Shasta County Municipal Code Ch. 8.24 Underground Storage of Hazardous Substances

The board of supervisors of the county finds and declares that the underground storage of hazardous substances poses a potential threat of contamination to the ground and surface waters of the county and therefore to the health and safety of all citizens of the county. It is the purpose of this chapter to establish standards for construction and monitoring of facilities used for the underground storage of hazardous substances, and to establish a procedure for issuance of permits for the use of these facilities.

(Prior code § 3785)

The following words or terms are used and defined as follows, unless the context in which any word or term is used requires another usage or meaning:

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

"Hazardous substance" means all of the following liquid and solid substances unless the State Department of Health Services determines the substances could not adversely affect the quality of the waters of the county or the region:

A. Substances on the list prepared by the Director of the Department of Industrial Relations pursuant to Section 6382 of the Labor Code of the state;

B. Hazardous substances, as defined in Section 25316 of the Health and Safety Code of the state;

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

"Operator" means the operator of an underground storage tank.

"Owner" means the owner of an underground storage tank.

"Person" means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, and association. "Person" also includes any city, county, district, the state, or any department or agency thereof.

"Pipe" means any pipeline or system of pipelines which is used in connection with the storage of hazardous substances and which is not intended to transport hazardous substances in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel.

"Primary containment" means the first level of containment, such as the portion of a tank which comes into immediate contact on its inner surface with the hazardous substance being contained.

"Product-tight" means impervious to the substance which is contained, or is to be contained, so as to prevent the seepage of the substances from the primary containment. To be product-tight, the tank shall not be subject to physical or chemical deterioration by the substances which it contains over the useful life of the tank.

"Secondary containment" means the level of contaiment external to, and separate from the primary containment.

"Single-walled" means construction with walls made of only one thickness of material. For the purpose of this chapter, laminated, coated, or clad materials shall be considered single-walled.

"Special inspector" means a professional engineer, registered pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and 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 an underground storage tank.

Storage or Store.

A. "Storage" or "store" means the containment, handling or treatment of hazardous substances, either on a temporary basis or for a period of years.

B. "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 State Department of Health Services pursuant to Section 25200 or granted interim status under Section 25200.5 of the Health and Safety Code, and has submitted to the health officer documentation verifying the issuance of the permit or the granting of the interim status.

"Unauthorized release" means any release or emission of any hazardous substances which does not conform to the provisions of this chapter, unless this release is authorized by the State Water Resources Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code.

Underground Storage Tank.

A. "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.

B. "Underground storage tank" does not include any of the following:

1. A tank used for the storage of hazardous substances used for the control of external parasites of cattle and subject to the supervision of the county agricultural commissioner if the county agricultural commissioner determines, by inspection prior to use, that the tank provides: (a) a level of protection equivalent to that required by Sections 8.24.050 and 8.24.060, if the tank was installed after June 30, 1984, or (b) protection equivalent to that required by Sections 8.24.070, 8.24.080, and 8.24.090, if the tank was installed on or before June 30, 1984;

2. A tank located on a farm or ranch and that stores motor vehicle fuel used only to propel vehicles used primarily for agricultural purposes;

3. A tank used for aviation or motor vehicle fuel located within one mile of a farm and the tank is used by a licensed pest control operator, as defined in Section 11705 of the Food and Agricultural Code, who is primarily involved in agricultural pest control activities;

4. Structures such as sumps, separators, storm drains, catch basins, oil field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separated pumps, lined and unlined pits, sumps and lagoons. Sumps that are a part of a monitoring system required under Sections 8.24.050 and 8.24.060 or Sections 8.24.070, 8.24.080 and 8.24.090 are not exempted by this section.

(Prior code § 3786)

The health officer is charged with primary responsibility for the administration of this chapter and may develop those forms, procedures and reports reasonably necessary to administer this chapter to achieve its purposes.

(Prior code § 3799.3)

A. No person shall operate a facility within the county for the underground storage of any hazardous substance. unless by authority of a valid, unexpired and unrevoked permit to operate issued to the owner pursuant to the provisions of Sections 8.24.050 and 8.24.060 or Sections 8.24.070, 8.24.080 and 8.24.090.

