Monterey County Municipal Code Ch. 10.65 Hazardous Materials Registration

The Board of Supervisors finds and declares:

A. Purpose.

1. The purpose of this Chapter is to provide a continuing source of current information concerning hazardous substances and chemicals being utilized in the County of Monterey to protect the general health and safety of the public and to enable emergency personnel to respond safely and speedily to emergency situations which may arise.

2. The Board of Supervisors declares that it is in the public interest to establish a continuing program for the purpose of preventing contamination from, and improper storage of, hazardous substances stored underground. It is the intent of the Board of Supervisors, in enacting this Chapter to establish orderly procedures that will ensure that newly constructed underground storage tanks meet appropriate standards and that existing tanks be properly maintained, inspected, and tested so that the health, property, and resources of the people of the County will be protected.

B. Findings.

1. Essential information on the location, type, quantity and the health risks of hazardous materials used, stored, or disposed of in the County is not now available to fire fighters, health officials, health care providers, law enforcement agencies and emergency communications officers.

2. Hazardous substance and chemical information disclosure is necessary so that the County of Monterey and other affected public agencies may respond effectively to fire or other emergency involving materials that exhibit hazardous characteristics and may pose hazards to the community.

3. Substances hazardous to the public health and safety, and to the environment, are stored prior to use or disposal in thousands of underground locations in the State.

4. Underground tanks used for storage of hazardous substances and wastes are potential sources of contamination of the ground and underlying aquifers, and may pose other dangers to public health and the environment.

5. It is not the intent of this Chapter to regulate the handling, use, processing or disposal of hazardous substances and chemicals.

6. It is the intent of the Board of Supervisors that this Chapter establish an orderly system by which establishments that contain materials which may be hazardous are identified and information regarding these materials is made available to fire fighters, health officials, health care providers, law enforcement agencies and emergency communications officers in such a way that the statutory privilege of trade secrecy is not abridged.

(Ord. 3040, 1984)

For purposes of this Chapter, the following definitions apply:

A. "Abandoned underground tank" means a tank of any size, including but not limited to agricultural underground storage tanks and home heating oil tanks, that is not in use and not monitored and/or safeguarded in compliance with regulations promulgated by the Department of Health pursuant to this ordinance.

B. "Business" means an employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, association, city, county, district, and the State, or any department or a thereof. For purposes of this Chapter, a business shall include both profit and non-profit business.

C. "CAS number" means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.

D. "Chemical name" means the scientific designation of a substance in accordance with the system developed by the Chemical Abstracts Service.

E. "Common name" means any designation or identification such as code name, code number, trade name, or brand name used to identify a substance other than by its chemical name.

F. "Establishment" means the physical premises of a business.

G. "Handle" or "handling" means to use, store, treat or generate a hazardous material in any fashion.

H. "Hazardous material" means any material or substance in "The Directors List of Hazardous Substance" developed by the Director of the Department of Industrial Relations pursuant to the provisions of the Hazardous Substances Information and Training Act (SB 1874) or cited in Article 9, Division 4, Title 22 of the California Administrative Code or is classified by the National Fire Protection Association as either a flammable liquid, a Class II combustible liquid or a Class III-A combustible liquid.

I. "Hazardous materials registration form" means the form required to be filed with the County Health Department by every person who owns or operates an establishment which uses hazardous materials.

J. "Hazardous waste," see Hazardous material.

K. "Hazardous substance," see Hazardous material.

L. "Health Officer" means the Health Officer of Monterey County or his or her authorized representative.

M. "Laboratory" means a place equipped for testing, analyses or experimental study in a science - and utilizing hazardous materials as defined in this Section in any amount.

N. "Person" means an individual, trust, firm, joint stock company corporation, partnership, association, city, county, State or district.

O. "Primary containment" means the first level of containment, such as the portion of a tank comes into immediate contact on its inner surface with hazardous substance being contained.

