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HomeMy WebLinkAbout0999ORDINANCE NO._ 999_______(1983 Series) URGENCY ORDINANCE AMENDING ARTICLE 80 OF THE 1982 UNIFORM FIRE CODE GIVING THE FIRE DEPARTMENT AUTHORITY TO INSPECT AND REGULATE THE STORAGE OF HAZARDOUS MATERIALS IN UNDERGROUND TANKS AND PIPING. WHEREAS, the State of Ca11fornia recent Iy enacted Iegislation to inspect and regulate the storage of hazardous material in underground tanks and piping; and WHEREAS, this Iegislat.ion contains pre - emptive language restricting cities from enacting local ordinance after January 1, 1984; and WHEREAS, the Fire Department currently inspects all underground flammable liquid storage tanks; and WHEREAS, the City Council is desirous to continue inspection of underground flammable liquid storage tanks and to further inspect hazardous materials underground storage facilities in the interest of public health, safety and welfare by providing certain minimum standards established by Chapter 1046 of the 1983 Statutes (Assembly Bill 1362). BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1: Purpose - The purpose of this Code section addition is to incorporate the recently enacted provisions of Chapter 1046 of the 1983 Statutes (Assembly Bill 1362) into the Uniform Fire Code. The City is authorized to assume the responsibility for the admin- istration of the Underground Storage Program, provided the City passes a local ordinance by January 1, 1984, and notifies the County. SECTION 2: Section 80.112 is hereby added to the Uniform Fire Code. i` �ECTION aO.112 - "Underground Storage of_Toxic Chemicals" The requirements of Chapter 1046 of the 1983 Statutes (Assembly Bill 1362) are hereby adopted as the City of San Luis Obispo standards for underground storage of toxic chemicals. The materials regulated by Chapter 1046 of the 1983 Statutes (Assembly Bill 1362) are amended and shall consist of the following: a. Any material listed as a hazardous and /or extremely hazardous material or hazardous and /or extremely hazardous waste in Sections 66680 and 66685 of Title -22 of the California Administrative Code, as amended, whether such material is stored or handled in waste or non -waste form; or b. Any material which is listed on the list of Environmental Protection Agency (EPA) pollutants, 40 Code of Federal Regulations, Section 401.15, as amended; or c. Any material which is classified by the National Fire Protection Association (NFPA) as either a flammable liquid, a Class II combust- ible liquid or a Class IIIA combustible liquid; or d. Any material which is listed by the Director of the Department of Industrial Relations in Title -8, California Administrative Code 339, as amended. e. Any material which has been determined to be hazardous based upon any appraisal or assessment by or on behalf of the party storing this material in compliance with the requirements of the EPA or the California Department of Health Services, or which should have been, but was not, determined to be hazardous due to the deliberate failure of the party storing the material to comply with the requirements of the EPA and /or the Department of Health Services; or f. Any material which has been determined by the party storing it, through testing or other objective means, to be likely to create a significant potential or actual hazard to public health, safety or welfare. This subsection shall not establish a requirement to test for the purposes of this Chapter. SECTION 3. This ordinance being an urgency ordinance for the immediate protection and preservation of the public health, safety and general welfare containing a declaration of the facts constituting the urgency, and passed a four — fifths (4/5) vote of the Council shall take effect immediately pursuant to Charter Section 605. SECTION 4. The City Clerk shall cause this Ordinance to be published within five (5) days in a newspaper of general circulation, but delay in publication, or even failure to publish, shall not affect its validity. SECTION 5. This Ordinance may be rescinded by the City Council at any time by majority action of this Council. INTRODUCED AND FINALLY PASSED this 13th day of December 1983, on motion of Councilwoman Dovey , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle May pi I an i e C. B ATTEST: V Cit Clerk Pamel V ges 0 ATTACHMENT 1 Assembly Bill No. 1362 CHAPTER 1046 An act to add Section 25150.1 to, and to add Chapter 6.7 (com- mencing with Section 25280) to Division 20 of, the Health and Safety Code, relating to hazardous substances. [Approved by Governor September 231, 1983. Filed with Secretary of State September 23, 1983.1 LEGISLATIVE COUNSEL'S DIGEST AB 1362, Sher. Hazardous substances: underground storage. (1) Existing law does not specifically regulate the storage of hazardous substances in underground tanks. This bill would prohibit any person from owning or operating an underground storage tank used for the storage of hazardous materials without a permit to the owner from a local agency, which is defined as the department or office so designated by a county or a city, if the city assumes exclusive jurisdiction for enforcement of these provisions. The bill would define terms„ including "hazardous substance," and would exclude from the definition of underground storage tank a tank used for the storage of hazardous substances used for the control of cattle parasites'and subject to the supervision of the county agricultural commissioner, if certain deterininations are made by the commissioner, a tank located on a farm and used to store motor vehicle fuel for a specified purpose, a tank used for aviation or motor vehicle fuel, located within one mile of a farm and used by a licensed pest control operator, and specified structures. The bill would require the State Water Resources Control Board, to conduct a study concerning applying certain standards to all- of these exempted tanks and structures by January 1, 1985. The bill would require the State Department of Health Services to compile a master list of hazardous substances, " and to make it available, as specified, by June 30, 1984, notwithstanding any other provision of law, including provisions concerning the Office of Administrative Law's regulatory review process. The bill would also authorize the department to revise this list in accordance with specified procedures. The bill would require each county to implement these provisions and would authorize a county, or a city assuming local jurisdiction, to implement design and construction standards in addition to those specified in the bill. The bill would also authorize a county or city to implement a provision concerning tanks installed after January 1, 1984, until the board adopts specified regulations. The bill would specify the conditions for transferring a permit, would specify the term of a permit to operate an underground storage tank as 5 years, and would prohibit a local agency from 011-100 Reprinted 10 -19-83 1M Ch. 1046 _ 2.