B. A person operates a facility in violation of this section if the person, without a required permit to operate in effect, supervises, inspects, directs, organizes, manages or controls or is in any way responsibile for or in charge of the facility for which the permit is required.

C. Compliance with the provisions of this chapter does not constitute or excuse compliance with any other provision of law applicable to installation, maintenance or operation of a facility, or to the use for which the underground storage tank or facility is installed, operated or maintained.

(Prior code § 3787)

No new underground storage tank or facility shall be installed after January 1, 1984, unless a permit to operate is first obtained from the health officer. A permit to operate shall not be issued for any underground storage tank or facility installed after January 1, 1984, unless the tank or facility meets the requirements set out in Section 8.24.060.

(Prior code § 3788 (part))

A. New facilities are to be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in them 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 be capable of storing the 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 must be able to additionally accommodate the volume of a twenty-four-hour rainfall as determined by a one-hundred-year storm history;

6. Single-walled containers do not fulfill the requirement that an underground storage tank provide both a primary and a secondary containment;

7. The design and construction of underground storage tanks for motor vehicle fuels storage need not meet the requirements of subdivisions 1 to 6 of this subsection, inclusive, if: (a) the primary containment construction is of glass fiber-reinforced plastic, cathodically protected steel, or steel-clad with glass fiber-reinforced plastic; (b) any such alternative primary containment is installed in conjunction with a system that will intercept and direct a leak from any part of the 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, response, and protection of groundwater from releases; and (d) the monitoring is in accordance with the alternative method identified in Section 8.24.090 C. Pressurized piping systems connected to underground storage tanks used for the storage of motor vehicle fuels and monitored in accordance with Section 8.24.090 C shall also be deemed to meet the requirements of this subsection.

B. It is designed and constructed with a monitoring system capable of detecting the entry of the hazardous material stored in the primary containment into the secondary containment. If water could intrude into the secondary containment, a means of monitoring for water intrusion and for safely removing the water shall also be provided.

C. When required by the health officer, it is equipped with a means of overfill protection for any primary tank, including an overfill prevention device or an attention-getting high level alarm, or both. Primary tank filling operations of underground storage tanks containing motor vehicle fuels which are visually monitored and controlled by a facility operator satisfy the requirements of this subsection.

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, the substances shall be separated in both the primary and secondary containment so as to avoid potential intermixing.

E. If water could enter the secondary containment by precipitation or infiltration, the facility shall contain a removal system, including a means of removing the water by the owner or operator, a means of analyzing the removed water for hazardous substance contamination and a means of safely transporting the water, if so contaminated, to an authorized disposal facility.

(Prior code § 3788 (A), (B), (C), (D), (E))

No underground storage tank or facility installed on or before January 1, 1984, and used for the storage of hazardous substances shall continue to operate unless a permit to operate is obtained by January 1, 1985.

(Prior code § 3789 (A))

No permit to operate shall be issued or remain valid unless the following actions are taken:

A. On or before January 1, 1985, the owner shall outfit the facility with a monitoring system capable of detecting unauthorized releases of any and all hazardous substances stored in the facility, and thereafter the operator shall monitor each facility, based on materials stored and the type of monitoring installed.

B. On or before January 1, 1985, the owner shall provide a means for visual inspection of the tank, wherever practical, for the purpose of monitoring required by subsection A of this section. Alternative methods of monitoring the tank on a monthly, or more frequent, basis may be required by the health officer.