P. "Product-tight" means impervious to the substance which is contained, or is to be contained, so as to prevent the seepage of the substance which it contains over the useful life of the tank.

Q. "SIC Code" means the identification number assigned by the Standards Identification Code to specific types of businesses.

R. "Single-walled" means construction with walls made of only one thickness of material. For the purpose of this Chapter, laminated, coated, or clad materials shall be considered single-walled.

S. "Storage" or "store" means the containment, handling or treatment of hazardous substances, either on a temporary basis or for a period of years. "Storage" or "store" does not mean the storage of hazardous wastes in an underground storage tank if the person operating the tank has been issued a hazardous waste facilities permit by the California Department of Health Services.

T. "Substantial modification" means any changes to an underground storage tank facility which include but are not limited to, one or more of the following: replacement of a tank, repairing a tank, installation of a new pipeline, and installation or replacement of monitoring devices.

U. "Unauthorized release" means any release or emission of any hazardous substance which does not conform to the provisions of this ordinance, unless such release is authorized by the State Water Resources Control Board pursuant to Division 7 of the California Water Code.

V. "Underground storage tank" means any one of a combination of tanks, including pipes connected thereto, which is used for the storage of hazardous substances and which is substantially or totally beneath the surface of the ground. "Underground storage tank" does not include any of the following:

1. A tank with a capacity of one thousand one hundred (1,100) gallons or less which is used primarily for agricultural purposes and not for resale.

2. A tank which is located on a farm or at the residence of a person, which has a capacity of one thousand one hundred (1,100) gallons or less, and which stores home heating oil for consumptive use on the premises where stored.

3. Structures such as sumps, separators, storm drains, catch basins, oil field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separation sumps, lined and unlined pits, sumps and lagoons. Not exempted by this Section are sumps which are a part of a monitoring system required under Health and Safety Code Section 25291 or 25292 and sumps or other structures defined as underground storage tanks under Subchapter IX of Chapter 82 of Title 42 of the United States Code, as added by the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616) or as may subsequently be amended or supplemented.

W. "Use" includes the handling, processing or storage of hazardous materials.

X. "User" means any person who uses or handles a hazardous material.

(Ord. 3473 § 1, 1990; Ord. 3040, 1984)

A. Every underground storage tank installed after January 1, 1984 shall meet the following requirements:

1. No person, firm or corporation shall construct or install any new underground storage tank or facility until a permit has been issued pursuant to this ordinance.

2. Be designated and constructed to provide primary and secondary levels of containment of the hazardous substances stored in them in accordance with the following performance standards:

a. Primary containment shall be product-tight.

b. Secondary containment shall be constructed to prevent structural weakening as a result of contact with any released hazardous substances, and also shall be capable of storing, for the maximum anticipated period of time necessary for the recovery of any released hazardous substance.

c. In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least one hundred (100) percent of the volume of the primary tank.

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

e. If the facility is open to rainfall, then the secondary containment must be able to additionally accommodate the volume of a twenty-four (24) hour rainfall as determined by a one hundred (100) year storm history.

f. Single-walled containers to not fulfill the requirement of an underground storage tank providing both a primary and a secondary containment.

g. The design and construction of underground storage tanks for motor vehicle fuels storage need not meet the requirements of Paragraphs a to f, inclusive, if the primary containment construction is of glass fiber reinforced plastic, cathodically protected steel, or steel clad with glass fiber reinforced plastic, any such alternative primary containment is installed in conjunction with a system that will intercept and direct a leak from any part of the tank to a monitoring well to detect any release of motor vehicle fuels stored in the tank and which is designed to provide early leak detection, response, and to protect groundwater from releases, and if the monitoring is in accordance with the alternative method identified in Paragraph 3 of Subdivision C of Section 10.65.030. Pressurized piping systems connection to underground storage tanks used for the storage of motor vehicle fuels and monitored in accordance with Paragraph 3 of Subdivision C of Section 10.65.030 shall also be deemed to meet the requirements of this Subdivision.

