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city council Meeting 2-11-97
Santa Monica, California
TO: Mayor and City council
FROM: city Attorney
SUBJECT: Ordinance Amending and Adding provisions to Chapter 8.24
of the Santa Monica Municipal Code Regarding the
Underground storage of Hazardous Materials
INTRODUCTION
At its meeting on January 28, 1997, the City council introduced for
first reading an ordinance amending and adding provisions to Chapter
8 . 24 of the Municipal Code regarding the underground storage of
hazardous materials. The ordinance is now presented to the City
Council for adoption.
RECOMMENDATIOij
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY:
Marsha Jones Moutrie, city Attorney
Martin T. Tachiki, Deputy city Attorney
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~' t 1997
f:atty\muni\laws\mtt\tank.7
city council Meeting 2-11-97
santa Monica, California
ORDINANCE NUMBER 1812
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING AND ADDING
PROVISIONS TO CHAPTER 8.24 OF THE SANTA MONICA
MUNICIPAL CODE REGARDING THE UNDERGROUND
STORAGE OF HAZARDOUS MATERIALS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code section 8.24.010 is
amended to read as follows:
8.24.010 Findings and purpose.
The city Council finds and declares as follows:
(a) Substances hazardous to the public health and
safety, and to the environment, are stored prior to use
or disposal in underground locations in the City.
(b) Underground tanks used for the storage of
hazardous substances and wastes are potential sources of
contamination of the ground and underlying aquifers, and
may pose other dangers to public health and the
environment.
(e) In many communities, underground storage of
hazardous substances including, but not limited to,
1
industrial solvents, petroleum products, and other
materials, has resulted in undetected and uncontrolled
releases of hazardous substances into the ground. These
releases have contaminated public drinking water supplies
and created a potential threat to the public health and
to the waters of the state.
(d) Appropriate laws are required to adequately
govern the construction, maintenance, testing and use of
underground tanks used for the storage of hazardous
substances, or the short-term storage of hazardous wastes
prior to disposal, for the purposes of protecting the
public health and the environment.
(e) The protection of the pUblic from releases of
hazardous substances is necessary for the protection of
the public peace, health, safety, and welfare.
SECTION 2. Santa Monica Municipal Code Section 8.24.020 is
amended to read as follows:
8.24.020 Definitions.
The following words or phrases, as used in this
Chapter, shall have the following meanings:
(a) "Automatic line leak detector" means any method
of leak detection, as determined in regulations adopted
by the State Water Resources Control Board, which alerts
the owner or operator of an underground storage tank to
the presence of a leak. "Automatic line leak detector"
2
includes, but is not limited to, any device or mechanism
which alerts the owner or operator of an underground
storage tank to the presenee of a leak by restricting or
shutting off the flow of a hazardous substance through
piping, or by triggering an audible or visual alarm, and
which detects leaks of three gallons or more per hour at
10 pounds per square inch line pressure within one hour.
(b) "Boardu means the state Water Resources Control
Board. "Regional Board" means a California Regional Water
Quality Control Board.
(c) ( 1) "Certified Unified Program Agency" or
"CUPA" means the agency certified by the Secretary for
Environmental Protection to implement the unified program
specified in Health and Safety Code Seetions 25404 et
seq. within a jurisdiction.
(2) "participating Agency" or "PA" means an
agency which has a written agreement wi th the CUPA
pursuant to Health and Safety Code Section 25404.3 (d),
and is approved by the Secretary of the Environmental
Protection Agency to implement or enforce the unified
program element specified in Health and Safety Code
section 25404 (c) (3), in accordance with the provisions
of Health and Safety Code Sections 25404.1 and 25404.2.
(3) "Unified Program Agency" or uupA" means the
CUPA, and its Participating Agencies, to the extent each
FA has been designated by the CUPA pursuant to a written
3
agreement to implement or enforce the unified program
element specified in Health and Safety Code Section 25404
(c) (3). For purposes of this Chapter, the UPA's have
the responsibility and authority, to the extent provided
by this Chapter and Health and Safety Code Sections
25404.1 and 25404.2, to implement and enforce only those
requirements of this Chapter listed in Health and Safety
Code Section 25404 (c) (3). The UPA J S also have the
responsibility and authority, to the extent provided by
Chapter 6.7 and sections 25404.1 and 25404.2 of the
Heal th and Safety Code to implement and enforce the
regulations adopted to implement the requirements of this
Chapter and Chapter 6.7 of the Health and Safety Code, as
provided in Health and Safety Code section 25404 (c) (3).
If the city is certified as a CUPA by the Secretary of
the Environmental Protection Agency, the City, as the
CUPA, will be the only local agency authorized to enforce
the requirements of this Chapter and Chapter 6.7 of the
Health and Safety Code, as provided in Health and Safety
Code Section 25404 (e) (3), within the City. This
section shall not be construed to limit the authority or
responsibility granted to the Board and the Regional
Board to enforce Chapter 6.7 of the Health and Safety
Code and the regulations adopted pursuant thereto.
(d) "Department tf means the Department of Toxic
Substances Control.
4
(e) "Facility" means anyone, or combination of,
underground storage tanks used by a single business
entity at a single location or site.
