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CA:RMM:SSS:ss8600b
Clty Councll Meetlng 12-11-84
Santa MonIca, Californla
ORDINANCE NUMBER ~23(CCS)
(Clty Councll Serles)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 6 OF ARTICLE VIII
OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO UNDERGROUND STORAGE TANKS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Sectlon 8607 of the Santa Monlca Munlclpal
Code IS amended to read as follows:
SectIon 8607.
Standards for
New
Underground Storage Tanks.
Every
underground storage tank Installed after
January 1, 1984, shall meet all of the
followlng requlrements.
( 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:
tit
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(1)
Pr1mary
conta1nment
shall be product-t~9ht.
(2) Secondary contalnment
shall be constructed to prevent structural
weakenIng as a result of contact w1th any
released hazardous substances} and also
shall be capable of storIng the hazardous
substances for the maXImum, antIcIpated
per10d of tIme necessary for the storIng
of any released hazardous substance.
( 3 )
In
the case of an
installatIon wIth one prImary contaIner}
the secondary contaInment shall be large
enough to contaln at least 100 percent of
the volume of the prImary tank.
(4 )
In
the
case
of
mult1ple prImary tanks, the secondary
contaIner shall be large enough to contaIn
150 percent of the volume of the largest
prImary tank placed 1n It} or 10 percent
of the aggregate Internal volume of all
prImary tanks, wh1chever 1S greater.
(5 )
If
the facIl1ty 1S
the secondary
to addItIonally
open to
contalner
ra1nfall} then
shall be able
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accommodate
the
volume of a 24-hour
rainfall as determ~ned by a tOO-year storm
h~story.
(6) Single-walled contaln-
ers do not fulf~ll the requ1rement of an
underground storage tank prov1d~ng both a
prlmary and a secondary contalnment.
However, an underground storage tank wlth
a prlmary contalner constructed wlth a
double complete shell shall be deemed to
have met the requlrements for prlmary and
secondary contalnment set forth 1n thIS
sectlon If the outer shell IS constructed
prlmarily of nonearthen materials,
Includlng, but not Ilmlted to, concrete,
steel, and plastlc, which prOVide
structural support; a continuous lead
detection system 15 capable of detectlng
the entry of hazardous substances from the
lnner container Into the space; and the
system IS
Instruslon
capable of detecting water
Into the space from the outer
shell.
constructed
capable of
( b ) Be
wlth a
detectlng
deslgned
monltorlng
the entry
and
system
of the
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hazardous substance stored 1n the pr1mary
conta1nment
conta1nment.
l.nto
the
secondary
If water could 1ntrude l.nto
the secondary conta1nment,
a means of
mon1tor1ng for water l.nstrus1on and for
safety removlng the water shall also be
provIded.
(c)
A
means
of
overflll
protect1on for any prlmary tank, 1nclud1ng
an overf1ll prevent10n dev1ce or an
attentlon-gettlng hlgher level alarm, or
both.
Cd) If d1fferent substances
are stored in the same tank and 1n
comb1nat1on may caUSe a flre a explos1on,
or the productlon of flammable, toxlC, or
p01sonous gas} or the deter1oratlon of a
pr1mary or secondary conta1ner, then they
shall be separated 1n both the primary and
secondary conta1nment so as to avold
potent1al 1nterm1x1ng.
(e) If water could enter 1nto
the secondary conta1nment by preclpitat10n
or 1nf1ltrat1on} the fac111ty shall
contaln a means of removlng the water by
the owner or operator. ThlS removal
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system
removal
shall also prevent uncontrolled
of thls water and provIde for a
means of analYZIng the removed water for
hazardous substance contam1nat1on and a
means of d1spos1ng
contamInated, at an
fac1l1ty.
the water,
1f so
authorIzed disposal
storage
tank
1S
covered,
underground
enc losed, or
( f )
Before the
placed In use,
the standard InstallatIon
test1ng for reqUIrements for underground
storage systems spec1fled In Sect10n 2-7
of the Flammable and Combust1ble LIqUIds
Code,
adopted
by
the NatIonal F1re
ProtectIon
Assoc1at1on,
(NFPA 30)
as
amended and publlshed In the respective
edItion of the Un1form FIre Code, shall be
followed.
(g) Before the underground
storage tank 15 placed in serVice, the
underground storage systems shall be
tested 1n operat1ng condition uS1ng a
precls10n test as defIned 1n Natlonal Fire
Protect10n ASSOCIatIon Pamphlet 329,
~Recommended PractIce for Handling
Underground Leakage of Flammable and
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Combust~ble
prov~ng the
storage tank.
LlqUlds,~ as amended, for
lntegr~ty of an underground
(h) If the underground storage
tank 15 deslgned to ma~ntaln a water level
In the
shall be
secondary conta~nment, the tank
equ1pped w~th a safe method of
remov~ng
fac~l~ty
any excess
and the owner
water to a hold1ng
or operator shall
~nspect the holdlng fac~l~ty monthly for
the presence of excess water overflow. If
excess water 15 present 1n the holdlng
faclllty, the permltholder shall provlde a
means to analyze the water for hazardous
substance contamlnat1on and a means to
dispose of the water} 1f so contam1nated,
at an author1zed d~sposal facl11ty.
(1) The standards requlred by
the Clty under thlS Sectlon shall at no
tlme be less than the standards requ1red
pursuant to Health and Safety Code Sect10n
25291.
SECTION 2. Sect~on 8608 of the Santa Mon1ca Munlc1pal
Code 1S amended to read as follows:
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Section 8608.