3. Be designed and constructed with a monitoring system capable of detecting the entry of the hazardous material stored in the primary containment into the secondary containment. If water could intrude into the secondary containment, a means of monitoring for water intrusion and for safely removing the water shall also be provided.

4. When required by the County Department of Health, a means of overfill protection for any primary tank, including an overfill prevention device or an attention-getting higher level alarm, or both. Primary tank filling operations of underground storage tanks containing motor vehicle fuels which are visually monitored and controlled by a facility operator satisfy the requirements of this paragraph.

5. Different substances that in combination may cause a fire or explosions, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary and secondary container, shall be separated in both the primary and secondary containment, so as to avoid potential intermixing.

6. If water could enter into the secondary containment by precipitation of infiltration, the facility shall contain a means of removing the water by the owner or operator. 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.

B. For every underground storage tank installed on or before January 1, 1984, and used for storage of hazardous substances the following actions shall be taken:

1. On a time schedule specified by the Department of Health, 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 materials stored and the type of monitoring installed.

2. Provide a means for visual inspection of the tank, wherever practical, for the purpose of the monitoring required by Subdivision A. Alternative methods of monitoring the tank on a monthly, or more frequent basis, may be required by the local agency, consistent with the regulations of the Department of Health.

C. The alternative monitoring methods include, but are not limited to, the following methods:

1. Pressure testing, vacuum testing or hydrostatic testing of the piping systems or underground storage tanks.

2. A groundwater monitoring well or wells which are down gradient and adjacent to the underground storage tank, vapor analysis within a well where appropriate, and analysis of soil borings at the time of initial installation of the well. The Department of Health shall develop regulations specifying monitoring alternatives. Further, the Department of Health shall approve the location and number of wells, the depth of wells and the sampling frequency, pursuant to these regulations.

3. For monitoring tanks containing motor vehicle fuels, daily gauging and inventory reconciliation by the operator, if inventory records are kept on file for one year and are reviewed quarterly, the tank is tested for tightness hydrostatically or, when appropriate with pressure between three and five pounds, inclusive, per square inch at time intervals specified by the Department of Health and whenever any pressurized system has a leak detection device to monitor for leaks in the piping. The tank shall also be tested for tightness hydrostatically or where appropriate, with pressure between three and five pounds, inclusive, per square inch whenever there is a storage greater than the amount which the Department of Health shall specify by regulation.

D. Abandonment, Closure, or Temporary Closure of Underground Storage Tanks.

1. No tank shall be abandoned unless properly monitored and safeguarded in accordance with regulations promulgated by the Department of Health.

2. Tanks which are temporarily out of service and are intended to be returned to use must continue to be monitored and inspected.

3. Any tank which is not being monitored and inspected in accordance with this Section must be closed or removed in accordance with regulations promulgated by the Department of Health.

4. Whenever an abandoned tank is located, a plan for the closing or removing or the upgrading and permitting of such tank and permit application therefore shall be filed within ninety (90) days of its discovery.

E. Maintenance, Repair or Replacement.

1. Permittee will carry out regular maintenance and upkeep, in a careful and safe manner.

2. Any substantial modification or repair of a facility other than minor, maintenance, or emergency repairs shall be in accordance with plans to be submitted to the Department of Health and a permit to repair shall first be obtained prior to commencement of any such substantial modification or repair.

3. Permittee may make emergency repairs to a facility in advance of seeking an additional permit approval whenever an immediate repair is required to prevent or contained an unauthorized discharge to protect the integrity of the containment. However, within five working days after such emergency repairs have been started, permittee shall seek approval pursuant to this ordinance by submitting drawings or other information adequate to describe the repairs to the Department of Health.

F. Unauthorized Discharge Of Hazardous Materials.

1. Any unauthorized release from the primary containment which the operator is able to clean up within eight hours and which does not escape from the secondary containment, nor cause any deterioration of the secondary containment of the underground storage tank, shall be recorded on the operators monitoring reports.