(f) "Federal Act" means Subchapter IX (commencing
with Section 6991) of Chapter 82 of Title 42 of the
United states Code, as added by the Hazardous and Solid
Waste Amendments of 1984 (P.L. 98-616), or as it may
subsequently be amended or supplemented.
(g) "Hazardous substance II means all of the following
liquid and solid substances, unless the city determines
that the substance could not adversely affect the quality
of the waters of the State:
(1) Substances on the list prepared by the
Director of the Department of Industrial Relations
pursuant to Labor Code Section 6382.
(2) Hazardous substances, as defined in Health
and Safety Code Section 25316.
(3) Any substance or material which is
classified by the National Fire Protection Association
(NFPA) as a flammable liquid, a Class II combustible
liquid or a Class III-A combustible liquid.
(4) Any substance on the master list of
hazardous substances prepared in accordance with Health
and Safety Code Section 25281.
5
(5) Any substance required to be disclosed
under Chapter 5.16 of Article 5 of the Santa Monica
Municipal Code relating to Toxic Chemical Diselosure.
(6) Any regulated substance, as defined in
subsection (2) of Section 6991 of Title 42 of the United
states Code, as that section read on January 1, 1989, or
as it may subsequently be amended or supplemented.
(h) "Local Agency" means the local agency
authorized, pursuant to Health and Safety Code Section
25283, to implement Chapter 6.7 of the Health and Safety
Code.
(i) "Operator" means any person in control of, or
having daily responsibility for, the daily operation of
an underground storage tank system.
(j) "Owner" means the owner of an underground
storage tank.
(k) nperson" means an individual, trust, firm, joint
stock company, corporation, including a government
corporation, partnership, limited liability company, or
association. "Person" also includes any city, county,
district, the state, any department or agency thereof, or
the United States to the extent authorized by federal
law.
(l) nPipe" means (a) any pipeline or system of
pipelines which is used in connection with the storage of
hazardous substances and which is not intended to
6
transport hazardous substances in interstate or
intrastate commerce or to transfer hazardous materials in
bulk to or from a marine vessel.
(b) Notwithstanding subdivision (a) above, for
purposes of this Chapter "pipe" means all parts of any
pipeline or system of pipelines, used in connection with
the storage of hazardous substances including, but not
limited to, valves and other appurtenances connected to
the pipe, pumping units, fabricated assemblies associated
with pumping units, and metering and delivery stations
and fabricated assemblies therein. nPipe" does not
include any of the following:
(1) An interstate pipeline subject to 49
Code of Federal Regulations, Part 195.
(2) An intrastate pipeline subject to
Chapter 5.5 (commencing with Section 51010) of Part 1 of
Division 1 of Title 5 of the Government Code.
(3) Unburied delivery hoses, vapor
recovery hoses, and nozzles which are subject to
unobstructed visual inspection for leakage.
(m) "Primary containment" means the first level of
containment, such as the portion of a tank which comes
into immediate contact on its inner surface with the
hazardous substance being contained.
(n) nproduct-tight" means impervious to the
substance which is contained, or is to be contained, so
7
as to prevent the seepage of the substanee from the
primary containment. To be product-tight, the tank shall
not be subject to physical or chemical deterioration by
the substance which it contains over the useful life of
the tank.
(0) "Release" means any spilling, leaking, emitting,
discharging, escaping, leaching, or disposing from an
underground storage tank into or on the waters of the
state, the land, or the subsurface soils.
(p) II Secondary containment II means the level of
containment external to, and separate from, the primary
containment.
(q) "Single-walled" means construction with walls
made of only one thickness of material. For the purposes
of this Chapter, laminated, coated, or clad materials are
considered single walled.
(r) "Special inspectors II means a professional
engineer, registered pursuant to Chapter 7 (commencing
with section 6700) of Division 3 of the Business and
Professions Code, who is qualified to attest, at a
minimum, to structural soundness, seismic safety, the
compatibility of construction materials with contents,
cathodic protection, and the mechanical compatibility of
the structural elements of underground storage tanks.
(s) "storage or store" means the containment,
handling, or treatment of hazardous substances, either on
8
a temporary basis or for a period of years. "storage" or
"store" does not mean the storage of hazardous wastes in
an underground storage tank if the person operating the
tank has been issued a hazardous waste facilities permit
by the Department pursuant to Heath and Safety Code
section 25200 or has been granted interim status under
Health and Safety Code Section 25200.5.
(t) "Tank" means a stationary device designed to
contain an aecumulation of hazardous substances which is
constructed primarily of nonearthen materials (e.g. wood,
concrete, steel, plastic) which provides structural
support.
(u) "Tank integr i ty test" means a test method
capable of detecting an unauthorized release from an
underground storage tank cons istent with the minimum
standards adopted by the Board.
(v) "Tank tester" means an individual who performs
tank integrity tests on underground storage tanks.
(w) nUnauthorized release" means any release or
emission of any hazardous substance which does not
conform to the provisions of this Chapter, unless the
release is authorized by the state Water Resources
Control Board or a California regional water quality
control board pursuant to Division 7 (commencing with
Section 13000) of the Water Code.
