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ORDINANCE NO.
MC-327
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 8.01.010 TO ADOPT BY REFERENCE
THAT CERTAIN CODE KNOWN AS TITLE III OF THE SAN BERNARDINO COUNTY
CODE AND THE WHOLE THEREOF AS CURRENTLY EXISTING, INCLUDING TITLE
1111, DIVISION 8, CHAPTERS 1 THROUGH 11 INCLUSIVE THEREOF,
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PERTAINING TO UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES,
EFFECTIVE IMMEDIATELY, AND DECLARING THE URGENCY THEREOF.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that the
9 Legislature of the State of California has adopted, and the
10 Governor has signed, Assembly Bill No. 1362, chaptered as Chapter
11 1046 of the Laws of 1983, relating to hazardous substances. This
12 act provides, among other things, that a city which, prior to
13 January 1, 1984, has adopted an ordinance meeting certain minimum
14 criteria, is exempt from the full provisions of the State law.
15 The City of San Bernardino has previously adopted Title III of the
16 'San Bernardino County Code and the whole thereof as amended, save
17 and except such portions as are specifically deleted, modified or
18 amended, as the Health and Sanitation Code for the City of San
19 Bernardino. The City of San Bernardino now desires to readopt
20 that certain code known as Title III of the San Bernardino County
21 Code, specifically to include Title III, Division 8, Chapters
22 1 through 11, inclusive, of the San Bernardino County Code, being
23 that code provision relating to underground storage of hazardous
24 substances, and to designate the Department of Environmental
25 Health Services of the County of San Bernardino as the
26 implementing agency for such code.
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SECTION 2. San Bernardino Municipal Code Section 8.01.010 is
28 amended to read as follows:
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"8.01.010 Purpose.
For the purpose of providing regulations relating to public
health, sanitation, underground storage of hazardous substances,
the issuance of permits and the collection of fees, and providing
penalties for the violations of such regulations, there is hereby
adopted by the City of San Bernardino as its Health, Sanitation
and Hazardous Substances Code that certain code known as Title III
of the San Bernardino County Code and the whole thereof as
amended, as in effect as of this date, save and except such
portions as are deleted, modified or amended by other provisions
of the San Bernardino Municipal Code. This code specifically
adopts Title III, Division 8, Chapters 1 through 11, inclusive, of
the San Bernardino County Code, entitled "Underground Storage of
Hazardous Substances". The City of San Bernardino hereby
designates the Department of Environmental Health Services of the
County of San Bernardino as the implementing agency for Title III,
Division 8, Chapters 1 through 11, inclusive, of the San
Bernardino County Code, as adopted by the City of San Bernardino.
Not less than three copies of said code have been filed and now
are on file in the Office of the City Clerk of San Bernardino and
the same are hereby adopted and incorporated as fully as if set
out at length herein."
SECTION 3. Urgency. This ordinance is effective immediately'
upon its adoption. The factors constituting urgency are the need
for immediate control of underground storage of hazardous
substances, and the fact that, unless this ordinance is adopted
and in effect prior to January 1, 1984, the State requirements
regarding underground storage of hazardous substances will take
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effect within the City of San Bernardino, and the City of San
Bernardino will be unable to regulate and control the program
under the provisions of City ordinance. Further, adoption of this
ordinance prior to January 1, 1984 will help assure County-wide
uniformity and local control within the County of San Bernardino,
under the County of San Bernardino's Department of Environmental
Health Services.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
reqular
the 19th day of
, 1983, by the following vote,
December
to wit:
AYES:
Council Members Castaneda, Reillv, Hernandez,
Marks, Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
The foregoing ordinance is
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of
, 1983.
December
Approved as to form:
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City A torney
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MC-327
UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES
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A. For purposes of this chapter, the following definitions applY'. ~ /
(a) "Department" means the Department of Environmental Health Services/
(b) "Facility" means anyone, or combination of, underground storage tanks
used by a single business entity at a single location or site.
(c) "Hazardous subst.ance" means all of the foUowing liquid and
substances, unless the Department, in consultation with the State
Resources Control Board, determines the substance could not adversely affect
the quality of the waters of the state:
(1) Substances on the list. prepared by the Director of the Department of
Industrial Relations pursuant to Section 6382 of the Labor Code.
(2) Hazardous substances. as defined in Heal t.h and Safety Code
(3) Any substance or material which is classified by the
Protection Association (NFPA) as a flammable liquid, 8 class
liquid, or a class III-A combustible liquid.
(d) "Person" means an individual, trust, firm, joint. stock company.
corporation, including a government corporation, part.nership, and
associat.ion. "Person" also includes any city, count.y, district, the state, or
any department or agency thereof.
