TITLE V—SANITATION & HEALTH

CHAPTER 8—UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES

(Ord. 1063, eff. 5/17/1985)

Sec. 5800 Purpose.

It is the purpose of this chapter to establish standards for construction and monitoring of facilities used for the underground storage of hazardous substances, and to establish a procedure for issuance of permits for the use of these facilities.

Sec. 5801 Definitions.

(a) "Council" means the Arcata City Council.

(b) "Facility" means any one, or combination of, underground 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 State Water Resources Control Board determines the substance could not adversely affect the quality of the waters of the City or the region:

(1) Substances on the list prepared by the Director of the Department of Industrial Relations pursuant to Section 6392 of the Labor Code of the State of California.

(2) Hazardous substances, as defined in Section 25316 of the Health and Safety Code of the State of California.

(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) "Permitting authority" shall be the City of Arcata or its designee.

(e) "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.

(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.

(h) "Secondary containment" means the level of containment 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 State Department of Health Services pursuant to Section 25200 or granted interim status under Section 225200.5 of the Health and Safety Code of the State of California, and has submitted to the Permitting Authority documentation verifying the issuance of the permit or the granting of the interim status.

(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 of the State of California.

(l) "Underground storage tank" means any one or combination of tanks, including pipes connected thereto, which is used for the storage of hazardous substances and which is substantially or totally beneath the surface of the ground. "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 he or she determines, by inspection prior to use, that the tank provides a level of protection equivalent to that required by Section 5802, if the tank was installed after June 30, 1984, or protection equivalent to that provided by Section 5803, 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 of the State of California, 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 pumps, lined and unlined pits, sumps and lagoons. Sumps which are a part of a monitoring system required under Section 5802 or Section 5803 are not exempted by this section.

(m) "Special inspectors" means a professional engineer, registered pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code of the State of California, 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.

(o) "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 intended to transport hazardous substances in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel.

Sec. 5802 Design standards and monitoring systems for new facilities.

No underground storage tank or facility shall be installed after the effective date of this ordinance, unless a permit to operate is first obtained from the Permitting Authority. A permit to operate shall not be issued for any underground storage tank or facility installed after the effective date of this ordinance, unless the underground storage tank or facility meets 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 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), inclusive, if the primary containment construction is of glass fibre, reinforced plastic, cathodically protected steel, or steel clad with glass fibre reinforced plastic, and 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 ground water from releases, and if the monitoring is in accordance with the alternative method identified in paragraph (3) of subdivision (b) of Section 5803. 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 5803 shall also be deemed to meet the requirements of this subdivision.

(b) Be designed and constructed with a monitoring system 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 permitting authority, a means of protection for any primary tank, including an overfill prevention device or an attention-getting high 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 other deterioration of a 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 contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility.

Sec. 5803 Monitoring systems for existing facilities.

No underground storage tank or facility installed on or before January 1, 1984, and for the storage of hazardous substances shall continue to operate unless a permit is obtained by January 1, 1986. No permit to operate such tank or facility shall be issue or remain valid unless the following actions are taken:

(a) On or before January 1, 1986, 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) On or before January 1, 1986, the owner shall provide a means for visual inspection of the tank, wherever practical, for the purpose of monitoring required by subdivision (a). Alternative methods of monitoring the tank on a monthly, or more frequent basis, may be required by the permitting authority.

The alternative monitoring methods include, but are not limited to, the following methods:

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

(2) A ground water monitoring well or wells which are down gradient and adjacent to the underground storage tank, vapor analysis with a well where appropriate, and analysis of soil borings at the time of initial installation of the well. The Permitting Authority shall develop regulations specifying monitoring alternatives and 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 pounds, inclusive, per square inch at time intervals specified by the State Water Resources Control Board and, whenever any pressurized system has a leak, detection device 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 specified by the State Water Resources Control Board.

Sec. 5804 Abandonment.

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

(b) An underground storage tank which is temporarily taken out of service, but which the operator intends to return to use, shall continue to be subject to all the permit, inspection, and monitoring requirements of this Chapter, unless the operator complies with the provisions of subdivision (c) for the period of time the underground tank is not in use.