9
(x) (1) "Underground storage tank" means anyone or
combination of tanks, including pipes connected thereto,
whieh is used for the storage of hazardous substances and
which is substantially or totally beneath the surface of
the ground. "Underground storage tank" does not include
structures such as sumps, separators, storm drains, catch
basins, oil field gathering lines, refinery pipelines,
lagoons, evaporation ponds, well cellars, separation
sumps, lined and unlined pits, and lagoons. Sumps which
are a part of a monitoring system required under Health
and Safety Code Sections 25291 or 25292 or Santa Monica
Municipal Code Section 8.24.080 or Section 8.24.090 and
sumps or other structures defined as underground storage
tanks under the Federal Act, are not exempted by this
Section.
(2) Structures identified in this section may
be regulated by the Board and any Regional Board pursuant
to the Porter-Cologne Water Quality control Act (Division
7 (commencing with Section 13000) of the Water Code) to
ensure that they do not pose a threat to water quality.
(y) "Underground tank system" or "tank systemJl means
an underground storage tank, connected piping, ancillary
equipment, and containment system, if any.
(z) (1) "Unified program facility" means all
contiguous land and structures, other appurtenances, and
improvements on the land which are subject to the
10
requirements of Health and safety Code Section 25404 (c)
(3) .
(2) nUnified program facility permit" means a
permit issued pursuant to Chapter 6.11 (commencing with
section 25404) of the Health and Safety Code, and which
encompasses the permitting requirements of Health and
Safety Code section 25284.
(3) "Permit" means a permit issued pursuant to
section 8.24.040 or a unified program facility permit as
defined in subparagraph (2) above.
SECTION 3. section 8.24.021 is added to the Santa Monica
Municipal Code to read as follows:
8.24.021 Kaster list of hazardous substances.
Owners or operators of underground storage tanks
shall use the master list of hazardous substances, or,
when adopted, the revised master list compiled by the
Department of Toxic Substances Control, to determine
which underground storage tanks require permits pursuant
to this Chapter. Hazardous substances included on the
list may be denominated by scientific, common, trade, or
brand names.
SECTION 4. section 8.24.022 is added to the Santa Monica
Municipal Code to read as follows:
11
8.24.022 Exemptions.
An underground storage tank which meets all of the
following criteria is exempt from the requirements of
this Chapter:
(a) All exterior surfaces of the tank, inCluding
connected piping and the floor directly beneath the tank,
can be monitored by direct viewing.
(b) The structure in which the tank is located is
constructed in such a manner that the structure provides
for secondary containment of the contents of the tank, as
determined by the City.
(c) The owner or operator of the underground storage
tank conducts daily inspections of the tank and maintains
a log of inspection results for review by the City.
(d) The City determines without objection from the
Board that the underground storage tank meets
requirements which are equal to or more stringent than
those imposed by Chapter 6.7 of the Health and safety
Code.
SECTION 5. Santa Monica Municipal Code Section 8.24.030 is
amended to read as follows:
8.24.030 Administration.
(a) The Environmental and Public Works Management
Department shall be responsible for the administration of
12
this Chapter. If the City is designated as a certified
Unified Program Agency (IlCUPA"), the Environmental and
Public Works Management Department shall also be
responsible for the administration of Health and Safety
Code Sections 25280 ~ ~ and the regulations adopted
by the state Water Resources Control Board.
(b) Any decision of the Environmental and Public
Works Management Department under this Chapter, except
when it relates to a dispute over a fee or penalty
assessed by the City as the certified Unified program
Agency ("CUPA") under the single Fee System, may be
appealed by a permit applicant or permit holder within
ten (10) days from the date of the decision to an Appeals
Board consisting of Director of the Environmental and
Public Works Management Department, the Environmental
Programs Coordinator and the Fire Chief of the Fire
Department or their duly authorized representatives. The
decision of the Appeals Board shall be rendered within
thirty (30) days from the conclusion of the hearing. The
procedures of the Appeals Board shall, to the extent
consistent with this Chapter, be in conformity with the
procedures for the conduct of hearings by a hearing
examiner under Santa Monica Municipal Code Section
6.16.010 ~ seq. The decision of the Appeals Board shall
be final, subject to judicial review pursuant to Code of
Civil Procedure Section 1094.5.
13
(c) Disputes regarding fees or penalties assessed
upon a Unified Program Facility ("Facility") by the City
as the Certified Unified Program Agency ("CUPAlI) under
the single Fee System shall proceed as follows:
(1) The Facility shall pay any applicable
assessed fees and penalties prior to requesting an
appeal.
(2) Within sixty (60) days of the date that
the fees or penalty are assessed, the Facility may
request an inspection, if necessary.
(3) Any Facility requesting a refund or
adjustment of applicable fees or penalties shall submit
a written application for a refund or an adjustment of
the fee or penalty within sixty (60) days of the date
that the fees or penalty are assessed.
(4) If the application for a refund or an
adjustment of the fee or penalty is denied, the Facility
can apply to the Environmental Programs Coordinator for
a hearing within sixty (60) days of the date of denial of
the application for the refund or adjustment.
(5) The Environmental programs Coordinator
shall set a date for the hearing not later than ninety
(90) days after the date of the request for the hearing.
Notice of the date and time of the hearing shall be
mailed to the last known address of the applicant not
14
later than fifteen (15) days prior to the date set for
the hearing. The Environmental Programs Coordinator may
request that the Facility produce records at the
hearing.