(e) "Board" means the State Water Resources Control Board.
(f) "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.
(g) "Product-tight" means impervious to the subst.ance 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 is contains over the
useful life of the tank.
(h) "Secondary cont.ainment" means the level of containment. ext.ernal to, and
separate from, the primary containment.
(i) "Single-wa] led" means construction with wa] Is made of only one thickness
of material. For the purpose of this chapter, laminated, coated, or clad
materials shall be considered single-walled.
(j) "Storage" or "store" means the containment, handling or t.reatment of
hazardous substances, either on a temporary basis or for a period of years.
"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 department pursuant to H&S Code
Section 25200 or granted interim status under H&S Code Section 25200.5.
(k) "Unauthorized release" means any release or emission of any hazardous
substance 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.
(1) "Underground storage tank" means anyone 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.
(m) "Special inspectors" means a professional engineer, regist.ered 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 compatibi li ty of construction materials wi th
content.s, cathodic protection, and the mechanical compatibility of the
structural elements.
solid
Hater
Section 25316.
National Fire
II combustible
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(n) "Owner" means the owner of an underground storage tank.
(0) "Operator" means the operator of an underground storage tank
(p) "Pipe" means any pipeline or system of pipelines which is used in
connection with the storage of hazardous substances and which are not innended
to transport hazardous substances in interstate or intrastate commerce or to
transfer hazardous materials in bulk to or from a marine vessel.
B. (a) Except as provided in subdivision (b), no person shall own or
operate an underground storage tank unless a permit for its operation has been
issued by the Department to the owner. Each 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 transfer'red the permit to operate the tank.
That person shall complete the form accepting the obligations of the permit and
submit the completed form to the local agency at least 30 days after the
ownership of the underground storage tanks is to be transferred. The
Department may review and modify, or terminate, the transfer of the permit to
operate the underground storage tank, pursuant to the criteria specified in
subdivision (c) of Section I upon receiving the completed form.
(b) Any person assuming ownership of an underground storflge 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 permi t pursuant to Section C or, if accepti ng a transferred
permit, shall submit to the Department the completed form accepting the
obligations of the transferred permit, as specified in subdivision (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.
E.:. (a) An appli.cation for a permit to operate an underground storage tank,
or for renewal of the permit, shall be made, by the owner, on a standardi zed
form prepared by the board and provided by the Department and shall be
accompflnied by the appropriate fee, as specified in Section D. The
Depflrtmentshall 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 underground 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.
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(c) As a condition of any permit to operate an underground storage tank, the
permi ttee shall complete an annual report form, prepared by the board, 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 occurrence, as defined in Sections K and L.
(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
paragraph (2) of subdivision (b), the permittee shall apply for a new or
amended permit wi thin 30 days after commencing the storage of that hazardous
substance,
~ A fee shall be paid to the Department by each person who submits an
application for a permit to operate an underground storage tank or to renew or
amend a permit. The Department shall establish the amount of the fees at a
level sufficient to pay the necessary and reasonable costs incurred in
administering this chapter, including, but not limited to, permitting and
inspection responsibili ties. The governing body may provide for the wa i ver of
fees when a public agency makes an application for a permit to operate or an
application to renew a permit.
!:.. (a) The Department 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 Sections H or I, whichever is applicable, whether the
operator has monitored end tested the tank as required by the permit., and
whether the tank is in a safe operating condition. After an inspection, the
Department shal I prepare a compliance report detailing the inspection and
shallsend a copy of this report to the permitholder.
(b) In addition to, or instead of, the inspections specified in sUbdivision
(a), the Department may require the permitholder to employ, periodically,
special inspectors to conduct an auditor assessment of the permi tholder' s
facili ty to determine whether the facility complies with the factors specified
in subd i vision (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 Department at the same time the inspector submits the report to
the permitholder. Within 30 days after receiving this report, the permitholder
shall file with the Department a plan to implement all recommendations
contained in the report or shall demonstrate, to the satisfaction of the
Department, why these recommendations should not be implemented.
F. In order to carry out the purposes of this chapter, any duly authorized
representative of the Department or the board has the authority specified in
H&S Code Section 25185, with respect to any place where underground storage
tanks are located, and in H&S Code Section 25185.5, with respect to real
property which is within 2,000 feet of any place where underground storage
tanks are located.
G. (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.
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(b) The board or the Department may diclose trade secrets received by the
board or the Department pursuant to this chapter to authorized representatives
or other governmental agencies only in connection with the board I s or the
Department I s responsibiJ ities pursuant to this chapter. The board and the
Department shall establish procedures to ensure that these trade secrets are
utilized only in connection with thesf' responsibilities and are not otherwise
disseminated without the consent of the person who provided the information to
the board or the Department.
