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SR-700-004 (11) . J' ., 1>-D DEC 11 19M . ?OO~ t:J(f}~ CA:RMM SSS ss8600a CIty CouncIl MeetIng 12-11-84 Santa MonIca, CalIfornIa STAFF REPORT TO: Mayor and CIty CouncIl FROM: CIty Attorney SUBJECT: Emergency Ordinance AmendIng Underground Storaqe Tank OrdInance ThIS report transmIts for ,ntroduction and adoptIon an emergency ordInance amendIng ArtIcle VIII, Chapter 6 of the Santa MonIca MunICIpal Code, relatIng to underground storage tanks The amendments are necessary to conform to recent amendments to State Law to become effective January 1, 1985. BACKGROUND On December 13, 1983, the CIty CouncIl adopted an ordInance addIng Chapter 6 to ArtIcle VIII of the Santa MonIca MunIcIpal Code, SectIons 8600-8612. ThIS ordInance preserved the rIght of the CIty to establIsh and enforce standards for the regulatlons of underground storage tanks) rather than rely on County enforcement and standards specIfIed In State Law. See CalIfornIa Health and Safety Code SectIons 25280-25289, partIcularly SectIon 25288(a). The State LegIslature has recently amended the Health & Safety Code by adoptIon of Chapters 1038 and 1751 of the 1984 CalIfornIa Statutes. At a recent meetIng of the League of CalIfornIa CItIes attended by Councllmember JennIngs, It Was 1-0 DEC 11 1984 . . pOInted out that localItIes wIth underground storage tank ordInances mIght consIder amendIng them to conform to certaIn amended State Law prOVISIons. A reVIew of the state legIslatIon and our ordInance reveals that It would be useful to amend three sectIons of the MunICIpal Code. SectIons 8607 and 8608 should be amended to reflect new standards for new and eXIstIng underground tanks contaIned In the Health and Safety Code. SectIon 8612 should be amended to authorIze CIVIl penalItIes for vIolatIons. In order to COInCIde wIth changes In State Law, the ordInance must be adopted before January I, 1985. Therefore, we have prepared the ordInance In emergency form, to be effectIve ImmedIately SECTION BY SECTION ANALYSIS SECTION 8607. SectIon of the proposed ordInance amends MunIcIpal Code SectIon 8607, Standards for Underground Tanks. MInor language changes have been made In the Introductory sentence and SubsectIon (a)(2l, (al(S), and (bl. SubsectIon (a)(61 has been amended to speCIfy that certain underground tanks wlth primary contaIners I'constructed WIth a complete double shell" meet the reqUIrements for primary and secondary contaInment ThIS change recognIzes the current technology used for underground tank contalnment and codIfIes the eXIstIng practIce of the Department of General SerVIces. SubsectIon (d) has been amended to reqUIre separatIon of dIfferent substances 'stored In the same tank". 2 . . Subsect10n (e) has been amended to specify that removal systems for conta1nment tanks shall prevent uncontrolled removal of water enter1ng the secondary conta1nment system. Subsect10n (f) and (g) have been added to require standard Installat10n and operat1ng testing Subsect10n (h) has been added to requ1re a method of remOVing excess water to a holding fac1l1ty. Subsect10n (,) (old Subsect10n (d1] has been renumbered and amended to reflect renumber1ng of the Health and Safety Code. Each of these changes reflects amendments to State Law. SECTION 8608. Sect10n 2 of the proposed ordinance amends Municipal Code SectIon 8608, Standards for EXIsting UDgerground Tanks. M1nor language changes have been made 1n the 1ntroductory sentence. Subsect10n (a) has been amended to extend the complIance date for eX1sting underground tanks from January 1, 1985 to July 1, 1985. Subsect10n fbJ has been amended to authorlze the Department of General Services to require mon1tor1ng of tanks on a monthly or more frequent baS1S. SubsectIon (cl has been added to require the Department of General Serv1ces to develop regulat10ns spec1fY1ng mon1toring alternat1ves. The amendments to State Law spec1fy a 11st of methods that may be used; we have not 1ncorporated th1S llSt, as the alternat1ve monitor1ng methods may be adopted by regulat1on. 3 . . subsectIon Cd) [former SubsectIon (cl) has been renumbered and amended to reflect renumberIng of the Health and Safety Code. Each of these changes reflects amendments to State Law. SECTION 86~. SectIon 3 of the proposed ordInance amends MunIcIpal Code SectIon 8612, VIolatIons. The amendment adds SubsectIon (c) to provIde that any person vIolatIng SectIon 8612 shall be lIable for CIVIl penaltIes as prOVIded In Health and Safety Code SectIon 25299. RECOMMENDATION It IS respectfully recommended that the CIty CouncIl adopt the accompany'ng ordInance as an emergency measure to be effectIve ImmedIately. Prepared by: Robert M. Myers. City Attorney Stephen S. Stark, Assistant City Attorney 4 . 'BEFORE DISTRIBUTION CHECK CONTENT OF ALL DISTRIBUTION OF RESOLUTION # Date I?/// )?y -J-j) /YO Caunell Meet1ng ,., " "- ::> " Agenda Item # Was lt amended? . FOR CITY_ CJ.ERK' S ACTION ORDINANCE # /g.;;-! Introduced' />/I/?Y- Adopted: 1c1-/f-.J y All'rNlS PUBLISH ADOI-l'w ORDINANCES* *Cross out Attorney's approval VOTE" AffirmatlVe: /- D ,egat1ve- Abstaln" Absent: PROOF V~~ WITH ANOTHER PERSON BEFORE A~~THING DISTRIBUIIO]\" ORIGINiI.L '[0 be signed, sealed and hIed in Vault" <n " u co ~ ~ rl -cl '" o " :> rl " U " " NEWSPAPER PUBLICATION (Date: Department ar1glnatlng staff report ( ~anage~ent Ser<i~e? Ly~ne Barrette--urdlnances only ~ ... o .:: :>- '" r.:: '" o ... ... <( Agency mentloned ln document or staff report Subject file (agenda packet) Counter file Others' .., OJ .c:: .., Alrpart Park1ng Auth. 'tl " .., '" '" " 0- " '" '" u ... "-< "-< o AudltOIUP1 Personnel BUlldlng Dept. Plannlng EnVlron. Servo Police (en- forcement?) Flnance Fire Purchasing Recr/Parks Transportatlon_____ '" General Servo >- Q) c '" o ... ..., <( >- ...., ... u "-< o OJ ...., '" Q) .D o a:: L1brarv Treasurer Manager SEND FOUD COPIES OF ALL ORDINANCES TO: COD)OD SYSTE~1S, Attn Peter Haci-earie 120 I';aln ~tY~ct AV0~1 ~e~ Jersev 07717 SEND FOUR 'COPIES OF- .AI.I. - ()ROTNANrFs --rO: PRESIDING JUDGE SANTA MONICA MUNICIPAL COURT 1725 MAIN STREET SANTA ;.lONICA, CA 90401 (certlfled?) I I *Check Code Secbons before sending. TOTAL COPIES / -,"'-- . . CA:RMM:SSS:ss8600b C1ty Councll Meetlng 12-11-84 Santa Monlca, Cal1fornla ORDINANCE ~UMBER ~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. Sect10n 8607 of the Santa Mon1ca Mun1clpal Code lS amended to read as follows: Sectlon 8607. Standards tor New Underground Storage Tanks. Every underground storage tank lnstalled after January 1, 1984, shall meet all of the followlng requlrements. (a) Be deslgned and constructed to pr01nde prlmary and secondary levels of contalnment of the hazardous substances stored In them 1n accordance wlth the following performance standards: . . (1) Pr1mary shall be product-t1ght. contaInment (2) Secondary conta1nment shall be constructed to prevent structural weaken1ng released as a result of contact w1th any hazardous substances, and also shall be capable of stor1ng the hazardous substances for the maX1mum, antlclpated per10d of tIme necessary for the storlng of any released hazardous substance. (3 ) In the case of an ~nstallat~on wlth one pr1mary contalner} the secondary conta1nment shall be large enough to contaln at least 100 percent of the volume of the prlmary tank. (4) In the case of mult1ple pr1mary tanks, the secondary contaIner shall be large enough to contaln 150 percent of the volume of the largest prImary tank placed 1n 1t, or 10 percent of the aggregate Inter~al volume of all prImary tanks, whlchever lS greater. (5) If the fac1llty 1S open to ralnfall, then the secondary contaIner shall be able to addltlonally 2 . . accommodate the volume of a 24-hour ralnfall as determ1ned by a tOo-year storm h1story. (6) Slngle-walled conta1n- ers do not fulflll the requlrement of an underground storage tank prov1d1ng both a prlmary and a secondary conta1nment. However, an underground storage tank w1th a prlmary conta1ner constructed wlth a double complete shell shall be deemed to have met the requlrements for prlmary and .secondary contalnment set forth ln thls sectlon 