— issuing or renewing it permit if the local agency inspects the tank and determines that the underground storage tank does not comply with certain provisions. The bill would require that certain information be provided on the application for a permit by the owner of the tank and would also require the permittee to complete an annual report detailing any specified changes. The bill would impose certain procedures concerning the use of trade secrets. The bill would also require a permittee who stores a hazardous substance not listed on the application to apply for a new or amended permit within 30 days after commencing storage. The bill would authorize a county, or city which assumes exclusive jurisdiction, to establish a fee, which would be i paid by each person submitting an application for a permit, or a renewal or amendment thereof, to cover the costs incurred by its implementation of these provisions. The bill would require the fee to include a surcharge, to be determined annually by the Legislature, to cover the costs of the board and would require the surcharge to be deposited in the ` Underground Storage Tank Fund created in the General Fund. The bill would provide that the ' money in the fund is available, upon appropriation by the Legislature, to the board for purposes of carrying out the bill. The bill would require the fee to include a one -time $5 surcharge, to be forwarded iControl to the State Water Resources Board to cover the costs of developing regulations. The bill would require a .local agency to inspect every underground storage tank, within its jurisdiction, every 3 years, or to require a permitholder to employ, periodically, special inspectors to conduct the insl►ectinn, issue a report, and make recommendations which the permitholder j would be required to implement or demonstrate to the local agency why these recommendations should not be implemented. The bill would authorize a representative of the local agency or the board to enter into any place where underground storage tanks are located, for inspections, testing, -- i obtaining samples, and copying records, and would authorize these persons to also enter into real property which is within 2,000 feet of such a place, for these purposes. 3 The bill would require that all underground storage tanks installed after January 1, 1984, 1 comply with certain requirements concerning design, construction, monitoring systems, and drainage, and would ' require that all underground storage tanks installed on or before that date have a monitoring system installed before January 1, 1988, and ` have a means for inspection. The bill would exempt underground storage ranks for motor vehicle fuel storage installed after January 1, 1984, from certain design and construction standards, if the tank either has a specified primary containment construction material and a leak monitoring j system or if the tank has a pressurized piping system which is monitored. A local agency would be required to review the permit whenever there has been an unauthorized release which escapes from the secondary containment, increases certain 89 80 -3— Ch. 1046 hazards, or causes tank deterioration, or whenever the agency determines that the tank is unsafe. A local agency would also be required to consider certain factors in determining whether . to modify or terminate a permit. The bill would require that if the owner of ' the tank is not the operator, the owner is required to provide certain information to the operator and enter into a written contract with the operator requiring the operator to monitor the tank. The bill would require that unauthorized releases be recorded and reported by the operator of the underground storage tank within 24 hours to the local agency, as specified. The bill would authorize a local agency to request the department or a regional water quality control board to utilize that agency's authority to take corrective action to remedy the effects of a release of a hazardous substance from an underground storage tank. The bill would authorize the permitholder of an underground storage tank containing motor vehicle fuel not under pressure to repair the tank after an unauthorized release from that tank with an interior- coating process once, if the tank meets specified requirements, but if the results of a certain test show that a serious corrosion problem exists, the local agency may require additional protection or prohibit the repair. The bill would repeal this authorization if specified regulations are adopted. The bill would also prohibit a person from abandoning, closing, or temporarily ceasing to operate an underground storage tank unless certain actions are taken by that person. The bill would make an operator or owner of a tank liable for a civil penalty of from $500 to $5,000 for failing to take 'certain actions concerning permitting, monitoring, maintaining records, compliance, and closure of an underground storage tank, and would impose upon a person falsifying records, or failing to file the report of an unauthorized release, a fine of from $5,000 to $10,000, or imprisonment in the county jail for up to one year, or both. The bill would exempt cities and counties which have enacted ordinances, before January 1, 1984, from the provisions of this act if the ordinances provide, at least, for double containment and monitoring of underground storage tanks. and permits are issued under the ordinance. The bill would require a local agency so exempted to submit specified reports and information to the board. The bill would specify that its provisions do not otherwise affect the. authority of a city or county to adopt ordinances concerning information, investigations, inspections, or enforcement. The bill