(c) Any person providing information pursuant to Section C shall. at the
time of its submission, identify all inform~tion which the person believes is a
trade secret. Any information or record not identi fied as a trade secret is
available to the public, unless exempted from disclosure by other provisions of
law.
(d) Where the Department, by ord i nance,
listing of a substance which is a trade
substance shall provide the identification
board pursuant to this section.
provides an alternative to the
secret, the person storing that
of the material directly to the
H. Every undf'rground storage tank installed after January 1, 19P4, 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 structual
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 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 150 percent of the volume of the largest primary t.ank
placed in it, or 10 percent of the aggregate intern~l volume of all primary
tanks, whichever is greater.
(5) If the facility is open t.o rainfall, then the secondary cont.ainment 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 st.orage t.ank providing both a primary and a secondary containment..
(7) The design and construction of underground st.orage t.anks for motor
vehicle fuels storage need not meet. t.he requirement.s of paragraphs (1) to (6),
inclusive, if the primary containment construction is of glass fibre,
reinforced plastic, cathodically prot.ected steel, or steel clad with glalss
fibre reinforced plastic, 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 and which is designed to provide early leak detection,
response, and to protect groundwater from releases, and if the monitoring is in
accordance with the al ternat.i ve met.hod identified in paragraph (3) of
subdivision (b) of Section I. Pressurized piping systems connected to
underground storage tanks used for the stor:>ge of motor vehicle fuels and
monitored in accordance with paragraph (3) of subidivision (b) of Section J
shall also be deemed to meet the requirement.s of this subdivision.
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(b) Be designed and constructed with a monitoring system capable of
detecting the entry of the hazardous material stored in thp primary containment
into the secondary containment. Jf water could intrude into the secondary
containment, a means of monitorng for water intrusion and for safely removing
the water shall also be provided.
(c) When required by the Department, 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 paragraph.
(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 or
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 contaminiltion and a means
of disposing of the water, if so contaminated, at an authorized disposal
facil i ty.
J. For every underground storage tank installed on or before January 1,
1984, and used for the storage of hazardous substances, the following actions
shall be taken:
(a) On or before January 1, 1985, the owner shall outfi t 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 moni toring required by subd i vi sion (a). Alternati ve
methods of monitoring the tank on a monthly, or more frequent basis, may be
required by the Department, consistent with the regulations of the board.
The al tern?ti ve monitoring methods include, but are not limited to, the
following methods:
(1) Pressure testing, vacuum testing or hydrostatic testing of the piping
systems or underground storage tanks.
(2) A groundwater monitoring well or wells which are down gradient and
adjacent to the underground storage tank, vapor analysis wi thin a well where
appropriate, and analysis of soil borings at the time of initial installation
of the well. The Department, or any other public agency specified by the
Department, sha) 1 approve the location and number of wells, the depth of wells
and the sampling frequency, pursuant to these regulations.
(3) For monitoring tanks containing motor vehicle fuels, daily g?uging and
inventory reconciliation by the operator, if inventory records are kept on file
for one year and are reviewed quarterly, the tank is tested for tightness
hydrostatically or, when appropriate with pressure between three and five
pounds, inclusive, per square inch at time interv?ls specified by the board and
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 where appropriate, with pressure between three and five
pounds, incl usi ve, per square inch whenever there is a shortage greater than
the amount which the board shall specify by regulation.
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~ 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 Department to determine that
the operator has undertaken all monitoring activities required by the permit to
operate.
If the operator is not the owner, the owner shall provide a copy of the
permi t 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 25287, or a summary of this
section, in the form which the board specifies by regulation. The owner shall
notify the Department of any change of operator.
K. Any unauthorized release from the primary containment which the operator
isable to cleanup wi thin 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.
L. (a) 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 or the Department wi thin 24 hours after the release
has been detected or should have been detected. A full written report shall be
transmi tted by the owner or operator of the underground storage tanks wi thin
five working days of the occurrence of the release.
The Department shall review the permit whenever there has been an
unauthorized release or when it determines that the underground sttorage tank
is unsafe. In determining whether to modify or terminate the permit, the
Department 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 unautnori zed releases, and the sui tabili ty of any other long-term
measures preventive measures which would meet the requirements of this chapter.
(b) The reporting requirements imposed by this section are in addition to
any requirements which may be immposed by Section 13271 of the Water Code.
