operator specified in this section shall conduct periodic inspections of the storage tank to assure compliance with Section 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. In implementing the spill prevention control and countermeasure plan, each owner or operator specified in this subsection shall fully comply with the latest version of the regulations contained in Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.

(Ord. No. 3525, § V, 2009)

Pursuant to Health and Safety Code Section 25270.2(a)(1), (2), (3), (4), (5), (6)(k), a tank facility located on a farm, nursery, logging site, or construction site is not subject to the requirements of this chapter if no storage tank at the location exceeds twenty thousand gallons and the cumulative storage capacity of the tank facility does not exceed one hundred thousand gallons. The owner or operator of a tank facility exempt pursuant to this subsection shall take the following actions:

a. Conduct a daily visual inspection of any storage tank storing petroleum.

b. Allow the UPA to conduct a periodic inspection of the tank facility.

c. If the UPA determines installation of secondary containment is necessary for the protection of the waters of the state, install a secondary means of containment for each tank or group of tanks where the secondary containment will, at a minimum, contain the entire contents of the largest tank protected by the secondary containment plus precipitation.

(Ord. No. 3525, § V, 2009)

A. No person shall own or operate a business within the County of Marin that stores petroleum products aboveground in regulated quantities, as specified in this chapter, unless by authority of a valid permit for such ownership or operation issued to the owner or operator pursuant to the provisions of this chapter.

B. Such a permit is site, business and owner specific and may not be transferred to other owners or locations. Any person assuming ownership of a facility that stores regulated quantities of petroleum aboveground for which a valid operating permit has been previously issued shall have thirty days after the date of assumption of ownership to apply for a new permit. During the period from the date of application until the permit is issued or denied, the person shall not be held to be in violation of this section.

C. This section does not obviate the requirement to obtain valid permits required by Titles 16 and 17 of this Code, or compliance with other applicable ordinances, including but not limited to the Marin County Zoning Code.

(Ord. No. 3525, § V, 2009)

All applications for a permit under this chapter, including applications for renewal or extension of permits, shall be filed with the director.

(Ord. No. 3525, § V, 2009)

Application for a permit under this chapter, including application for renewal or extension of a permit, shall be filed on a form provided by and containing such information prescribed by the director. An application for a hazardous materials business plan permit shall constitute an application for a permit for storage of petroleum products aboveground, if applicable and required by this chapter.

(Ord. No. 3525, § V, 2009)

A. On or before January 1, 2009, and on or before January 1 annually thereafter, each owner or operator of a tank facility subject to this chapter shall file with the director a tank facility statement that shall identify the name and address of the tank facility, a contact person for the tank facility, the total storage capacity of the tank facility, and the location, size, age and contents of each storage tank that exceeds ten thousand gallons in capacity and that holds a substance containing at least five percent of petroleum. A copy of a statement submitted previously pursuant to this section may be submitted in lieu of a new tank facility statement if no new or used storage tanks have been added to the facility or if no significant modifications have been made. For purposes of this chapter, a significant modification includes, but is not limited to, altering existing storage tanks or changing spill prevention or containment methods.

B. Notwithstanding Subsection A., an owner or operator of a tank facility that submits a business plan, as defined in Health and Safety Code subdivision (e) of Section 25501, to the director, and that complies with Health and Safety Code Sections 25503.5, 25505 and 25510, satisfies the requirement, of Subsection A. above, to file a tank facility statement. The submission of the annual business plan certification complies with the requirement for the annual submission of the tank facility statement providing the form indicates no changes to the business plan currently on file.

(Ord. No. 3525, § V, 2009)

The permitting authority hereby designates the director as its designee for issuance of permits.

(Ord. No. 3525, § V, 2009)

A permit will not be issued or renewed if the director, upon inspection of the facility that stores regulated quantities of petroleum product aboveground, determines that it does not comply with this chapter and/or has not paid the local fees and state surcharges assessed pursuant to Section 7.80.032, Chapter 7.80 of Title 7 of this Code.

(Ord. No. 3525, § V, 2009)

Permits issued pursuant to this chapter shall be subject to conditions imposed by the public works department and such additional conditions as the director determines are necessary to promote the purposes and objects of Chapter 6.67 (commencing with Section 25270) of the Health and Safety Code and of this chapter.

(Ord. No. 3525, § V, 2009)

The term of an operating permit issued pursuant to the provisions of this chapter shall be from date issued until December 31st of the year in which the permit was issued.

(Ord. No. 3525, § V, 2009)

Any permit issued pursuant to this chapter may be revoked, modified or suspended during its term, upon one or more of the following grounds:

a. Violation of any of the terms or conditions of the permit, including nonpayment of fees;

b. Obtaining the permit by misrepresentation or intentional failure to fully disclose all relevant facts;

c. A change in any condition that results in or requires modification or termination of the operation of the facility; or

d. Violation of any provision of this chapter, including the state laws and regulations incorporated by reference in this chapter.

