San Luis Obispo County Municipal Code Ch. 8.14 Underground Storage of Hazardous Substances

Footnotes:

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Prior ordinance history: Ord. 2651.

It is the purpose of this chapter to establish additional local standards for underground storage tank facilities to protect public drinking water supplies and limited groundwater resources, and to establish procedures for issuance of permits for the installation and use of these facilities.

(Ord. 3044 (part), 2004)

Whenever any provision of this chapter applies to facilities for the storage and transfer of gasoline subject to San Luis Obispo County Air Pollution Control District Rule 424, Storage and Transfer of Gasoline, the owner or operator of the facility shall obtain district approval prior to commencing construction or modification.

(Ord. 3044 (part), 2004)

Unless the context requires otherwise, the terms used in this chapter shall have the definitions provided by Section 25281 of Chapter 6.7 of Division 20 of the Health and Safety Code of the State of California, or by Section 2611 of Chapter 16 of Title 23 of the California Code of Regulations.

(Ord. 3044 (part), 2004)

For the purpose of this chapter, the following words and phrases are defined, and shall be construed as set out in this chapter:

"Board" means the board of supervisors of the County of San Luis Obispo.

"Permitting authority" shall be the county health officer or his/her designee.

"Qualified professional" means a person who is a registered geologist registered pursuant to Section 7841 of the Business and Professions Code or a certified engineering geologist or certified hydrogeologist licensed pursuant to Section 7842 of the Business and Professions Code.

"SWRCB" means the California State Water Resources Control Board.

"Washwater" means water used to clean surfaces containing dissolved fuel or other hazardous contaminants from fueling operations.

(Ord. 3044 (part), 2004)

(a) A permit to operate shall not be issued for any underground storage tank system or facility when a new installation permit application is received by the permitting authority after the adoption of this chapter amendment, unless the underground storage tank system or facility is evaluated for site susceptibility to contamination of a public drinking water well and surface water used as a source of drinking water. The assessment shall be conducted by a qualified person using the best available information. If existing data is not adequate to make a determination, the qualified person shall collect sufficient data to determine the hydrogeologic setting.

(b) Facilities that are proposed to be located within a one thousand five hundred foot radius of a public drinking water well or surface water body used as a source of drinking water, or are located within Zones A (two year travel time to a drinking water well) or B5 (two to five year travel time to a drinking water well) as defined by the California Department of Health Services "Drinking Water Source Assessment and Protection Program" shall provide a hydrogeological site assessment with the permit application.

(c) A hydrogeological assessment report shall be prepared by a qualified professional and submitted to the permitting authority and the regional water quality control board. The report shall include data to support its conclusions, such as a description of site and local geology, depth to groundwater and direction of groundwater flow, locations of water wells, and construction details for the water wells.

(d) Sites determined by the permitting authority and regional water quality control board concurrence to be highly vulnerable to ground or surface water contamination will be required to provide a means of mitigating the threat to ground or surface water.

(Ord. 3044 (part), 2004)

(a) Discharge of spilled fuel or spilled fuel washed from fueling operations to soil or beyond the property boundary shall not be permitted.

(b) The discharge of washwater beyond the property boundary, shall not be permitted pursuant to the requirements of the U.S. EPA National Pollutant Discharge Elimination System (NPDES) Stormwater Phase II Final Rule and the NPDES General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4 General Permit). Washwater is considered to be an illicit discharge under the MS4 general permit.

(c) Any liquid that enters secondary containment shall be stored and disposed as hazardous waste, unless determined to be nonhazardous by a laboratory certified by the State of California for the analysis of hazardous waste.

(d) Paved surfaces shall be constructed and maintained to minimize surface infiltration of spilled fuel. A fuel resistant sealant shall be used to seal cracks and joints in the paved surface.

(Ord. 3044 (part), 2004)

All applications for a permit to operate shall be submitted to the county health officer.

(Ord. 3044 (part), 2004)

(a) The permitting authority shall act upon the application no later than ninety days after it is accepted as complete, unless the applicant has filed with the permitting authority a written notice of a request, and received written approval for extension of the time within which action is taken on the grounds that additional time is required to:

(1) Prepare or present plans or other information;

(2) Obtain zoning variances, development plans, or other permits;

(3) Make other corrections remedying inconsistencies with the provisions of this chapter; or

(4) The permitting authority has on file a written notice from a public agency showing just cause for an extension of time, and has approved an extension of time pursuant thereto.

(b) The permitting authority shall require the submittal of "as-built" drawings for permitted underground storage tank system construction or repair. The "as-built" drawings must show the actual location of newly installed systems including underground piping, conduits, monitoring equipment and other significant system components within thirty days of the final construction inspection. The permit to operate may be subject to revocation if accurate as-built drawings are not submitted to the permitting authority within the specified time frame.

(Ord. 3044 (part), 2004)

The board may, by resolution, ordinance, or administrative recommendation, prescribe fees for the filing of appeals relating to demand of such permits or the revocation thereof.

(Ord. 3044 (part), 2004)

Any permit to operate issued pursuant to this chapter may be revoked during its term upon one or more of the following grounds:

(1) That an unauthorized release has occurred pursuant to Section 25295 of Chapter 6.7 of the Health and Safety Code;

(2) That modifications have been made to the underground storage tank or facility in violation of the permit to operate;

(3) That the holder of the permit has violated one or more conditions upon which the permit has been issued.

(Ord. 3044 (part), 2004)

The permitting authority may revoke a permit to operate by issuing a written notice of revocation, stating the reasons therefor, and serving same, together with a copy of the provisions of this chapter, upon the holder of the permit. The revocation shall become effective immediately.

(Ord. 3044 (part), 2004)

Except as otherwise provided, the county health officer is charged with the responsibility of administering this chapter, and shall be authorized to promulgate and enforce such rules or regulations consistent with the purposes, intent, and express terms of this title as he or she deems necessary to implement such purposes, intent and express terms.

(Ord. 3044 (part), 2004)

That the board of supervisors has considered the initial study prepared and conducted with respect to the matter described above. The board of supervisors has, as a result of its consideration, and the evidence presented at the hearings on said matter, determined that the proposed negative declaration as heretofore prepared and filed as a result of the said initial study, is appropriate, and has been prepared and is hereby approved in accordance with the California Environmental Quality Act and the county's regulations implementing said act. The board of supervisors, in adopting this chapter, has taken into account and reviewed and considered the information contained in the negative declaration approved for this project and all comments that were received during the public hearing process. On the basis of the initial study and any comments received, there is no substantial evidence that the adoption of this chapter will have a negative effect on the environment.

(Ord. 3044 (part), 2004)

If any section, subsection, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of the remaining portion of this chapter. The board of supervisors hereby declares that it would have passed this chapter and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

(Ord. 3044 (part), 2004)

The ordinance codified in this chapter shall take effect and be in full force on and after thirty days from the date of its passage hereof. Before the expiration of fifteen days after the adoption of this chapter, it shall be published once in a newspaper of general circulation published in the County of San Luis Obispo, State of California, together with the names of the members of the board of supervisors voting for and against the ordinance.

(Ord. 3044 (part), 2004)