2. Any unauthorized release which escapes from the secondary containment, increases the hazard of fire or explosion, or causes any deterioration of the secondary containment of the underground tank shall be reported by the operator to the Department of Health within twenty-four (24) hours after the release has been detected or, should have been detected. A full written report shall be transmitted by the owner or operator of the underground storage tanks within five working days of the occurrence of the release.

The Department of Health shall review the operating permit whenever there has been an unauthorized release or when it determines that the underground storage tank is unsafe. The department may terminate a permit for a facility when it has been determined that the operation of the facility would pose a threat to public health.

(Ord. 3040, 1984)

Any person, firm, or corporation which stores any hazardous material in an underground storage tank shall obtain and keep current, an Underground Storage Tank Permit issued pursuant to this Chapter. One such permit shall be issued for a single facility. Additional permits shall be obtained for any underground storage tank thereafter connected, installed, constructed, substantially modified, replaced, repaired, closed, or removed.

A. No person, firm or corporation shall cause, suffer, or permit the storage of hazardous materials in underground tanks:

1. In a manner which violates a provision of this Division or any other local, Federal, or State statute, code or regulation relating to hazardous materials, or;

2. In a manner which causes an unauthorized discharge of hazardous materials or poses a significant risk of such unauthorized discharge.

B. Application for Permit. Application for a new, amended, or renewed permit or any additional approval shall be made to the Department of Health on the form provided by the County.

C. Approval of Permit. A permit shall not be approved until the Department of Health is satisfied that the storage approved adequately conforms to the provision of this Chapter.

D. Provisional Permit. If the Department of Health finds that the proposal does not completely conform to the provisions of this Chapter, it may approve a provisional permit, subject to conditions to be imposed by the Department when such a provisional permit is feasible and does not appear to be detrimental to the public interest. The applicant must be informed in writing of the reasons why a full term permit was not issued.

E. Temporary Permit. A temporary permit for storage may be issued where storage does not exceed thirty (30) days and occurs no more frequently than every six months.

F. Issuance of Permits.

1. Upon the approval of a provisional, or full term permit by the Department of Health and upon the payment of any applicable fee, the Department shall issue and deliver the permit to applicant. Such permit shall contain the following information:

a. The name and address of the permittee for purposes of notice and service of process;

b. The address of the facility for which the permit is issued;

c. Authorization of the storage facility(s) approved under the permit, the permit quality limit(s) and the approved hazard class or classes for the storage facility(s);

d. The date the permit is effective;

e. The date of expiration;

f. When applicable, a designation that the permit is provisional;

g. Any special conditions of the permit.

2. The Department of Health shall keep a record of all permits issued and all conditions attached thereto.

G. Terms. A permit may be issued for a term of five years, excepting provisional permits and construction and abandonment permits which may be issued for any period of time up to six months and temporary permits which may be issued for no longer than thirty (30) days.

H. Fees.

1. Application for permits shall be accompanied by a fee as prescribed in Section 10.08.050DD of the Monterey County Code.

2. The County of Monterey, its departments and the Monterey County Flood Control and Water Conservation District are hereby exempted from payment of the fees prescribed in Section 10.08.050DD of the Monterey County Code.

I. Civil and Criminal Penalties.

1. Any operator of an underground storage tank shall be liable for a civil penalty of not less than five hundred dollars ($500.00) or more than five thousand dollars ($5,000.00) per day for any of the following:

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

b. Fails to monitor the underground storage tank, as required by the permit.

c. Fails to maintain records.

d. Fails to report an unauthorized release.

e. Fails to abandon an underground storage tank in accordance with this ordinance.

