Chapter 17.12 — CONTAINMENT STANDARDS

No person shall store any hazardous materials regulated by this title until a permit or approval has been issued pursuant to this title. No permit or approval shall be granted to any person pursuant to this title unless a permit applicant demonstrates to the satisfaction of the 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.

All installation, construction, repair or modification, closure, and removal shall be to the satisfaction of city. The fire chief shall have the discretion to exempt an applicant from any specific requirement relating to above ground storage of hazardous materials, or to impose reasonable additional or different requirements in order to better secure the purpose and general obligation of this title for protection of public health, safety, and welfare. The guidelines approved pursuant to Section 17.52.020 shall serve as an interpretation of the provisions of this title to the extent such provisions are addressed in those guidelines. Any variance with respect to underground tanks must be approved by the State Water Resources Control Board.

(Ord. 4002 § 1 (part), 1990: Ord. 3496 § 3, 1983: Ord. 3435 § 1 (part), 1983)

(a) No person shall construct or install any new storage facility until a permit or approval has been issued pursuant to this title.

(b) Monitoring Capability. 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 fire chief. Where secondary containment may be subject to the intrusion of water, a means of monitoring for such water shall be provided.

Whenever monitoring devices are provided, they shall, where applicable, be connected to attention-getting visual and/or audible alarms.

(c) 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 specifically herein exempted by the fire chief.

(1) All primary containment shall be product-tight.

(2) Secondary Containment:

(A) 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.

(B) 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. In addition, the secondary containment shall contain no outlet that would allow drainage to either the sanitary sewer system or the storm sewer system, as those terms are defined in Chapter 16.09 of the Palo Alto Municipal Code.

(C) In the case of a storage facility with multiple primary containers, the secondary containment 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.

(D) If the storage facility is open to rainfall, then the secondary containment must be able to additionally accommodate the volume of a twenty- four-hour rainfall as determined by a one-hundred-year storm history. Rainwater shall be removed from the containment area. Removal shall be done by means of approved systems that cannot be left open when unattended.

(E) Secondary containment shall remain free of product from normal use and shall assist in monitoring efforts. Interior containment shall remain free of product and water unless water is a part of the monitoring system. Exterior containment shall remain free of product and water except for rainfall within twenty-four hours or water which aids in approved monitoring program.

(3) 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.

(Ord. 4066 § 2, 1992: Ord. 4002 § 1 (part), 1990: Ord. 3496 §§ 4, 9, 1983: Ord. 3435 § 1 (part), 1983)

Any storage facility in existence as of July 7, 1983, or any storage facility for which a building permit was issued prior to July 7, 1983, which does not meet the standards of Section 17.12.020 may be permitted pursuant to this title as long as it is providing suitable storage for hazardous materials as determined by the fire chief. Underground storage tanks installed prior to January 1, 1984, must also meet the provisions of Section 17.10.120. Suitable storage for hazardous materials and liquids in storage facilities located aboveground shall include secondary containment which meets the requirements provided in Section 17.12.020(c). 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 fire chief as set forth herein:

(a) A monitoring plan for each such storage facility containing hazardous materials which are liquids or solids at STP, shall be submitted to 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 semiannual or more frequent basis may be approved by city. Monitoring for underground storage tanks shall also be in accordance with Chapter 17.10.

(c) The fire chief may require that an independent expert third party submit all testing data and certify that the monitoring system is operable and meets the monitoring plan.

(d) Such monitoring devices and methods as approved by city shall be installed and operating within six months of the issuance of a provisional permit in accordance with Section 17.32.050 and Section 17.56.010(b)(1). The fire chief 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.

(e) The continued use of, and permit approval for, existing storage facilities is subject to review and modification or termination by city whenever there has been any unauthorized discharge or when the monitoring plan has not been followed or implemented. The storage facility shall also be reviewed by the fire chief each time the permit is renewed. In determining whether continued storage in such storage facility is suitable, the fire chief shall consider the age of the storage facility, the methods of containment, the methods of monitoring, the effectiveness 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 title.

(f) Existing storage facilities which are not approved in accordance with this section must be upgraded to comply with this title or be closed in accordance with Section 17.12.040 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 fire chief.

(Ord. 4002 § 1 (part), 1990: Ord. 3496 §§ 7, 8, 1993: Ord. 3435 § 1 (part), 1983)

(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 title must be closed or removed in a manner approved by the fire chief in accordance with Section 17.32.080.

(d) Any person having an interest, including a leasehold interest, in real property and having reason to believe that an abandoned storage facility is located upon such property shall make a reasonable effort to discover such storage facility on or before September 5, 1983.

(e) Whenever an abandoned storage facility is discovered a plan for the closing or removing or the upgrading and permitting of such storage facility shall be filed within ninety days of its discovery. A closure plan shall conform to the standards for closure specified in Section 17.32.080.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

(a) Monitoring Methods. 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 fire chief. Where secondary containment may be subject to the intrusion of water, a means of monitoring for such water shall be provided.

Whenever monitoring devices are provided, they shall, where applicable, be connected to attention-getting visual and/or audible alarms.

(b) Monitoring, Testing and Inspection. Every responsible person under this title 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. Whenever visual monitoring, manual methods of monitoring, or monitoring records are not maintained, the fire chief may require continuous monitoring devices, a monitoring program certified by an expert independent third party, or an approved equivalent monitoring system.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § l (part), 1983)

(a) Every responsible person under this title shall 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 fire chief and approved in accordance with Section 17.32.080 prior to the initiation of such work.

(c) Responsible persons 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 responsible persons shall seek an additional approval pursuant to Section 17.32.010 by submitting drawings or other information adequate to describe the repairs to the fire chief.

(d) Replacement of any storage facility for hazardous materials which are liquids or solids at STP, must be in accordance with the new storage facilities standards of Section 17.12.020.

(e) An underground tank from which there has been an unauthorized discharge may not be repaired, and must be removed or replaced in accordance with the provisions of Section 17.10.170.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (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 substantially increase the risk of an unauthorized discharge.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

Access to the storage facilities shall be secured by means of fences and/or locks. The storage facilities shall be kept securely locked when unattended.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (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. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

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

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)