(Ord. No. 3525, § V, 2009)

The director may revoke, modify or suspend a permit by issuing a written notice stating the reasons for the revocation, modification or suspension together with a copy of the provisions of this chapter, upon the holder of the permit. The revocation, modification or suspension shall become effective fifteen days after service of the notice, unless the holder of the permit enters into a settlement agreement with the director or appeals the notice in accordance with the provisions of Section 7.84.115 of this chapter. If such an appeal is filed, the revocation, modification or suspension shall not become effective until a final decision on the appeal is issued.

(Ord. No. 3525, § V, 2009)

Fees associated with permits and other regulatory functions under this chapter are prescribed by Title 7, Chapter 7.80, Section 7.80.032 of this Code.

(Ord. No. 3525, § V, 2009)

It shall be unlawful for any person to violate any provision of Chapter 6.67 (commencing with Section 25270) of the Health and Safety Code and of this chapter. Each and every day a violation of Chapter 6.67 (commencing with Section 25270) of the Health and Safety Code, and of this chapter continues shall constitute a separate offense. The person committing or permitting such offenses may be charged with a separate offense for each such violation. Any violation of this chapter, or of Chapter 6.5 (commencing with Section 25280 of the Health and Safety Code) constitutes a public nuisance and may be abated as such, the remedies and penalties provided by this chapter shall be in addition to any other remedies and penalties provided by law including remedies pursuant to Marin County Code Chapter 1.05.

(Ord. No. 3525, § V, 2009)

A. Pursuant to Section 25404.1.1 of the Health and Safety Code, if the director determines that a person has committed, or is committing, a violation of any law, regulation, permit, information request, order, variance, or other requirement that the director is authorized to enforce or implement pursuant to this chapter, the director may issue an administrative enforcement order requiring that the violation be corrected and imposing an administrative penalty as specified in Section 7.84.095.

B. By written policy, the director shall adopt procedures for implementing administrative enforcement actions. Such procedures shall contain those elements required by, and shall be consistent with the provisions of Section 25404.1.1 of the Health and Safety Code or any successor statute thereto. The administrative enforcement procedures adopted shall not be exclusive, but are cumulative with all other remedies available by law and under this chapter.

(Ord. No. 3525, § V, 2009)

A. Criminal, civil and administrative penalties as specified in Chapter 6.67 of the Health and Safety Code apply to violations defined by Section 7.84.085 of this chapter.

B. Any person who violates the requirements of Section 7.84.030 of this chapter shall be guilty of a misdemeanor, punishable by fine not to exceed one thousand dollars, or by imprisonment for a period not exceeding six months, or both.

C. Pursuant to Health and Safety Code Section 25270.12(a) any owner or operator who fails to prepare a SPCC in compliance with Subdivision (a) of Section 25270.4.5 or to file an HMBP statement as required pursuant to Subdivision (c) of Section 25270.6, or to submit fees as pursuant to Subdivision (b) of Section 25270.6, or to report a spill as required by Section 25270.8, or otherwise comply with the requirements of this chapter is subject to a civil penalty of not more than five thousand dollars for each day on which the violation continues. If the owner/operator commits a second or subsequent violation, a civil penalty of not more than ten thousand dollars for each day on which the violation continues may be imposed.

(Ord. No. 3525, § V, 2009)

When any person has engaged in, is engaged in, or threatens to engage in any acts or practices which violate this chapter, or any resolution, rule or regulation adopted pursuant to this chapter, the Office of the County Counsel for Marin County may apply to any court of competent jurisdiction for an order enjoining those acts or practices, or for an order directing compliance.

(Ord. No. 3525, § V, 2009)

A. The director may issue a cease and desist order requiring the owner or operator of any facility, or any other person responsible for any violation of this chapter, to take any of the following actions:

1. Immediately discontinue any prohibited discharge of hazardous waste or hazardous substance.

2. Immediately discontinue any other violation of this chapter.

3. Satisfactorily remediate the area affected by the violation.

B. The director may issue an administrative enforcement order, pursuant to Section 7.84.090 of this chapter, if it has been determined that an owner or operator has not complied with any or all provision(s) of any cease and desist order.

(Ord. No. 3525, § V, 2009)

Whenever the term "hearing authority" is utilized in this chapter, it shall be deemed to refer to one or more persons listed below assigned the responsibility of conducting a hearing:

a. County management personnel whom the county executive finds are qualified by training and experience to conduct such hearings;

b. Any person or persons, qualified by training or experience, who the county executive may employ or who are retained by contract to conduct such hearings; or

c. Administrative law judges assigned to the State of California Office of Administrative Hearings.

The county executive is hereby authorized to contract in the name of the county for the retention of hearing services at rates which do not exceed financial limitations established by the county's annual budget.

(Ord. No. 3525, § V, 2009)

Pursuant to subdivisions (d) through (h) of Section 25404.1.1 of the Health and Safety Code, any person served with an order pursuant to this chapter who has been unable to resolve any violation with the director, may within fifteen days after service of the order, request a hearing by filing a notice of defense with the director.

If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which the complaint is made shall be deemed to have been waived.

(Ord. No. 3525, § V, 2009)