2. Any owner of an underground storage tank shall be liable for a civil penalty of not less than five hundred dollars ($500.00) or more than five thousand dollars ($5,000.00) per day for any of the following:

a. Failure to obtain a permit as specified by this ordinance.

b. Failure to repair an underground tank in accordance with the provisions of this ordinance.

c. Failure to construct an underground storage tank in accordance with the provisions of this ordinance.

d. Abandonment or improper closure of any underground tank subject to the provisions of this ordinance.

e. Failure to outfit a facility with a monitoring system capable of detecting an unauthorized release of any hazardous substance stored in the facility as required by the Department of Health.

f. Knowing failure to take reasonable and necessary steps to assure compliance with this ordinance.

3. Any person who falsifies any monitoring records required by this ordinance, or knowingly fails to report an unauthorized release, shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000.00) or more than ten thousand dollars ($10,000.00), or by imprisonment in the County jail for not to exceed one year, or by both that fine and imprisonment.

4. In determining both the civil and criminal penalties imposed pursuant to this Section, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person who holds the permit.

5. Penalties under this Section 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. 3473 § 2, 1990; Ord. 3256 § 6, 1987; Ord. 3169 § 1, 1986; Ord. 3040, 1984)

A. Any person who owns or operates an establishment that contains at any one time during the year, hazardous materials as defined in Section 10.65.020 shall file a completed hazardous material registration form with the Department of Health within ninety (90) days of the effective date of this Chapter.

B. Any person commencing operations in an establishment subject to this Chapter shall file a completed registration form with the Department of Health within thirty (30) days of the commencement of such activity.

C. Any business which has a laboratory or laboratories containing any hazardous materials is not required to list individual materials but must be listed as a laboratory on the registration form and its location in the establishment must be identified.

D. Any person who uses or handles a hazardous material must annually submit a completed registration form to the County Health Officer by January 1st of each year.

E. Any person required to file a registration form pursuant to this Chapter shall file an amended registration form within thirty (30) days of the following:

1. Change of business address.

2. Change of business ownership.

3. Change of business name.

4. Change of materials handled which would materially change the list of materials on file with the Department of Health.

F. The registration form shall be approved and signed by a responsible employee of each business under penalty of perjury.

G. The Health Department shall record and maintain a file of all registration forms received. The registration information shall be made available only to agencies enumerated in Section 10.65.010B.

H. The Department of Health will be notified in case of change in emergency response personnel as reported on the registration form.

I. When necessary, the County Health Officer may request additional information on how and where hazardous materials are stored, for the purpose of distribution to fire departments and other emergency response teams that may be called upon to provide emergency services in connection with the handling and use of hazardous materials.

(Ord. 3473 § 3, 1990; Ord. 3040, 1984)

A. Hazardous Material Registration Forms shall be prepared by the Department of Health and made available to persons who use hazardous materials.

B. The Hazardous Materials Registration Form shall include requests for the following information:

1. Identification information including but not limited to name, address, phone number and assessors parcel number.

2. The names and phone numbers of at least two people representing the business able to assist agency personnel in the event of an emergency during non-business hours.

3. The SIC code of the business if applicable.

4. A list of the hazardous materials at the establishment designated by CAS number, chemical name and common name as well as the form in which the material is stored and the maximum amount present during a thirty (30) day period.

5. Each business shall designate in the appropriate box if there is a laboratory at its establishment.

6. A sketch showing the location of any laboratory at the establishment.

7. For businesses consisting of more than one building, a sketch showing where the hazardous material is stored.

(Ord. 3040, 1984)

The following shall be exempt from the disclosure requirements of this Chapter:

A. Any person who handles radioactive materials that are exempt under Sections 30180 and 30345 of Title 17 of the California Administrative Code or licensed with the State Department of Health Services.

B. Hazardous substances contained only in consumer products packaged for distribution to, and use by, the general public.

C. Any person using, handling or storing less than five hundred (500) pounds or fifty-five (55) gallons a month, whichever is lesser, of a hazardous material. The exemption of this Subsection C shall not apply to the use, handling or storage of known carcinogens except to the extent that such carcinogens are used or intended to be used for medical or therapeutic purposes.

