Chapter 17.10 — UNDERGROUND STORAGE TANK REQUIREMENTS

Any person who owns or operates an underground storage tank shall comply with the provisions of this chapter in addition to other provisions of this title.

(Ord. 4002 § l (part), 1990)

In addition to the definitions set forth in Section17.04.040, for purposes of this chapter, the following definitions shall apply:

(a) "Automatic line leak detector" means any method of leak detection, as determined in regulations adopted by the board, which alerts the owner or operator of an underground storage tank to the presence of a leak. "Automatic line leak detector" includes, but is not limited to, any device or mechanism which alerts the owner or operator of an underground storage tank to the presence of a leak by restricting or shutting off the flow of hazardous substance through piping, or by triggering an audible or visual alarm, and which detects leaks of three gallons or more per hour at 10 pounds per square inch line pressure within one hour.

(b) "Board" means the State Water Resources Control Board. "Regional board" means a California regional water quality control board.

(c) "Department" means the State Department of Health Services.

(d) "Facility" means any one, or combination of, underground storage tanks used by a single business entity at a single location or site.

(e) "Federal act" means Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, as added by the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), or as it may subsequently be amended or supplemented.

(f) "Hazardous substance" means both of the following:

(1) All of the following liquid and solid substances, unless the department, in consultation with the board, determines that the substance could not adversely affect the quality of the waters of the state:

(A) Substances on the list prepared by the Director of Industrial Relations pursuant to Section 6382 of the California Labor Code.

(B) Hazardous substances, as defined in Section 25316 of the California Health and Safety Code.

(C) Any substance or material which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a Class II combustible liquid, or a Class III-A combustible liquid.

(2) Any regulated substance, as defined in subsection (2) of Section 6991 of Title 42 of the United State Code, as that section read on January 1, 1989, or as it may subsequently be amended or supplemented.

(g) "Operator" means any person in control of, or having daily responsibility for, the daily operation of an underground storage tank system.

(h) "Owner" means the owner of an underground storage tank.

(i) "Pipe" shall have the meaning set forth in subsection17.04.040(k). In addition, for purposes of this chapter, "pipe" means all parts of any pipeline or system of pipelines, used in connection with the storage of hazardous substances, including, but not limited to, valves and other appurtenances connected to the pipe, pumping units, fabricated assemblies associated with pumping units, and metering and delivery stations and fabricated assemblies therein, but does not include any of the following:

(1) An interstate pipeline subject to 49 Code of Federal Regulations, part 195.

(2) An interstate pipeline subject to Chapter 5.5 (commencing with Section 51010) of part 1 of Division 1 of Title 5 of the California Government Code.

(3) Unburied delivery hoses, vapor recovery hoses, and nozzles which are subject to unobstructed visual inspection for leakage.

(4) Vent lines, vapor recovery lines, and fill pipes which are designed to prevent, and do not hold, standing fluid in the pipes or lines.

(j) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an underground storage tank into or on the waters of the state, the land, or the subsurface soils.

(k) "Special inspector" means a professional engineer, registered pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, who is qualified to attest, at a minimum, to structural soundness, seismic safety, the compatibility of construction materials with contents, cathodic protection, and the mechanical compatibility of the structural elements of underground storage tanks.

(l) "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 pursuant to Section 25200 of the California Health and Safety Code or granted interim status under Section 25200.5 of the California Health and Safety Code.

(m) "Tank" means a stationary device designed to contain an accumulation of hazardous substances which is constructed primarily of nonearthen materials (e.g. wood, concrete, steel, plastic) which provides structural support.

(n) "Tank integrity test" means a test method capable of detecting an unauthorized release from an underground storage tank consistent with the minimum standards adopted by the board, and with any guidelines adopted by the city.

(o) "Tank tester" means an individual who performs tank integrity tests on underground storage tanks.

(p) "Unauthorized release" means any release of any hazardous substance which does not conform to this chapter, unless the release is authorized by the board or a regional board pursuant to Division 7 (commencing with Section 13000) of the California Water Code.

(q) "Underground storage tank" means any one or 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 structures such as storm drains, catch basins, oil field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separation sumps, lined and unlined pits, sumps and lagoons. Sumps which are a part of a monitoring system required under Sections 17.10.110 or 17.10.120 and sumps or other structures defined as underground storage tanks under the federal act are not exempted by this section. Structures identified in this paragraph may be regulated by the board and any regional board pursuant to the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the California Water Code) to ensure that they do not pose a threat to water quality.

(1) In addition to the exclusions specified in this subsection (q), "underground storage tank" does not include vent lines, vapor recovery lines, and fill pipes which are designed to prevent, and do not hold, standing fluid in the pipes or lines.