(1) Demonstrates to the permitting authority that all residual amounts of the hazardous substance or hazardous substances which were stored in the tank prior to its closure have been removed, properly disposed of, and neutralized.

(2) Adequately seals the tank to minimize any threat to the public safety and the possibility of water intrusion into, or runoff from, the tank.

(3) Provides for, and carries out, the maintenance of the tank as Permitting Authority determines is necessary, for the period of time the Permitting Authority requires.

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

Sec. 5805 Permit required.

(a) No person shall operate a facility for the underground storage of any hazardous material within the incorporated area of the City of Arcata, unless by authority of a valid, unexpired and unrevoked permit to operate issued to the owner pursuant to the provisions of Section 5802, 5803, and 5822.

(b) A person shall be deemed to operate a facility and be in violation of a Section if such person, without a required permit, supervises, inspects, directs, organizes, manages or controls or is in any way responsible for or in charge of the facility for which the permit is required.

(c) This Section does not obviate the requirements to obtain valid permits pursuant to other provisions of this Code, or compliance with other applicable ordinances, including but not limited to the City of Arcata Land Use Code, and all applicable Building and Fire Codes. (Ord. 1516, eff. 8/16/2019)

Sec. 5806 Application filing.

All applications for a permit shall be filed in the office of the Arcata Director of Environmental Services, or his designee. (Ord. 1516, eff. 8/16/2019)

Sec. 5807 Application contents.

The application for a permit shall be filed on form and contain such information as is prescribed by the Permitting Authority, including the following:

(a) A description of the construction of the underground storage tank or tanks.

(b) 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.

(d) The names 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.

(e) The address of the facility at which the underground storage tank or tanks are located.

(f) The name of the person making the application.

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

(h) 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.

(i) Such other further information as is deemed necessary to administer the provisions of this Chapter.

Sec. 5808 Issuance.

The permitting authority shall act upon the application not later than ninety days after the date it is accepted as complete unless the applicant has filed with the Permitting Authority written notice of a request and received written approval for extension of the time within which action is taken on the grounds that additional time is required to prepare or present plans or other information, obtain zoning variances or other permits, or make other corrections remedying inconsistencies with the provisions of this Chapter; or the permitting authority has on file a written notice from a public agency showing just cause for an extension of time, and has approved an extension of time pursuant thereto.

Sec. 5809 Term.

The term of the permit to operate shall be five years, at which time the permittee may apply in the manner prescribed herein for renewal of the permit for another five-year term or terms.

Sec. 5810 Contents of permit.

(a) The permit shall contain a complete description of the enterprise for which it is issued, the date of permit issuance and date of permit expiration, and a description of any and all conditions upon which the permit has been issued. A copy of the permit shall be kept on the storage premises and shall be made available to the Permitting Authority upon request.

(b) As a condition of any permit to operate an underground storage tank, the permittee shall complete an annual report on a form provided by the Permitting Authority, which shall describe 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.

Sec. 5811 Monitoring.

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 Permitting Authority to determine that the operator has undertaken all monitoring activities required in the permit.

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 a summary of this Section, in the form which the Permitting Authority specifies by regulation. The owner shall notify the Permitting Authority in writing of any change of operator within 30 days of such change.

Sec. 5812 Fees.

The City Council may, by resolution or ordinance, prescribe fees for the issuance and renewal of a permit and fees for the filing of appeals regarding such permits or the revocation thereof.

Sec. 5813 Transferability.

No person shall operate an underground storage tank unless a permit has been issued. Any person who is to assume the ownership of an underground storage tank from the current owner shall provide a written statement accepting the conditions and obligations of the permit to the Permitting Authority not later than thirty (30) days after the ownership of the underground storage tank is transferred.

Sec. 5814 Inspections.

(a) The permitting authority shall inspect every underground storage tank or facility at least once every three years. The purpose of the inspection is to determine whether the tank or facility complies with the design and construction standards of this Chapter, 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 permitting authority shall prepare a compliance report detailing the inspection and shall send a copy of this report to the permittee.

