SR-700-004 (11)
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DEC 11 19M
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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
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DEC 11 1984
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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".
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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.
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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
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'BEFORE DISTRIBUTION CHECK CONTENT OF ALL
DISTRIBUTION OF
RESOLUTION #
Date I?/// )?y
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Caunell Meet1ng
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Agenda Item #
Was lt amended?
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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"
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NEWSPAPER PUBLICATION (Date:
Department ar1glnatlng staff report (
~anage~ent Ser<i~e? Ly~ne Barrette--urdlnances only
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Counter file
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Park1ng Auth.
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Personnel
BUlldlng Dept.
Plannlng
EnVlron. Servo
Police (en-
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Flnance
Fire
Purchasing
Recr/Parks
Transportatlon_____
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General Servo
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Treasurer
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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?)
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*Check Code Secbons before sending.
TOTAL COPIES
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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:
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(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
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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
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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
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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
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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:
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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,
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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.
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( 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.
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(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.
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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:
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Robert M. Myers
Clty Attorney
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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