Standar-ds for
EXIstIng Underground Stor-age Tanks. For
every underground storage tank Installed
on or before January 1, 1984, and used for
the star-age of hazar-dous substances, all
of the following actions shall be taken:
(a) On
or before July 1,
1985, the
WI th a
detectIng
hazardous
owner shall outfIt the faCIlity
monItorIng system capable of
unauthorIzed releases of any
substances stored in the
faCIlIty, based on materIals stored and
the type of monItorIng Installed.
(b) ProvIed a means of VIsual
InspectIon of the tank, wherever pr-atlcal,
for the purpose of the monitorIng reqUIred
by subdIviSIon (a). Alter-natIve methods
of monItorIng the tank on a monthly, or
more frequent baSIS, may be reqUIred by
the Department of General SerVIces.
(c) The Department of General
SerVIces shall develop regulatIons
speCIfYIng monItoring alternatIves. The
CIty, or any other publIC agency speCIfIed
by the CIty, shall approve the locatIon
and number of wells} the depth of wells,
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and the samplIng frequency, pursuant to
these regulatIons.
(d) The standards reqUIred by
the CIty under thIS SectIon shall at no
tIme be less than the standards required
under Health and Safety Code SectIon
25292.
SECTION 3.
SectIon 8612 of the Santa MonIca MunIcIpal
Code 15 amended to read as follows:
Sectlon 8612. VIolatIons.
(a) No operator
underground storage tank shall
the followIng:
of an
do any of
(1) Operate an underground
storage tank whIch has not been Issued a
permIt.
(2) Fall to monItor the
underground storage tank, as reqUIred by
the permlt.
(3) Fall
to
maIntaIn
records as reqUIred by SectIon 8604.
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(4) Fall
to
report an
unauthorIzed
SectIon 8610.
release
as
requIred by
(5) Fall to properly close
an underground storage tank as required by
SectIon 8611.
(6) Fall to comply wIth
any other prOVIsIon of thls Chapter or the
regulatlons lmplemented thereunder.
(b) No
owner
of
an
underground storage tank shall do any of
the followlng: (1) Fall to obtaln a
permIt as specIfIed by thlS Chapter.
(2) Fail
to
repaIr an
underground tank In accordance wIth the
prOVISIons of thIS Chapter.
(3) Abandon or Improperly
close any underground tank SUbJect to the
prOVISIons of thIS Chapter.
(4) Fall
to
take
reasonable and necessary steps to assure
complIance WIth thIS Chapter by the
operator of an underground tank.
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(5) Fa1l to comply wIth
any other prOVISIon of thIS Chapter or the
regulatlons Implemented thereunder.
Cc) ~ny person who v10lates
any prOVISIon of thIS sectIon shall be
lIable for cIvil penalt1es as prov1ded for
1n Health & Safety Code SectIon 25299.
Cd) Each day that an operator
or owner IS 1n vIolatIon of any proviSIon
shall constItute a separate vIolatIon.
SECTION
4.
ThIS ordInance IS declared to be an
emergency measure adopted pursuant to the prOVISIons of
Sectlon 615 of the Santa MonIca CIty Charter and IS necessary
for preservlng the publIC peace, health and safety. The
urgency for the adoptIon of the ordInance IS that unless the
ordInance IS effectIve prIor to January 1, 1985, certaIn
prov1sIons of eX1stlng munlclpal law w111 be In conflIct w1th
State law and potentIally lneffectIve.
SECTION 5. ~ny prOVISIon of the Santa Monica MuniCIpal
Code or appendIces thereto lnconslstent WIth the proviSIons of
thIS ordlnance, to the extent of such InconSIstenCIes and no
further,
are hereby repealed or modlf1ed to that extent
necessary to effect the prov1s1ons of thIS ordInance.
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SECTION 6.
If any part of th~s ord~nance ~s for any
reason held to be ~nval1d or unconst1tut1onal by a dec~s~on of
any court of competent Jur~sdict1on,
such dec~s1on shall not
affect
the val~dlty of the rema1n1ng portIons of th1s
ord1nance.
The City CouncIl hereby declares that 1t would
have passed thIs ord1nance and each and every part not
declared Inval1d or unconst1tutIonal wlthout regard to whether
any part of th~s ord1nance would be subsequently declared
invalld or unconstItutIonal.
SECTION 7.
The Mayor shall s~gn and the CIty Clerk
shall attest to the passage of th~s ordInance. The CIty Clerk
shall cause the same to be pUblIshed once 1n the offlc1al
newspaper w1th1n 15 days after 1ts adoptIon. The ordinance
shall become effectIve on the date of lts adoptIon pursuant to
Section 619 of the Santa MonIca CIty Charter.
APPROVED AS TO FORM:
p~~~
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Robert M. Myers
C1ty Attorney
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Adopted and approved thlS 11th day of December 1984.
v .(~~~
/ Mayor
I hereby certl fy that the foregoing Ord lnance No. 1323 (CCS)
was duly and regularly lntroduced at a meet1ng of the City
Counc 11 on the 11 th day of December, 1984; that the sa1d Ordlnance
was thereafter duly adopted at a meeting of the Clty Councll on
the 11th day of December, 1984 by the following Councll vote:
Ayes: Councllmembers: Conn, Edwards, Epsteln, Jenn1ngs,
Katz, Zane and Mayor Reed
Noes: Councllmembers: None
Absta1n: Councllmembers: None
Absent: Councllmembers: None
ATTEST:
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C1ty Clerk