(6) The hearing shall be heard by an Appeals
Board consisting of Director of the Environmental and
Public Works Management Department, the Environmental
Programs Coordinator, the Fire Chief of the Fire
Department and the Director of the Finance Department or
their duly authorized representatives. In addition, the
Director of the Environmental and Public Works Department
shall have the authority to appoint three additional
members to the Appeals Board and shall serve as Chair of
the Appeals Board. The decision of the Appeals Board
shall be rendered within thirty (30) days from the
conclusion of the hearing. The procedures of the Appeals
Board, to the extent consistent with this Chapter, shall
be in conformity with the procedures for the conduct of
hearings by a hearing examiner under Santa Monica
Municipal Code Section 6.16.010 et~. The decision of
the Appeals Board shall be final, subject to judicial
review pursuant to Code of civil Procedure Section
1094.5.
(d) All deadlines set forth in this Section may be
extended by the Chair of the Appeals Board for good
cause.
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(e) The Director of the Environmental and Public
Works Management Department is empowered to adopt
regulations governing the administration of this Chapter
and the activities of permittees in order to implement
the provisions of this Chapter, applicable Resolutions of
the city Council and applicable state and federal law.
The regulations adopted by the Director of the
Environmental and Public Works Management Department
shall be considered conditions of any permit issued
pursuant to this Chapter.
SECTION 6. Santa Monica Municipal Code section 8.24.040 is
amended to read as follows:
8.24.040 Permit.
(a) (1) Except as provided in subdivisions (c) and
(d) below, no person shall own or operate an underground
storage tank unless a permit for its operation has been
issued by the city to the owner or operator of the
underground storage tank, or unless a unified program
facility permit has been issued by the city to the owner
or operator of the unified program facility on which the
underground storage tank is located.
(2) If the operator is not the owner of the
underground storage tank or unified program facility, or
if the permit is issued to a person other than the owner
or operator of the underground storage tank or unified
16
program facility, the permittee shall ensure that both
the owner and the operator of the tank or unified program
facility are provided with a copy of the permit.
(3) If the permit is issued to a person other
than the operator of the underground storage tank or
unified program facility, that person shall do all of the
following:
(A) Enter into a written agreement with
the operator of the underground storage tank or unified
program facility to monitor the tank system as set forth
in the permit.
(B) Provide the operator with a copy or
summary of Health and Safety Code Section 25299 in the
form which the Board specifies by regUlation.
(C) Notify the City of any change of
operator within thirty (30) days of the change of
operator.
(b) The City shall prepare a form which provides for
the acceptance of the obligations of a transferred permit
by any person who is to assume the ownership of an
underground storage tank or unified program facility from
the previous owner and is to be transferred the permit to
operate the underground storage tank or unified program
facility. That person shall complete the form accepting
the obligations of the permit and submit the completed
form to the City within 30 days after the ownership of
17
the underground storage tank or unified program facility
is to be transferred. The City may review and modify, or
terminate, the transfer of the permit to operate the
underground storage tank or unified program facility,
pursuant to the criteria specified in Health and Safety
Code Section 25295 (a), upon receiving the completed
form.
(c) Any person assuming ownership of an underground
storage tank or unified program facility used for the
storage of hazardous substances for which a valid
operating permit has been issued shall have thirty (30)
days after the date of assumption of ownership to apply
for a permit pursuant to Section 8.24.050 or, if
accepting a transferred permit, shall submit to the City
the completed form accepting the obligations of the
transferred permit, as specified in subdivision (b), on
the form prepared and provided by the City. During the
period from the date of application until the permit is
issued or refused, the person shall not be held to be in
violation of this Section.
(d) When in its judgment it is appropriate to do so,
the City may issue a single permit to a person for an
underground storage tank or unified program facility.
(e) Except as provided in Section 8.24.047, a
permit to operate issued by the city pursuant to Section
8.24.040 shall be effective for no more than five (5)
18
years. This subsection does not apply to unified program
facility permits.
(f) A permit may be revoked and Shall not be issued
or renewed to operate an underground storage tank if the
tank does not comply with this chapter and applicable
state or federal law.
(g) A permit issued pursuant to this Section for an
underground storage tank installed on or before December
22, 1988, shall require compliance with Health and Safety
Code Section 25292 and a permit issued pursuant to this
Section for an underground storage tank installed after
December 22, 1988, shall require compliance with Health
and Safety Code Section 25291. A permit issued pursuant
to this Section may include a schedule of compliance,
when necessary, to allow a reasonable opportunity to
comply with any applicable requirements of this Chapter
or the regulations adopted by the Board implementing
Chapter 6.7 of the Health and safety Code, if the permit
requires compliance with requirements which are no less
stringent than any federal, state, or local requirements
which apply to the underground storage tank on January 1,
1990.
(h) A permit issued pursuant to this Section shall
require compliance with all applicable regulations
adopted by the Board pursuant to Health and safety Code
19
section 25299.3 and the provisions of Chapter 6.7 of the
Health and Safety Code.
(i) Except as provided in Health and safety Code
section 25404.5, the city shall not issue or renew a
permit to operate an underground storage tank to any
person who has not paid the fee and surcharge required by
Health and Safety Code Section 25287.