M. If there has been any unauthorized release, as defined in subdivision
(a) of Section L, from an underground storage tank containing motor vehicle
fuel not under pressure, the permit holder may repair the tank once by an
interior-coating process if the tank meets all of the following requirements:
(a) An ultrasonic test, or comparable test, has been conducted to determine
the thickness of the storage tank. If the result of the test indicates that a
serious problem exists with regard to the tank. as determined by the
personconducting the test, the Department may require additional corrosion
protection for the tank or may deny the authorization to repair.
(b) A hydrostatic test is an alternative to the ultrasonic test in
subdivision (a). If the result of the test indicates that a serious problem
exists with regard to the integrity of the tank, as determined by the person
conducting the test or the Department, the Department may require additional
protection for the tank or may deny authorization for the repair.
(c) A vacuum test has been conducted with a result indexed at not more than
5.3 inches of mercury. This requirement shall not be applicable if technology
is not available for testing the tank on si te using accepted engineering
practices.
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(d) Following the repair, the standard installation testing for requirements
for underground storage tanks specified in Section 2-7.:> of the Flammable and
Combustible Liquids Code, adopted by the National Fire Protection Association
on November 20, 1981 (NFPA 30-1981), and published in the 1982 edition of the
National Fire Code shall be followed.
(e) The material used to repair the tank by an interior-coating process is
compatible with the motor vehicle fuel that is stored, as approved by the board
by regulation.
(f) The material used to repair the tank by an interior-coating process is
applied in accordance with nationally recognized engineering practices such as
the American Petroleum Institute I s recommended practice No. 1631 for the
interior lining of existing underground storage tanks.
(g) The board may develop regulations, in consultation with the State Fire
Marshal, for the repair of underground storage tanks, and the standards in this
section shall remain in effect until the adoption of these regulations.
~ (a) No person shall abandon an underground storage tank or close or
temporarily cease operating an underground storage tank, except as provided in
thi s sec tion .
(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 subd i vision (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 Department 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. t.o the public safety
and the possibility of water intrusion into, or runoff from, the tank.
(3) Provides for, and carries out, the maintenance of t.he tank as the
Department determines is necessary, for the period of time the Department
requires.
(4) Demonstrates to the Department that there has been no significant soil
contamination resulting from a discharge in the area surrounding the
underground storage tank or facility.
O. (a) Any operator of an underground storage tank shall be liable for a
civil penalty of not less than five hundred dollars ($500) or more than five
thousand dollars ($5,000) 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 C.
(4) Fails to report an unauthorized release, as required by Sections K and L.
(5) Fails to properly close an underground storage tank, as required by
Section N.
(b) Any owner of an underground storage tank shall be liable for a civil
penalty of not less than five hundred dollars ($500) or more than five thousand
dollars ($5,000) per day for any of the following:
(1) Failure to obtain a permit as specified by this chapter.
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(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 reason2ble 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, sh211, upon
conviction, be punished by a fine of not less than five thousand dollars
($5,000) or more than ten thousand dollars (:i'10,oon), or by imprisonment i.n 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 via) ation 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.
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MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
DECEMBER 19, 1983
ORDINANCE 2819: EHS: UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES:
ADOPTED:
On motion by Supervisor Townsend, seconded by Supervisor Riordan
and carried, the Board of Supervisors hereby adopts Ordinance 2819
as the same is set forth in Ordinance Book No. 29 and is entitled:
"AN ORDINANCE OF THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AMENDING THE COUNTY CODE BY ADDING A NEW
DIVISION 8 TO TITLE 3, WHICH ADDS PROVISIONS PERTAINING
TO UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES."
and is adopted by the following roll call vote:
AYES: 'Joyner, Riordan, Townsend, Hammock, McElwain
NOES: None
ABSENT: None
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DECEMBER 19, 1983
MS
ITEM NO. 73
MC-327
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thereof, regardless of the fact that one or more parts hereof be
declared unconstitutional or invalid.
SECTION 2. This ordinance shall take effect thirty (30)'days
from the date of adoption.
CAL McELWAIN, Chairman
Board of Supervisors
ATTEST:
MARTHA M. SEKERAK, Clerk of
the Board of Supervisors
STATE OF CALIFORNIA
ss.
COUNTY OF SAN BERNARDINO
I, MARTHA M. SEKERAK, Clerk of the Board of Supervisors
of the County of San Bernardino, State of California, hereby
certify that at a regular meeting of the Board of Supervisors of
said County and State, held on the 19th day of December
1983, at which meeting were present Supervisors: John .Toynpr R"rhar
Cram Riordan. Robert O. Townsend. Robert L. Hammock Ca1 MrF,lw"ir ,
and the Clerk, the foregoing ordinance was passed and adopted by
the following vote, to wit:
AYES: SUPERVISORS: Joyner. Riordan, Townsend.
