Yuba County Municipal Code Ch. 7.08 Underground Storage Tanks

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State Law reference— Underground storage of hazardous substances, Health and Safety Code § 25280; local ordinances regulating underground storage tanks, Health and Safety Code § 25299.2.

This Chapter is adopted pursuant to the authority provided in Health and Safety Code § 25299.2.

(Prior Code, § 7.08.010; Ord. No. 969; Ord. No. 1139)

The Community Development and Services Agency's Environmental Health Department is hereby designated as the department responsible for administering and enforcing this Chapter.

(Prior Code, § 7.08.020; Ord. No. 1139; Ord. No. 1405)

Unless the context clearly requires otherwise, the terms used in this Chapter shall have the meaning of the definitions provided by Health and Safety Code § 25281 and 23 CCR § 2611.

(Prior Code, § 7.08.030; Ord. No. 1139)

(a) No person shall own or operate an underground storage tank unless a permit for its operation has been issued by the Environmental Health Department, except as provided in Subsection (b) below.

(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 or, if accepting a transferred permit, shall submit to the Environmental Health Department the completed form accepting the obligation of the transferred permit.

(1) The Environmental Health Department shall prepare a form which provides for the acceptance of the obligations of a transferred permit. The person assuming ownership shall complete the form accepting the obligations of the permit and submit the completed form to the Environmental Health Department within 30 days after the ownership of the underground storage tank is transferred.

(c) No permit to operate shall be issued unless the owner or operator is in compliance with the requirements of the Health and Safety Code and the California Code of Regulations.

(d) As a condition of the permit to operate the owner or operator shall monitor the tank(s) as set forth in the Health and Safety Code and the California Code of Regulations. Monitoring, testing, repair and closure records shall be maintained in sufficient detail to enable the Environmental Health Department to determine whether the tank(s) is in compliance with the provisions of this Chapter.

(Prior Code, § 7.08.040; Ord. No. 969; Ord. No. 1139; Ord. No. 1405)

(a) An application for a permit to operate an underground storage tank, or for renewal of the permit, shall be made by the owner or operator on a form supplied by the Environmental Health Department, and submitted with the appropriate fee, as specified herein.

(b) Each permittee shall complete an annual report form detailing any changes in the usage of any underground storage tanks.

(c) If a permittee stores a hazardous substance which is not identified in the application, the permittee shall apply for a new or amended permit within 30 days after commencing the storage of that hazardous substance.

(d) Permits shall be required for installing, repairing, removing or modifying any tank or tank system. Said permits shall be valid for 60 days but may be extended for an additional 30 days upon the written request of the owner or operator or his designee prior to the 60-day expiration date.

(Prior Code, § 7.08.050; Ord. No. 969; Ord. No. 1139; Ord. No. 1405)

A permit to operate an underground storage tank shall be operative, unless revoked, for a period of five years.

(Prior Code, § 7.08.060; Ord. No. 969; Ord. No. 1139)

(a) The Department of Environmental Health may revoke or modify a permit for cause due to any of the following:

(1) Violation of any term or condition of the permit.

(2) Nonpayment of fees.

(3) Violation of any provision of this Chapter or Health and Safety Code Div. 20, Ch. 6.7 (Health and Safety Code § 25280 et seq.) or the 23 CCR Div. 3, Ch. 16.

(4) Obtaining the permit by misrepresentation or intentional failure to fully disclose all relevant facts.

(5) A change in any condition which requires modification or termination of the operation of the underground storage tank.

(b) Revocation hearings shall be heard by the Director of the Department of Environmental Health. After an initial showing by the office the permittee shall present evidence, if any, why the permit should not be revoked. The Director shall render his or her decision in writing within ten calendar days of the hearing.

(1) All hearings shall be tape recorded.

(2) Notice of the hearing to revoke the permit shall be given, describing the reasons for revocation by certified mail, at least ten calendar days prior to the hearing.

(3) Any decision of the Director may be appealed to the Board of Supervisors by filing within ten calendar days of mailing of the director's decision, an appeal with the Clerk of the Board of Supervisors.