(r) "Underground tank system" or "tank system" means an underground storage tank, connected piping, ancillary equipment, and containment system, if any.

(Ord. 4002 § 1 (part), 1990)

The city and the owners or operators of underground storage tanks shall use the comprehensive master list or, when adopted, the revised list adopted by the California Department of Health Services pursuant to California Health and Safety Code Section 25282, to determine which underground storage tanks require permits pursuant to this chapter. Hazardous substances included on the list may be denominated by scientific, common, trade, or brand names.

(Ord. 4002 § 1 (part), 1990)

(a) Except as provided in subdivision (c), no person shall own or operate an underground storage tank unless a permit for its operation has been issued by the city to the owner.

(b) Any person who is to assume the ownership of an underground storage tank from a previous owner and which new owner is to be transferred the permit to operate the tank from the prior owners shall complete a form prepared by the city accepting the obligations of the permit. Such completed form shall be submitted to the city within thirty days after the ownership of the underground storage tank is transferred. Upon receiving the completed form, the city may review and modify the permit, or deny approval or the transfer of the permit to operate the underground storage tank, pursuant to the criteria specified in subsection 25245(a) of the California Health and Safety Code and in Section 17.10.050.

(c) Any person assuming ownership of an underground storage tank used for the storage of hazardous substances for which a valid operating permit has been issued shall have thirty days after the date of assumption of ownership to apply for an operating permit pursuant to Section

specified in subdivision (b). During the period from the date of application until the permit is issued or refused, the person shall not be held to be in violation of this section.

(d) A permit issued pursuant to this section shall apply and require compliance with all applicable regulations adopted by the board pursuant to Section 25299.3 of the California Health and Safety Code.

(e) When, in its judgment, it is appropriate to do so, the city may issue a single permit to a person for a facility.

(Ord. 4002 § 1 (part), 1990)

A permit to operate issued by the city pursuant to Section17.10.040 shall be effective for one year. The city shall not issue or renew a permit to operate an underground storage tank if the city inspects the tank and determines that the tank does not comply with this chapter. The city shall not issue or renew a permit to operate an underground storage tank to any person who has not paid the fee and surcharge required by Section 17.10.070; provided, that the established permit fee shall be due and payable each year for all facilities for which permits are required, whether or not application has been made for such permit.

(Ord. 4002 § 1 (part), 1990)

(a) An application for a permit to operate an underground storage tank, or for renewal of the permit, shall be made, by the owner, on a standardized form prepared by the board and provided by the city and shall be accompanied by the appropriate fee, as specified in Section

As a condition of any permit to operate an underground storage tank, the permittee shall notify the city at least forty-five days in advance

of any changes in the usage of the underground storage tank, including the storage of new hazardous substances, or changes in monitoring procedures.

(b) The application form shall include, but not be limited to, requests for the following information:

(1) A description of the age, size, type, location, uses, and construction of the underground storage tank or tanks.

(2) A list of all the hazardous substances which are or will be stored in the underground storage tank or tanks, specifying the hazardous substances for each underground storage tank.

(3) A description of the monitoring program for the underground tank system.

(4) The name and address of the person, firm, or corporation which owns the underground tank system and, if different, the name and address of the person who operates the underground tank system.

(5) The address of the facility at which the underground tank system is located.

(6) The name of the person making the application.

(7) The name and twenty-four-hour phone number of the contact person in the event of an emergency involving the facility.

(8) If the owner or operator of the underground storage tank is a public agency, the application shall include the name of the supervisor of the division, section, or office which operates the tank.

(c) Applications for permits for operation of an underground storage tank shall be in accordance with other applicable provisions of this title including, but not limited to, Chapters 17.16 and 17.32.

(d) If a permittee stores in an underground storage tank or tanks a new or different hazardous substance which is not listed in the application, as required by subsection (b)(2), the permittee shall apply for a new or amended permit within thirty days after commencing the storage of that new hazardous substance.

(Ord. 4002 § 1 (part), 1990)

(a) A fee shall be paid to the city by each person who submits an application for a permit to operate an underground storage tank or to renew or amend a permit. The fee payable hereunder shall be as established pursuant to Section 17.32.120 of this title.

(Ord. 4002 § 1 (part), 1990)

(a) The city shall inspect every underground tank system within its jurisdiction at least once every three years. The purpose of the inspection is to determine whether the tank system complies with the applicable requirements of this chapter and the regulations adopted by the board pursuant to Section 25299.3 of the California Health and Safety Code, including the design and construction standards of Sections 25291 or 25292, whichever is applicable; whether the operator has monitored and tested the tank system as required by the permit; and whether the tank system is in a safe operating condition. After an inspection, the city shall prepare a compliance report detailing the inspection and shall send a copy of the report to the permit holder or person responsible for the tank.

