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HomeMy WebLinkAboutMC-327U , ~ . ,"'1 A I " 1 I 1 ORDINANCE NO. MC-327 2 3 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, I PERTAINING TO UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES, EFFECTIVE IMMEDIATELY, AND DECLARING THE URGENCY THEREOF. 4 5 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 8 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. 27 SECTION 2. San Bernardino Municipal Code Section 8.01.010 is 28 amended to read as follows: ~ MC-327 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,r . "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 -2- MCc-3V ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 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 ~/~;~1r .#-(JCL day of , 1983. December Approved as to form: ~~CJ . ::;'U;er.-?- City A torney -3- , . " MC-327 UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES ...- -dv10{'fl~~:j tJ (;/:; .f3, 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 - 1 - , " .' MC-327 (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. - 2 - ,. MC-3'27: (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. - 3 - MC- 32il' (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. - 4 - 'MC-327 ' (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. - 5 - 'M~-327" . . ~ 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. - 6 - KC~327 . .' . (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. - 7 - MC-327 . " " " . (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. - 8 - ,MC-327 '-. ,r '\.. 14.~501.c..'OJ - 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 ~ u.:.(J~ -,e~. 'liS .;r~ DECEMBER 19, 1983 MS ITEM NO. 73 MC-327 .. ,,~; ZI.L.IN ..J: -UJ~ l.:.I Cr::.4: en =~U _ Z :J . : =' :=0 X u.~z. ..... -1.1.5 >:> ir..... Z u....;t _:>"'" z: ::: ....wr::. ti z~1.I.l -~CO O~Z: u ~ '" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 30 31 32 33 34 APPROVED f~ TO fCr,f:1 n.~TCJl&....J-.~jJ..~ ~.:.:',:: rO,.. :', ~"':',: :'~:,::..~'. :_::-:~::'::.~7:.. Deputy 35 36 . ::h;~! -18- MC-327 1 2 J 4 5 6 7 8 9 10 11 12 13 14 ~ 15 ,,~;;: 16 z w l'V _ ,- w CI'I 3j C c: ct 4=i;;u 17 :5 a... 0 3 v~_~ 18 ,>->_0 -"-'" :; u__ 0: 19 5>tJ~ ~z~'" 20 ....:Jr--Q a~z u ~ 21 ;;; 22 23 24 25 26 27 28 29 30 31 32 33 34 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 I~C~~;: ~ 01-; Z"'N ~ -w.= w. Cl ~ lit ~ =t;u ::l' arC o u~z. ~ _1&..0. ,... ~it~ .z u ~c:. ::l;>-II'I Z ...."'<:: ;:l Z~ll.l :.J :I.....~ a~z ... < ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 27 28 29 30 31 32 33 34 35 36 (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. III -16- MC-327 ~ c;-; Zu.lN -W'" Cc:< =;-U C ~ - --~ --~ U::~ 5:_0 _"-c: U...< >l!:Z ~u.l.... Z~~ C-In O~Z :.; < ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 (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. 36 III -3- MC-327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ 15 0--; 16 ZuJ"" ...l - i.I.I 0'1 W 0 a::<: 17 ~ ~:;; u ~ a ~ 0 :> - 18 :..l u:- Z _u..o >- ~ ic: 19 zU~c:( ::::l >- '" Z : u.lc: 20 ~ Z ~!.OJ ..... :l....f: o~z 21 u-< '" 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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. -14- MC-327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ 15 0-; 16 ZWN ....-lol!c:'I :.:J ~ 1%:<: ~ ..Ji- 17 z311l~ ::I .::I.... 0 :l u;: z: 18 :.J IJ..- > s:: _::1 _ll,.:; 19 Z'ujooC::: :;:l >11'1 Z ~wc: 20 ;=! z ~ u.i .....~-: o~z 21 u << '" 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (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. -12- ~ 0;-; Zi.l.Il'II ...l - tlJC'I W Oc:.cc ~ =,~u ~~.,..o ~u'::z ... ~- >>_0 -"-", zu~c:: ::::,.."" z _ r- L.l,j I: ~ Z ~u.i :.J~,..,o o~z U '" ~ MC-327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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. 