4-5-120 UNDERGROUND STORAGE TANK SECONDARY CONTAINMENT REGULATIONS:

A. PURPOSE:

1. The purpose of this Section is to establish secondary containment and monitoring requirements for new underground storage facilities which store regulated substances including hazardous materials, flammable liquids, toxic substances and combustible liquids. This Section establishes construction standards for new underground storage facilities, establishes separate monitoring standards for new and existing underground storage facilities, establishes uniform standards for release reporting, emergency response and abandonments, and specifies permit procedures.

B. INTENT:

It is the intent of this Section to provide a method by which:

1. To safely store regulated substances including hazardous materials, flammable and combustible liquids, and toxic substances in underground storage facilities; to trap and safely hold for recovery any regulated substance which may leak from underground storage facilities;

2. To provide a systematic means of monitoring to determine the presence of any leaked substance so that it may be safely recovered in a timely manner;

3. To provide a means to monitor existing underground storage facilities to detect leaks;

4. To protect groundwater resources;

5. To protect the City’s drinking water supply from impacts caused by regulated substances; and

6. To reduce the fire and life safety hazards associated with substances that might otherwise escape from a primary container.

C. COMPLIANCE WITH THE FIRE CODE REQUIRED:

In addition to the provisions of this Section, all underground storage facilities installations shall meet all applicable provisions and requirements of chapters 27 and 34 of the International Fire Code. (Amd. Ord. 5086, 6-21-2004)

D. APPLICABILITY:

1. Persons who own one or more underground storage facilities storing regulated substances (including hazardous substances, flammable liquids, toxic substances, and combustible liquids) shall comply with this Chapter. If the operator of the underground storage facility is not the owner, then the owner shall enter into a written contract with the operator requiring the operator to comply with this Section.

2. All new underground storage facilities which store regulated substances must comply with the construction and monitoring standards for new underground storage facilities as set forth in this Section.

3. All existing underground storage facilities which store regulated substances must comply with the monitoring standards for existing underground facilities which are set forth in this Section. However, existing underground storage facilities which meet the construction and monitoring standards for new facilities as set forth in this Section may be issued permits and regulated pursuant to the standards and procedures for new facilities.

4. All owners and/or operators of underground storage facilities which store regulated substances now, have stored regulated substances in the past, or have the ability to store regulated substances in the future must comply with the release reporting requirements, the closure requirements and the permit application requirements as set forth in this Section.

5. The detection of any unauthorized release shall require compliance with the reporting requirements of this Section. (Amd. Ord. 5086, 6-21-2004)

E. EXCLUSIONS:

This Section specifically excludes regulation of the following:

1. Farm or residential tanks of one thousand one hundred (1,100) gallons or less capacity used for storing motor fuel for noncommercial purposes, except for new tank installations in the City’s Aquifer Protection Area;

2. Tanks used for storing heating oil for consumption use by single family residences, except for new tank installations in the City’s Aquifer Protection Area;

3. Septic tanks;

4. Storage tanks situated in an underground area (such as a basement, cellar, mineworking, drift, shaft or tunnel) if the storage tank is situated upon or above the surface of the floor;

5. Pipeline facility: Pipelines which transport regulated substances interjurisdictionally;

6. Surface impoundment, pit, pond or lagoon;

7. Stormwater or wastewater collection system;

8. Flow-through process tanks; or

9. Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

F. FIRE CODE OFFICIAL AND FIRE DEPARTMENT AUTHORITY AND RESPONSIBILITY:

The Fire Department shall not issue a permit to operate an underground storage facility until the Department inspects the underground storage facility and determines that the underground storage facility complies with the provisions of these regulations. The Fire Code Official or the Official’s duly authorized representative is hereby designated as the enforcing officer of this Section. In addition to all other grounds for revocation or termination of permits set forth in the general provisions hereof, any failure or refusal on the part of a permittee to obey any rule, regulation, condition or law concerning the installation, maintenance, or removal of underground storage facilities shall be grounds for revocation of a permit. (Amd. Ord. 5086, 6-21-2004)

G. DEFINITIONS OF TERMS USED IN THIS SECTION:

ABANDONMENT OF UNDERGROUND STORAGE FACILITIES:

1. The relinquishment or termination or possession, ownership or control without full disclosure to the new owner thereof of containers, tanks, or pipes which have stored in the past or are currently storing regulated substances whether by vacating or by disposition thereof and shall not depend on a mere lapse of time; or

2. Storage facilities which have been substantially emptied and unattended.

AQUIFER PROTECTION AREA (APA): Refer to RMC 4-3-050B, Applicability – Critical Areas Designations/Mapping, and RMC 4-11-010, Definitions A. (Amd. Ord. 4851, 8-7-2000)

CLOSURE OF UNDERGROUND STORAGE FACILITIES: The lawful emptying and/or removal of underground storage facilities pursuant to a permit issued by the Fire Department and in conformance with chapter 34 of the International Fire Code. (Amd. Ord. 5086, 6-21-2004)

CONTINUOUS MONITORING: A system using automatic equipment which routinely performs the required monitoring on a periodic or cyclic basis throughout each day.