(j) The owner and operator of an underground storage
tank shall at all times comply with the terms and
conditions of any permit issued pursuant to this Chapter.
SECTION 7. Section 8.24.042 is added to Santa Monica
Municipal Code to read as follows:
8.24.042 Tank integrity tester.
(a) All tank integrity tests required by this
Chapter shall be performed only by, or under the direct
and personal supervision of r a tank tester with a
currently valid tank testing license issued pursuant to
Health and Safety Code Section 25284.4. No person shall
engage in the business of tank integrity testing, or act
in the capaci ty of a tank tester, wi thin the City,
without first Obtaining a tank testing license from the
Board.
(b) Any person proposing to conduct tank integrity
testing within the City shall apply to the Board for a
tank testing license and comply with the standards set
20
=
l.lO
A. It ~s fuytne~ u~derstood and agreed that r.one 0; ~~e
part~es hereto wl~l part~c~pate ~nr encourager a5S~S~
or condone any str~ker co~ceyted work scoppage,
cessat~on of work, slow-dow::, slt-downr s~ay-away,
plcketing or any other form of ~nterference wlth or
l~mltation of the peaceful performance of 2~ty
serv~ces.
B. In the event that there occurs any str~Ke, concer~ed
work stoppage, cessatlon of work. slow-down. sl~-down.
stay-away, picketlng or any other form of intey:erence
wlth or limltation of the peaceful performance of Clty
serVlces, the C~tYf l~ addltlon to any other lawful
rernedles or alsclpllnary actlonsr may by actlon o~ ~he
CJ.. ty Manager cancel any or all payroll dea.uctl-ons,
prohiblt the use of bulletln boardsr prohlblt the use
of Clty facllltlesr and prohlblt access to former work
or duty stations.
C Neithey the employee organizatlon, nor any person
actlng 1n concer~ wlth them, wlll causer sarrCClon, or
take pay":. in any strlke, walk-out, slt-doWD, slow-
down, stoppage 0= work, plcketing, retardlng of work,
abnormal absenteelsm, wlthholdlng of serVlces, or any
other lnterference wlth the normal work routlne The
provlslons of thlS Art~cle shall apply for the same
term as th~s Agreement, or dur~ng any renewal or
extenslon thereof V~olatlo~ o~ any provlslon of thlS
MOU by the Recognlzed Employee Organlza~lon shall be
cause for the CltYr at lts sole optlon, to term~nate
thlS Agreement 1n addltlon to whatever other remedles
may be to the Clty at law or In e~Jlty
D The Clty agrees that there shall be no general lockout
of barga~nlng unlt members.
Validlty of Memorandum of Unaerstandlng
If any provislon of any Sec~lon of thlS MOD lS determlned
to be ~nvalld or lllegal by a court of competent
JUYlsdlctlon, then such prOV1Slon shall be severed from
thlS MOD, but the remalnder hereof shall remaln in full
force and effect The partles hereto shall lmrr>edlately
7
SECTION 9. Santa Monica Municipal Code Section 8.24.050 is
amended to read as follows:
8.24.050 Applications.
(a) An application for a permit to operate an
underground storage tank, or for renewal of the permit,
shall be made, by the owner or operator of the tank, or
if there is a CUPA, by the owner or operator of the
unified program facility on which the tank is located, on
a standardized form prepared and provided by the City.
The application shall be accompanied by the appropriate
fee, to be set by Resolution of the city Council. As a
condition of any permit to operate an underground storage
tank, the permittee shall notify the city, within the
period determined by the City, of any changes in the
usage of the underground storage tank, including the
storage of new hazardous substances, changes in the
monitoring procedures, and if there has been any
unauthorized release from the underground storage tank,
as specified in Section 8.24.110.
(b) The City shall provide the designee of the Board
with copies of the completed permit applications, using
forms, an industry standard computer readable magnetic
tape, diskettes, or any other form in a format acceptable
to both the Board and the city.
(c) The application form shall include, but not be
limited to, requests for the following information:
22
(1) A description of the age, size, type,
location, uses, and construction of the underground
storage tank or tanks.
(2) A list of all of the hazardous substances
which are or will be stored in the underground storage
tank or tanks, specifying the hazardous substances to be
stored in each underground storage tank.
(3) A description of the monitoring program for
the underground storage tank or tanks.
(4) The name and address of the person, firm,
or corporation which owns the underground storage tank or
tanks and, if different, the name and address of the
person who operates the underground storage tank or
tanks.
(5) The address of the facility at which the
underground storage tank or tanks are located.
(6) The name and address of the person making
the application.
(7) The name and 24-hour phone number of the
contact person in the event of an emergency involving the
facility.
(8) If the owner or operator of the underground
storage tank or the owner or operator of the unified
program facility on which the tank is located is a public
agency, the application shall include the name of the
supervisor of the division, section, or office which owns
23
or operates the tank or owns or operates the unified
program facility.
(9) The state Board of Equalization
registration number issued to the owner of the tank
pursuant to Section 50108.1 of the Revenue and Taxation
Code.
(10) If applicable, the name and address of
the owner and, if different, the operator of the unified
program facility on which the tank is located.
(d) If a permittee stores in an underground storage
tank or tanks a hazardous substance which is not listed
in the application, as required by paragraph (2) of
SUbdivision (c), the permittee shall apply for a new or
amended permit within thirty (30) days after commencing
the storage of that hazardous substance.