36 III -10- MC-327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ 15 C~; 16 ZWN ~-w~ ~o~<< 17 ~~~u ~Z3'~_ o~~=o wou~z 18 uU-~3 =>>~- 19 ~~u~~ o~>~~ o~~~ 20 u~~Q o~z 21 u ~ ~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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 -8- MC-327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ 15 01-; 16 Z"'N -l - UJ a'I W ocre:( 17 ~ ~~ u :J E - 0 :l . 18 :.l u:: ~ ~ > _ c _"-c: 19 Z u 1-< ~ > III Z ...... ~ W I: 20 U z ~ w :J~" o~z 21 u-< '" 22 23. 24 25 26 27 28 29 30 31 32 33 34 35 36 (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. III III III III III III -6- MC-327 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 "' 15 0-; 16 ZWN ~ -:.:JC2l :.ucc:< 17 ~ ~~u :: 5-6 ;=t u ~ z 18 --145 :-~~e 19 Z u....<:; =' >-In Z ..."'c: 20 ;:: z ~ ~ -~"",Q o~z 21 u " '" 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (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 -4- MC-327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ 15 "...; 16 ZOlN ....l - 1.:.1 Cl :.u oa:c:r ~ :.t:;u 17 ::l ~ - 0 :l = z 18 ..; <..> ,-- >>_0 -""0: Z <..>.... 19 :J >- III Z ::J ~ w == "z~w 20 - ~,.. Q 8~~ 21 '" 22 23. 24 25 26 27 28 29 30 31 32 33 34 35 36 (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. III -2- MC-327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ 15 0'1-; 16 ZCUN ~ - w~ .:J. ~t::c:: 17 ~ =t:;u ::f ~-o ;:l u.;: Z 18 ~ -11.0: >- ~U:c:. 19 Z UI-C( ..... >111 z: 51-"":: 20 :.J z.~uJ :>~Cl o~z 21 u " <Il 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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. -5- ~ "f-; Z"'N -l - W ~ ~ 0 C:cc ~:::;; w :l ~ = 0 3 u ~ = --0 ,..>~... zUJ..;;( _ > VI z ..... f- W r: ~ Z ~ ~ -':;:l,...i:I o~z U .. '" MC-327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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. III III III -7- ~C-327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ 15 C~; 16 ZWN ~-w~ ~a~~ ~~~ 17 ~5~~ 5==0 18 ~u~~ ~~~g 19 ~u_~ ~>~z ~~~= 20 ~z~w ~~~ ~~z 21 u-~ ~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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 III -9- I ~ C1l-; "'<UN ..J -w.= :J.l.OC,< ~ =~U ::J ~=a ::J Ui-Z .,,)-~o. >- ~iA:c:.'. ZU~<. _ >- U'I z: -' ....LO.Ic:. 3Z~w. ::J.....m: Q~Z u .. ~ HC-327 1 2 3 4 5 6 7 8 ~ 10 11 12 13 14 15 16 17 la u 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 (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: 36 III -11.,. MC-327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ 15 01-; 16 Z,"N ...J-1.IJQ\ ~ C i: It :"':I.Jf- 17 Z:::ltlr.J ~ aixo ~ U I- Z 18 :.l_ll..i5 ,. ~t:c: 19 z UI-c( ..... >ltl z: - I- YJc: 20 3 z ~ 1.IJ "~,, 0':, 21 u ~ ~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (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. III -13- MC-327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ 15 ,,~; 16 Z",N ...I - ~Ol ;.U C r::c::: 17 ;J:I..J ~ Z -1/1 U ::la-a :l -;: z 18 :.;....- >- :; ='0 _""a: 19 Z Ut-ct ::l > \I) Z . "'a: ~ Z~l4l 20 :..J::)... = o~z 21 u " ~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (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. III -15- MC- 327 1 2 3 4 5 6 1 8 9 10 11 12 13 14 ~ 15 o~;. 1 ,~~~ 6 30=<< ."..J~ 17 i 5'" u. - =- -.0 ~ f..l;:z 18 ...l_~a. .. ~~~ :; u ~ <: 19 3 ?"'~~ :: z:~," 20 ...l:l"'C: c:z u <t 21 .. 22 23 24 25 26 27 28 29 30 I 31 32 33 34 35 36 (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- _M~~~~' it' (' DATE: FROM: /l, c./ ._J ~ . . , 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" KLJ:css