DEPARTMENT: The City of Renton Fire Department.

DOUBLE-WALLED: A container with two (2) complete shells which provide both primary and secondary containment. The outer shell must provide structural support and must be constructed primarily of nonearthen materials including, but not limited to, concrete, steel, and plastic.

EXISTING UNDERGROUND STORAGE FACILITY: Any underground storage facility that is not a new underground storage facility. The term includes any underground storage facility which has contained a hazardous substance in the past and, as of July 1, 1987, had the physical capacity of being used again (it had not been removed or completely filled with an inert solid).

LEAK DETECTION SYSTEM: A system or technology capable of detecting, within twenty four (24) hours, the failure of either the primary or secondary containment structure or the presence of liquid in the secondary containment structure.

MEMBRANE LINER: Any membrane sheet material fabricated into system for secondary containment. A membrane liner is placed external to a tank, in order to be an impermeable barrier between a primary containment device including pipes, and the ground. The membrane must provide a complete envelope that will prevent both lateral and vertical migration of the stored product out of the containment system and will be free of cracks and gaps.

NATIONALLY RECOGNIZED INDEPENDENT TESTING ORGANIZATION: Any one of the following organizations, or other organizations approved by the Fire Code Official:

American National Standards Institute (ANSI)

American Society of Mechanical Engineers (ASME)

American Society for Testing and Materials (ASTM)

National Association of Corrosion Engineers (NACE)

National Sanitation Foundation (NSF)

Underwriters Laboratories (UL)

Underwriters Laboratories of Canada, Inc. (ULC)

(Amd. Ord. 5086, 6-21-2004)

NEW UNDERGROUND STORAGE FACILITY: Any underground storage facility subject to this Section which is installed after the effective date of this Section or which complies with the requirements of RMC 4-5-120H.

OPERATOR: Any person in control of, or having responsibility for, the daily operation of a storage facility.

OWNER: Includes his duly authorized agent or attorney, a purchaser, devisee, fiduciary and a person having vested or contingent interest in the property in question.

PRIMARY CONTAINMENT: A device (such as a tank, pipe, drum) and associated appurtenances which holds a regulated substance.

PRODUCT TIGHT: 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 primary container shall not be subject to physical or chemical deterioration by the substance which it contains over the useful life of the tank.

REGULATED SUBSTANCES: Any hazardous materials, flammable liquid, combustible liquid, or toxic substances which are more particularly defined as:

1. Flammable Liquid: Any liquid having a flash point below one hundred degrees (100°) Fahrenheit and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute) at one hundred degrees (100°) Fahrenheit.

2. Combustible Liquid: A liquid having a flash point at or above one hundred degrees (100°) Fahrenheit.

3. Hazardous Materials: Includes such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, highly toxic, materials, poisonous gases, reactive materials, unstable materials, hyperbolic materials and pyrophoric materials as defined in chapter 2 of the International Fire Code and any substance or mixture of substances which is an irritant, a strong sensitizer or which generates pressure through exposure to heat, decomposition or other means.

4. Toxic Substance: Any material, either singularly or in combination, which may pose a present or potential hazard to human health or to the quality of groundwaters when improperly used, stored, transported or disposed of or otherwise mismanaged including fertilizers, herbicides, and pesticides. (Amd. Ord. 5086, 6-21-2004)

SECONDARY CONTAINMENT: A system which will completely collect and contain all primary containment spills and leaks, and contaminated precipitations, until appropriate remedial action can be determined.

SINGLE-WALLED: A container with one shell in which regulated substances can or are being stored and which provides primary containment.

UNAUTHORIZED RELEASE: Any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from any underground storage tank into groundwater, surface water, or subsurface soils. Unauthorized release does not include intentional withdrawals of hazardous substances for the purpose of legitimate sale, use or disposal.

UNDERGROUND STORAGE FACILITY: A tank, pipe, vessel or other container, or any combination of the foregoing, used or designed to be used for the underground storage or underground transmission of regulated substances and the volume of which (including the volume of the underground pipes connected thereto) is ten percent (10%) or more beneath the surface of the ground. The underground storage facilities include but are not limited to line leak detectors, monitoring wells, continuous automatic leak detection systems, and secondary containment systems associated therewith.

H. NEW UNDERGROUND STORAGE FACILITIES AND MONITORING STANDARDS:

1. Applicability: The following subsections shall apply to all new installations of primary and secondary containers including leak interception and detection systems. (Amd. Ord. 5086, 6-21-2004)

2. Standards for New Underground Storage Facilities:

a. Primary and secondary levels of containment shall be required for all new underground storage facilities used for the storage of regulated substances.

b. All primary containers shall be product-tight and shall be installed in accordance with all applicable sections of chapter 34 of the International Fire Code.

c. All secondary containers shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the secondary container as a result of contact with any released hazardous substance and shall be capable of containing any unauthorized release of the hazardous substance stored within the primary container(s) for at least the maximum anticipated period, established by manufacturer’s specifications, sufficient to allow detection and removal of the unauthorized release.