Hammock, McElwain
NOES: SUPERVISORS: None
ABSENT: SUPERVISORS: None
the
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Deputy
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ORDINANCE NO. 2819
AN ORDINANCE OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AMENDING THE COUNTY CODE BY ADDING A NEW
DIVISION 8 TO TITLE 3, w~ICH ADDS PROVISIONS
PERTAINING TO UNDERGROUND STORAGE OF HAZARDOUS
SUBSTANCES
The Board of Supervisors of the County of San Bernardino,
State of California, does ordain as follows:
SECTION 1.
amended by amending
be as follows:
Chapters:
l.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Sections:
38. all
The San Bernardino County Code is hereby
DIVISION 8 of Title 3, which division shall
DIVISION 8
UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES
Definitions
Permits
Fee Requirement
Inspections
Confidential Matter
Storage Tank Requirements
Monitoring and Reporting
Modifying and Terminating Permits
Repair of Underground Storage Tanks
Underground Storage Tank Not in Use
Fines and Penalties
Chapter 1
DEFINITIONS
Definitions
38. all
Definitions
35 For purposes of this chapter, the following definitions
36 apply:
PAG:vk:m
12/12/83
12/19/83
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(3) Provides for, and carries out, the maintenance
of the tank as the Department determines is necessary, for the
period of time the Department requires.
(4) Demonstrates to the Department that there has
been no significant soil contamination resulting from a discharge
in the area surrounding the underground storage tank or facility.
-,
Chapter 11
FINES AND PENALTIES
Section:
38.111. Fines and Penalties
38.111
Fines and penalties
(a) Any operator of an underground storage tank shall b~
liable for a civil penalty of not less than five hundred dollars
($500.00) or more than five thousand dollars ($5,000.00)' per day
for any of the following:
(I)' 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 35.022.
(4) Fails to report an unauthorized release, as
required by Section 38.072.
(5) Fails to properly close an underground storage
tank, as required by Section 38.l01.
(b) Any owner of an ~nderground storage tank shall be
liable for a civil penalty of not less than five hundred dollars
($500.00) or more than five thousand dollars ($5,000.00)"per day
for any of the following:
(1) Failure to obtain a permit as specified by this
division.
(2) Failure to repair an underground tank in
accordance with the provisions of this division.
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(h). "Secondary containment" means the level of contain-
ment external to, and separate from, the primary containment.
(i) "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.
(j) "Storage" or "store" means the containment,
handling or treatment of hazardous substances, either on a
temporary basis or for a period of years. "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 department pursuant to
California Health and Safety Code Section 25200 or granted
interim status under California Health and Safety Code Section
25200.5.
(k) "Unauthorized release" means any release or
emission of any hazardous substance 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 California Water Code.
(1) "Underground storage tank" means anyone or
combination of tanks, including pipes connected thereto, which is
used for the storage of hazardous substa~ces and which is
substantially or totally beneath the surface of the ground.
(m)' "Special inspectors" means a professional
engineer, registered pursuant to Chapter 7 (commencing with
Section 6700) of Division 3 of the California 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.
(n) "Owner" means the owner of an underground storage
tank.
(0) "Operator" means the operator of an underground
storage tank.
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Chapter 9
REPAIR OF UNDERGROUND STORAGE TANKS
Section:
38.091 Repair of Underground Storage Tanks
38.091 Repair of Underground Storage Tanks
If there has been any unauthorlzed release, as defined in
subdivision (dt of Section 38.072, from an underground storage tan
containing motor vehicle fuel not under pressure, the permit holde
may repair the tank once by an interior-coating process if the tan
meets all of the following requirements:
(a) An ultrasonic test, or comparable test, has been
conducted to determine the thickness of the storage tank. If the
result of the test indicates that a serious problem exists with
regard to the tank, as determined by the person conducting the
test, the Department may require additional corrosion protection
for the tank or may deny the authorization to repair.
(bt A hydrostatic test is an alternative to the ultra-
sonic test in subdivision (a). If the result of the test indicate
that a serious problem exists with regard to the integrity of the
tank, as determined by the person conducting the test or the
Department, the Department may require additional protection for
the tank or may deny authorization for the repair.
(c) A vacuum test has been conducted with a result
indexed at not more than 5.3 inches of mercury. This requirement
shall not be applicable if tech~ology is not available for testing
the tank on site using accepted engineering practices.
(d) Following the repair, the standard installation I
testing for requirements for underground storage tanks specified i1
Section 2-7.3 of the Flammable and Combustible Liquids Code,
adopted by the National Fire Protection Association on November 20,
1981 (NFPA 30~1981), and published in the 1982 Edition of the
National Fire Code shall be followed.