(b) In addition to, or instead of, the inspections specified in subdivision (a), the permitting authority may require the permittee to employ, periodically, special inspectors to conduct an audit or assessment of the permittee’s facility to determine whether the facility complies with 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 Chapter, where appropriate. A copy of the report shall be filed with the permitting authority at the same time the inspector submits the report to the permittee. Within 30 days after receiving this report, the permittee shall file with the Permitting Authority a plan to implement all recommendations contained in the report or shall demonstrate, to the satisfaction of the permitting authority, why these recommendations should not be implemented.

(c) In order to carry out the purposes of this Chapter, any duly authorized representative of the permitting authority has the authority to inspect any place where underground storage tanks are located or to inspect real property which is within 2,000 feet of any place where underground storage tanks are located.

Sec. 5815 Unauthorized release.

(a) Any unauthorized release from the primary containment which the operator is able to clean up within eight hours and which does not escape from the secondary containment, does not increase the hazard of fire or explosion, and does not cause any deterioration of the secondary containment of the underground storage tank, shall be recorded on the operator’s monitoring reports.

(b) Any unauthorized release which escapes from the secondary containment, increases the hazard of fire or explosion, or causes any deterioration of the secondary containment of the underground tank shall be reported by the operator to the permitting authority 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 permitting authority 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 permitting authority shall consider the age of the tank, the methods of containment, the methods of monitoring, the feasibility of any required repairs, the concentration of the hazardous substances stored in the tank, the severity of potential unauthorized releases, and the suitability of any other long-term preventive measures which would meet the requirements of this Chapter.

Sec. 5816 Repairs.

Any physical modification including replacement, of an underground storage tank or facility, shall be undertaken in compliance with applicable codes as specified in part (c) of Section 5805.

Sec. 5817 Appeals.

Any decision of the permitting authority may be appealed to the Council by an interested party.

Any such appeal shall be in writing, shall state the specific reasons therefore and grounds asserted for relief, and shall be filed with the Director of Environmental Services, or his designee, not later than fifteen days after the date of the decision. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which complaint is made shall be deemed to have been waived. (Ord. 1516, eff. 8/16/2019)

Sec. 5818 Appeal hearing.

Not later than thirty days, or as soon thereafter as the matter can be heard, following the date of filing an appeal within the time and in the manner prescribed by Section 5817, the Council shall conduct a hearing on the appeal. Written notice of the time, date and place of the hearing shall be mailed to the appellant not later than ten days preceding the date of the hearing.

During the hearing, the burden of proof shall rest with the appellant. The provisions of the California Administration Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearings; nor shall formal rules of evidence in civil or criminal judicial proceedings be so applicable. At the conclusion of the hearing, the Council shall either grant, conditionally grant, or deny the appeal.

Sec. 5819 Ground for revocation.

Any permit issued pursuant to this Chapter may be revoked during its term upon one or more of the following grounds:

(a) That an unauthorized release has occurred pursuant to part (b) of Section 5815.

(b) That modifications have been made to the underground storage tank or facility in violation of the permit.

Sec. 5820 Method of revocation.

The permitting authority may revoke a permit by issuing a written notice of revocation, stating the reasons therefore, and serving same, together with a copy of the provisions of this Chapter, upon the permittee. The revocation shall become effective fifteen (15) days after the date of service, unless the permittee files an appeal in accordance with the provisions of Section 5817. If an appeal is filed, the revocation shall not become effective until the appeal is decided by the Council.

Sec. 5821 Administration.

Except as otherwise provided, the Director of Environmental Services or his designee shall administer this Chapter. (Ord. 1516, eff. 8/16/2019)

Sec. 5822 Interim permits.

(a) Interim permits to operate a tank or facility for the underground storage of any hazardous material may be issued in lieu of a permit if procedures and standards are consistent with the monitoring requirements of Sections 5802 or 5803.

(b) Applications for interim permits shall be filed in the office of the Director of Environmental Services and shall be on a form and contain such information as is prescribed by the permitting authority.

(c) If there is no change of ownership of the facility or tanks, an interim permit shall become a permit to operate if the permitting authority approves the monitoring method and determines that precision testing has demonstrated that an unauthorized release has not occurred.

No interim permit issued pursuant to this Section shall be valid after December 31, 1989.