d. If a hazardous substance has come into contact with the secondary container and either additional primary containers exist within the secondary container or the leaking primary container has been closed as specified in this Section and replaced by a new primary container, the owner shall demonstrate to the satisfaction of the Department that the requirements of subsection H2c of this Section are still achievable or replace the secondary container.

e. The secondary container shall have the ability to contain the following volumes:

i. At least one hundred percent (100%) of the volume of the primary container where only one primary container is within the secondary container.

ii. In the case of multiple primary containers within a single secondary container, the secondary container shall be large enough to contain one hundred fifty percent (150%) of the volume of the largest primary container placed in it or ten percent (10%) of the aggregate internal volume of all primary containers in the secondary container, whichever is greater.

f. If the secondary container is open to rainfall, then it shall be able to accommodate the volume of precipitation which could enter the secondary container during a twenty four (24) hour, one hundred (100) year storm in addition to the volume of hazardous substance storage required in subsection H2e of this Section.

g. The volumetric requirements for the pore space of a granular material placed in the secondary container as backfill for the primary container shall be equal to or greater than that required in subsection H2e of this Section. The available pore space in the secondary container backfill shall be determined using appropriate engineering methods and safety factors and shall consider the specific retention and specific yield of the backfill material, the location of the primary container within the secondary container, and the proposed method of operation for the secondary container.

h. The secondary container shall be equipped with a collection system to accumulate, temporarily store, and permit removal of any precipitation, subsurface infiltration, or hazardous substance released from the primary container.

i. Laminated, coated, or clad materials shall be considered single-walled and shall not be construed to fulfill the requirements of both primary and secondary containment.

j. All primary containers and double-walled underground storage tanks subject to flotations shall be weighted or anchored using methods specified by the manufacturer or, if none exist, best engineering judgment. (Amd. Ord. 5086, 6-21-2004)

3. Design Standards for New Primary Containers and Double-Walled Underground Storage Tanks:

a. Cathodically protected steel underground storage tanks, steel underground storage tanks clad with glass fibre-reinforced plastic, and glass fibre plastic underground storage tanks shall be fabricated and designed to standards developed by a nationally recognized independent testing organization or be listed by the testing organization.

b. Underground storage tanks shall be tested by the manufacturer or an independent testing organization for durability and chemical compatibility with the regulated substances to be stored using recognized engineering practices for materials testing.

c. Except for steel underground storage tanks, a wear plate (striker plate) shall be centered under all accessible openings of the underground storage tank. The plate shall be constructed of steel or, if the steel is not compatible with the regulated substance stored, a material resistant to the stored regulated substance. The width of the plate shall be at least nine inches (9") wide and have an area of one square foot or be equal to the area of the accessible opening or guide tube, whichever is larger. The thickness of the steel plate shall be at least 0.053 inch (1.35 mm), and those constructed of other materials (as required) shall be of sufficient thickness to provide equivalent protection. The plate shall be rolled to the contours of underground storage tank and bonded or seam welded in place.

d. Single-walled primary containers of steel and the outer surface of double-walled underground storage tanks constructed of steel which are not clad with glass fibre reinforced plastic, shall be protected by a properly installed, maintained, and monitored cathodic protection system. Selection of the type of protection to be employed shall be based on a certification listing by a nationally recognized independent testing organization or the judgment of a registered corrosion engineer or a National Association of Corrosion Engineers (NACE) accredited corrosion specialist taking into account the corrosion history of the area. Underground storage tanks with listed corrosion resistant materials, nonmetallic glass fiber reinforced plastic coatings, composites, or equivalent systems shall be tested immediately prior to installation.

i. The protection system shall be inspected under the direction of a registered corrosion engineer or NACE corrosion specialist at the frequency specified in the certification or in accordance with the schedule prescribed by the system designer, but not less than annually.

ii. Underground storage tanks in a vault and not backfilled are exempted from the requirements of this subsection.

e. All primary containers and double-walled underground storage tanks shall be installed according to the manufacturer’s written recommendations or, if no written recommendations exist, best engineering practice.

f. Underground storage tanks shall be tested before being put into service in accordance with the applicable sections of the code under which they were built. The ASME code stamp or listing mark of Underwriters Laboratories, Incorporated (UL), or any other nationally recognized independent testing organization shall be evidence of compliance with this requirement.

g. Before being covered, enclosed, or placed in use, all underground storage tanks and piping shall be tested for tightness hydrostatically or with air pressure at not less than three (3) pounds per square inch and not more than five (5) pounds per square inch. Pressure piping shall be hydrostatically tested to one hundred fifty percent (150%) of the maximum anticipated pressure of the system, or pneumatically tested to one hundred ten percent (110%) of the maximum anticipated pressure of the system, but not less than five (5) pounds per square inch gauge at the highest point of the system. This test shall be maintained for a sufficient time to complete visual inspection of all joints and connections, but for at least ten (10) minutes. In lieu of the above, a test using accepted engineering practices shall be used. Double-walled underground storage tanks are exempt from the requirements of this Section provided that the annular space is monitored using either pressure or vacuum testing. (Ord. 4147, 4-4-1988)

h. All underground storage tanks shall be equipped with an overflow spill protection system; a combination of “i” and at least one additional method of “ii” through “iv” must be used and is defined as follows:

i. A spill catchment basin which surrounds the fill pipe and prevents the inflow of the hazardous substance into the subsurface environment.

