San Bernardino County Municipal Code Art. 2 Underground Storage Tanks CUPA Program Element

Health and Safety Code § 25404(c)(3) is enforced by the CUPA. In addition, the following definitions and requirements of this Article shall apply to such enforcement and to enforcement of the provisions of this Article.

(Ord. 3846, passed - -2002)

CONSTRUCTION OF AN UNDERGROUND TANK SYSTEM. To build or manufacture an underground tank system or any part thereof, that does not qualify as a repair or modification of an underground tank system.

INSTALLATION OF AN UNDERGROUND TANK SYSTEM. Occurs when an underground tank is placed in the ground or when an underground tank system is replaced by another underground tank system.

MODIFICATION OF AN UNDERGROUND TANK SYSTEM. Occurs when changes or upgrades are made that alter the tanks, piping, dispensers, sumps, manways or monitoring of an underground tank system through structural additions or deletions.

PERMANENT CLOSURE BY REMOVAL OF AN UNDERGROUND TANK SYSTEM. Occurs when an underground tank system has ceased the storage of hazardous substances and the underground tank system will not be used, or is not intended to be used, for storage of hazardous substances, and will be removed.

PERMANENT CLOSURE IN PLACE OF AN UNDERGROUND TANK SYSTEM. Occurs when an underground tank system has ceased the storage of hazardous substances and the underground tank system will not be used, or is not intended to be used, for storage of hazardous substances, and will not be removed.

RELEASE. Any spilling, overfilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment.

RESPONSIBLE PARTY. One or more of the following:

(1) Any person who owns or operates an underground storage tank used for the storage of any hazardous waste or material;

(2) Any person who owned or operated the underground storage tank immediately before the discontinuation of its use, in the case of any underground storage tank no longer in use;

(3) Any owner of property where a release of a hazardous waste or material from an underground storage tank has occurred; and

(4) Any person who has or had control over an underground storage tank at the time of or following a release of a hazardous waste or material.

SPECIAL INSPECTORS. Each and all of the following:

(1) A professional engineer registered pursuant to Business and Professions Code §§ 6700 et seq., who is qualified to attest to structural soundness, seismic safety, the compatibility of construction materials with contents, cathodic protections and the mechanical compatibility of the structural elements regarding underground storage tanks.

(2) A professional engineer registered pursuant to Business and Professions Code §§ 6700 et seq., who is certified as a cathodic engineer or a corrosion specialist for linings and cathodic protection by the National Association of Cathodic Engineers (N.A.C.E.).

(3) A certified industrial hygienist registered pursuant to Business and Professions Code §§ 20700 et seq., to assure compliance with health and safety issues, appropriate testing and compliance with industry standards.

(4) A person with valid certification issued by the State of California pursuant to Health and Safety § 20701 as appropriate for the types of inspections and oversight directed by the Division, for upgrading underground storage tanks.

SUBSTANTIALLY BENEATH THE SURFACE OF THE GROUND. That at least ten percent of the total capacity of the underground tank system is below grade, dug into the earth, or placed in a vault or basement below the general ground surface.

TANK. A stationary device designed to contain an accumulation of hazardous substances for any period of time, that is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) that provide structural support.

(1) ABOVEGROUND STORAGE TANK is defined in § 23.0751(a) of this Code.

(2) UNDERGROUND STORAGE TANK (UST) means any one or combination of tanks, including pipes connected thereto, that is used for the storage of hazardous substances and that is totally or substantially beneath the surface of the ground.

TEMPORARY CLOSURE OF AN UNDERGROUND TANK SYSTEM. An underground tank system in which the storage of hazardous substances has ceased but the underground tank system is intended to be used for the storage of hazardous substances within the next 12 months.

UNDERGROUND TANK SYSTEM. An underground storage tank, connected piping, ancillary equipment, and containment system, if any.