(e) The material used to repair the tank by an interior-
coating process is compatible with the motor vehicle fuel that is
stored, as approved by the Board by regulation.
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(1) Pressure testing, vacuum testing or hydrostatic
testing or the piping systems or underground storage tanks.
(2) A groundwater monitoring well or wells which ar
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
Department, or any other public agency tpecified by the Department
shall approve the location and number of wells, the depth of wells
and the sampling frequency, pursuant to these regulations.
(3) For monitoring tanks containing motor vehicle
fuels daily gauging and inventory reconciliation by the operator, j
if inventory records are kept on file for one year and are reviewe
quarterly, the tank is tested for tightness hydrostatically or,
when appropriate with pressure between three and five pounds,
inclusive per square inch at time intervals specified by the Board
and whenever any pressurized system has a leak detection device to
monitor for leaks in the piping. The tank shall also be tested fo
tightness hydrostatically or where appropriate, with pressure
between three and five pounds, inclusive, per square inch whenever
there is a shortage greater than the amount which the Board shall
specify by regulation.
38.072 Records and Reporting
(a) The operator of the underground storage facility
shall monitor the facility using the method specified on the permi
for the facility. Records shal~ be kept in sufficient detail to
enable the Department to determine that the operator has undertake
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 25287 of California Health and Safety Code, or a
summary of this section, in the form which the Board specifies by
regulation. The owner shall notify the Department of any change 0
operator.
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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.
(7) The design and construction of underground
storage tanks for motor vehicle fuels storage need not meet the
requirements of paragraphs (l)"to (6), inclusive, if the primary
containment construction is of glass fibre, ~einforced plastic,
cathodically protected steel, or steel clad with glass fibre
reinforce plastic, 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 and
which is designed to provide early leak detection, response, and t
protect groundwater from releases, and if the monitoring is in
accordance with the alternative method identified in paragraph (3)
of subdivision (b) of Section 38.071. Pressurized piping systems
connected to underground storage tanks used for the storage of
motor vehicle fuels and monitored in accordance with paragraph (3)
of subdivision (b) of Section 38.071 shall also be deemed to meet
22 the requirements of this subdivision.
23 (b) Be designed anj constructed with a monitoring system
24 capable of detecting the entry of the hazardous material stored in
25 the primary containment into the secondary containment. If water
26 could intrude into the secondary, containment, a means of monitorin
27 for water intrusion and for safely removing the water shall also b
28 s>rovided.
29 (c) When required by the Des>artment, a means of overfill
30 protection for any primary tank, including an overfill prevention
31 device or an attention-getting higher level alarm, or both.
32 Primary tank filling operations of underground storage tanks
33 containing motor vehicle fuels which are visually monitored and
34 controlled by a facility operator satisfy the requirements of this
35 paragraph.
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38.042 Entry Onto property for Inspection
In order to carry out the purposes of this division, a,
duly authorized representative of the Department or the Board h
the authority specified in California Health and Safety Code
Section 25185, with respect to any place where underground
storage tanks are located, and in California Health and Safety
Code Section 25185.5, with respect to real property which is
within 2,000 feet of any place where underground storage tanks
are located.
Chapter 5
CONFIDENTIAL MATTER
38.051
Trade Secrets
(al' "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 co~~ercial concern w
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 Board or the Department may disclose trade
secrets received by the Board or the Department pursuant to thi
chapter to authorized representatives or other governmental
agencies only in connection with the Board's or the Department'
responsibilities pursuant to this chapter. The Board and the
Department shall establish procedures to ensure that these trac
secrets are utilized only in connection with these responsi-
bilities and are not otherwise disseminated without the consent
of the person who provided the information to the Board or the
Department.
(c) Any person providing information pursuant to
Section 38.022 shall, at the time of its submission, identify c
information which the person believes is a trade secret. Any
information or record not identified as a trade secret is
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(c) As a condition of any permit to operate an
underground storage tank, the permittee shall complete an annual
report form, prepared by the Board, 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 occurrence, as defined in
Section 38.072.
(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 paragraph (2) of subdivision (b), the
permittee shall apply for a new or amended permit within thirty
(30) days after commencing the storage of that hazardous
substance.
Chapter 3
FEE REQUIREMENT
Section:
38.031. Fee for Underground Storage Tank Permits
38.031 Fee for Underground Storage Tank Permits
A fee shall be paid to the Department by each person who
submits an application for a permit to operate an underground
storage tank or to renew or amend a permit. The County of San
Bernardino shall establish the amount of the fees at a level
sufficient to pay the necessary and reasonable costs incurred in
administering this chapter, inc~uding, but not limited to,
permitting and inspection responsibilities. The County Board of
Supervisors 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.