ii. A level sensing device that continuously monitors and indicates the liquid level in the underground storage tank.

iii. An audible/visual alarm system triggered by a liquid level sensor to alert the operator of an impending overfill condition.

iv. An automatic shut-off device that stops the flow of product being delivered to the underground storage tank when the underground storage tank is full. (Ord. 4323, 8-12-1991)

4. Standards for Secondary Containers Including Leak Interception and Detection Systems:

a. The secondary container shall, at a minimum, encompass the area within the system of vertical planes surrounding the exterior of the primary containment unit. If backfill is placed between the primary and secondary containment, then an evaluation shall be made of the maximum lateral spread of a point leak from the primary containment over the vertical distance between the primary and secondary containment. The secondary containment shall extend an additional distance beyond the vertical planes described above equal to the radius of lateral spread plus one foot (1').

b. The secondary container must be capable of precluding the inflow of the highest groundwater anticipated during the life of the underground storage tank into the space between the primary and secondary containers.

c. If the space between the primary and secondary containers is backfilled, the backfill material shall not preclude the vertical movement of leakage from any part of the primary container.

d. The secondary container and any backfill material between the primary and secondary containers shall be designed and constructed to promote gravity drainage of a leak of regulated substances from any part of the primary container to the monitoring location(s).

e. Two (2) or more primary containers shall not utilize the same secondary container if the primary containers store materials that in combination may cause a fire or explosion; or the production of a flammable, toxic, or poisonous gas; or the deterioration of a primary or secondary container.

f. Drainage of liquid from within a secondary container shall be controlled in a manner approved by the Fire Department so as to prevent regulated materials from being discharged. The liquid shall be analyzed to determine the presence of any of the regulated substance(s) stored in the primary container prior to initial removal and monthly thereafter for any continuous discharge (removal) to determine the appropriate method for final disposal. The liquid shall be sampled and analyzed immediately upon an indication of an unauthorized release from the primary container.

g. For primary containers installed completely beneath the ground surface, the original excavation for the secondary container shall have a watertight cover which extends at least one foot (1') beyond each boundary of the original excavation. This cover shall be asphalt, reinforced concrete, or equivalent material which is sloped to drainways leading away from the excavation. Access openings shall be constructed as watertight as practical. Double-walled underground storage tanks and open vaults are exempt from the requirements of this subsection.

h. The actual location and orientation of the underground storage tanks and appurtenant piping systems shall be indicated on as-built drawings of the facility. Copies of all drawings and/or plans shall be submitted to the Fire Department.

i. The floor of the secondary container shall be constructed on a firm base and, if necessary for monitoring, shall be sloped to a collection sump. One or more access casings shall be installed in the sump and sized to allow removal of collected liquid. The access casing shall extend to the ground surface, be perforated in the region of the sump, and covered with a locked waterproof cap. If this access casing is within a secured facility, the requirements for a locked cap may be waived by the Fire Marshal. The casing shall be thick enough to withstand all anticipated stresses with appropriate engineering safety factors and constructed of materials that will not be structurally weakened by the stored hazardous substance and will not donate, capture, or mask constituents for which analyses will be made.

j. Systems for secondary containment utilizing membrane liners shall meet the following requirements:

i. The membrane liner shall have a permeability factor of twenty five one-hundredths (0.25) ounces per square foot per twenty four (24) hours or less. Such permeability shall constitute the maximum rate of transport over time of the hazardous substance proposed for storage. Permeability shall be evaluated according to accepted engineering practices for materials testing.

ii. The membrane liner shall be considered to have satisfied the requirements of this Section only if the liner material meets the following standards. The material properties specified in these standards shall be determined using accepted engineering practices for materials tested. All certifications of accepted standards are to be forwarded to this Department prior to installation.

k. The liner shall be installed under the supervision of a representative of the membrane liner fabricator or a contractor certified by such fabricator.

l. The excavation base and walls for the synthetic liner shall be prepared to the liner fabricator’s specifications and shall be firm, smooth, and free of any sharp objects or protrusions.

m. The design of double-walled underground storage tanks shall allow for monitoring of the annular space.

n. “Sticking” the annular space of a double-walled underground storage tank as a monitoring method shall not be allowed unless a strike plate or other approved devices used to protect the underground storage tank are located directly under the monitoring opening.

o. The double-walled underground storage tank shall be so designed and installed that any loss of hazardous substance from the primary container will drain to a specific location within the annular space, as required, to be detected by a monitoring device or method.

p. Any special accessories, fitting, coating, or lining not inherent within the initial design of the primary container or double-walled underground storage tank shall be approved by a nationally recognized, independent testing organization or a demonstration of integrity with the primary container or double-walled underground storage tank shall be required.