UPGRADE. The addition or retrofit of any part of the underground tank system such as cathodic protection, internal lining, secondary containment, spill containment, overfill protection or any other activity designed to achieve compliance with State or Federal regulations for containment or monitoring of underground storage tanks.

(Ord. 3846, passed - -2002)

(a) Within the County of San Bernardino, no person or entity shall construct, install, own, operate, test, monitor, certify, inspect, modify, repair, replace, remove, upgrade or abandon an underground storage tank of any kind or store hazardous materials/waste underground except with an unexpired, unsuspended, unrevoked CUPA permit issued pursuant to § 23.0602 of this Code, and plan review and construction permits issued pursuant to § 23.0603 of this Code.

(b) Pursuant to Health and Safety Code § 101490, corrective action oversight services provided by the Division that are not reimbursed through contract with the State Water Resources Control Board shall be reimbursed directly to the Division by the responsible parties at a rate specified in Chapter 2 of Division 6 of Title 1 of the San Bernardino County Code.

(Ord. 3846, passed - -2002)

The San Bernardino County Fire Department Installation and Modification Requirements for New and Existing Underground Storage Tanks are to be met by the permittee and are enforced by the CUPA.

(Ord. 3846, passed - -2002)

(a) Application for a CUPA permit UST program element shall be made on the standardized form provided by the Division. In addition to the requirements of § 23.0602 of this Code, all of the requirements of Code of Regulations Chapter 16 of Division 3 of Title 23 shall be met. In addition to the requirements of § 23.0602(c) of this Code, the following information is required:

(1) A description of the construction of the underground storage tank;

(2) A list of all the hazardous materials or hazardous waste that are or will be stored in the underground storage tanks, specifying the hazardous materials or hazardous waste for each underground storage tank;

(3) A description of the monitoring program for the underground storage tank;

(4) The name and address of the person, firm, corporation or legal entity which owns the underground storage tank and if different, the name, Dunn & Bradstreet Number, Federal Identification Number, Driver’s License Number, Social Security Number, Board of Equalization Number and address of the person who operates the underground storage tank;

(5) The address of the facility at which the underground storage tanks are located;

(6) 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 that operates the underground storage tank.

(b) As a condition of any CUPA UST permit, the permittee shall complete an annual report form, which details any changes in the usage of any underground storage tank, including the storage of hazardous materials or hazardous waste, changes in monitoring procedure or a release occurrence.

(c) If a permittee stores a hazardous material or hazardous waste in a underground storage tank which is not listed in the application, the permittee shall apply for a new or amended permit within 30 days after commencing the storage of the hazardous material/waste.

(Ord. 3846, passed - -2002)

Health and Safety Code §§ 25280 et seq. is enforced by the CUPA. In addition to the requirements of Health and Safety Code Chapter 6.7 and § 23.0609 of this Code, the following is required:

The inspection shall determine:

(a) Whether the UST complies with the design and construction standards of Health and Safety Code §§ 25280 et seq. (Underground Storage of Hazardous Substances), Code of Regulations §§ 2610 et seq. (Underground Tank Regulations), and §§ 23.0723 and 23.0727 of this Code; and

(b) Whether the operator has monitored and tested the UST as required by the CUPA permit.

(Ord. 3846, passed - -2002)

The Division shall review the permit whenever there has been a release, or when a change in materials stored or the method of monitoring takes place. When it determines that the underground storage tank is not complying with CUPA permit requirements, the Division may modify or terminate the permit. In determining whether to modify or terminate the permit, the Division shall consider:

(a) The age of the underground storage tank;

(b) The methods of containment;

(c) The methods of monitoring;

(d) The feasibility of and required repairs;

(e) The concentration of the hazardous material or hazardous waste stored in the underground storage tank;

(f) The severity of potential releases;

(g) The suitability of any other long-term preventive measures that would meet the requirements of this Article;

(h) Whether all permit requirements have been met; and

(i) Whether monitoring and reporting have been properly carried out.