(Prior Code, § 7.08.070; Ord. No. 1139; Ord. No. 1405)

(a) All owners/operators of existing underground storage tanks shall prepare a written plan for routine monitoring and emergency response.

(b) The monitoring plan shall include the following:

(1) The methods and equipment to be used for performing the monitoring;

(2) The frequency of performing the monitoring;

(3) The locations where the monitoring will be performed;

(4) The name and title of the person(s) responsible for performing the monitoring;

(5) The reporting format;

(6) The preventative maintenance schedule for the monitoring equipment;

(7) A description of the required training for operation of both the tank system and the monitoring equipment.

(c) An emergency response plan shall demonstrate that any unauthorized release shall be promptly reported, and shall include, but not be limited to, the following:

(1) A description of the initial abatement activities in response to an unauthorized release.

(2) The name and title of the person(s) responsible for authorizing any work necessary under the emergency response plan.

(Prior Code, § 7.08.080; Ord. No. 969; Ord. No. 1139)

(a) A fee, as set forth in Chapter 13, shall be paid to the Environmental Health Department by each person who submits an application for a permit pursuant to Section 7.08.070.

(b) Annual fees, as set forth in Chapter 13, shall be paid to the Environmental Health Department for each underground storage tank. Annual fees shall be paid until the tank has been permanently closed as set forth herein.

(c) Annual fees not submitted by the due date shall be considered late and shall have late fees added to the balance due.

(d) Clean-up oversight fees required for site assessments shall be paid at the rate set by the Board of Supervisors in Chapter 13.

(e) Clean-up oversight fees include, but are not limited to, telephone calls, correspondence, site visits, consultations and all other activities associated with the oversight of a cleanup. Oversight fees shall be billed on a quarterly basis.

(Prior Code, § 7.08.090; Ord. No. 969; Ord. No. 1139; Ord. No. 1405)

(a) The Department of Environmental Health shall inspect every underground storage tank within its jurisdiction at least annually. The purpose of the inspection is to determine whether the tank complies with the provisions of the Health and Safety Code and the California Code of Regulations. After inspection, the Department of Environmental Health 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 Department of Environmental Health may require the permit holder to employ special inspectors to conduct an audit or assessment of the permit holders facility to determine whether the facility complies with the provisions specified in Subsection (a) and to prepare a special inspection report. A copy of this report shall be filed with the Department of Environmental Health. Within 30 days after receiving this report, the permit holder shall file with the Department of Environmental Health a plan to implement all recommendations contained in the report or shall demonstrate to the satisfaction of the Environmental Health Department these recommendations should not be implemented.

(Prior Code, § 7.08.100; Ord. No. 969; Ord. No. 1139; Ord. No. 1405)

In order to carry out the purposes of this Chapter, any employee of the Department of Environmental Health is hereby authorized to enter and inspect any place where underground storage tanks are located, and to enter and inspect real property which is located within 2,000 feet of any place where underground storage tanks are located. Said inspection shall be conducted at any reasonable hour of the day or as authorized pursuant to Code of Civil Procedure Pt. 3, Title 13 (Code of Civil Procedure § 1822.50 et seq.).

(Prior Code, § 7.08.110; Ord. No. 969; Ord. No. 1139; Ord. No. 1405)

The Department of Environmental Health as well as any applicants or permit holders shall comply with the provisions of Health and Safety Code § 25290 concerning trade secrets.

(Prior Code, § 7.08.120; Ord. No. 969; Ord. No. 1139; Ord. No. 1405)

Each underground storage tank shall comply with the technical and monitoring requirements set forth in the Health and Safety Code and the California Code of Regulations.

(Prior Code, § 7.08.130; Ord. No. 969; Ord. No. 1139)

All tank owners or operators shall provide evidence of the financial responsibility requirements pursuant to the California Code of Regulations. Proof of financial responsibility shall be a condition precedent to issuance of a permit to operate.