(b) In addition to, or instead of, the inspections specified in subdivision (a), the city may require the permit holder or responsible person to employ, periodically, special inspectors to conduct an audit or assessment of the permit holder's or responsible person's underground tank system

to determine whether the tank system complies with the factors specified in subsection (a) and to prepare a special inspection report with recommendations concerning the safe storage of hazardous materials at the tank system. The report shall contain recommendations consistent with this chapter, where appropriate. A copy of the report shall be filed with the city at the same time the inspector submits the report to the permit holder or responsible person. Within thirty days after receiving this report, the permit holder or responsible person shall file with the local agency a plan to implement all recommendations contained in the report or shall demonstrate, to the satisfaction of the city, why these recommendations should not be implemented.

(c) All tank integrity tests required by this chapter shall be performed only by, or under the direct and personal supervision of, a tank tester with a currently valid tank testing license issued pursuant to California Health and Safety Code Section 25284.4.

(Ord. 4002 § 1 (part), 1990)

(a) In order to carry out the purposes of this chapter, any duly authorized representative of the city, the regional board, or the board has the authority specified in California Health and Safety Code Section 25185, with respect to any place where underground tank systems are located, or in which records relevant to operation of an underground tank system are kept, and as specified in California Health and Safety Code Section 25185.5, with respect to real property which is within two thousand feet of any place where underground tank systems are located. The authority conferred by this subdivision includes the authority to conduct any monitoring or testing of an underground tank system.

(b) In order to carry out the purposes of this chapter, any authorized representative of the city, the regional board, or the board may require the owner or operator of an underground storage tank to, upon request, submit any information relevant to the compliance with this chapter or the regulations, to conduct monitoring or testing, and to report the results of that monitoring or testing under penalty of perjury. The burden of the monitoring, testing, and reporting, including costs, shall bear a reasonable relationship to the need for the monitoring, testing, and reporting.

(Ord. 4002 § 1 (part), 1990)

Whenever a person has made a claim pursuant to Chapter 17.23 that information required by this chapter is a trade secret, the person shall, notwithstanding the use of any alternative to the listing of a substance which is a trade secret, provide the identification of the material directly to the board.

(Ord. 4002 § 1 (part), 1990)

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

(a) The underground storage tank shall be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in it in accordance with the following performance standards:

(1) Primary containment shall be product-tight.

(2) 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 the hazardous substances for the maximum anticipated period of time necessary for the recovery of any released hazardous substance.

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

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

(5) If the facility is open to rainfall, then the secondary containment shall be able to additionally accommodate the maximum volume of a twenty- four-hour rainfall as determined by a twenty-five-year storm history.

(6) Single-walled containers do not fulfill the requirement of an underground storage tank providing both a primary and a secondary containment. However, an underground storage tank with a primary container constructed with a double complete shell shall be deemed to have met the requirements for primary and secondary containment set forth in this section if the outer shell is constructed primarily of nonearthen materials, including, but not limited to, concrete, steel, and plastic, which provide structural support and a continuous leak detection system with alarm is located in the space between the shells; the system is capable of detecting the entry of hazardous substances from the inner container into the space; and the system is capable of detecting water intrusion into the space from the outer shell.

(7) The design and construction of underground storage tanks for motor vehicle fuel storage need not meet the requirements of paragraphs (1) to (6), inclusive, if all of the following conditions exist:

(A) The primary containment construction is of glass fiber reinforced plastic, cathodically protected shell, or steel clad with glass fiber reinforced plastic.

(B) Any alternative primary containment is installed in conjunction with a system that will intercept and direct a leak from any part of the underground storage tank to a monitoring well to detect any release of motor vehicle fuels stored in the tank.

(C) The system is designed to provide early leak detection and response, and to protect the groundwater from releases.

(D) The monitoring is in accordance with the alternative method identified in subsection17.10.120(b)(5).

(E) Pressurized piping systems connected to tanks used for the storage of motor vehicle fuels and monitored in accordance with subsection 17.10.120(b)(5) also meet the conditions of this subsection (a)(7) if the tank meets the conditions of subsections (1) to (6), inclusive. However, any pipe connected to an underground storage tank installed after July 7, 1983, shall be equipped with secondary containment which complies with subsections (1) to (6), inclusive.

(b) The underground tank system shall be designed and constructed with a monitoring system capable of detecting the entry of the hazardous substance stored in the primary containment into the secondary containment.