(Ord. 3846, passed - -2002)

(a) In addition to § 23.0602 of this Code, pursuant to Health and Safety Code § 25299.2, and Code of Regulations Chapter 16 of Division 3 of Title 23, and the State Water Resources Control Board Local Guidance (LG) Letters, as now or hereinafter amended, the following information is required when submitting an application for a CUPA permit to repair or upgrade an existing underground storage tank:

(1) An application to construct, properly completed and signed;

(2) Name and business address of contractor(s) to perform any and all tank work;

(3) Copy of contracts to perform underground storage tank work, proof of valid contractor’s license, proof of workers’ compensation insurance, and proof of a Hazardous Substance Certificate issued by the State of California Consumer Affairs Board;

(4) Detailed work plan on all aspects of the project including any required blueprints, site safety plans and copies of any other required permits;

(5) Documents which demonstrate to the satisfaction of the Division that the underground storage system is structurally sound and that the method of repair or upgrade will prevent releases due to structural failure or corrosion during the operating life of the underground storage tank system.

(b) In addition, the following is required:

(1) Prior to upgrading, the owner and/or operator shall submit documents that demonstrate to the satisfaction of the Division that the underground storage tank system has not caused a release. Before soil samples are taken, the Division shall be notified a minimum of five days in advance so that a representative of the Division may be present. A special inspection permit may be required.

(2) Prior to upgrade, a preliminary assessment shall be submitted. The Division shall review this report and require a site assessment to be completed. Once the site assessment reports have been received the Division shall grant or deny the upgrade within 45 days of receipt of the report.

(3) No person shall undertake any repair or upgrade, lining installation, or entry into an underground storage tank for any purpose without employing a Special Inspector. The Special Inspector shall have pre-approved all work plans and site safety plans and shall, at the discretion of the Division, be on site through all phases of the repair or upgrade project.

(Ord. 3846, passed - -2002)

The San Bernardino County Fire Department Tank Entry Guidelines for Maintenance, Repair, Lining and Bladder Installations are to be met by the permittee and are enforced by the CUPA.

(Ord. 3846, passed - -2002)

No person shall abandon, close or remove an underground storage tank, temporarily cease operating an underground storage tank or gather soil and/or water samples for the determination of contamination, except with a CUPA permit.

(Ord. 3846, passed - -2002)

§ 23.07210 Temporary Closure.

(a) An underground storage tank that is temporarily taken out of service, but that the operator intends to return to use, shall continue to be subject to all the CUPA permit, inspection and monitoring requirements.

(b) No person shall temporarily close an underground storage tank unless the person undertakes all of the following actions to comply with CUPA permit requirements:

(1) Demonstrates that all residual amounts of the hazardous substances that were stored in the underground storage tank prior to its closure have been removed, properly disposed of and neutralized;

(2) Adequately seals the underground storage tank to minimize any threat to public health and safety and the possibility of water intrusion into or runoff from the underground storage tank;

(3) Provides for and carries out the maintenance of the underground storage tank for the period of time determined necessary by the Division;

(4) Demonstrates through monitoring and testing records that there has been no soil contamination resulting from a discharge in the area surrounding the underground storage tank or facility.

(c) No person shall re-open a temporarily closed tank or tank facility until all requirements of Code of Regulations § 2671(d) and applicable Sections of this Code have been met.

(Ord. 3846, passed - -2002)

§ 23.07211 Permanent Closure by Removal.

(a) No person shall remove underground storage tanks or gather soils or groundwater samples to be used for closure or contamination determination without a qualified and authorized representative of the Division present.

(b) Owners or operators of underground storage tanks subject to permanent closure by removal shall comply with applicable provisions of Code of Regulations § 2672(b) and with the following requirements:

(1) When an underground storage tank or any part thereof is disposed of, the owner or operator shall document to the Division that proper disposal has been completed. This documentation shall be submitted to the Division within 30 days of the disposal.