would require the State Water Resources Control Board. to issue regulations implementing specified provisions by January 1, 1965, and would authorize the board to adopt regulations implementing other provisions. The bill would also state the intent of the Legislature that these provisions are of statewide interest and concern and are intended to preempt the local regulation of underground storage tanks, as uo im Ch. I* 4 _ specified, and that the program created within the department this bill will be handed both through the department's bud! commencing with the 1984 -85 fiscal year and through the use existing financial resources. The bill would authorize a permitholder to apply to the board a categorical variance from specified provisions and to apply to t regional water quality control board for a site- specific variance frc specified provisions, pursuant to a specified procedure. (2) The bill would provide that, notwithstanding Section 2231.5 the Revenue and Taxation Code, this act does not contain a repeal, as required by that section; therefore, the provisions of the act wot remain in effect unless and until they are amended or repealed a later enacted act. (3) Article XiII B of the California Constitution and Sections 22 and 2234 of the Revenue and Taxation Code require the state reimburse local agencies and school districts for certain co mandated by the state. Other provisions require the Department Finance to review statutes disclaiming these costs and provide, certain cases, for making claims to the State Board of Control 1 reimbursement. This bill would impose a state - mandated local program ! requiring counties to carry out a program of permitting ii) inspecting underground tanks used for the storage of hazardo substances and by imposing obligations upon cities, counties, ai districts which operate underground storage tanks. Although the b provides for a self - financing provision concerning the administrati( of these provisions, it would provide that no appropriation is ma( for the other imposed costs, by this act for the purpose of makii reimbursement pursuant to the constitutional mandate or Secti, 2231 or 2234, but would recognize that local agencies and schc districts may pursue their other available remedies to se, reimbursement for these costs. The people of the State of California do enact as follows- SECTION 1. (a) The Legislature finds and declares as follov (1) Substances hazardous to the public health and safety, and the environment, are stored prior to use or disposal in thousands underground locations in the state. (2) Underground tanks used for the storage of hazaido substances and wastes are potential sources of contamination of tl ground and underlying aquifers, and may pose other dangers public health and the environment. (3) In several known cases, underground storage. has resulted undetected and uncontrolled releases of hazardous Snubstances in the ground. These releases have contaminated public drinking wat, supplies and created a potential threat to the public health and to" t1 waters of the state. Ch. 1046 (4) The Legislature has previously enacted laws regulating the management of hazardous wastes, including statutes providing the means to clean up releases of hazardous substances into the environment when the public health, domestic livestock, wildlife and the environment are endangered. Current laws 'do not specifically govern the construction, maintenance, testing and use of underground tanks used for the storage of hazardous substances, or the short -term storage of hazardous wastes prior to disposal, for the purposes of protecting the public health and the environment. (5) The protection of the public from releases of hazardous substances is an issue of statewide concern. (b) The Legislature therefore declares that it is in the public interest to establish a continuing program for the purpose of preventing contamination from, and improper storage of, hazardous substances stored underground. It is the intent of the Legislature, in enacting this act, to establish orderly procedures that will ensure that newly constructed underground storage tanks meet appropriate standards and that existing tanks be properly maintained, inspected, and tested so that the health, property, and resource-, of the people of the state will be protected. SEC. 2. Sectioh 25150.1 is added to the Health and Safety Code, to read: 25150.1. The requirements in Sections 25284 and 25284.1 apply to the construction, operation, maintenance, monitoring, and testing of underground storage tanks, as defined'in subdivision (m) of Section 25280, which are required to obtain hazardous waste facilities permits from the department. The department shall adopt regulations implementing the requirements of Sections 25284 and 25284.1, for regulating the construction, operation, maintenance, monitoring, and testing of underground storage tanks used for the storage of hazardous wastes which standards and regulations are necessary to protect against hazards to the public health, to domestic livestock, to wildlife, or to the environment. The regulations department shall adopt the regulations by January 1, 1985. If the regulations are not adopted tjy that date, the regulations ;:lcpted by the board implementing Section 25284.1 shall be deemed to be the regulations of the department pursuant to this section until new regulations are adopted by the department pursuant to this section. SEC. 3. Chapter 6.7 (commencing with Section 25280) is added to Division 20 of the Health and Safety Code, to read: CFIAY'rF:n 6.7. UNnFRCROUND STORAGE OF HAZARDOUS SUBSTANCES 25280. For purposes of this chapter, the following definitions apply: (a) "Department" means the State Department of Health Services. ' L RO 1 M Ch. 1046 MK:� (b) , "Facility" means any one, or combination of,. undergrounf storage tanks used by a single business entity at a single location- o site. . (c) "Hazardous substance" means all of the following liquid anc solid substances, unless the department, in consultation. with th( State Water Resources Control Board, determines the substane( could not adversely affect the quality of the waters of the state: (1) Substances on the list prepared by the Director of th( Department of Industrial Relations pursuant to Section 6,382 of. the Labor Code. (2) Hazardous substances, as defined in Section 25316. (3) Any substance or material which is classified by the Nationa' Fire Protection Association (NFPA) as a flammable liquid, a class Il combustible liquid, or a class III -A combustible liquid. (d) "L9 -d agency" -neans the department, C.;Mce,I or other agency of a county or city designated pursuant to Section 25282. (e) `Person" means an individual, trust, firm,. joint stock company, corporation, including a government corporation. partnership, and association. "Person" also includes any city, co district, the state, or any department or agency thereof. unty. (f) "Board" means the State Water Resources Control Board. (g) "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. (h) "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. (i) "Secondary containment" means the level of containment' external to, and separate from, the primary containment. 