(Prior Code, § 7.08.140; Ord. No. 1139)

(a) The owner or operator shall, within 24 hours of discovery, report to the Environmental Health Department any unauthorized release, spill, or overfill.

(b) Reporting requirements contained herein are cumulative to the reporting requirements provided for in Water Code § 13271.

(c) The owner or operator shall immediately investigate any unauthorized release, spill or overfill, take measures to abate the release and, if necessary, remove the remaining stored substance from the tank. In the case of an emergency, the owner or operator shall also notify the State Office of Emergency Services.

(d) Within five working days of detecting an unauthorized release, spill or overfill, the owner or operator shall submit to the Environmental Health Department an Underground Storage Tank Unauthorized Release (Leak)/Contamination Site Report. The following information shall be included in the report:

(1) The location, amount and substance of the unauthorized release, spill or overfill.

(2) The method and location of disposal of the released hazardous substance, and/or contaminated soils, ground water or surface water.

(3) Copies of any completed hazardous waste manifests for off-site transport of the media described above.

(4) A description of the proposed method of repair or replacement of the primary and secondary containment.

(5) A description of any actions taken to prevent future releases.

(e) Until investigation and cleanup are complete, the owner or operator shall submit reports to the Environmental Health Department and regional board every three months or at a more frequent interval, as specified by the Environmental Health Department or regional board. The report shall include an update of previous information, and results of all investigations and corrective actions and other documentation as may be required by the Environmental Health Department.

(f) The owner or operator shall conduct initial abatement and site characterization actions as follows:

(1) Remove as much of the hazardous substance from the underground storage tank as is necessary to prevent further release to the environment.

(2) Visually inspect any above-ground releases or exposed below-ground releases and prevent further migration of the released substance into surrounding soils and groundwater.

(3) Monitor and mitigate any fire and safety hazards created by vapors or free product.

(4) Remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, or abatement activities.

(5) Determine the presence of free product. If found, removal of free product shall be in accordance with the applicable section in the California Code of Regulations.

(Prior Code, § 7.08.150; Ord. No. 969; Ord. No. 1139; Ord. No. 1405)

(a) All tank owners or operators shall comply with the requirements set forth in this Section and the California Code of Regulations whenever there is any reportable unauthorized release.

(b) Corrective action shall be in compliance with applicable sections of the Water Code and the Health and Safety Code. Work plans shall be in accordance with Corrective Action Regulations, and the California Code of Regulations. The owner or operator of the tank shall begin corrective action measures as directed and approved by the Environmental Health Department and/or the Regional Water Quality Control Board.

(c) Corrective action shall include, but not be limited to, the following phases:

(1) Preliminary Site assessment.

(2) Soil and Water investigation.

(3) Corrective Action Plan Implementation.

(4) Verification Monitoring.

(d) The owner or operator shall abate or correct the actual or potential effects of an unauthorized release as directed by the Department of Environmental Health.

(e) The owner or operator shall submit a work plan to the Environmental Health Department for corrective action at the underground storage tank site. The work plan shall include the proposed actions and a proposed work schedule. The work plan may be modified, as necessary, at the direction of the Office of Emergency Services. Submittal of work plans shall occur within 90 days of notification or as otherwise directed by the Environmental Health Department.

(Prior Code, § 7.08.160; Ord. No. 1139; Ord. No. 1405)

(a) No person shall abandon, close, or temporarily cease operating an underground tank except as provided for in this Section.

(b) Temporary closure requirements of Subsection (d) shall apply to those underground storage tanks in which the storage of hazardous substances has ceased but the underground storage tank may be used for the storage of hazardous substances within the next 12 months.

(c) Underground storage tanks that have emitted an unauthorized release do not qualify for temporary closure pursuant to Subsection (d) unless the tank owner demonstrates to the Environmental Health Department that appropriate authorized repairs have been made which would make the underground storage tank capable of storing hazardous substances in accordance with the permit to operate.

(d) The owner or operator shall comply with all of the following requirements to complete and maintain temporary closure of an underground storage tank:

(1) Provide soil samples to demonstrate that the tank has not experienced an unauthorized release.