(2) An owner or operator of an underground storage tank or any part thereof that is destined for a specific reuse shall provide the following information in writing to the Division within 30 days after removal and before the reuse of such tank or any part thereof:

(A) The names of the new owner and new operator of the underground storage tank;

(B) The location of intended use;

(C) The nature of intended use; and

(D) Proof there are no hazardous materials remaining in the tank.

(Ord. 3846, passed - -2002)

§ 23.07212 Permanent Closure in Place.

(a) No person shall close an underground storage tank in place unless it can be demonstrated to the satisfaction of this Division that to remove the underground storage tank would cause excessive structural damage to a structure or structures that are currently inhabitable, or would cause unreasonable risk to life, health, or property.

(1) A Registered Professional Engineer shall certify that the underground storage tank meets the above minimum requirements.

(b) Owners or operators of underground storage tanks subject to permanent closure in place shall comply with all applicable provisions of Code of Regulations §§ 2672 et seq., and with the following requirements:

(1) All liquids, solids or sludges shall be removed and handled as hazardous waste or recyclable materials in accordance with Health and Safety Code §§ 25100 et seq. and §§ 25280 et seq.

(2) If the underground storage tank contained a hazardous material or hazardous waste that could produce flammable vapors at standard temperature and pressure, it shall be inerted to levels that shall preclude explosion or to lower levels as may be required by the Division.

(3) All piping associated with the underground storage tank shall be removed and disposed of, unless removal might damage structures or other pipes that are being used and that are contained in a common trench, in which case the piping to be closed shall be emptied of all contents and capped.

(4) The underground storage tank, except for piping that is closed in accordance with Subdivision (3) above, shall be completely filled with an inert solid.

(Ord. 3846, passed - -2002)

§ 23.07213 Sampling Analysis for Closures.

The owner or operator of an underground storage tank being closed pursuant to this Article shall demonstrate to the satisfaction of the Division that no release has occurred. This demonstration shall be based on soil sample analysis and/or water analysis. This analysis shall be performed during or immediately after closure activities. If the demonstration is based on soil sample analysis, soil samples shall be taken and analyzed as follows:

(a) If the underground storage tank or any portion thereof is removed, soil samples shall be taken immediately beneath the removed portions of the tank and at a minimum of two feet into native material at each end of the tank in accordance with Code of Regulations § 2649. A separate sample shall be taken for each 20 lineal feet of trench for piping.

(b) If the underground storage tank or any portion thereof cannot be removed, at least two borings shall be taken as close as possible to the endpoint beneath the tank using a slant boring (mechanical or manual) or other appropriate method, such as vertical borings drilled on each long dimensional side of the tank.

(c) Soils shall be analyzed in accordance with Code of Regulations § 2649 for all constituents of the previously stored hazardous materials or hazardous waste and their breakdown or transformation products. When key constituents that pose a significant threat to water quality or the environment can be identified for analysis, the Division may waive the requirement for analysis of all constituents, breakdown or transformation products.

(d) An original copy of the sample analysis with a Quality Assurance and Quality Control Report in accordance with Code of Regulations §§ 2650 et seq., shall be sent directly to this Division within 60 calendar days of the sample date.

(e) The detection of any reportable release shall require compliance with Code of Regulations §§ 2650 et seq., and the applicable requirements of § 23.07214 of this Code.

(Ord. 3846, passed - -2002)

§ 23.07214 Corrective Action Requirements.

(a) Responsible parties for an underground storage tank shall comply with the requirements of this Section whenever there is any release reportable pursuant to Health and Safety Code § 25295.