SECTION 10. Santa Monica Municipal Code Section 8.24.060 is
amended to read as follows:
8.24.060 Fees.
(a) A fee shall be paid to the City by each person
who submits an application for a permit to operate an
underground storage tank or to renew or amend a permit.
The amount of any fee shall be established and from time
to time amended by resolution of the city Council.
(b) This fee shall include a surcharge, as
determined by the state annually to cover the costs of
24
the Board in carrying out its responsibilities under
Chapter 6.7 of the Health and Safety code and the costs
of the city in collecting the surcharges. The City may
retain six percent (6%) of any surcharge collected for
costs incurred in its collection. The six percent (6%)
of the surcharge retained by the city is the city's sole
source of reimbursement for the cost of collecting the
surcharge. The city shall transmit all remaining
surcharge revenue collected by the city to the Board
within 45 days after receipt.
(c) Subsection (b) above does not apply to the
city's single fee system, which will be implemented
pursuant to Health and Safety Code Section 25404.5 upon
certification of the City as a CUPA.
SECTION 11. Santa Monica Municipal Code Section 8.24.070 is
amended to read as follows:
8.24.070 Inspections.
(a) Every underground storage tank shall be
inspected at least once every three (3) years. The
purpose of the inspection shall be to determine whether
the tank complies with the applicable requirements of
this Chapter and the regulations adopted by the state
Water Resources Control Board, including the design and
construction standards of section 8.24.080 or section
8.24.090, whichever is applicable, whether the operator
25
has monitored and tested the tank as required by the
permit, and whether the tank is in a safe operating
condition.
(b) After an inspection conducted pursuant to
subdivision (a), a compliance plan may be prepared
detailing the results of the inspection and the remedial
action required. A copy of the report shall be given to
the owner and operator. Any report prepared pursuant to
this Section shall be consolidated into any other
inspection reports required pursuant to Chapter 6.11
(commencing with section 25404) of the Health and Safety
Code, the requirements listed in subdivision (c) of
Section 25404 of the Health and Safety Code, and the
regulations adopted to implement the requirements listed
in subdivision (c) of section 25404 of the Health and
Safety Code. The owner and operator shall comply with
the compliance plan within the time period set forth in
such plan.
(c) In addition to, or instead of the inspections
specified in Subdivision (a), the City may require the
owner to employ periodically special inspectors to
conduct an audit or assessment of the owner1s facility to
determine whether the facility complies with the factors
speCified in subdivision (a) and to prepare a special
inspection report with recommendations concerning the
safe storage of hazardous materials at the facility. The
26
report shall contain recommendations consistent with the
provisions of this Chapter, where appropriate. A copy of
the report shall be filed with the City at the same time
the inspector submits the report to the owner. Within
thirty (30) days after receiving this report, the owner
shall file with the City a compliance plan to implement
all recommendations contained in the report or shall
demonstrate, to the satisfaction of the City, why these
recommendations should not be implemented. The owner
shall comply with the compliance plan approved by the
city within the time period set forth in such plan.
SECTION 12. Section 8.24.075 1S added to the Santa Monica
Municipal Code to read as follows:
8.24.075 Authority to inspect location of tank systems.
(a) To carry out the purposes of this Chapter and
Chapters 6.7 and 6.75 of the Health and Safety Code, any
duly authorized representative of the City, the Regional
Board, or the Board has the authority specified in Health
and safety Code Section 25185, with respect to any place
where underground tank systems are located, or in which
records relevant to the operation of an underground tank
system are kept, and in Health and Safety Code Section
25185.5, with respect to real property which is within
2,000 feet of any place where underground tank systems
are located. The authority conferred by this section
27
includes the authori ty to conduct any monitoring or
testing of an underground tank system.
(b) To carry out the purposes of this Chapter and
Chapters 6.7 and 6.75 of the Health and Safety Code, any
authorized representative of the City, the Regional
Board, or the Board may require the owner or operator of
an underground storage tank to submit, upon request, any
information relevant to compliance with this Chapter or
applicable state law, to conduct monitoring or testing,
and to report the results of that monitoring or testing
under penalty of perjury. The burden of the monitoring,
testing, and reporting, including costs, shall bear a
reasonable relationship to the need for the monitoring,
testing, and reporting.
SECTION 13.
Section 8.24.077 is added to Santa Monica
Municipal Code to read as follows:
8.24.077 Trade secrets.
(a) "Trade secrets, II as used in this Chapter,
includes, but is not limited to, any formula, plan,
pattern, process, tool, mechanism, compound, procedure,
production data, or compilation of information which is
not patented, which is known only to certain individuals
within a commercial concern who are using it to
fabricate, produce, or compound an article of trade or a
service having commercial value, and which gives its user
28
an opportunity to obtain a business advantage over
competitors who do not know or use it.
(b) The Board or the City may disclose trade
secrets received by the Board or the City pursuant to
this Chapter or Article 6.7 of the Health and Safety Code
to authorized representatives or other governmental
agencies only in connection with the Board I s or the
city's responsibilities pursuant to this Chapter or
Article 6.7 of the Health and Safety Code. The Board and
the City shall establish procedures to ensure that these
trade secrets are utilized only in connection with these
responsibilities and are not otherwise disseminated
without the consent of the person who provided the
information to the Board or the city.
