Vernon Municipal Code Ch. 8.40 Underground Storage of Hazardous Substances

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Board"

means the State Water Resources Control Board.

"Department"

means the State Department of Health Services.

"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 any substance defined as hazardous in Section 25281(g) of the California Health and Safety Code.

"Health Department" or "Department"

means the City Department of Environmental Health.

"Health Officer"

means the City Health Officer, or duly authorized representative. The duties of the Health Officer are those set forth in the Health and Safety Code of the State. Whenever a power is granted to or a duty imposed upon the Health Officer in this chapter, the power may be exercised or the duty performed by a duly authorized representative of the Health Officer, unless this chapter expressly provides otherwise.

"Local agency"

means the Health and Environmental Control Section of the City of Vernon.

"Location"

means a building, a group of contiguous or adjacent buildings occupied by a single company, or a single parcel of unimproved property.

"Operator"

means the operator of an underground storage tank.

"Owner"

means the owner of an underground 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 are 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 substance from the primary containment. To be product-tight, the tank shall not be subject to physical or chemical deterioration by the substance which it contains over the useful life of the tank.

"Secondary containment"

means the level of containment 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 inspectors"

means a professional engineer, registered pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, who is 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.

"Storage" or "store"

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

"Unauthorized release"

means any release or emission of any hazardous substance which does not conform to the provisions of this chapter.

"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.

(Prior code §§ 13.1, 13.27)

All requirements in this chapter apply to the construction, operation, maintenance, monitoring, and testing of underground storage tanks, as defined in Section 8.40.010, which are required to obtain hazardous waste facilities permits from the Department.

(Prior code § 13.28)

The local agency shall compile a comprehensive master list of hazardous substances. The master list shall be made available to the public. The local agency and the owners or operators of underground storage tanks shall use the master list to determine which underground storage tanks require permits pursuant to this chapter. Hazardous substances included on the list may be denominated by scientific, common, trade, or brand names. The local agency may revise, when appropriate, the master list of hazardous substances.

(Prior code § 13.29)

The City of Vernon hereby assumes responsibility for the implementation of this chapter and, shall have exclusive jurisdiction within the boundary of the City for the purposes of carrying out this chapter. The City shall provide notice of its program to the County of Los Angeles, the Board, the Department and the State Office of Emergency Services. The City Council of the City of Vernon hereby designates the local agency to be responsible for administering and enforcing the provisions of this chapter.

(Prior code § 13.30)

A. Except as provided in subsection B, no person shall own or operate an underground storage tank unless a permit for its operation has been issued by the local agency to the owner. The local agency shall prepare a form which provides for the acceptance of the obligations of a transferred permit by any person who is to assume the ownership of an underground storage tank from the previous owner and is to be transferred the permit to operate the tank. That person shall complete the form to the local agency within 30 days after the ownership of the underground storage tank is to be transferred. The local agency may review and modify, or terminate, the transfer of the permit to operate the underground storage tank, pursuant to the criteria specified in Section 8.40.130(B) upon receiving the completed form.

B. Any person assuming ownership of an underground storage tank used for the storage of hazardous substances for which a valid operating permit has been issued shall have 30 days after the date of assumption of ownership to apply for an operating permit pursuant to Section 8.40.070 or, if accepting a transferred permit, shall submit to the local agency the completed form accepting the obligations of the transferred permit, as specified in subsection A. During the period from the date of application until the permit is issued or refused, the person shall not be held to be in violation of this section.

C. When, in its judgment, it is appropriate to do so, the local agency may issue a single permit to a person for a facility.

(Prior code § 13.31)

A permit to operate issued by the local agency pursuant to Section 8.40.050 shall be effective for five years. The local agency shall not issue or renew a permit to operate an underground storage tank if the local agency inspects the tank and determines that the tank is unsafe.

(Prior code § 13.32)

A. An application for a permit to operate an underground storage tank, or for renewal of the permit, shall be made, by the owner, on a standardized form provided by the local agency and shall be accompanied by the appropriate fee, as specified in Section 8.40.080. The local agency shall provide the board with a copy of the completed application.

B. The application form shall include, but not be limited to, requests for the following information:

1. A description of the construction of the underground storage tank or tanks.

2. 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.

3. A description of the monitoring program for the under-ground storage tank or tanks.

4. 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 tanks.

