Loading...
O1323 e . 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 e (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 2 e . 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 3 e . 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 4 . e 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 5 . . 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: 6 It' e 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, 7 - - 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. 8 e e (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. 9 . e (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. 10 . e 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~~~ ~- Robert M. Myers C1ty Attorney 11 . e 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: ~~~~ C1ty Clerk