(2) All residual liquids, solids, or sludges shall be removed and handled pursuant to the applicable provisions of Health and Safety Code Div. 20, Ch. 6.5 (Health and Safety Code § 25100 et seq.) and Health and Safety Code Div. 20, Ch. 6.6 (Health and Safety Code § 25169.5).

(3) If the underground storage tank contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, the underground storage tank shall be inerted, as often as necessary, to levels that will preclude an explosion or to such lower levels as may be required by the Environmental Health Department.

(4) The underground storage tank may be filled with noncorrosive liquid that is not a hazardous substance. This liquid shall be tested and the test results shall be submitted to the Department of Environmental Health prior to its being removed from the underground storage tank at the end of the temporary closure period.

(5) Except for required venting, all fills, access locations and piping shall be sealed utilizing locked caps or concrete plugs.

(6) Power shall be disconnected from all pumps associated with the use of the underground storage tank unless the power services other equipment which is not being closed, including, but not limited to, impressed current cathodic protection systems.

(e) The monitoring required pursuant to the permit may be modified by the Environmental Health Department during the temporary closure period.

(f) No contractor shall excavate or remove an underground storage tank unless they are properly licensed contractors possessing the required hazardous waste certification.

(g) The owner or operator of an underground storage tank being permanently closed, removed, or closed in place, shall demonstrate to the satisfaction of Environmental Health Department that no unauthorized release has occurred. Soil and water samples, if required, shall be analyzed by a State approved lab.

(h) For tank removal, the tank owner or operator shall comply with the following requirements:

(1) All residual liquid, solids, or sludges shall be removed, and handled as a hazardous waste or recyclable materials in accordance with applicable sections of the Health and Safety Code.

(2) Tanks shall be inerted or purged prior to handling.

(3) If the tank, or any portion thereof, is destined for a specific reuse, the owner shall advise the Environmental Health Department of the name of the new owner or operator, the location of use, and the nature of use. The tank shall be reused within 90 days of removal.

(4) If not destined for a specific reuse, or reused within 90 days, the tank shall be manifested and hauled by a licensed hauler to a licensed Treatment, Storage, or Disposal (TSD) facility.

(5) Associated piping must be flushed, excavated, removed, and properly disposed of, unless determined unfeasible by the Environmental Health Department. If unfeasible, piping must be capped.

(i) Where the underground storage tank is to be permanently closed in place, the following requirements shall be met:

(1) All residual liquid, solids, or sludges shall be removed, and handled as a hazardous waste or recyclable material in accordance with applicable sections of the Health and Safety Code.

(2) All piping associated with the underground storage tank shall be removed and disposed of unless removal might damage structures, including pipes, that are contained in a common trench, in which case the piping to be closed shall be emptied of all contents and capped.

(3) The underground storage tank, except for piping that is closed pursuant to Subsection (i)(2) above, shall be completely filled with an inert solid.

(4) Where an underground storage tank is closed in place, if the depth to groundwater is less than 20 feet, a groundwater monitoring well shall be installed adjacent to the tank in the verified down gradient direction.

(j) If an unauthorized release has occurred, reporting and corrective action requirements shall be met.

(Prior Code, § 7.08.170; Ord. No. 1139; Ord. No. 1405)

(a) Underground storage tank repairs and upgrades shall be in accordance with applicable sections in the Health and Safety Code and the California Code of Regulations.

(b) Any repair of existing product lines shall require that the product lines comply with current regulations. Soil samples shall be taken, and analyzed for hazardous substances, every 20 linear feet, or at piping joints if less than 20 linear feet.

(Prior Code, § 7.08.180; Ord. No. 1139)

(a) Civil penalties.

(1) Any owner or 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 for each underground storage tank for each day of violation for any of the following violations:

a. Any violation of any provision of this Chapter.

b. Any violation of any section of the Health and Safety Code identified in Health and Safety Code § 25299.

(b) In determining the civil 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.

(Prior Code, § 7.08.190; Ord. No. 969; Ord. No. 1139)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.