0) "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. (k) "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 Section 25200 or granted interim status under Section 25200.5. (l) "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. . (m) "Underground storage tank" means any one or combination of tanks, including pipes connected thereto, which is used for the 7 -7— Ch. 1046 storage of hazardous substances and which is substantially or totally beneath the surface of the ground. "Underground storage tank" does not include any of the following: (1) A tank used for the storage of hazardous substances used for the control of external parasites of cattle and subject to the supervision' of the county agricultural commissioner if the county agricultural commissioner determines, by inspection prior to use, that the tank provides a level of protection equivalent to that required by Section 25284, if the tank was installed afrer June 30, 1984, or protection equivalent to that provided by Section 252.84.1, if the tank was installed on or before June 30, 1984. (2) Tanks which are located on a farm and store motor vehicle fuel which is used only to propel vehicles used primarily for agricultural purposes. (3) Tanks used for aviation or motor vehicle fuel located within one mile of a farm and the tank is used by a licensed pest control operator, as defined in Section 11705 of the Food and Agricultural Code, who is primarily involved in agricultural pest control activities. (4) Structures such as sumps, separators, storm drains, catch basins, oil field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separation sumps, lined and unlined pits, sumps and lagoons. Sumps which are tr part of a monitoring systern required under Section 25284 or Section 25284.1 are not exempted by this section. These structures may be regulated by the board pursuant to the Porter - Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) to ` ensure that they do not pose a threat to water quality. The board shall conduct a study which analyzes the necessity of applying the standards of Section 25284 and 25284.1 to the structures exempted by this section. The board shall complete the study by January 1, 1985. After completing the study the board shall review existing regulatory authority over. such structures. (n) "Special inspectors" means a professional engineer, registered pursuant to Chapter 7 (commencing with Section 6700) of Division :3 of the Business and Professions Code, who is qualified to attest, at a minimum, to structural soundness, seismic safety, the compatibility of construction materials with contents, cathodic protection, and the mechanical compatibility of the structural elements. (o) "Owner" means the owner of an underground storage tank. (p) "Operator" means the operator of an underground storage tank. (q) "Pipe" means tiny p1poline 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 conimerce or to transfer hazardous materials in bulk to or frOITI a marine Vessel. 2.5281. (a) The department shall compile a comprehensive 4 Ch. 1046 i master list of hazardous substances. The master list shall be ma available to the public and mailed to each local agency no later th June 30, 1984, notwithstanding any other provision of law, includi ! Chapter 3.5 (commencing with Section 11340)"of Part 1 of Divisi (; 3 of Title 2 of the Government Code. Local agencies and owners operators of underground storage tanks shall use the master list when adopted, the revised list adopted pursuant to subdivision (1 to determine which underground storage tanks require perm pursuant to this chapter. Hazardous substances included on the 1 may be denominated by scientific, common, trade, or brand nam. i (b) The department may revise, when appropriate, the master 1 of all the hazardous substances specified in subdivision (a). T: revised list of hazardous substances shall be prepared and adopts and may be further revised, in accordance with Chapter, — (commencing with Section 11340) of Part 1 of Division 3 of Title of the Government Code. 25282. Every county shall implement this chapter pursuant to "t) regulations adopted by the board. A city may, by ordinance, assun responsibility for the implementation of this chapter pursuant to t] regulations adopted by the board and, if so, shall have exclusi, jurisdiction within the boundary of the city for the purposes carrying out this chapter. A city which assumes responsibility. f" implementation of this chapter shall provide notice of its progra and consult with the county in which the city is located. A coun ! shall designate a department; office, or other agency of that court as the local agency responsible for administering and enforcing"tl provisions of this chapter and a city which assumes responsibihty,f implementing this chapter shall also make a similar designation. j 25283. (a) Except as provided in subdivision (b), no person sht own or operate an underground storage tank unless a permit for.i operation has been issued by the local agency to the owner. Eat local agency shall prepare a form which provides for the acceptant of the obligations of a transferred permit by any person who is t assume the ownership of an underground, storage tank from ,t1 previous owner and is to be transferred the permit to operate t} i tank. That person shall complete the form accepting the obligatiot of the permit and submit the completed form to the local agency j least 30 days after the ownership of the underground storage tank to be transferred. A local agency may review and modify; r terminate, the transfer of the permit to operate "the undergroun storage tank, pursuant to the criteria specified in subdivision (c) Section 25284.1, upon receiving the completed form. (b) Any person assuming ownership of an underground storAf tank used for the storage of haaarclous substances for which a vali operating permit has been issued shall have 30 days after the date assumption" of ownership to apply for an operating permit pursuai to Section 25283.2 or, if accepting a transferred permit, shall subm to the local agency the completed form accepting the obligations c -9-- Ch.' 1046 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. (c) When, in its judgment, it is appropriate to do so, the local agency tuuv is,,ue a singie permit to a person for a I:tuility. 