D. Any person, while engaged in the transportation of hazardous materials, including storage directly incident to transportation, provided that such materials are accompanied by shipping papers prepared in accordance with the provisions of the Federal Hazardous Materials Regulations (40 C.F.R., Subchapter C.)

(Ord. 3040, 1984)

A. If a person believes that a request for information made by the disclosure form involves the release of a trade secret or proprietary information, the person shall submit to the County Health Officer adequate information of the claim of trade secrecy.

B. The County Health Officer and the proper public agencies shall protect from disclosure and all trade secrets and proprietary information coming into his or her possession, as defined in Subsection (d) of Section 5254.7 of the California Government Code and Section 1060 of the California Evidence Code, when requested in writing by the user.

C. Any trade secret or proprietary information reported to or otherwise obtained by the County Health Officer shall not be disclosed to anyone except an officer or employee of the County, the State or the Federal government who demonstrates a need to know the information in connection with their official duties.

D. For the purposes of this Section, fire and emergency response personnel and County Health personnel operating within the jurisdiction of the County shall be considered employees of the County.

E. The Health Officer, with County Counsel, upon receipt of a request for his or her designation of information submitted as a trade secret by a user, shall determine whether any or all of the information so submitted is properly designated trade secret or proprietary information. No information shall be disclosed until a final determination of trade secret is made.

F. If the Health Officer and County Counsel determine that the submitted information should be designated as trade secret or proprietary information, then the materials involved will be identified only by the properties and returned to the appropriate agencies.

G. If the Health Officer and County Counsel determine that the information is not a trade secret:

1. The County Counsel shall notify the person by certified mail.

2. The person shall have thirty (30) days after receipt of notification to request reconsideration of the County Counsels determination and to provide the County Counsel with any further data supporting the claim of trade secrecy privilege.

3. The County Counsel shall determine whether such information is protected as a trade secret or proprietary information within fifteen (15) days after receipt of the additional data supporting the claim of trade secrecy or, if no additional data is submitted, within thirty (30) days of the original notice. The County Counsel shall notify the person and any party who has requested the information that it is not protected as a trade secret. The final notice shall also specify a date, not sooner that fifteen (15) days after the date of mailing of the final notice, when the information may be made available to the appropriate public agencies.

4. Prior to the date specified in the final notice, the person may institute an action in the Superior Court for a declaratory judgment as to whether such information is subject to protection under Subdivision A.

H. The provisions of this Section shall not permit a person to refuse to file an disclosure information form to the County Counsel except under the conditions set forth in Subsection E.

(Ord. 3040, 1984)

A. The County Health Officer is authorized and empowered to enforce the provisions of this Chapter. The enforcement shall include the inspection of facilities and other activities directly related to the enforcement of this Chapter. No person shall obstruct or interfere with the County Health Officer in the performance of these duties.

B. Repealed.

(Ord. 3659 § 8, 1993)

A. The Health Officer shall maintain active files of all registration forms received for a period of three years. Registration forms which are more than three years old shall be placed in inactive files and retained for a period of thirty (30) years.

B. The County Health Officer shall index registration forms by street addresses and parcel numbers, and shall cross reference them by business name, and by the SIC code numbers and the CAS numbers listed on the registration forms.

(Ord. 3040, 1984)

Fees are prescribed by Monterey County Code Section 10.08.050DD 1—3.

(Ord. 3473 § 4, 1990; Ord. 3256 § 7, 1987)

This ordinance is necessary for the immediate preservation of the public peace, health, and safety, and shall take effect immediately. The facts constituting the urgency are as follows:

Underground tanks used for the storage of hazardous substances and wastes are potential sources of contamination of the ground and underlying aquifers in the County of Monterey and need to be regulated. Further, the location, type, and quantity of hazardous materials used, stored, or disposed of in the County need to be immediately available to fire fighters, health officials, health care providers, law enforcement agencies, and emergency communications officers, through a system of disclosure so that said public officials may be able to respond effectively to fire or other emergency involving hazardous materials.

(Ord. 3040, 1984)