(Prior code § 3789 (B))

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

A. Pressure testing, vacuum testing or hydrostatic testing of the piping systems or underground storage tanks;

B. A groundwater monitoring well or wells which are down gradient and adjacent to the underground storage tank, vapor analysis within a well where appropriate, and analysis of soil borings at the time of initial installation of the well. The health officer shall develop regulations specifying monitoring alternatives and shall approve the location and number of wells, the depth of wells and the sampling frequency, pursuant to these regulations;

C. For monitoring tanks containing motor vehicle fuels, daily gauging and inventory reconciliation by the operator, if:

1. Inventory records are kept on file for one year and are reviewed quarterly, and

2. The tank is tested for tightness (a) hydrostatically or, (b) when appropriate, with pressure between three and five pounds, inclusive, per square inch at time intervals specified by the State Water Resources Control Board, and (c) whenever any pressurized system has a leak detection device to monitor for leaks in the piping. The tank shall also be tested for tightness hydrostatically, or when appropriate, with pressure between three and five pounds, inclusive, per square inch whenever there is a shortage greater than the amount specified by the State Water Resources Control Board.

(Prior code § 3789 (C))

An application for a permit to operate shall be filed with the health department on a form prescribed by the health officer, shall be accompanied by any fee set by the board of supervisors, and shall include the following:

A. A description of the construction of the underground storage tank or facility;

B. 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;

C. A description of the monitoring program for the underground storage tank or facility;

D. The name and address of the person, firm or corporation which owns the underground storage tank or tanks and, if different, the name and address of the person who operates the underground storage tank or facility;

E. The address of the site of the underground storage tank or facility;

F. The name of the person making the application;

G. The name and twenty-four-hour phone number of the contact person in the event of an emergency involving the tank or facility;

H. If the owner or operator of the underground storage tank or facility is a public agency, the name of the supervisor of the division, section or office which operates the tank or facility;

I. Any other information deemed necessary by the health officer to administer the provisions of this chapter.

(Prior code § 3790)

The health officer shall act upon the application not later than ninety days after the date it is accepted as complete, unless (A) the applicant has filed with the health officer 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 prepare or present plans or other information, obtain zoning variances or other permits, or make other corrections remedying inconsistencies with the provisions of this chapter; or (B) the health officer 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.

(Prior code § 3791)

The term of the permit to operate shall be five years, at which time the permittee may apply for reissuance pursuant to Sections 8.24.040 and 8.24.110.

(Prior code § 3792)

A. The permit to operate shall contain a complete description of the enterprise for which it is issued, the date of issuance and date of expiration, a description of the method of monitoring, and all conditions upon which the permit has been issued. A copy of the permit shall be kept on the premises and shall be made available to the health officer upon demand.

B. As a condition of any permit to operate, the permittee shall complete and file with the health officer an annual report which details any changes in the usage of any underground storage tanks, including the storage of new hazardous substances, changes in monitoring procedures and unauthorized release occurrences.

(Prior code § 3793)

A. Except as provided in subsection B of this section, no person assuming ownership of a facility shall operate it unless a permit to operate has been issued or transferred to the person. Any person who is to assume the ownership of an underground storage tank from the previous owner shall complete a permit transfer form accepting the obligations of the permit and submit the completed form to the health officer at least thirty days before the ownership of the underground storage tank is to be transferred. The health officer may review and modify, or terminate the transfer of the permit to operate upon receiving the completed form.

B. Any person assuming ownership of an underground storage tank or facility for which a valid permit to operate has been issued (1) has thirty days after the date of assumption of ownership to apply for a permit to operate; or (2) if accepting a transferred permit, shall submit to the health officer the completed form accepting the obligation of the transferred permit, as specified in subsection A of this section. Until the permit is issued or refused, or the transfer is approved or disapproved, the person shall not be held to be in violation of this section.

(Prior code § 3794)

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

1. An unauthorized release subject to Section 8.24.200 B has occurred;

2. Modifications have been made to the underground storage tank or facility in violation of the permit to operate;

3. The permittee has violated one or more conditions upon which the permit has been issued.

B. The health officer may revoke a permit to operate by issuing and serving upon a permittee a written notice of revocation. The notice shall state the reasons(s) for revocation and a copy of this chapter shall be appended to it. The revocation becomes effective fifteen days after the date of service, unless the permittee files an appeal within the time and in accordance with the provisions in Title 17. If such an appeal is filed, the revocation shall not become effective until a final decision on the appeal is made.