25283.1. A permit to operate issued by the local agency pursuant to Section 25283 shall be effective for five years. A local agency shall not issue or renew a permit to operate an underground storage tank if the local agency inspects the tank and determines that the tank does not comply with this chapter. 25283.2. (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 local agency and shall be accompanied by the appropriate fee, as specified in Section 25283.3. The local agency shall provide the board with a cope of the completed application. (b) The board shall store this information on a computer, for the purpose of managing and appropriately cross- referencing and indexing this data. The applicationt form shall include, but not be limited to, requests for the following information: (1) A description of the cunstruclion 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. (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, «hick will detail any changes in the usage of any underground storage tanks, including the storage of new hazardous substances, changes in monitoring procedure and unauthorized release occurrences, as defined in Sections 25284.3 and 25284.4. The requirements for computer storage and management of the data generated by the application forms specified in subdivision (b) also apply to information generated by the annual reports. 99 160 Ch'. 1046 - i' i (d) If a permittee stores in an underground storage tank or tanks i 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 hermit within 30 days after commencing _' the storage of that hazardous substance. j' 25283.3. (a) A fee shall be paid to the !ocal agency by each person who submits an application for a permit to operate an ..i, . underground storage tank or to renew or amend a permit. The governing body of the county, or a city which assumes enforcement, jurisdiction. shall establish the amount of the lees at a level sufficiertt to pay the necessary and reasonable costs incurred in administering this chapter, including, but not Nmited to, permitting, and inspection responsibilities. The governing body 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. �i (b) 7•his. fee shall include a surcharge, the amount of which shall y be determined by the Legislature annually to cover the costs of the. board in carrying out its responsibilities under this chapter. The surcharge shall be transmitted to the board and deposited in the Underground Storage 'Tank 1" Lind hereby created in the General, Fund. The money in this account is available, upon appropriation by ; the Legislature, to the board for the l:)url)osr „s of implementing this;.,i�- chapter. (c) From January 1, 1984 to June 30, 1984 there shall be a one - time.;:' . surcharge of five dollars (:D3) on each tank permitted pursuant to this chapter, which surcharge shall be forwarded to the board, by the tocxal ag(211cp, to cover the costs of developing the statewide regulations implementing this chapter, and shall be deposited in the Underground Storage Tank 'Fund. 25283.4. (a) The local age ncv shall inspect every underground storage tank within its jurisdiction at least orice every three years. The purpose of the inspection is to determine whether the tank complies with the design and construction standards of Section 25284 or 25284.1. whichever is applicable, whether the 'operator has monitored and tested the tank as required by the permit, and whether thr tank is in a safe operating condition. After an inspection, the local agency shall prepare a compliance report detailing the inspection and shall send a copy of this report to the permitholder. (b) In addition to, or instead of, the inspections specified iri subdivision (a), the local agency may require the permitholder to emplo)-, periodically, special inspectors to conduct an audit of assessment of the permitholder's facility to determine whether the, facility co,r►pl: ^- ,pith the specified in subdivision• !a` and to prepare a special irispec ► ion report with tecomc „-.adations 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 ►.he report shall be filed.!.! with the local agency at the carne time the inspector submits the'- i R9 290 1 � i —11— Ch. 1046 report to the permitholder Within 30 days after receiving this report, the permitholder shall file with the local agency a plan to implement all recommendations contained in the report or shall demonstrate, to the satisfaction of the local agency, why these recommendations should not be implemented. 25283.5. In order to carry out the purposes of this chapter, any duly authorized representative of the local agency or the board has the authority specified in Section 25185, with respect to any place where underground storage tanks are located, and in Section 25185.5, with respect to r _,. property is within 2,000 feet of any n!ace where underground storage tanks are located. 25283.6. (a) "Trade secrets" as used in this chapter, may include, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. (b) The board or a local agency may disclose trade secrets received by the board or the local agency pursuant to this chapter to authorized representatives or other governmental agencies only in connection with the boards or local agency's responsibilities pursuant to this chapter. The board and the local agency shall establish procedures to ensure that these trade secrets are utilized only in connection with these responsibilities and are not otherwise, disseminated without the consent of the person who provided the information to the board or the local agency. (c) Any person providing information pursuant to Section 25283.2 shall, at the time of its submission, identify all information which the person believes is a trade secret. Any information or record not identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of law. (d) Where the local agency, 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. 