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(p) "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.
Chapter 2
Permi ts
Chapters:
38.021.
38.022
Permit Requirements
Permit Applications
38.021. Permit Requirements
(a) Except as provided in subdivision (b)'i no person
shall own or operate an underground storage tank unless a permit
for its operation has been issued by the Department to the
owner. County of San Bernardino 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 from the previous
owner and is to be transferred the permit to operate the tank.
That person shall complete the form accepting the obligations of
the permit and submit the completed form to the Department at
least thirty (30) days after the ownership of the underground
storage tanks is to be transfer~ed. The Department may review
and modify, or terminate, the transfer of the permit to operate
the undergro~nd storage tank, pursuant to the criteria specified
in subdivision (c) of Section 38.022 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 thirty
(30) days after the date of assumption of ownership to apply for
an operating permit pursuant to Section 38.022 or, if accepting a
transferred permit, shall submit to the Department the completed
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(a) "Department" means the San Bernardino County
Department of Environmental Health Services.
(b)' "Facility" means anyone, or combination of, under-
ground storage tanks used by a single business entity at a single
location or site.
(c) "Hazardous substance" means all of the following
liquid and solid substances, unless the 'Department, in
consultation with the State Water Resources Control,Board,
determines the substance could not adversely affect the quality
of the waters of the state:
(1) Substances on the list prepared by the
Director of the Department of Industrial Relations pursuant to
Section 6382 of the Labor Code.
(2) Hazardous substances, as defined in Health and
Safety Code Section 25316.
(3) Any substance or material which is classified
by the National Fire Protection Association (NFPA) as a flammable
liquid, a class II combustible liquid, or a class III-A
combustible liquid.
(d) "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.
(e) "Board" means the State Water Resources Control
Board.
(f)" "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.
(g) "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.
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form accepting the obligations of the transferred permit, as
specified in subdivision (aJ". 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.
Permit Application
(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 prepared by the Board
and provided by the Department and shall be accompanied by the
appropriate fee, as specified in Chapter 3. The Department 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,
the hazardous substances for each underground storage
38.022
specifying
tank.
(3) A description of the monitoring program for
the underground 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 telephone 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.
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Chapter 4
INSPECTIONS
Sections:
38.041.
38.042
Inspections of Underground Storage Tanks
Entry Onto Property for Inspection
38.041. Inspections of Underground Storage Tanks
(a) The Department 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 38.061 or 38.071, 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 Department shall prepare a compliance
report, detailing the inspection and shall send a copy of this
report to the permitholder.
(b) In addition to, or instead of, the inspections
specified in subdivision (a), the Department may require the
permitholder to employ, periodically, special inspectors to
conduct an audit or assessment of the permitholder's facility to
determine whether the facility complies wi~h the factors
specified in subdivision (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 divisio~,
where ~ppropriate. A copy of the report shall be filed with the
Department at the same time the inspector submits the report to
the permitholder. Within 30 days after receiving this report,
the permitholder shall file with the Department a plan to
implement all recommendations contained in the report or shall
demonstrate, to the satisfaction of the Department, why these
recommendations should not be implemented.
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available to the public, unless exempted from disclosure by other
provisions of law.
(d) Where the County of San Bernardino, by ordinance,
provides an alternative to the listing of a substance which is a
trade secret, the person storing that substance shall provide the
identification of the material directly to the Board pursuant to
this section.
Chapter 6
STORAGE TANK REQUIREMENTS
Section:
38.06L
Requirements
38.061 Requirements
Every underground storage tank installed after January 1,
1984, 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 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 150 percent 0
the volume of the largest primary tank placed in it, or 10 percent
of the aggregate internal volume of all primary tanks, whichever i
greater.
(5) If the facility is open to rainfall, then the
secondary containmenc must be able to additionally accommodate the
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(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 or infiltration, the facility shall contain a
means of removing the water by the owner or operator. This remova
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.
Chapter 7
MONITORING AND REPORTING
Sections:
38.071
38.072
Monitoring Devices
Records and Reporting
38.071. Monitoring Devices
For every underground storage tank installed on or before
January 1, 1984, and used for the storage ?f hazardous substances,
the following actions shall be taken:
(at 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
subdivision (a). Alternative methods of monitoring the tank on a
monthly, or more frequent basis, may be required by the Department,
consistent with the regulations of the Board.