5. Monitoring Standards for New Underground Storage Facilities:

a. The owners or operators of all new underground storage facilities shall implement a monitoring program that is approved by the Department and required as a condition of the permit. Visual monitoring must be implemented unless it is determined by the Department to be unfeasible to visually monitor.

b. All monitoring programs shall include a written routine monitoring procedure which includes, when applicable:

i. the frequency of performing the monitoring method,

ii. the methods and equipment to be used for performing the monitoring,

iii. the location(s) from which the monitoring will be performed,

iv. the name(s) or title(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment, and

v. the reporting format.

6. Response Plan for New Underground Storage Facilities:

a. Plan Required: A response plan shall be developed by the permit applicant which demonstrates, to the satisfaction of the Fire Marshal, that any unauthorized release will be removed from the secondary container within the shortest possible time and no longer than the time consistent with the ability of the secondary container to contain the regulated substance. This response plan shall be a condition of the underground storage facility permit.

b. Plan Contents: The response plan shall include, but is not limited to, the following:

i. A description of the proposed methods and equipment to be used for removing the hazardous substance, including the location and availability of the required equipment, if not permanently on-site, and an equipment maintenance schedule for the equipment located on-site.

ii. The name(s) or title(s) of the person(s) responsible for authorizing the work to be performed.

I. EXISTING INSTALLATIONS AND MONITORING STANDARDS:

1. Continuation: Any underground storage facility in existence as of the effective date of this Section, or for which an installation permit has been obtained prior to the effective date of this Section, shall be allowed to continue in use, so long as it is product-tight.

2. Leaks: Should any existing storage tank and/or its associated piping experience a loss of product, due to leakage or mechanical failure, the entire underground storage facility shall be upgraded to meet the requirements for a new underground storage facility as set forth in this Section. Should any existing storage tank experience a loss of product due to a failure in its associated piping, the Fire Code Official shall have the authority, upon written request of the owner/operator, to waive the requirement to replace the entire facility. Such waiver shall be based upon certification to the satisfaction of the Code Official that the piping has been fully repaired. At a minimum, such certification shall include a product-tight test of the facility.

3. Monitoring Standards for Existing Underground Storage Facilities:

a. Monitoring System Required: All owners of existing underground storage facilities which store regulated substances subject to this Section shall implement a visual monitoring or alternative monitoring system that complies with this Section and is approved by the Fire Marshal within eighteen (18) months of the effective date of this Section.

b. Objective: The objective of the monitoring program for existing underground storage facilities is to detect unauthorized releases within seventy two (72) hours of their occurrence.

c. Fire Department Approval Required: The Fire Department shall review the proposed monitoring program and shall approve the monitoring system if it finds that all aspects of the monitoring alternative can be implemented. If the proposed monitoring alternative cannot be approved, then the Fire Department may request the submittal of another proposed monitoring alternative or may specify the implementation of another monitoring alternative.

d. Monitoring System Requirements: The monitoring system must be capable of determining the containment ability of the underground storage tank and detecting any active or future unauthorized releases. Groundwater monitoring may be utilized as a primary means of monitoring only when the underground storage facility is located outside of an Aquifer Protection Area. All owners of existing underground storage facilities subject to this Section who are not able to implement visual monitoring shall implement one of the following monitoring alternatives in conformance with any permit requirements imposed by the Fire Marshal:

i. Tank tightness testing and inventory reconciliation controls.

ii. Testing or monitoring for vapors within the soil surrounding the underground storage tank system.

iii. Monitoring for products on the groundwater.

iv. Monitoring for releases in an interception barrier.

v. Automatic monitoring of product level and automatic inventory reconciliation.

vi. Interstitial monitoring between the underground storage tank and a secondary barrier.

vii. Other methods approved by the Fire Department.

e. Annual Certification of Monitoring System: Leak detection devices and monitoring systems installed in accordance with this Section shall be inspected and tested at least annually, and the test results maintained on-site for at least one year.

4. System Evaluation Criteria: The Fire Department shall evaluate each monitoring alternative proposed by the applicant for a permit to determine its suitability based on the following criteria:

a. Whenever possible, primary method of monitoring other than groundwater monitoring shall be performed, monthly at a minimum.

b. When the underground storage facility is in an Aquifer Protection Area, a monitoring method other than groundwater monitoring shall be utilized on a weekly or more frequent basis for leak detection monitoring.

c. Groundwater monitoring may be required by the Fire Code Official in an Aquifer Protection Area. The Fire Marshal shall review and approve the number and location of the monitoring well(s). More than one underground storage facility may be monitored using the same well provided the well is directly downgradient of all underground storage facilities being monitored and is within one thousand feet (1,000') of all underground storage facilities being monitored. (Ord. 5676, 12-3-2012)

5. Tests: If the monitoring technique(s) selected is designed to detect the presence of the stored regulated substance outside of the underground storage facility, then tests must be made to determine if the regulated substance or any interfering constituents exist in the soil or backfill surrounding the underground storage facility.

