Morgan Hill Municipal Code Art. V Containment Standards

A. No person, firm or corporation shall store any hazardous materials regulated by this chapter until a permit or approval has been issued pursuant to this chapter. No permit or approval shall be granted pursuant to this chapter unless a permit applicant demonstrates to the satisfaction of city, 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 city. The city 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 subsection D of Section 8.40.520 of this article; or to impose reasonable additional or different requirements in order to better secure the purpose and general obligation of this chapter for protection of public health, safety and welfare. The guidelines approved pursuant to Section 8.40.080 of this chapter shall serve as a interpretation of the provisions of this article addressed in such guidelines.

(Ord. 655 N.S. (part), 1983: Ord. 636 N.S. (part), 1983)

No person, firm or corporation shall construct or install any new storage facility until a permit or approval has been issued pursuant to this chapter.

(Ord. 636 N.S. (part), 1983)

A. All new 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 city. Where secondary containment may be subject to the intrusion of water, a means of monitoring for such water shall be provided. A method for safely removing water shall also be provided.

B. Whenever monitoring devices are provided, they shall be connected to visual and audible alarms designed to attract attention to their signal.

C. Whenever groundwater or vadose zone monitoring wells are installed, it shall be the responsibility of the permittee/storage facility owner/operator/property owner of the storage facility to ensure the wells are maintained while in use and to have their contents sampled and analyzed in a manner and frequency to the satisfaction of the city. Upon cessation of use of or sampling, such wells shall be closed or removed in a manner approved by the city in accordance with the provisions of Section 8.40.230.

(Ord. 1082 N.S. § 8, 1992; Ord. 849 § 5, 1987: Ord. 655 N.S. (part), 1983; Ord. 636 N.S. (part), 1983)

* It is anticipated that a follow-up task force will develop construction and monitoring standards for gases.

A. Containment requirements, primary and secondary levels of containment shall be required for all new storage facilities intended for the storage of hazardous materials which are liquids or solids at standard temperature and pressure (STP) unless exempted by the city.*

B. All primary containment shall be product-tight.

C. Secondary Containment.

1. 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;

2. In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least one hundred ten percent of the volume of the primary container;

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

4. When, in the opinion of the fire chief it is acceptable for a storage facility to be 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.

D. 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.

E. 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.

F. Excess Water Removal for Underground Storage Tanks. If the underground storage tank is designed to maintain a water level in the secondary containment, the tank shall be equipped with a safe method of removing any excess water to a holding facility and the owner or operator shall inspect the holding facility monthly for the presence of excess water overflow. If excess water is present in the holding facility, the permit holder shall provide a means to analyze the water for hazardous substance contamination and a means to dispose of the water, if so contaminated, at an authorized disposal facility.

(Ord. 1005 N.S. § 3, 1990; Ord. 947 N.S. § 4, 1989: Ord. 708 N.S. §§ 2, 4, 1984; Ord. 655 N.S. (part), 1983: Ord. 636 N.S. (part), 1983)

* It is anticipated that a follow-up task force will develop construction and monitoring standards for gases.

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.

(Ord. 636 N.S. (part), 1983)

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.

(Ord. 655 N.S. (part), 1983: Ord. 636 N.S. (part), 1983)

A. Drainage of 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 city so as to prevent hazardous materials from being discharged. No drainage system will be approved unless the flow of the drain can be controlled.

B. With regard to underground storage facilities, if water could enter into the secondary containment by precipitation or infiltration, the underground storage 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. Water removed by such removal system shall be analyzed for hazardous substance contamination, and disposed of, if so contaminated, at an authorized disposal facility.