1f the outer shell 15 constructed prlmarlly of nonearthen materlals, lncludlng, but not Ilm1ted to, concrete, steel, and plastlc, Whlch provlde structural support; a cont1nuous lead detectlon system 1S capable of detectlng the entry of hazardous substances from the lnner contalner lnto the space; and the system 1S Instruslon capable of detectlng water lnto the space from Lhe outer shell. (b) Be des1gned monltorlng the entry and system of the constructed capable of W1 th a detectlng 3 . . hazardous substance stored In the prImary contaInment Into the secondary contaInment. If water could Intrude Into the secoAdary contaInment, a means of mon~torlng for water Instrusl0n and for safety removIng the water shall also be provIded. (c) A means of overfIll protectlon for any prlmary tank, Includ1ng an overfIll preventIon deVIce or an attentlon-gett1ng hlgher level alarm, or both. Cd) If d1fferent substances are stored In the same tank and In combInatIon may cause a fIre a explosIon, or the product1on of flammable, tOX1C, or p01sonous gas. or the deterloratlon of a pr~mary or secondary conta~ner, then they shall be separated In both the prImary and secondary contaInment so as to avoId potentIal IntermIXIng. (el If water could enter Into the secondary contaInment by preCIpItatIon or InfIltratIon, contaIn a means of the faclllty shall removIng the water by the owner or operator. ThIS removal 4 . . system shall also prevent uncontrolled removal of th1S water and provlde for a means of analyzing the removed water for hazardous- substance contamination and a means of dlsposing the water, if so contamInated) faCIlIty at an authorized d1sposal (f) Before the storage tank IS covered, underground enclosed, or placed In use, the standard InstallatIon testIng for requ1rements for underground storage systems speClfied In Sect10n 2-7 of the Flammable and CombustIble LlqUlds Code, adopted by the NatIonal F1re Protect1on ASSOclatlon, (NFPA 30) as amended and published In the respectIve edlt10n of the UnIform FIre Code! shall be followed. (g) Before the underground storage tank 15 placed In serVIce, the underground storage systems shall be tested In operatlng condItIon uSIng a preCISIon test as defIned 10 Natlondl FIre Protect1on AssocIatIon Pamphlet 329, "Recommended Practlce for Handl1ng Underground Leakage of Flammable and 5 . . CombustIble LlgU1ds," as amended, for provIng the InLegr1ty of an underground storage tank. (hl If the underground storage tank 15 deSIgned to maIntaIn a water level In the shall be secondary contalnment, the tank egulpped wlth a safe method of remov1ng any excess water to a holdIng faclllty and the owner or operator shall lnspect the holdlng faclllty monthly for the presence of excess water overflow. If excess water lS present 1n the holdIng faclllty, the permltholder shall provlde a means to analyze the water for hazardous substance contamInatIon and a means to d1spose of the water) If so contamInated, at an authorlzed d1sposal facll1ty. (1) The standards requlred by the CIty under th1S Sectlon shall at no tlrne be less than the standards requIred pursuant to Health and Safety Code Sectlon 25291. SECTION 2. SecClon 8608 of the Santa Monlca Munlclpal Code IS amended to read as follows: 6 . . Sectlon 8608. Stan<i<Lrds for EXlst1ng undergrol~l}J! Storage Tan~~. For every underground storage tank 1nstalled on or bef0re January 1, 1984, and used for the storage of hazardous substances, all of the follow1ng actlons shall be taken: 1985, the W1 th a detectlng hazardous (a) On or before July 1, owner shall outflt the faClllty mon1torlng system capable of unauthor1zed releases of any substances stored 1n the faClllty, based on materlals stored and the type of monltor1ng lnstalled Ib) Provled a means of v1sual InspectIon of the tank, wherever pratlcal, for the purpose of the mon1tor1ng requlred by subd,v,s,on laJ. Alternatlve methods of monItorIng the tank on a monthly, Dr more frequent bas1s, may be requlred by the Department of General SerVIces 5erVIces (cl The Dep?rtment of General shall develop regulatlons