Trinity County Municipal Code Ch. 8.80 Underground Storage Tanks

This chapter shall be known as the "underground storage tank(s) ordinance of the county."

(Ord. 1097 (part), 1987)

This chapter is enacted pursuant to authority conferred by Sections 476, 510, 25283 and 25287 of the Health and Safety Code of the State of California.

(Ord. 1097 (part), 1987)

It is the purpose of this chapter to adopt the regulations for the construction and monitoring of facilities used for the underground storage of hazardous substances, as adopted by the State Water Resources Control Board under Chapter 6.7 of the Health and Safety Code; and to establish a procedure for issuance of permits for the use of these facilities; and to authorized the prescription of such fees as will pay the reasonable expenses of the health officer incurred in such enforcement of regulations relating to underground hazardous substance storage facilities.

(Ord. 1097 (part), 1987)

For the purpose of this chapter terms shall have the definitions as provided by the appropriate sections of Chapter 6.7 of Division 20 of the Health and Safety Code, or by Section 2621 of Title 23, Waters, of the California Administrative Code:

A. "Board" means the county board of supervisors.

B. "Health officer" means the health officer of Trinity County or a duly authorized representative.

C. "Local agency" means the Trinity County health department.

(Ord. 1097 (part), 1987)

A. No person shall operate, construct, modify, close or abandon an underground storage tank within the county unless by authority of a valid, unexpired and unrevoked permit issued to the owner/operator by the health officer.

B. A permit shall not be issued for any underground storage tank or facility unless the tank or facility meets the appropriate requirements of Chapter 6.7 of the Health and Safety Code, and Subchapter 16 of Title 23 of the California Administrative Code.

C. An application for a permit shall be filed with the health department on a form prescribed by the health officer, and shall be accompanied by all required and requested information and any fee levied by the board.

D. The health officer shall act upon the application not later than ninety days after the date it is accepted as complete unless the applicant has filed with the health officer a written notice for extension of time and an extension of time has been granted by the health officer.

(Ord. 1097 (part), 1987)

Standards for the construction, repair, modification or destruction of monitoring wells shall be as set forth in Chapter II of the California Department of Water Resources Bulletin No. 74, "Water Well Standards," State of California.

(Ord. 1097 (part), 1987)

Prior to the issuance of any permit, all appropriate agency approvals must be obtained by the applicant.

(Ord. 1097 (part), 1987)

Permit fees shall be set forth by resolution adopted by the board. No permit shall be issued or renewed unless the applicant pays such fees. The total fee shall include the state surcharge.

(Ord. 1097 (part), 1987)

A. Any permit 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 25295 of the Health and Safety Code.

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

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

B. The health officer may revoke a permit by issuing upon the permittee a written notice of revocation. The notice shall state the reason(s) for revocation. The revocation becomes effective fifteen days after the date of the written notice, unless the permittee files an appeal within the time and in accordance with the provisions established by the county.

(Ord. 1097 (part), 1987)

Any person testing an underground storage tank as prescribed in Section 25292 of the California Health and Safety Code must carry liability insurance of one million dollars. A current certificate of insurance must be filed with the health department prior to the commencement of any work.

(Ord. 1110, 1988)

A. Right of Entry. Whenever necessary to make an inspection to enforce any provision of this chapter or whenever the health officer has reasonable cause to believe that there exists upon the premises any condition which is unsafe, dangerous or hazardous, the health officer may enter such premises at all reasonable times to inspect the same or to perform any duty imposed upon the health officer by this chapter, provided that if such premises are occupied, request for entry must first be obtained; and, if such premises are occupied, a reasonable effort to locate the owner and request entry must be made. If such entry is refused, the health officer shall have recourse to every remedy provided by law to secure entry.

B. Stop Order. In the event a facility or tank subject to the provisions of this chapter is being constructed, repaired, modified, closed or abandoned contrary to the terms of this chapter, the health officer shall order the work stopped by posting a stop order at the site. No further work shall be done after the posting of the stop order until such time as the stop order is removed by the health officer.

(Ord. 1097 (part), 1987)

Any person who violates any provision of this chapter or fails to comply with any regulatory requirement of this chapter shall be guilty of a misdemeanor or infraction.

(Ord. 1097 (part), 1987)