Mono County Municipal Code Ch. 7.40 Underground Storage of Hazardous Substances

Pursuant to Health and Safety Code Section 25283(a), Mono County is required to enforce the provisions of Division 20, Chapter 6.7, commencing with Section 25280, of the Health and Safety Code relating to the underground storage of hazardous substances. The purpose of this chapter is to comply with that legislative mandate.

(Ord. 91-03 § 2 (part), 1991.)

Pursuant and in addition to the foregoing requirements of state law, Mono County adopts the relevant regulations of the State Water Resources Control Board and its applicable regional board, as those regulations may be amended from time to time.

(Ord. 91-03 § 2 (part), 1991.)

The Mono County health officer shall be responsible for implementing and enforcing the provisions of this chapter and the foregoing laws and regulations.

(Ord. 91-03 § 2 (part), 1991.)

A. Pursuant to Health and Safety Code Section 25287, the board of supervisors is required to set a fee to be paid to Mono County by each person who submits an application for a permit to operate an underground storage tank or to renew or amend a permit. The fees are to be set at a level sufficient to pay the necessary and reasonable costs incurred by Mono County in administering this chapter, including, but not limited to, permitting and inspection responsibilities and responsibilities to regulate the abandonment, closing or temporary ceasing of operation of underground storage tanks pursuant to Health and Safety Code Section 25298.

B. The foregoing fee is required by state law to include a surcharge established by the state authorities to cover the costs of the State Water Resources Control Board in carrying out its responsibilities as set forth in Sections 25280, et seq., of the Health and Safety Code.

C. The board of supervisors shall set the foregoing fee and surcharge from time to time by resolution.

(Ord. 91-03 § 2 (part), 1991.)

A. The foregoing state law provides for the use of tank testers for the purpose of performing tank integrity tests on underground storage tanks. Tank testers are employed directly by the owner of an underground storage tank or his authorized agent. The tank tester therefor assumes a duty to the owner of the underground storage tank to carry out tank testing responsibilities in a professional and workmanlike manner.

B. In light of the danger posed by hazardous substances stored in underground storage tanks, it is in the public interest to assure that tank testers carrying out underground tank testing in Mono County are competent, or otherwise capable of paying for damages caused by negligent or incompetent tank testing.

C. Before undertaking any tank testing in Mono County, a tank tester shall provide proof of liability insurance to the Mono County health officer. The insurance shall be an errors and omissions or similar policy, in the face amount of not less than five hundred thousand dollars per incident, and shall cover losses or damages to the owner of the underground storage tank as a result of the nonfeasance or misfeasance of the tank tester.

(Ord. 91-03 § 2 (part), 1991.)

It is unlawful for any person to undertake tank testing activities in Mono County without first complying with Section 7.40.050 (C). The penalty shall be a fine of one thousand dollars for each offense.

(Ord. 91-03 § 2 (part), 1991.)