25284. 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 containnicrit 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 89 310 j 'I I Ch. 1046 —12 — 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 tank placed in it, or 10 percent of the aggregate internal volume of all primary tanks, whichever is greater. (5) If the facility is open to rainfall, then the secondary: containment must be able to additionally accommodate the volume of a 24 -hour rainfall as determined by a 100 -year storm history. ,,., ., (6) Single - walled containers do not fulfill the requirement of an underground storage tank providing both a primary and a secondary containment. (7) The design and construction of underground storage tanks for motor vehicle fuels storage need not meet the requirements of paragraphs (1) to (6), inclusivo, if the primary containment construction is of glass fibre reinforced plastic, cathodically -.! protected steel, or steel clad with glass fibre reinforced plastic, any ;I such alternative primary containment is installed in conjunction with . it 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 alternative method identified in paragraph (3) of subdivision (b) of Section 25284.1..! 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 (h) of Section 25284.1 shall also be deemed to meet the requirements of this subdivision. (b) Be designed and constructed with a monitoring system capable of detecting the entry of the hazardous material stored in the primary containment into the secondary containment. If water could ; intrude into the secondary containment, a means of monitoring for water intrusion and for safely removing the water shall also be provided. (c) When required by the local agency, a means of overfill ;. protection for any primary tank, including an overfill prevention ,l device or an attention- getting higher level alarm, or both. Primary tank filling operations of underground storage tanks containing i 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. i (e) If water could enter into the secondary containment by';1; "v I R9 340 -13— Ch. 1046 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 contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility. 25284.1. 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 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 local agency, consistent with the regulations of the board. The alternative monitoring methods include, but ate 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 within a well where appropriate, and analysis of soil borings at the time of initial installation of the well. The board shall develop regulations specifying monitoring alternatives. The local agency, or any other public agency specified by the local agency, 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, 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 mounds, 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 for 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. 25284.2. The operator of the underground storage. facility shall monitor the facility using the method specified on the permit for the facility. Records shall be kept in sufficient detail to enable the local agency to determine that the operator has undertaken all monitoring activities required by the permit to operate. If the operator is not the owner, the owner shall provide a copy of 89 370 Ch. 1046 —14— 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, or a summary of this section, in the form which the hoard specifies by regulation. The owner shall notify the local agency o. any change 1 of operator. 25284.3. Any unauthorized release from the' prirnaiy ti containment which the operator is able to cleanup within eight hours, and which does not escape from the secondary containment, does not increase the hazard of fire or explosion and does not cause any deterioration of the secondary containment of the uhdergrotind storage tank, shall be recorded on the operator's monitoring reports. 25284.4• (it) Any unauthorized release which escapes from the secondary containment, increases the hazard of fire or explosion, or causes any deterioration of the secondary contaihment of the'? underground tank shalt be reported by the operator or the local agency within 24 hours after the release has been detected or should have been detected. A full written report shall be transmitted by the owner or operator of the underground storage tanks within five working days of the occurrence of the release. The local agency shall review the permit whenever there has been an unauthorized release or when it determines that the underground ' storage tank is unsafe. In determining whether to modify or terminate the permit, the local agency shall consider the age of the .f' 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 I preventive measures which would meet the requirements of this– chapter. (b) In cooperation with the Office of Emergency Services, the board shall submit an annual statewide report by county, to the Legislature, of 'all unauthorized releases, indicating for each unauthorized release the operator, the hazardous substance, the' quantity of the unauthorized release, and the actions taken to abate the problem. (c) The reporting requirements imposed by this section ate in addition to any requirements which may be imposed by Section 13271 of the Water Code. 25284.5. If there has been any unauthorized release, as defined in t subdivision (a) of Section 25284.4, from an underground storage tank containing motor vehicle fuel not under pressure, the permitholderr' may repair the tank once by an ihterior- 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 ,i indicates that a serious corrosion problem existS with regard to the tank, as determined by the person conducting the test. the local i i i 89 390 Ch. 1046 agency 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 local agency, the local agency 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 site using accepted engineering practices. (d) Following the repair, the standard installation testing for requirements for underground storage tanks specified in 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. (f) The material used to repair the tank by,an interior- coating process is applied in accorda.ice with nationally recognized 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. 