5. The address of the facility at which the underground storage tank or tanks are located.

6. The name of the person making the application.

7. The name and 24-hour phone number of the contact person in the event of an emergency involving the facility.

8. 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 which operates the tank.

C. As a condition of any permit to operate an underground storage tank, the permittee shall complete an annual report form, which will detail any changes in the usage of any underground storage tanks, including the storage of new hazardous substances, changes in monitoring procedure and unauthorized release occurrences, as defined in Section 8.40.150.

D. If a permittee stores in an underground storage tank or tanks a hazardous substance which is not listed in the application, as required by subsection (B)(2), the permittee shall apply for a new or amended permit within 30 days after commencing the storage of that hazardous substance.

(Prior code § 13.33)

A. A fee shall be paid to the local agency by each person who submits an application for a permit to operate an underground storage tank or to renew, transfer or amend a permit. The City Council of the City of Vernon shall establish the amount of the fees by resolution, at a level sufficient to pay the necessary and reasonable costs incurred in administering this chapter, including, but not limited to, permitting and inspection responsibilities. The City Council may provide for the waiver of fees when a public agency makes an application for a permit to operate or an application to renew a permit.

B. The initial permit may be renewed annually for a period not to exceed five years, upon payment of the renewal fee. A new application shall be submitted for each succeeding five-year period.

C. A temporary permit may be issued by the local agency to an applicant whose hazardous material storage facility does not conform to the requirements of this chapter on the effective date. The temporary permit shall allow up to one year for the applicant to comply with the requirements of this chapter. A temporary permit shall not be issued to a facility where unsafe storage of hazardous substances exists as determined by the local agency.

D. There shall be added to and collected with the permit or other fee a penalty equal to 10% of the fee for all fees that are delinquent for 30 days. For each additional month or fraction thereof in which the delinquency continues an additional 10% penalty shall be collected. In no event shall the total penalty exceed 60% of the permit fee.

E. No refund or rebate of a permit fee shall be allowed by reason of the fact that the permit is denied or the permittee discontinues the activity or use of a tank or facility prior to the expiration of the term or that the permit is suspended or revoked prior to the expiration of the term.

(Prior code § 13.34)

A. The local agency shall inspect every underground storage tank within its jurisdiction at least once every three years. The purpose of the inspection is to determine whether the tank complies with the design and construction standards of Section 8.40.120 or 8.40.130, whichever is applicable, whether the operator has monitored and tested the tank as required by the permit, and whether the tank is in a safe operating condition. After an inspection, the local agency shall prepare a compliance report detailing the inspection and shall send a copy of this report to the permit holder.

B. In addition to, or instead of, the inspection specified in subsection A, the local agency may require the permit holder to employ, periodically, special inspectors to conduct an audit or assessment of the permit holder'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 local agency at the same time the inspector submits the report to the permit holder. Within 30 days after receiving this report, the permit holder shall file. with the local agency a plan to implement all recommendations contained in the report or shall demonstrate, to the satisfaction of the local agency, why these recommendations should not be implemented.

(Prior code § 13.35)

In order to carry out the purpose of this chapter, any duly authorized representative of the local agency has the authority, with respect to any place where underground storage tanks are located, or with respect to real property which is within 2,000 feet of any place where the underground storage tanks are located, to inspect, take samples, obtain records, make investigations, take photographs, make studies and tests as provided for in Sections 25185 and 25185.5 of the Health and Safety Code.

(Prior code § 13.36)

A. "Trade secrets," as used in this chapter, may include, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

B. The local agency may disclose trade secrets received by the local agency pursuant to this chapter to authorized representatives of other governmental agencies only in connection with the local agency's responsibilities pursuant to this chapter. The local agency shall establish procedures to ensure that these trade secrets are utilized only in connection with these responsibilities and are not otherwise disseminated without the consent of the person who provided the information to the local agency.

C. Any person providing information pursuant to Section 8.40.070 shall, at the time of its submission, identify all information which the person believes is a trade secret. Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law.

(Prior code § 13.37)

Every underground storage tank installed after December 31, 1983, shall meet the following requirements:

A. 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 also shall be capable of storing, 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 100% of the volume of the primary tank.

4. In the case of multiple primary tanks, the secondary container shall be large enough to contain 150% of the volume of the largest primary tank placed in it, or 10% 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 24-hour rainfall as determined by a 100-year storm history.