(Prior code § 3799)

Nothing in this chapter excuses compliance with the requirements of the fire warden relating to storage of flammable or combustible liquids in underground tanks.

(Prior code § 3799.5)

A. Every operator of an underground storage facility shall monitor the facility, using the method specified on the permit for the facility. Records shall be kept in sufficient detail to enable the health officer to determine that the operator has undertaken all monitoring activities required by the permit to operate.

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 facility as set forth in the permit, and provide the operator with a copy of Section 8.24.220 and Health and Safety Code Section 25287. The owner shall notify the health officer of any change of operator.

(Prior code § 3795)

A. The health officer shall inspect every underground storage tank or facility at least once every three years. The purpose of the inspection is to determine whether the tank or facility complies with the design and construction standards of this chapter, whether the operator has monitored and tested the tank as required by the permit, and whether the tank or facility is in a safe operating condition. After an inspection, the health officer shall prepare a compliance report detailing the inspection and shall send a copy of this report to the permittee.

B. In addition to, or instead of, the inspections specified in subsection A of this section, the health officer may require the permittee to employ, periodically, special inspectors to conduct an audit or assessment of the permittee's facility to determine whether the facility 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 facility. The report shall contain recommendations consistent with the provisions of this chapter, where appropriate. A copy of the report shall be filed with the health officer at the same time the inspector submits the report to the permittee. Within thirty days after receiving this report, the permittee shall file with the health officer a plan to implement all recommendations contained in the report or shall demonstrate, to the satisfaction of the health officer, why these recommendations should not be implemented.

C. To carry out the purposes of this chapter, the health officer or his designee has the authority to inspect any place where underground storage tanks are located or to inspect real property which is within two thousand feet of any place where underground storage tanks are located.

(Prior code § 3796)

Any physical modification including replacement of an underground storage tank or facility, shall be undertaken in compliance with this chapter and all provisions of law applicable to the use for which the underground storage tank or facility is installed, operated and maintained.

(Prior code § 3798)

A. Any unauthorized release from the primary containment which the operator is able to clean up within eight hours 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.

B. Any unauthorized release which escapes from the secondary containment, increases the hazard of fire or explosion, or causes any deterioration of the secondary containment of the underground tank shall be reported by the operator to the health officer 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 storage tanks within five working days of the occurrence of the release.

C. The health officer shall review the permit whenever there has been an unauthorized release or when it is determined that the underground storage tank is unsafe. In determining whether to modify or terminate the permit, the health officer shall consider the age of the tank, the methods of containment, the methods of monitoring, the feasibility of any required repairs, 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 meet the requirements of this chapter.

(Prior code § 3797)

A. No person shall abandon an underground storage tank or close or temporarily cease operating an underground storage tank except as provided in this section.

B. An underground storage tank 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, unless the operator complies with the provisions of subsection C of this section for the period of time the underground tank is not in use.

C. No person shall close an underground storage tank unless the person undertakes all of the following actions:

1. Demonstrates to the health officer that all residual amounts of the hazardous substances or hazardous substances that were stored in the tank prior to its closure have been removed, properly disposed of, and neutralized;

2. Adequately seals the tank to minimize any threat to the public safety and the possibility of water intrusion into, or runoff from, the tank;

3. Provides for, and carries out, the maintenance of the tank as the health officer determines is necessary, for the period of time the health officer requires;

4. Demonstrates to the health officer that there has been no significant soil contamination resulting from a discharge in the area surrounding the underground storage tank or facility.

(Prior code § 3799.1)

Nothing in this chapter precludes imposition of any or all of the civil and criminal penalties provided in Health and Safety Code Section 25287.

(Prior code § 3799.2)

If a city, pursuant to Health and Safety Code Section 25282, adopts an ordinance by which the city assumes responsibility for implementing Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code, the provisions of this chapter shall be suspended as to that city and as to all underground storage facilities for hazardous substances located within the jurisdictional limits of the city for so long as the city's ordinance is in effect.

(Prior code § 3799.4)