25285. The local agency may request the following agencies to utilize that ager,_ ; 'i authority - remedy the effects of, and remove, any hazardous substance which has been released f!-^^n an underground storage tank.. (a) The department which may take action pursuant to Chapter 6.8 (commencing with Section 25300) and, for this purpose, any unauthorized release shall be deemed a release as defined in Section 25320. (b) A regional water quality control board may take action pursuant to Division 7 (commencing with Section 13000) of the Water Code and, for this purpose, the discharged hazardous substance shall be deemed a waste as defined in subdivision (d) of Section 13050. 25286. (a) No person shall abandon an underground storage tank or close or temporarily cease operating an underground storage tank, except as provided in this section. (b) An underground storage tank which is temporarily taken out of service, but which the operator intends to return to use, shall E 89 420 tl r /r. Ch. 1046 —16— continue to be subject to all the permit, inspection, and monitoring requirements of this chapter, uidess 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: (1) Demonstrates to the local agency that all residual amounts of the hazardous substance or hazardous substances which were stored in the tank prior to its closure have been removed, properly disposed of, and neutralized. (2) Adequate!,.- seals the t:! -!- to minimize any threat to O` a public safety and the possibility of water intrusion into, or runoff from, the tank. (3) Provides for, and carries out, the maintenance of the tank as the local agency determines is necessary, for the period of time_ the local agency requires. (4) Demonstrates to the local agency that there has been no significant soil contamination resulting from a discharge in the area surrounding the underground storage tank or facility. 25287. (a) Any operator of an underground storage tank shall be liable for a civil penalty of not less than five hundrdd 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 25283.2. (4) Fails to report an unauthorized release, as required by Sections 25284.3 and 25284.4. (5) Fails to properly close an underground storage tank, as required by Section 25286. . (b) Any owner bf 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. (2) Failure to repair an underground tank in accordance with the provisions of this chapter. (3) Abandonment or improper closure of any underground tank subject to the provisions of this chapter. (4) Knowing failure to take reasonable and necessary steps to assure compliance with this chapter by the operator of an underground tank. (c) Any person who falsifies any monitoring records required by this chapter, or knowingly fails to report an unauthorized release, shall, upon conviction, be' punished by a fine of not less than five , thousand dollars ($5,000) or more than ten thousand dollars ($10,000) , or by imprisonment in the county jail for not to exceed one 89 W -17— Ch. 1046 year, or by both that fine and imprisonment. (d) In determining both the civil and criminal penalties imposed pursuant to this section, the court shall consider all relevant, circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past . violations, and the corrective action, if any, taken by the person who holds the permit. (e) Penalties under this section are in addition to, and do not supersede or limit, any and all other legal remedies and penalties; civil or criminal, which may be applicable under other laws. 25288. (a) Any city, county or city and county which prior to January 1, 1984, has adopted an ordinance which, at a minimum meets the requirements set forth in Section 25284 and 25284.1, providing for double containment, monitoring of underground storage tanks and under which permits are issued therefor is exempt from the provisions of this chapter so long as the ordinance, as it may be amended, continues to meet the requirements of Sections 25284 and 25284.1. Those local agencies which are exempted from this chapter pursuant to this subdivision shall submit to the board the application form and annual information specified by Section 25283.2 and shall submit a written report of any unauthorized release from an underground storage tank to the Office of Emergency Services within 10 working days from the time the local agency is notified of the unauthorized release. (b) This chapter shall not be construed to limit or abridge the authority of any city, county, or' city and county to adopt an ordinance requiring information, conducting investigations, . inspections, or implementing and enforcing this chapter. 25288.1. The Legislature hereby finds and declares that the provisions of this chapter are of statewide interest and concern and ,are intended to preempt anv local regulations, of underground storage tanks, which regulations are for the protection of the soil from contamination or the protection of the beneficial uses of waters of the state, and which conflict with these provisions, except as provided in Section 25288. 