The alternative monitoring methods include, but are not
limited to, the following methods:
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(c) Any unauthorized release from the primary containment
which the operator is able to cleanup within eight hours, and whic
does not escape from the secondary containment, does not increase
the hazard of fire or explosion and does not cause any deterio-
ration of the secondary containment of the underground storage
tank, shall be recorded on the operator's monitoring reports.
(d) Any unauthorized release which escapes from the
secondary containment, increases the hazard of fire or explosion,
or causes any deterior~tion of the secondary containment of the
underground tank shall be reported by the operator to the
Department 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.
(e) The reporting requirements imposed by this section
are in addition to any requirements which may be imposed by Sectio
13271 of the California Water Code.
Chapter 8
MODIFYING AND TERMINATING PERMITS
Section:
38.081 Modifying or Terminating Permits
38.081 Modifying or Terminating Permits
The Department shall review the permit whenever there has
been an unauthorized release or when it determines that the
underground storage tank is unsafe. The Department may modify or
terminate the permit. In determining whether to modify or
terminate the permit, the Department 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
measures preventive measures which would meet the requirements of
this division.
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(f) The material used to repair the tank by an interior-
coating process is applied in accordance with nationally recognize
engineering practices such as the American Petroleum Institute's
recommended practice No. 1631 for the interior lining of existing
underground storage tanks.
(g) The Board may develop regulations, in consultation
with the State Fire Marshal, for the repair of underground storage
tanks, and the standards in this section shall remain in effect
until the adoption of these regulations.
Chapter 10
UNDERGROUND STORAGE TANKS NOT IN USE
Sections:
38.101- Abandoned and Temporarily Out of Service Tanks
38;101 Abandoned and Temporarily Out of Service Tanks
(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 operat~r intends to return to
use, shall continue to be subject to all the permit, inspection,
and monitoring requirements of this division, unless the operator
complies with the provisions of subdivision (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: I
(1) Demonstrates to the Department that all residual
amounts of the hazardous subtance 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 threa
to the public safety and the possibility of water intrusion into,
or runoff from the tank.
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(3) Abandonment.or improper closure of any
underground tank subject to the provisions of this division.
(4)" Knowing failure to take reasonable and necessary
steps to assure compliance with this division by the operator of a
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 fin
of not less than five thousand dollars ($5,000.00) or more than te
thousand dollars ($10,000.00), or by imprisonment in the county
jail for not to exceed one year, or by both that fine and imprison
ment.
'(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.
SECTION 2. The San Bernardino County Code is hereby
amended by adding DIVISION 9 to Title 3, which division shall be a
follows:
DIVISION 9
VALIDITY OF TITLE 3
This title and the various parts, divisions, chapters,
sections and clauses thereof are hereby declared to be severable.
If any part, sentence, paragraph, section or clause is adjudged
unconstitutional or invalid, the remainder of this title shall not
be affected thereby. The County Board of Supervisors hereby
declares that it would have passed this title and each part
-17-
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(' DATE:
FROM:
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,
December 15, 1983 ~/ ~~ Q .1,'6'7
KEN L. JESKE, R.S., D ~DIR JOR
Department of Environm ntal He th Services
TO: MR. RAY SWITZER, ASSISTANT CITY MANAGER
City of San Bernardino
SUBJECT: SAN BERNARDINO COUNTY HAZARDOUS SUI3STANCES UNDERGROUND STORAGE
ORDINANCE
The fo'llowing corrections should be attached to the ordinance which
was sent to you on December 12, 1983, Upon adoption of the ordinance,
you will receive as many certified copies as you need reflecting
these corrections.
* Page 1, line 1
* Page 4, Section 38.021(a), line 22 =
= "Ordinance #2819"
"UtM,fvdtr/:~ t ~UrNf;"
"transferred the permit"
* Page 4, Section 38.021(a), Line 29 = "~fY.tl</JM 1"
"Section 38.022"
* Page 4, Section 38.021(b), Line 35 = "~~Uj~M W'
"Section 38.022"
* Page 7, Section 38.041(b), Line 26 = "~Mt~Uf"
"division"
* Page 8, Section 38.042, Line 2 = "~Mt~t~f"
"division"
* Page 13, Section 38.081, Line 35 = "~Mt~Uf"
"division"
* Page 15, Section 38.101, Line 24 = "tMt~t~f"
"division"
* Page 16, Section 38.111, Line 23 = "~~ttj_M ~."
"Section 38.022."
* Page 16, Section 38.111, Line 33 = "tMt~Uf"
"di vi s ion"
* Page 16, Section 38.111, Line 35 = "tMt~tif"
"di vi si on"
* Page 17, Section 38.111, Line 2 = "tMt~Uf"
"division"
* Page 17, Secti on 38.111, Li ne 4 = "tMt~Uf"
"division"
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