spec1fY1ng monltorlng alternatlves. The CltYJ or any other publlC agency spec1fled by the CltYJ shall approve the locatlon and number of wells, the depth of wells, 7 . . and the sampl1ng frequency, these regulatlons. pursuant to (d) The standards requlred by the Clty under th1S Sectlon shall at no t1me be less than the standards required under Health and Safety Code Sectlon 25292. SECTION 1. Sectlon 8612 of the Santa Monlca Munlclpal Code lS amended to read as follows: Sectlon 8612. Vlolatlons. (al No operator underground storage tank shall the follmnnq: of an do any of (1) Operate an underground storage tank WhlCh has not been lssued a permIt. (2) Fall to monltor the underground storage tank, the permlt. as requ1red by (3) Fall to malntaln records as requlred by Sectlon 8604. 8 . . ( 4) Fall to report an unauthorlZE'd Sectlon 8610. release as requIred by (5) Fall to properly close an underground storage tank as requ1red by Sectlon 8611. (6) Fall to comply wlth any other provlslon of th,S Chapter or the requlatlons lmplemented thereunder. (bJ No owner of an underground storage tank shall do any of the followlng: (1) Fall to obtaln a oermlt as specltled by thlS Chapter. (2) Fall to repaIr an underground tank ln accordance wlth the provlslons of thls Chapter. (3J Abandon or lmproperly close any underground tank subJect to the prov151ons of thIS Chapter. (4 ) Fall' to take reasonable and necessary steps to assure compllance wlth thls Chapter by the operator of an underground tank. 9 . . (5) Fall to comply wlth any other provlslon of thlS Chapter or the regulatlons Implemented thereunder (cl Any person who vlolat~s any provlslon of thIs s~ctlon shall be llable for CIVIl penaltl~s as provlded for ln Health & Safety Code SectIon 25299. (dJ Each day that an op~rator or owner IS In vIolatIon of any provIsIon shall constItute a separate vlo1atlon. SECTION 4. ThlS ordInance lS declared to be an emergency measure adopted pursuant to the provlslons of SectIon 615 of the Santa Monlca 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 ordlnance lS effectlve prlor to January 1, 1985, certaln provlslons of eXIstlnq munlclpal law wlll be In conflIct wlth State law and potentlally IneffectIve. SECTION 5. Any provlslon of the Santa Monlca MunICIpal Code or appendIces thereto InconsIstent WIth the prOVISIons of thlS ordlnance, to the extent of'such lnconslstencles and no further, are hereby repealed or modIfIed to that extent necessary to effect the prOVISIons of thIS ordInance. 10 . . SECTION 6. If any part of thIS ordInance IS for any reason held to be InvalId or unconstItutIonal by a decIsIon of any court of competent ]urlsdlctlon} such deCISIon shall not affect the valIdIty of the remaInIng portIons of thIS ordInance. The CIty CouncIl hereby declares that It would have passed thlS ordinance and each and every part not declared InvalId or unconstItutIonal wIthout regard to whether any part of thIS ordInance would be subsequently declared lnvalld or unconstltutlonal. SECTION 7. The Mayor shall sIgn and the CIty Clerk shall attest to the passage of thIS ordInance. The CIty Clerk shall cause the same to be pUblIshed once In the offIcIal ne~spaper wlth~n 15 days after l.ts adoptlon The ordInance shall become effectIve on the date of Its adoptIon pursuant to SectIon 619 of the Santa MonIca CIty Charter APPROVED AS TO FORM: ;,.r;..~ ~ ~"""il I' :V. ,<l. pO'", ,_ '~.''''.> ...... , . -...-'~ >II. .~~~ Y . ' t '! Robert M. Myers Clty Attorney 11 . . Adopted and approved thiS 11th day of December 1984. fJ .\~l ~ ~ Mayor I hereby certify that the foregoing Ordinance No. 1323CCCS) was duly and regularly introduced at a meeting of the City CouncIl on the 11th day of Decembe~ 1984; that the saId OrdInance was thereafter duly adopted at a meeting of the City Council on the 11th day of December, 1984 by the followIng CouncIl vote: Ayes: Councilmembers: Conn, Edwards, Epstein, Jennings, Katz, Zane and Mayor Reed Noes: Councllmembers: None AbstaIn: Councllmembers: None Absent: Councilmembers: None ATTEST: a'lL" 'JJDdI~ CIty Clerk