6. Failure to Monitor: The failure to implement an approved monitoring system shall be cause for the Fire Code Official to require closure of the underground storage facility pursuant to subsection L of this Section, Closure Requirements. (Amd. Ord. 5086, 6-21-2004)

J. PERMITS:

1. Permit Required: No person, persons, corporation or other legal entities shall install or operate a primary or secondary storage facility without first obtaining a permit to do so from the Fire Department.

2. Information Required: The Fire Department shall not issue a permit to install or operate a primary or secondary underground storage facility unless adequate plans, specifications, test data, and/or other appropriate information have been submitted by the owner and/or operator showing that the proposed design and construction of the facility meet the intent and provisions of this Section.

3. Abandonment Prohibited: No person, persons, corporation or other legal entities shall temporarily or permanently abandon a primary or secondary storage facility.

4. Closure Procedure: No person, persons, corporation or other legal entities shall close a primary or secondary underground storage facility without first obtaining a permit to do so from the Fire Marshal. The Fire Marshal shall not issue a permit to temporarily or permanently close a primary or secondary underground storage facility unless adequate plans and specifications and other appropriate information have been submitted by the applicant showing that the proposed closure meets the intent and provisions of this Section.

5. Fee: The application for a permit pursuant to this Section shall be accompanied by the fee stipulated in the City of Renton Fee Schedule. (Ord. 5806, 6-20-2016)

6. Permit Conditions:

a. Notification of Changes or Release:

i. As a condition of any permit requirements to operate an underground storage facility, the permittee shall report to the Department within thirty (30) days after any changes in the usage of any underground storage tank, including:

ii. As a condition on any permit requirement to operate an underground storage facility, the permittee shall report to the Department within seventy two (72) hours any replacement or repair of all or part of any underground storage facility.

iii. As a condition of any permit requirement to operate an underground storage facility, the permittee shall report to the Department any unauthorized release occurrence, within twenty four (24) hours of its detection, using the procedures required in this Section.

b. Monitoring Records Required: Written records of all monitoring performed shall be maintained on-site by the operator for a period of at least three (3) years from the date the monitoring was performed. The Fire Department may require the submittal of the monitoring records or a summary at a frequency that they may establish. The written records of all monitoring performed in the past three (3) years shall be shown to the Department or duly authorized representative upon demand during any site inspection. Monitoring records shall include:

i. The date and time of all monitoring or sampling;

ii. Monitoring equipment calibration and maintenance records;

iii. The results of any visual observations;

iv. The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets;

v. The logs of all readings of gauges or other monitoring equipment, groundwater elevations, or other test results; and

vi. The results of inventory readings and reconciliations.

7. Permit Expiration: A permit to operate issued by the Fire Department shall be effective for one year. The underground storage facility owner shall apply to the Department for permit renewal at least sixty (60) days prior to the expiration of the permit.

8. Transfer of Permit: Permits may be transferred to a new underground storage facility owner if the new underground storage facility owner does not change any conditions of the permit, the transfer is registered with the Department within thirty (30) days of the change in ownership, and any necessary modifications are made to the information in the initial permit application due to the change in ownership. The Fire Department may review, modify, or terminate the permit to operate the underground storage facility upon receiving the ownership transfer request.

9. Inspection Required for Permit Renewal: The Fire Department shall not renew an underground storage facility permit unless the underground storage facility has been inspected within the prior three (3) years and the inspection revealed that the underground storage facility complied with this Section, as applicable, and with all existing permit conditions. The inspection shall be conducted by the Fire Department. If the inspection reveals noncompliance, then the Department must verify by a follow-up inspection that all required corrections have been implemented before renewing the permit.

10. Implementation of Inspection Report: Within thirty (30) days of receiving an inspection report from the Department the permit holder shall file with the Department a plan and time schedule to implement any required modifications to the underground storage facility or to the monitoring plan needed to achieve compliance with the intent of this Section or the permit conditions. This plan and time schedule shall also implement all of the recommendations of the Department.

K. RELEASE REPORTING REQUIREMENTS:

1. Reporting Required for All Unauthorized Releases: All unauthorized releases from the primary or secondary container shall be reported to the Fire Department according to the provisions of this Section.

a. Releases to Secondary Containers: All unauthorized releases to secondary containers shall be recorded on the operator’s monitoring reports. Such an unauthorized release shall be determined to be “an unauthorized release requiring reporting”, if the leak detection monitoring system in the space between the primary and secondary containers cannot be reactivated within eight (8) hours. This provision shall be applicable only to new underground storage tanks.

b. All Other Releases: All other unauthorized releases shall be reported pursuant to the provisions of an “unauthorized release requiring reporting” within twenty four (24) hours after the release has been, or should have been, detected under the monitoring system installed or maintained.