(Ord. 708 N.S. § 3, 1984: Ord. 655 N.S. (part), 1983: Ord. 636 N.S. (part), 1983)

Any storage facility in existence as of the effective date of the ordinance codified in this chapter, or any storage facility for which a building permit was issued prior to the effective date of the ordinance codified in this chapter, which does not meet the standards of Sections 8.40.500 through 8.40.550 of this article, may be permitted pursuant to this chapter as long as it is providing suitable storage for hazardous materials. 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 city as set forth in herein.*

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

B. 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 city.

C. Alternative method(s) of monitoring may include but are not limited to chemical trace testing, pressure testing, vacuum testing or hydrostatic testing of piping systems, or underground storage tanks, groundwater monitoring well(s) which are downgradient and adjacent to the storage facility; vapor analysis within the well(s) where appropriate; and analysis of soil boring(s) at the time of initial installation of the well(s). The location of well(s), number of well(s), depth of well(s) and sampling frequency shall be approved by the city. The installation of all monitoring equipment, their methodology and frequency of use are subject to approval by the city.

D. Such monitoring devices and methods, as approved by the city, shall be installed and operating within six months of the issuance of a provisional permit in accordance with Sections 8.40.190 and Section 8.40.130(A) of this chapter. The city may grant an extension of this compliance date; however, such extension shall not exceed one additional year. The full-term permit may be issued when compliance with this subsection has been achieved. In all events, a monitoring system capable of detecting unauthorized releases shall be installed by January 1, 1985.

E. The continued use of, and permit approval for, existing storage facilities is subject to review and modification or termination by the city whenever there has been any unauthorized discharge. It shall also be reviewed by the city each time the permit is renewed. In determining whether continued storage in such storage facility is suitable, the city 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 chapter. The owner shall install a monitoring system capable of detecting unauthorized releases.

F. Existing storage facilities which are not approved in accordance with this section must be upgraded to comply with this chapter or be closed in accordance with Section 8.40.570 of this article within one year of a decision not to issue a full-term permit. An extension of time for compliance with this subsection, not to exceed one additional year, may be granted by the city.

(Ord. 1082 N.S. § 9, 1992; Ord. 655 N.S. (part), 1983; Ord. 636 N.S. (part), 1983)

* It is anticipated that a follow-up task force will develop construction and monitoring standards for gases.

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 chapter must be closed or removed in a manner approved by the city in accordance with Section 8.40.230 of this chapter.

(Ord. 947 N.S. § 5, 1989: Ord. 636 N.S. (part), 1983)

A. Monitoring methods shall include at least one 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 city. Where secondary containment may be subject to the intrusion of water, a means of monitoring for such water shall be provided.

B. Whenever monitoring devices are provided they shall be connected to visual and audible alarms designed to attract attention to their signal.

C. Every permittee under this chapter 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.

D. Whenever groundwater or vadose monitoring wells are installed, it shall be the responsibility of the permittee/storage facility owner/operator/property owner of the storage facility to ensure the wells are maintained while in use and to have their contents sampled and analyzed in a manner and frequency to the satisfaction of the city. Upon cessation of use or sampling, such wells shall be closed or removed in a manner approved by the city in accordance with the provisions of Section 8.40.230.

(Ord. 1082 N.S. § 10, 1992; Ord. 1005 N.S. § 4, 1990; Ord. 849 N.S. § 6, 1987; Ord. 636 N.S. (part), 1983)

A. The 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 modification or repair of a storage facility other than minor repairs or emergency repairs shall be in accordance with plans to be submitted to the city and approved in accordance with Section 8.40.230 of this chapter, prior to the initiation of such work.

C. The permittee may make emergency repairs to a storage facility in advance of seeking an 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 working days after such emergency repairs have been started, the permittee shall seek approval pursuant to Section 8.40.230 of this chapter, by submitting drawings or other information adequate to describe the repairs to the city.

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 Sections 8.40.500 through 8.40.550 of this article.

(Ord. 636 N.S. (part), 1983)

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.

(Ord. 636 N.S. (part), 1983)

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.

(Ord. 636 N.S. (part), 1983)

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.

(Ord. 636 N.S. (part), 1983)

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

(Ord. 636 N.S. (part), 1983)