(c) The underground storage tank shall be provided with equipment to prevent spills and overflows from the primary tank.

(d) If different substances are stored in the same tank and in combination may cause a fire or explosion, or the production of flammable, toxic, or

poisonous gas, or the deterioration of a primary or secondary container, those substances shall be separated in both the primary and secondary containment so as to avoid potential intermixing.

(e) If water could enter into the secondary containment by precipitation or infiltration, the facility shall contain a means of monitoring for water intrusion and for removing the water by the owner or operator. This removal system shall also prevent uncontrolled removal of this water and provide for a means of analyzing the removal water for hazardous substance contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility.

(f) Underground pressurized piping that conveys a hazardous substance shall be equipped with an automatic line leak detector and shall be tightness tested annually.

(g) Before the 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 currently adopted edition of the Uniform Fire Code, shall be followed.

(h) Before the underground storage tank is placed in service, the underground tank system shall be tested in operating condition using a tank integrity test.

(i) 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. 4002 § 1 (part), 1990)

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

(a) The owner shall outfit the underground storage tank system with a monitoring system capable of detecting unauthorized releases of any hazardous substances stored in the tank system, and thereafter, the operator shall monitor each tank system, based on materials stored and the type of monitoring installed.

(b) Provide a means for visual inspection of the tank system, wherever practical, for the purpose of the monitoring required by subsection (a). Alternative methods of monitoring the tank system on a monthly, or more frequent basis, may be required by the city, consistent with the regulations of the board.

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

(1) Tank integrity testing for proving the integrity of an underground tank system at time intervals specified by the board, and by any guidelines adopted by the city.

(2) A groundwater monitoring well or wells which are downgradient and adjacent to the underground tank system, vapor analysis within a well where appropriate, and analysis of soil borings at the time of initial installation of the well.

(3) A continuous aspirating vapor detector, or equivalent.

(4) A continuous leak detection and alarm system which is located in monitoring wells adjacent to an underground tank system and which is approved by the city.

(5) For monitoring tanks containing motor vehicle fuels, daily electronic gauging and inventory reconciliation by the operator, if all of the following requirements are met:

(A) Inventory records are kept on file for one year and are reviewed quarterly.

(B) The tank system is tested, using the tank integrity test at time intervals specified by the board and wherever there is a shortage greater than the amount which the board shall specify by regulation.

(C) If a pressurized pump system is connected to the tank system, the system has a leak detection device to monitor for leaks in the piping. The leak detection device shall be installed in a manner designed to resist unauthorized tampering and to clearly show by visual inspection if tampering has occurred. The leak detection device shall be tested annually, at a minimum, and all devices found to be not performing in conformance with the manufacturer's leak detection specifications shall be promptly required or replaced.

(D) The fire chief may require monitoring of groundwater or soil around a tank if potential leakage is indicated.

(6) For monitoring underground tank systems which are located on farms and which store motor vehicle or heating fuels used primarily for agricultural purposes, alternative monitoring methods include the following:

(A) If the tank has a capacity of greater than one thousand one hundred gallons but of five thousand gallons or less, the tank shall be tested using the tank integrity test, at least once every three years, and the owner shall utilize tank gauging on a monthly or more frequent basis, as required by the city subject to the specifications provided in paragraph (7) of subdivision (c) of Section 2641 of Title 23 of the California Code of Regulations, as that section read on August 13, 1985.

(B) If the tank has a capacity of more than five thousand gallons, the tank shall be monitored pursuant to the methods for all other tanks specified in this subsection.

(c) The city, or any other public agency specified by the city, shall approve the location and number of wells, the depth of wells, and the sampling frequency, pursuant to the monitoring provisions of this section and of Chapter 17.12.

(d) On or before December 22, 1998, the underground storage tank shall be replaced or upgraded to prevent releases due to corrosion or spills for the underground storage tank's operating life; provided, that protection against overfills shall be ensured, by replacement or upgrading of the tank, on or before January 1, 1992.

(e) All existing underground pressurizing piping shall be equipped with an automatic line leak detector on or before December 22, 1990, and all pressurized piping and all motor fuel piping, including suction piping, shall be retrofitted with secondary containment on or before December 22, 1998; provided, that underground tank supply piping shall be retrofitted for spill protection on or before January 1, 1992. Underground pressurized piping shall be tightness tested annually. This subsection (e) does not apply to existing pressurized piping containing motor vehicle fuel, if the pipeline is constructed of glass fiber reinforced plastic, cathodically protected steel, or steel clad with glass fiber reinforced plastic, is equipped with an automatic line leak detector, and is tightness tested annually.