2. Unauthorized Releases Requiring Recording:

a. Definition of Release Requiring Recording: An unauthorized release requiring recording is one in which the leak detection monitoring system in the space between the primary and secondary container could be reactivated within eight (8) hours.

b. Time for Reporting: Unauthorized releases requiring recording shall be reported to the Fire Department within five (5) days of the occurrence.

c. Content of Report: The incident report shall be accompanied by a written record including the following information:

i. List of type, quantities, and concentration of hazardous substances released.

ii. Method of cleanup.

iii. Method and location of disposal of the released hazardous substances (indicate whether a hazardous waste manifest(s) is utilized).

iv. Method of future leak prevention or repair. If this involves a change in operation, monitoring or management, then appropriate reports shall also be filed and a new permit applied for.

v. If the primary container is to continue to be used, then a description of how the monitoring system between the primary and secondary container has been reactivated.

vi. Facility operator’s name and telephone number.

vii. The approximate costs for cleanup to be submitted voluntarily.

d. Review and Inspection: The Department shall review the information submitted pursuant to the report of an unauthorized release requiring recording, shall review the permit and may inspect the underground storage facility.

e. Revocation of Permit: The Department shall find that the containment and monitoring standards of this Section can continue to be achieved or the Department shall revoke the permit until appropriate modifications are made to allow compliance with the standards.

f. Causes of Container Deterioration: Deterioration of the secondary container is likely when any of the following conditions exist:

i. The secondary container will have some loss of integrity due to contact with the stored hazardous substances;

ii. The mechanical means used to clean up the released hazardous substance could damage the secondary container; or

iii. Hazardous substances, other than those stored in the primary container, are added to the secondary container for treatment or neutralization of the released hazardous substance as part of the cleanup process.

g. Reportable or Recordable Release: If a recordable unauthorized release becomes a reportable unauthorized release due to initially unanticipated facts, the release shall immediately be treated as a reportable release.

3. Unauthorized Release Requiring Reporting:

a. Time for Notification: Within twenty four (24) hours after an unauthorized release has been detected, or should have been detected, using required monitoring, the operator shall notify the Fire Department. This Section shall apply to any unauthorized release except as defined in subsection K2a of this Section. (Amd. Ord. 5086, 6-21-2004)

b. Time for and Content of Report: Within five (5) working days of detecting the release, the operator or permittee shall submit to the Department a full written report to include all of the following information which is known at the time of filing the report:

i. List of type, quantity, and concentration of regulated substances released.

ii. The results of all investigations completed at that time to determine the extent of soil or groundwater or surface water contamination due to the release.

iii. Method of cleanup implemented to date, proposed cleanup actions, and approximate cost of actions taken to date.

iv. Method and location of disposal of the released regulated substance and any contaminated soils or groundwater or surface water.

v. Proposed method of repair or replacement of the primary and secondary containers.

vi. Facility operator’s name and telephone number.

4. Subsequent Cleanup Reports Required: Until cleanup is complete, the operator or permittee shall submit reports to the Department every month or at a more frequent interval specified by the Department. The reports shall include the information requested in this Section.

L. CLOSURE REQUIREMENTS:

1. Closure Required: Existing underground storage facilities which have experienced an unauthorized release may not be repaired and shall be closed pursuant to the requirements of this Section. During the period of time between cessation of regulated substance storage and actual completion of underground storage facility closure, the applicable containment and monitoring requirements of this Section shall continue to apply.

2. Exception: The requirements of this Section do not apply to those underground storage facilities in which regulated substances are continued to be stored even though there is no use being made of the stored substance. In these cases, the applicable containment and monitoring requirements of this Section shall continue to apply.

3. General Provisions:

a. Compliance with Fire Code Required: All closures shall be accomplished in conformance with chapter 34 of the International Fire Code and with the provisions of this Section.

b. Closure Proposal Required: Prior to closure, the underground storage facility owner shall submit to the Department a proposal describing how the owner intends to comply with closure requirements. The requirement for prior submittal is waived if the storage of regulated substances ceases as a result of an unauthorized release or to prevent or minimize the effects of an unauthorized release. In this situation, the underground storage facility owner shall submit the required proposal within fourteen (14) days of either the discovery of an unauthorized release or the implementation of actions taken to prevent or minimize the effects of the unauthorized release.

c. Department of Ecology Notification: Notification of intent to close underground storage tanks shall be submitted to the Department of Ecology at least thirty (30) days prior to the start of work, in accordance with WAC 173-360-385.

4. Temporary Closure:

a. Applicability: This Section applies to those underground storage facilities in which storage has ceased for a period of more than ninety (90) days and less than three hundred sixty five (365) days and where the owner or operator proposes to retain the ability to use the underground storage facility within a year for the storage of regulated substances. Underground storage facilities temporarily taken out of service for a period of up to ninety (90) days shall continue to be monitored in conformance with the applicable subsections of this Section.

b. Exception: This Section does not apply to underground storage facilities that are empty as a result of the withdrawal of all stored material during normal operating practice prior to the planned input of additional regulated substances consistent with permit conditions.

c. Standards and Requirements for Temporary Closure: The owner or operator shall comply with all of the following:

i. All residual liquid, solids, or sludges shall be removed and handled pursuant to the requirements of the Fire Department.

