Santa Clara County Municipal Code Art. 3 Containment Standards

No person may store any hazardous material regulated by this chapter until a permit or approval has been issued pursuant to this chapter. No permit or approval will be granted pursuant to this chapter unless the permit applicant demonstrates to the satisfaction of the Director, 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, modification, closure, or removal must be to the satisfaction of the Director. The Director has the discretion to exempt an applicant from any specific requirement, except with regard to underground storage facilities; 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.

(Ord. No. NS-517.72, § 2, 4-15-03)

(a) Permit required. No person may construct or install any new storage facility until a permit or approval has been issued pursuant to this chapter.

(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) must 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 Director. Where secondary containment may be subject to the intrusion of water, a means of monitoring and for safely removing such water must be provided.

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

(c) Containment requirements. Primary and secondary levels of containment are 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 Director.

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

(2) Secondary containment.

a. All secondary containment must 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 must be large enough to contain at least 110 percent of the volume of the primary container.

c. In the case of a storage facility with multiple primary containers, the secondary container must be large enough to contain 150 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 24-hour rainfall as determined by a 100-year storm history.

(3) Laminated, coated or clad materials are considered single-walled and must not be construed to fulfill the requirements of both primary and secondary containment.

(d) Overfill protection. Means of overfill protection may be required for any aboveground tank. This may be an overfill prevention device and/or an attention-getting high-level alarm.

(e) Separation of materials. 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 must be separated in both the primary and secondary containment so as to avoid potential intermixing.

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

(g) Spill protection. A spill container to collect any hazardous material spilled during product delivery operations may be required at any aboveground tank fill point.

(Ord. No. NS-517.72, § 2, 4-15-03)

Any storage facility in existence as of the effective date of this chapter [January 12, 1984], or any storage facility for which a building permit was issued prior to the effective date of this chapter, which does not meet the standards of Section B11-286, 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 Director as set forth herein with a monitoring system capable of detecting unauthorized releases.

(a) A monitoring plan for each such storage facility containing hazardous materials which are liquids or solids at STP must be submitted to the Department as part of the hazardous materials business plan or hazardous materials/waste registration form.

(b) Monitoring under such plan must 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 Director.

(c) Alternative method(s) of monitoring may include, but are not limited to, pressure testing, vacuum testing or hydrostatic testing of the piping systems; groundwater monitoring well(s) which are down-gradient and adjacent to the storage facility; vapor analysis within the well(s) where appropriate; and analysis of the soil boring(s) at the time of initial installation of the well(s). The location and number of well(s), depth of well(s) and sampling frequency must be approved by the Director.

(d) The continued use of, and permit approval for, existing storage facilities is subject to review and modification or termination by the Director whenever there has been any unauthorized discharge. It will also be reviewed by the Director each time the permit is renewed. In determining whether continued storage in such storage facility is suitable, the Director will 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.

(Ord. No. NS-517.72, § 2, 4-15-03)

(a) No storage facility may 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 Director in accordance with Section B11-325.

(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 must make a reasonable effort to locate such storage facility within six months of the effective date of this chapter [January 12, 1984].

(e) Whenever an abandoned storage facility is located, a plan for the closing or removing or the upgrading and permitting of such storage facility must be filed within 90 days of its discovery. A closure plan must conform to the standards specified in Section B11-325.

(Ord. No. NS-517.72, § 2, 4-15-03)

(a) Monitoring methods. Monitoring methods must 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 must be provided. Visual inspection of the primary containment is the preferred method; however, other means of monitoring may be required by the Director. Where secondary containment may be subject to the intrusion of water, a means of monitoring for such water must be provided. Whenever monitoring devices are provided, they must, where applicable, be connected to attention-getting visual and/or audible alarms.

(b) Monitoring, testing and inspection. Every permittee under this chapter must conduct testing, monitoring (if applicable), and inspections in compliance with the monitoring program component of the hazardous materials business plan or hazardous materials/waste registration form and must maintain records adequate to demonstrate compliance therewith.

(c) The permittee must conduct monthly inspections, at a minimum, of electronic monitoring system consoles (control panels) to ensure that they are in working order and must maintain records adequate to demonstrate compliance therewith.

(Ord. No. NS-517.72, § 2, 4-15-03)

(a) The permittee must 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 must be in accordance with plans to be submitted to the Director and approved in accordance with Section B11-325 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 must seek approval pursuant to Section B11-325 by submitting drawings or other information adequate to describe the repairs to the Director.

(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 Section B11-286.

(e) All monitoring equipment and audible/visual overfill protection alarms used to satisfy the requirements of this article must be installed, calibrated, operated and maintained in accordance with manufacturer's instructions, and tested every 12 months by a qualified technician to confirm operability, proper operating condition, and proper calibration. Written records of such testing must be maintained as required in Section B11-313.

(f) Persons performing secondary containment testing of any underground storage tank system subject to Section 2637(a)(4) of Title 23 of the California Code of Regulations, as amended, must report test results using the State Water Resources Control Board's "Secondary Containment Testing Report Form" or an alternate format approved by the Director.

(g) The owner or operator of any underground storage tank subject to Section 2637(b) of Title 23 of the California Code of Regulations, as amended, must coordinate annual certification of underground storage tank monitoring equipment to coincide with the Department's annual compliance inspection. Notwithstanding Section 2637(b)(5), the UST owner or operator must notify the Director at least 14 calendar days prior to annual certification testing unless the notification requirement is waived by the Director.

(Ord. No. NS-517.72, § 2, 4-15-03)

(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 may remain in the travel path only for the time reasonably necessary to transport the hazardous materials; and such movement must be in a manner which will not result in an unauthorized discharge.

(Ord. No. NS-517.72, § 2, 4-15-03)

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

(Ord. No. NS-517.72, § 2, 4-15-03)

Emergency equipment must be provided which is reasonable and appropriate for potential emergencies presented by the stored hazardous materials. Such equipment must be regularly tested and adequately maintained.

(Ord. No. NS-517.72, § 2, 4-15-03)

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

(Ord. No. NS-517.72, § 2, 4-15-03)