(b) Responsible parties shall conduct investigations of any release, the release site and the surrounding area possibly affected by the release and take corrective action in compliance with the following requirements:

(1) All applicable waste discharge requirements or other order issued pursuant to Water Code §§ 13000 et seq.(Porter-Cologne Water Quality Control Act);

(2) All applicable State policies for water quality control adopted pursuant to Water Code §§ 13140 et seq.;

(3) All applicable water quality control plans adopted pursuant to Water Code §§ 13240 et seq.;

(4) All applicable requirements of Health and Safety Code §§ 25280 et seq., and the regulations of Code of Regulations §§ 2610 et seq. promulgated thereto; and

(5) All applicable requirements of Health and Safety Code §§ 25299.36 et seq. and §§ 25100 et seq., and Code of Regulations §§ 66001 et seq.

(c) Corrective action includes one or more of the following phases:

(1) Preliminary site assessment phase;

(2) Soil, air and water investigation phase;

(3) Corrective action plan implementation phase; and

(4) Verification monitoring phase.

(d) Responsible parties shall take or contract for interim remedial actions, as necessary, to abate or correct the actual or potential effects of a release. Interim remedial actions can occur concurrently with any phase of corrective action. Before taking interim remedial action, responsible parties shall notify the Division of the proposed action and shall comply with any requirements the Division sets. Interim remedial actions include, but are not limited to, the following:

(1) Removal of free product;

(2) Enhanced biodegradation to promote bacterial decomposition of contaminants;

(3) Excavation and disposal of contaminated soil;

(4) Vacuum extraction of contaminants from soil or groundwater; and

(5) Pumping and treatment of groundwater to remove dissolved contaminants.

(e) The responsible party shall submit a work plan to the Division prior to implementing any portions of its corrective action. The work plan shall include the proposed actions and a proposed schedule for their completion. The responsible party shall modify the work plan, as necessary, at the direction of the Division.

(f) Implementation of the work plan may begin no less than 60 calendar days after submittal, unless the responsible party is otherwise directed by the Division. At least five working days before beginning these activities, the responsible party or its representative shall:

(1) Notify the Division of the intent to initiate the proposed actions included in the work plan submitted; and

(2) Comply with any conditions set by the Division, including mitigation of adverse consequences from cleanup activities.

(g) The Preliminary Site Assessment Phase includes, at a minimum, initial site investigation, initial abatement actions and initial site characterization in accordance with Code of Regulations §§ 2652, 2653, and 2654 and any interim remedial actions taken in accordance with Subdivision (d) of this Section. Implementation of any of the interim remedial actions or any of the activities included in the preliminary site assessment shall constitute initiation of corrective action.

(h) The soil, air and water investigation phase includes the collection and analysis of data necessary to assess the nature, vertical and lateral extent of the release and to determine effective methods of cleanup. Using information obtained during the investigation, the responsible party shall propose a corrective action plan and submit it to the Division for review and concurrence. The responsible party is required to demonstrate to the Division that the corrective action plan will adequately protect human health and safety and the environment, and will restore or protect current or potential beneficial uses of water. The responsible party shall modify the corrective action plan in response to the directives of the Division.

(i) The corrective action plan implementation phase consists of carrying out the alternative selected during the soil, air and water investigation phase for remediation or mitigation of the actual or potential adverse effects of the release. Upon concurrence with the corrective action plan or as directed by the Division, the responsible party shall implement, monitor, evaluate and report the results of implementation of the corrective action plan on a schedule agreed to by the Division. The responsible party shall modify or suspend clean-up activities when directed to do so by the Division.

(j) The verification monitoring phase includes all activities required to verify implementation of the corrective action plan and evaluate its effectiveness. The responsible party shall verify completion of the corrective action plan through sampling or other monitoring of soil, air and/or water for such period of time and at intervals agreed to by the Division. Using the monitoring results obtained pursuant to this Subdivision and any other relevant data obtained pursuant to this Section, the responsible party shall evaluate the effectiveness of the site work.

(k) The responsible party shall submit monitoring data and an evaluation of the results of such monitoring in writing on a schedule and for a duration agreed to by the Division.

(Ord. 3846, passed - -2002)

§§ 23.07215 — 299 (Reserved).