ii. If the underground storage facility contained a regulated substance that could produce flammable vapors at standard temperature and pressure, then the underground storage facility shall be purged of the flammable vapors to levels that would preclude an explosion or such lower levels as may be required by the Fire Department.

iii. The underground storage tank may be filled with a noncorrosive liquid that is not a regulated substance. This liquid must be tested by a certified testing agency and results submitted to the Department prior to its being removed from the underground storage facility at the end of the temporary closure period.

iv. Except for required venting, all fill and access locations and piping shall be sealed utilizing locked caps or concrete plugs.

v. Power service shall be disconnected from all pumps associated with the use of the underground storage tank.

d. Modification of Monitoring Requirements: The monitoring required pursuant to the permit may be modified or eliminated during the temporary closure period by the Department. The Department shall consider, in making the above decision, the need to maintain monitoring in order to detect unauthorized releases that may have occurred during the time the underground storage facility was used but that have not yet reached the monitoring locations and been detected.

e. Inspection Required: The underground storage facility shall be inspected by the owner or operator at least once every three (3) months to assure that the temporary closure actions are still in place. This shall include:

i. Visual inspection of all locked caps and concrete plugs.

ii. If locked caps are utilized, then at least one shall be removed to determine if any liquids or other substances have been added to the underground storage tank or if there has been a change in the quantity or type of liquid added pursuant to the above Section.

f. Closure Plan Required: A closure plan clearly illustrating when and how the tank will either be placed back into service, removed from the ground, or permanently abandoned is required to be submitted to the Department at the time of permit application.

5. Permanent Closure Requirements:

a. Applicability: The permanent closure requirements of this Section shall apply to those underground storage facilities in which the storage of regulated substances has ceased for a period of more than three hundred sixty five (365) days or when the owner has no intent within the next year to use the underground storage facility for storage of regulated substances.

b. Compliance Required: Owners of underground storage facilities subject to permanent closure shall comply with all the provisions of this Section.

c. Standards and Requirements for Removal of Tanks: An underground storage facility that is required to be permanently closed shall have the tanks removed, per chapter 34 of the International Fire Code. Owners of underground storage facilities proposing to permanently close the facility by removal shall comply with the following requirements:

i. All residual liquid, solids, or sludges shall be removed.

ii. If the underground storage facility contained a regulated substance that could produce flammable vapors at standard temperature and pressure, then the underground storage facility, either in part or as a whole, shall be purged of the flammable vapors to levels that would preclude explosion or such lower levels as may be required by the Department.

iii. When an underground storage facility or any part of an underground storage facility is to be disposed of, the owner must document to the Department that proper disposal has been completed.

iv. An owner of an underground storage facility or any part of an underground storage facility that is destined for a specific reuse shall identify to the Department the future underground storage facility owner, operator, location of use, and nature of use.

v. An owner of an underground storage facility or any part of an underground storage facility that is destined for reuse as scrap material shall identify this reuse to the Department.

d. Standards and Requirements for Abandoning Tank in Place: A tank may be abandoned and closed in place, if it can be proven that removal of the tank could constitute a hazard to the immediate structure or underground utilities. The closing in place is at the Fire Code Official’s approval. Owners of underground storage facilities who propose to permanently close a facility in place with prior approval of the Fire Code Official shall comply with the following:

i. All residual liquid, solids, or sludges shall be removed.

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

iii. The underground storage tank, except for the piping that is closed pursuant to the above subsection, shall be completely filled with an inert solid, unless the owner intends to use the underground storage tank for the storage of a nonregulated substance which is compatible with the previous use of the underground storage facility.

iv. A notice shall be filed and recorded with the County Auditor, which shall describe the exact vertical and area location of the closed underground storage facility, the regulated substance it contained, and the closure method.

e. Demonstration to Fire Code Official: The owner of an underground storage facility being closed shall demonstrate to the satisfaction of the Fire Code Official that no unauthorized release has occurred. This demonstration can be based on the ongoing leak detection monitoring, groundwater monitoring, or soils sampling performed during or immediately after closure activities. If feasible, soil samples shall be taken and analyzed according to the following:

i. If the underground storage facility or any portion thereof is removed, then soil samples from the soils immediately beneath the removed portions shall be taken. Sampling shall be conducted using the methods described in the Department of Ecology’s Guidance for Remediation of Petroleum Contaminated Soils (Document 91-30). At a minimum, a separate sample shall be taken for every two hundred (200) square feet for underground storage tanks or every twenty (20) lineal feet of trench for piping.

ii. Methods used to analyze soil samples shall be in accordance with the Department of Ecology’s Guidance for Remediation of Petroleum Contaminated Soils (Document 91-30). At a minimum, soils shall be analyzed for all constituents of the previously stored regulated substances and their breakdown or transformation products. (Amd. Ord. 5086, 6-21-2004)

M. VARIANCES:

The Fire Code Official shall have the authority to grant variances from the specific requirements of this Section, if it can be shown that the proposed method of installation, operation, or removal meets the intent of this Section. (Ord. 4147, 4-4-1988; Amd. Ord. 4963, 5-13-2002; Ord. 5086, 6-21-2004)