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

B. Be 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 should 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 local agency, a means of overfill protection for any primary tank, including an overfill prevention device or an attention-getting higher 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. Different substances that 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, shall be separated in both the primary and secondary containment so as to avoid potential intermixing.

E. If water could enter into the secondary containment by precipitation of infiltration, the facility shall contain a means of removing the water by the owner or operator. This removal system shall 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.

(Prior code § 13.38)

For every underground storage tank installed on or before December 31, 1983, and used for the storage of hazardous substances the following actions shall be 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 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. Provide a means for visual inspection of the tank, wherever practical, for the purpose of the monitoring required by subsection A. Alternative methods of monitoring the tank on a monthly, or more frequent basis, may be required by the local agency. The alternative monitoring methods include, but are not limited to, the following methods:

1. Pressure testing, vacuum testing or hydrostatic testing of the piping systems and underground storage tanks.

2. A ground water 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 local agency shall develop regulations specifying monitoring alternatives. The local agency shall approve the location and number of wells, the depths of wells and the sampling frequency, pursuant to these regulations.

(Prior code § 13.39)

A. The operator of the 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 local agency 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 tank as set forth in the permit, and provide the operator with a copy of Section 8.40.180 or a summary of this section, in the form which the local agency specifies by regulation. The owner shall notify the local agency of any change of operator.

(Prior code § 13.40)

A. Primary Containment. 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. Secondary Containment.

1. 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 local agency within 24 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.

2. The local agency shall review the permit whenever there has been an unauthorized release or when it determines that the underground storage tank is unsafe. In determining whether to modify or terminate the permit, the local agency 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 would meet the requirements of this chapter.

3. The local agency shall transmit to the California Office of Emergency Services all reports required by this section within 10 working days from the time the local agency is notified of the unauthorized release.

(Prior code §§ 13.41, 13.42)

The storage of motor vehicle fuels in underground tanks shall be subject to the same requirements of this chapter as any other hazardous substance stored in underground tanks within the City of Vernon.

(Prior code § 13.43)

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 which is 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 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 local agency that all residual amounts of the hazardous substance or hazardous substances which 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 local agency determines is necessary, for the period of time the local agency requires.

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

(Prior code § 13.44)

A. Any operator of an underground storage tank shall be liable for a civil penalty of not less than $500.00 or more than $5,000.00 per day for any of the following:

1. Operates an underground storage tank which has not been issued a permit.

2. Fails to monitor the underground storage tank, as required by the permit.

3. Fails to maintain records, as required by Section 8.40.070.

4. Fails to report an unauthorized release, as required by Section 8.40.150.

5. Fails to properly close an underground storage tank, as required by Section 8.40.170.

B. Any owner of an underground storage tank shall be liable for a civil penalty of not less than $500.00 or more than $5,000.00 per day for any of the following:

1. Failure to obtain a permit as specified by this chapter.

2. Failure to repair an underground tank in accordance with the provisions of this chapter.

3. Abandonment or improper closure of any underground tank subject to the provisions of this chapter.

4. Knowing failure to take reasonable and necessary steps to assure compliance with this chapter by the operator of an underground tank.

C. Any person who falsifies any monitoring records required by this chapter, or knowingly fails to report an unauthorized release, shall, upon conviction, be punished by a fine of not less than $5,000.00 or more than $10,000.00, or by imprisonment in the County Jail for not to exceed one year, or by both that fine and imprisonment.

D. In determining both the civil and criminal penalties imposed pursuant to this section, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person who holds the permit.

E. Penalties under this section are in addition to, and do not supersede or limit, any and all other legal remedies and penalties, civil or criminal, which may be applicable under other laws.

(Prior code § 13.45)

The City Council of the City of Vernon hereby adopted by reference the requirements of: (a) the Underground Storage of Hazardous Substances Law, Chapter 6.7 of the Division 20 (commencing with Section 25280) of the California Health and Safety Code; and (b) Chapter 16 of Division 3, Title 23 of the California Code of Regulations pertaining thereto.

(Prior code § 13.46)

The local agency shall promulgate regulations to implement and clarify the requirements of this chapter, regulating the construction, operation, maintenance, monitoring and testing of underground storage tanks used for the storage of hazardous substances. Such regulations shall be effective only after approval by the City Council by its minute order. Upon approval, such regulations shall have the same force and effect as other provisions of this chapter.

(Prior code § 13.47)