(c) Any person providing information pursuant to
Health and Safety Code Section 25286 and Section 8.24.050
shall, at the time of its SUbmission, identify all
informat1on which the person believes to be a trade
secret. Any information or record not identified as a
trade secret is available to the public, unless exempted
from disclosure by other provisions of law.
(d) Where the City, by ordinance, provides an
alternative to the listing of a substance which is a
trade secret, the person storing that substance shall
provide the identification of the material directly to
the Board pursuant to this Section.
29
SECTION 14. Santa Monica Municipal Code Section 8.24.080 is
amended to read as follows:
8.24.080 Standards ~or new underground storage tanks.
Every underground storage tank installed after
January 1, 1984, shall meet all of the following
requirements:
(a) The underground storage tank shall 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:
(1) Primary containment shall be
product-tight.
(2) Secondary containment shall be constructed
to prevent structural weakening as a result of contact
with any released hazardous substances, and also shall be
capable of storing the hazardous substances for the
maximum anticipated period of time necessary for the
storing of any released hazardous substance.
(3) In the case of any installation with one
primary container I the secondary container shall be
large enough to contain at least 100 percent of the
volume of the primary tank.
(4) In the case of multiple primary tanks, the
secondary container shall be large enough to contain 150
percent of the volume of the largest primary tank placed
30
in it, or 10 percent of the aggregate internal volume of
all primary tanks, whichever is greater.
(5) If the facility is open to rainfall, the
secondary container shall be able to additionally
accommodate the volume of a twenty-four (24) hour
rainfall as determined by a one hundred (100) year storm
history.
(6) Single-walled containers do not fulfill the
requirement of an underground storage tank providing both
a pr imary and a secondary containment. However, an
underground storage tank with a primary container
constructed with a double complete shell shall be deemed
to have met the requirements for primary and secondary
containment set forth in this Section if the outer shell
is constructed primarily of nonearthen materials,
including, but not limited to, concrete, steel, and
plastic, which provide structural support; a continuous
lead detection system is capable of detecting the entry
of hazardous substances from the inner container into the
space; and the system is capable of detecting water
intrusion into the space from the outer shell.
(7) Underground storage tanks for motor
vehicle fuels installed before January 1, 1997, may be
designed and constructed in accordance with this
subsection in lieu of the requirements of subsections (1)
31
to (6), inclusive, if all of the following conditions
exist:
(A) The primary containment construction
is of glass fiber reinforced plastic, cathodically
protected steel, or steel clad with glass fiber
reinforced plastic.
(B) Any alternative primary containment is
installed in conjunction with a system that will
intercept and direct a leak from any part of the
underground storage tank to a monitoring well to detect
any release of motor vehicle fuels.
(C) The system is designed to provide
early leak detection and response, and to protect the
groundwater from releases.
(D) The monitoring is in accordance with
the alternative method identified in Health and Safety
Code section 25292 (b) (4). This subsection does not
apply to tanks designed, constructed, and monitored in
accordance with subsection (6) above.
(E) Pressurized piping systems connected
to tanks used for the storage of motor vehicle fuels and
monitored in accordance with Health and Safety Code
Section 25292 (b) (4) also meet the conditions of this
subdivision if the tank meets the conditions of
subparagraphs (A) to (D), inclusive. However, any pipe
connected to an underground storage tank installed after
32
July 1, 1987, shall be equipped with secondary
containment which complies with subsections (1) to (6)
above, inclusive.
(b) The underground storage tank shall be designed
and constructed with a monitoring system capable of
detecting the entry of the hazardous substance stored in
the primary containment into the secondary containment.
If water could intrude into the secondary containment, a
means of monitoring for water intrusion and for safely
removing the water shall also be provided.
(c) The underground storage tank shall contain a
means of overfill protection for any primary tank,
including an overfill prevention device or an
attention-getting higher level alarm, or both.
(d) If different substances are stored in the same
tank and in combination may cause a fire, an explosion,
or the production of flammable, toxic, or poisonous gas,
or the deterioration of a primary or secondary container,
then they shall be separated in both the primary and
secondary containment so as to avoid potential
intermixing.
(e) If water could enter into the secondary
containment by precipitation or infiltration, the
facility shall contain a means of removing the water by
the owner or operator. This removal system shall also
prevent uncontrolled removal of this water and provide
33
for a means of analyzing the removed water for hazardous
substance contamination and a means of disposing of the
water, if so contaminated, at an authorized disposal
facility.
(f) Underground pressurized piping that conveys a
hazardous substance shall be equipped with an automatic
line leak detector and shall be tightness tested
annually.
(g) Before the underground storage tank is covered,
enclosed, or placed in use, the standard installation
testing for requirements for underground storage systems
specified in Section 2-7 of the Flammable and Combustible
Liquids Code, adopted by the National Fire Protection
Association, (NFPA 30) as amended and published in the
respective edition of the Uniform Fire Code, shall be
followed.
(h) Before the underground storage tank is placed in
service, the underground storage systems shall be tested
in operating condition using a precision test as defined
in National Fire Protection Association Pamphlet 329,
"Recommended Practice for Handling Underground Leakage of
Flammable and Combustible Liquids," as amended, for
proving the integrity of an underground storage tank.