(Ord. 4066 § 1, 1992: Ord. 4002 § 1 (part), 1990)

All underground tank systems shall meet the following operational requirements:

(a) The underground tank systems shall be operated to prevent unauthorized releases, including spills and over fills during the operating life of the tank.

(b) Where equipped with cathodic protection, the underground tank system shall be operated by a person with sufficient training and experience in preventing corrosion.

(c) The underground tank system shall be structurally sound at the time of upgrade or repair.

(Ord. 4002 § 1 (part), 1990)

(a) All owners and operators of an underground tank system shall maintain evidence of financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by a release from the underground tank system, in accordance with regulations adopted by the board pursuant to Section 25299.3 of the California Health and Safety Code, or in accordance with Subchapter 89 of the Federal Act, whichever is deemed applicable by the United States Environmental Protection Agency.

(Ord. 4002 § 1 (part), 1990)

(a) The operator of the underground tank system shall monitor the tank system using the method specified on the permit for the tank system. Records of monitoring, testing, repairing, and closure shall be kept in sufficient detail to enable the city to determine whether the underground tank system is in compliance with the applicable provisions of this chapter, the regulations adopted by the board pursuant to Section 25299.3 of the California Health and Safety Code, and the permit issued for the operation of the tank system.

(b) If the operator is not the owner, the owner shall provide a copy of the permit to the operator, enter into a written contract with the operator which requires the operator to monitor the tank system as set forth in the permit, and to provide the operator with a copy of Section 25299 of the California Health and Safety Code, or a summary of this section, in the form which the board specifies by regulation. The owner shall notify the city of any change of operator.

(Ord. 4002 § 1 (part), 1990)

Any unauthorized release from the primary containment which the operator is able to clean up within eight hours after the release was detected or should reasonably have been detected, and which does not escape from the secondary containment, does not increase the hazard of fire or explosion, and does not cause any deterioration of the secondary containment of the underground storage tank, shall be recorded on the operator's monitoring reports, and reported to the city within twenty-four hours of the occurrence.

(a) (1) Any unauthorized release which escapes from the secondary containment, or from the primary containment, if no secondary containment exists, increases the hazard of fire or explosion, or causes any deterioration of the secondary containment of the underground tank system shall be reported by the operator to the city within twenty-four 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 tank system within five working days of the occurrence of the release. The report shall describe the nature and volume of the unauthorized release, any corrective or remedial actions undertaken, and any further corrective or remedial actions, including investigative actions, which will be needed to clean up the unauthorized release and abate the effects of the release and a time schedule for implementing these actions.

(2) The city shall review the permit whenever there has been an unauthorized release or a suspected unauthorized release, or when it determines that the underground tank system is unsafe. In determining whether to modify or terminate the permit, the city shall consider the age of the tank, the methods of containment, the methods of monitoring, inconclusive monitoring data, the concentration of the hazardous substances stored in the tank, the severity of potential unauthorized releases, and the suitability of any other long-term preventive measures which would meet the requirements of this chapter.

(b) The reporting requirements imposed by this section are in addition to any requirements which may be imposed by Sections 13271 and 13272 of the California Water Code.

(Ord. 4002 § 1 (part), 1990)

(a) No person shall abandon an underground tank system or close or temporarily cease operating an underground tank system, except as provided in this section.

(b) An underground tank system which is temporarily taken out of service, but which the operator intends to return to use, shall continue to be subject to all the permit, inspection, and monitoring requirements of this chapter and all applicable regulations adopted by the board pursuant to Section 25299.3, and the Uniform Fire Code, unless the operator complies with subsection (c) for the period of time the underground tank system is not in use.

(c) No person shall close an underground tank system unless the person undertakes all of the following actions:

(1) Demonstrates to the city that all residual amount of the hazardous substance or hazardous substances which were stored in the tank system prior to its closure have been removed, properly disposed of, and neutralized.

(2) Removes the tank from the ground to the satisfaction of the fire chief, in accordance with Section 7902.1.7.4 of the Uniform Fire Code, as may from time to time be amended. If the fire chief determines that removal is not necessary, the person closing the tank shall adequately seal the tank system to minimize any threat to the public safety and the possibility of water intrusion into, or runoff from, the tank system.

(3) Provides for, and carries out, the maintenance of the tank system not removed, as the city determines is necessary for the period of time the city requires.

(4) Demonstrates to the city and any other appropriate agency, which has jurisdiction over the site, that the site has been investigated to determine if there are any present, or were past, releases, and if so, that appropriate corrective or remedial actions have been taken.

(Ord. 4642 § 30, 2000: Ord. 4002 § 1 (part), 1990)