Mendocino County Municipal Code Ch. 9.28 Regulation of Hazardous Substances Stored in Underground Storage Tanks

This Chapter shall be known and cited as the Regulation of Hazardous Substances Stored in Underground Storage Tanks.

(Ord. No. 3477, adopted 1983.)

It is the intent of the Mendocino County Board of Supervisors to adopt this Ordinance pursuant to State law as authorized by 1983 Statutes Chapter 1046 in order to retain local control and remain exempt from its preemptive provisions for failing to adopt a local ordinance prior to January 1, 1984.

(Ord. No. 3477, adopted 1983.)

Mendocino County hereby incorporates by reference the minimum standards for the ownership and operation of underground storage tanks as specified by Health and Safety Code Section 25291 and 25292 providing for double containment of certain underground storage tanks, and issuing permits therefore, as those laws may be amended from time to time.

(Ord. No. 3477, adopted 1983, as amended by Ord. No. 3586, Sec. 1, adopted 1985.)

No person shall own or operate an underground storage tank, unless a permit for such ownership or operation is issued by the Mendocino County Department of Public Health as specified herein.

(Ord. No. 3477, adopted 1983.)

For purposes of this Chapter, the "local agency" means the Mendocino County Department of Public Health which is the local agency responsible for administering and enforcing the provisions of this Chapter.

(Ord. No. 3477, adopted 1983.)

The Mendocino County Department of Public Health shall be responsible for issuing a permit or permits for each underground storage tank as that term is defined in Health and Safety Code Section 25281(r) that is owned or operated within Mendocino County.

(Ord. No. 3477, adopted 1983, as amended by Ord. No. 3586, Sec. 2, adopted 1985.)

The fee for a permit or permits issued under this Chapter shall be established by Ordinance. The County may waive the fees imposed by this Chapter for a public agency.

(Ord. No. 3347, adopted 1983.)

Permits to own, operate or transfer ownership or operation of underground storage tanks shall be applied for on forms specified by the State Water Resources Control Board and provided by the Mendocino County Department of Public Health.

(Ord. No. 3477, adopted 1983.)

Unless established otherwise by Ordinance setting stricter standards, the minimum standards for the ownership and operation of the underground storage tank shall be those specified in Health and Safety Code Sections 25291 and 25292 as those sections may be amended from time to time.

(Ord. No. 3477, adopted 1983, as amended by Ord. No. 3586, Sec. 3, adopted 1985.)

The Mendocino County Department of Public Health may inspect every underground storage tank within Mendocino County at least once every three years to determine whether or not the underground storage tank complies with the design and construction standards specified in Health and Safety Code Sections 25291 and 25292 whichever is applicable, whether the operator has monitored and tested the underground storage tanks as required by its permit and whether or not the tank is in safe operating conditions. After such inspection, the Mendocino County Department of Public Health may prepare a compliance report detailing the results of the inspection and may send a copy of it to the permit holder.

(Ord. No. 3477, adopted 1983, as amended by Ord. No. 3586, Sec. 4, adopted 1985.)

In addition to the inspections specified in Section 9.28.100, the Mendocino County Department of Public Health may require the permit holder to employ, periodically, special inspectors, as that term is defined in Health and Safety Code Section 25281(n), to conduct an audit or assessment of the permit holder's facility as that term is defined in Health and Safety Code Section 25281(c) to determine whether or not the facility complies with the factors specified in Section 9.28.100 and to prepare a special investigation report with recommendations concerning the safe storage of hazardous materials at the facility.

(Ord. No. 3477, adopted 1983, as amended by Ord. No. 3497, adopted 1984, as amended by Ord. No. 3586, Sec. 5, adopted 1985.)

The Mendocino County Department of Public Health may require a means of overfill protection of any primary tank including an overfill prevention device or an attention-getting higher level alarm or both.

(Ord. No. 3477, adopted 1983.)

(A) Any operator of an underground storage tank shall be liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) per day for any of the following:

(1) Operates an underground storage tank which has not been issued a permit.

(2) Fails to monitor the underground storage tank, as required by the permit.

(3) Fails to maintain records as required by the Mendocino County Department of Public Health.

(4) Fails to report an unauthorized release as required by Health and Safety Code Sections 25294 and 25295.

(5) Fails to properly close an underground storage tank, as required by Health and Safety Code Section 25298.

(B) Any owner of an underground storage tank shall be liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) per day for any of the following:

(1) Failure to obtain a permit as specified in this Chapter.

(2) Failure to repair an underground tank in accordance with the provisions of this Chapter.

(3) Abandonment or improper closure of any underground tank subject to the provisions of this Chapter.

(4) Knowing failure to take reasonable and necessary steps to assure compliance with this Chapter by the operator of an underground tank.

(Ord. No. 3477, adopted 1983, as amended by Ord. No. 3586, Sec. 6, adopted 1985.)

Penalties under Section 9.28.140 are in addition to, and do not supersede or limit, any and all other legal remedies and penalties, civil or criminal, which may be applicable under other laws.

(Ord. No. 3477, adopted 1983.)

The County may amend this Ordinance from time to time as authorized by State law.

(Ord. No. 3477, adopted 1983.)

If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance, which is reasonably separable from the remaining portion of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, it being herein expressly declared that this Ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more sections, subsections, paragraphs, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 3477, adopted 1983.)