15288.2. (a) The board shall develop regulations implementing the standards of Section 25284, 25284.1, 25284.3, 25284.4, 25284.5, 25286, and 25288.3. These regulations shall be promulgated by the- board by January 1, 1985. The board may adopt . regulations implementing Sections 25283.2, 25283.3 and 25283.6, as it deems necessary. (b) Until the board adopts regulations, any city, county, or city and county may implement the provisions of Section 25284 with regard to permits. Any tank or facility so permitted shall be deemed to be in compliance with the regulations of the board implementing that section. Any underground storage tank installed within a city, , 89 470 Ch. 1046 county, or city and county which has not implementca the provisiar of Section 25284 prior to the adoption of regulations by the boar shall be subject to the same requirements of this chapter as a underground storage tank installed prior to January 1, 25288.3. (a) Any permitholder or permit applicant may apply. t the board for a categorical variance from Section 25824 or 25824. The application shall include a description of the propose alternative prograrn, method, device, or process and description'( the region, area, or circumstances under which the variance woul apply. The board shall give notice to all affected cities, counties an city and counties. The board shall issue a categorical variance frot this chapter if it finds, after investigation and at least two publi hearings held in different areas of the state, as selected by the boar( that the applicant has demonstrated by clear and convincin evidence that the proposed alternative will adequately protect th soil and the beneficial uses of water of the state from an unauthorize release. The board may remand the application to the appropriat regional board if it determines the application falls withi subdivision (c). (b) After January 1, 1984, any local agency may apply to the boar for authority to implement design and construction standards fof th containment of a hazardous substance in underground storage tank which are in addition to those set forth in this chapter.Th application shall include a description of the additional standards an, a discussion of the need to implement them. The board shall approv the application if it finds, after an investigation and public hearing that the local agency has demonstrated by clear and convincin evidence that the .additional standards are necessary to adequatel protect the soil and the beneficial uses of the waters of the state fror unauthorized releases. The board shall make its determination within "six months of th date of application for authority to implement additional standard: If the board's determination upholds the application for authority t, implement additional standards, the standards shall be effective as o the date of the determination. If the board's determination does no uphold the application, the additional standards shall not, go irif( effect. (c) Any- permitholder or permit applicant may apply Ad'lh, regional water quality control board having Jurisdiction over 'th( location of the permitholder or applicant's facility for a site- speeifl( variance from Section 25824 or 25824.1. Before 'applying for , variance, the applicant shall contact the local agency. If the Iota agency decides that a variance would be necessary to approve, .: proposal, or if the local agency does not make a decision within 6( days, the permitholder or applicant may proceed with 'a variant( application. At least 30 days before applying to the appropriat( regional water quality control board the applicant shall notify atic request the local agency and the city, county, or city and count j ! , 80 144 -19— Ch. 1446 having land use jurisdiction over the city to join the applicant in the variance application. Thp city, county, or city and county shall provide notice of the 'receipt of this request to any person who has requested the notice. The local agency shall have 30 days from . completion of any documents required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and the receipt of the regional board's staff recommendation and analysis to act on the request. The regional board shall not hold a hearing upon the application until after the expiration of this 30 -clay period. Failure of the local agency or city, county, or city and county to join in the variance application shall not affect the request of the applicant to proceed with the variance application, except that the board shall consider the local agency's and the city, county, or city and county's recommendations in rendering its decision. The notification and request to join to the local agency and the city, county, or city and county and the appplication to the appropriate regional board shall include a description of the proposed alternative program method or process. The regional water quality control board shall approve the variance if it finds, after investigation and public hearing, that the applicant has demonstrated by clear and convincing evidence that because of special circumstances not generally applicable to other property or facilities, including size, shape, design, topography, location or surroundings, the strict application of the standards of this chapter would be unnecessary to adequately protect the soil and beneficial uses of the waters of the state from an unauthorized release, or that strict application would create practical difficulties not generally applicable to other facilities or property and that the proposed alternative will adequately protect the soil and beneficial uses of the waters of the state from an unauthorized release. (d) Applicants for action under this section shall pay a fee determined by the state water quality control board to be reasonable in covering costs in considering the application. 25289. This chapter shall not be construed to limit or abridge the powers and duties granted to the State Department of Health Services by Chapter 6.5 (commencing with Section 25100) and by Chapter 6.8 (commencing with Section 25300) or to the State Water Resources Control Board and each regional water quality control board by Division 7 (commencing with Section 13000) of the Water Code. SEC. 4. It is the intent of the Legislature that the program created by this act within the State Department of Health Services will be funded both through the department's budget commencing with the 1984 -85 fiscal year and through the use of existing financial resources. SEC. 5. Notwithstanding Section 2231.5 of the Revenge and Taxation Code, this act does not contain a repealer, as required by that section; therefore, the provisions of this act shall remain in effect j ,. � 89 520 i 'Ch, 1046 —20— unless and until they are amended or repealed by a later enacted act. SEC. 6. No appropriation is made and no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution or Section 2231 or 2234 of the Revenue and Taxation Code because the local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for administering the program or level of service mandated by this act or else it is recognized, that a local agency or school district may pursue any remedies to obtain reimbursement available to it tinder Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of that code. I I. 99 520 x/177