(i) If the underground storage tank is designed to
maintain a water level in the secondary containment, the
tank shall be equipped with a safe method of removing any
34
excess water to a holding facility and the owner or
operator shall inspect the holding facility monthly for
the presence of excess water overflow. If excess water is
present in the holding facility, the permit-holder shall
provide a means to analyze the water for hazardous
substance contamination and a means to dispose of the
water, if so contaminated, at an authorized disposal
facility.
(j) The standards required by the City under this Section
shall at no time be less than the standards required pursuant
to Health and safety Code Section 25291.
SECTION 15. Santa Monica Municipal Code Section 8.24.020 lS
amended to read as follows:
8.24.090 S~andards for existing undergroun~ storage
tanks.
For every underground storage tank installed on or
before January I, 1984, and used for the storage of
hazardous substances, all of the following actions shall
be taken:
(a) On or before July 1, 1985, the owner shall
outfit the facility with a monitoring system capable of
detecting unauthorized releases of any hazardous
substances stored in the facility, based on materials
stored and the type of monitoring installed.
35
(b) Provide a means of visual inspection of the
tank, wherever practical, for the purpose of the
monitoring required by subsection (a). Alternative
methods of monitoring the tank on a monthly, or more
frequent basis, may be required by the Environmental and
Public Works Management Department.
(c) The Environmental and Public Works Management
Department shall develop regulations specifying
monltoring alternatives. The City, or any other public
agency specified by the city, shall approve the location
and number of wells, the depth of wells, and the sampling
frequency, pursuant to these regulations.
(d) (1) All existing underground pressurized
piping shall be equipped with an automatic line leak
detector on or before December 22, 1990, and shall be
retrofitted with secondary containment on or before
December 22, 1998. Underground pressurized piping shall
be tightness tested annually.
(2) Paragraph (1) above does not apply to
existing pressurized piping containing motor vehicle
fuel, if the pipeline is constructed of glass fiber
reinforced plastic, cathodically protected steel, or
steel clad with glass fiber reinforced plastic, is
equipped with an automatic line leak detector, and is
tightness tested annually.
36
(e) 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 16. santa Monica Municipal Code Section 8.24.092 is
added to read as follows:
8.24.092 underqround Tank systems.
All underground tank systems shall meet the
following operational requirements:
(a) The underground tank system shall be operated to
prevent unauthorized releases, including spills and
overfills, during the operating life of the tank,
including during gauging, sampling, and testing for the
integrity of the tank.
(b) Where equipped with cathodic protection, the
underground tank system shall be operated by a person
with suff icient training and experience in preventing
corrosion.
( c) The underground tank system sha II be
structurally sound at the time of upgrade or repair.
SECTION 17. Section 8.24.095 is added to the Santa Monica
Mun1cipal Code to read as follows:
37
8.24.095 Evidence of financial responsibility.
(a) All owners and operators of an underground tank
system shall maintain evidence of financial
responsibility for taking corrective action and for
compensating third parties for bodily injury and property
damage caused by a release from the underground tank
system, in accordance with regulations adopted by the
Board pursuant to Health and Safety Code Section 25299.3.
(b) If the owner and the operator are separate
persons, either the owner or the operator shall
demonstrate compliance with subsection (a).
(c) An owner may comply with this Chapter by
entering into an agreement with the operator of the tank
requiring the operator to demonstrate compliance with
subsection (a). However, both the owner and the operator
are in violation of subdivision (a) if evidence of
flnancial responsibility is not established and
maintained in accordance with this Chapter.
SECTION 18. Santa Moniea Munieipal Code Section 8.24.100 is
amended to read as follows:
8.24.100 Monitoring.
(a) The operator of the underground tank or
underground tank system shall monitor the underground
tank or underground tank system using the method
specified on the permit for the underground tank or
38
underground tank system. Records of monitoring, testing,
upgrading, repairing and closure shall be kept in
sufficient detail to enable the City to determine that
the operator has undertaken all monitor ing acti vi ties
required by the permit to operate and is in compliance
with this Chapter and the regulations adopted by the
state Water Resources Control Board.
(b) If the operator is not the owner I the owner
shall provide a copy of the permit to the operator, enter
into a written contract with the operator which requires
the operator to monitor the tank as set forth in the
permi t, and provide the operator with a copy of this
Chapter. The owner shall notify the City of any change of
operator.
SECTION 19. Santa Monica Municipal Code section 8.24.110 is
amended to read as follows:
8.24.110 Unauthorized release.
(a) Any unauthorized release from the primary
containment which the operator is able to clean up within
eight (8) hours after the release was detected or should
have been detected, and which does not escape from the
secondary containment, does not increase the hazard of
fire or explosion and does not cause any deterioration of
the secondary containment of the underground storage
39
tank, shall be recorded on the operator I s monitoring
reports.
(b) Any unauthorized release which escapes from the
secondary containment, or from the primary containment,
if no secondary containment exists, which increases the
hazard of fire or explosion, or causes any deterioration
of the secondary containment of the underground tank or
causes contamination of soil or groundwater shall be
reported by the operator to the city within twenty-four
(24) hours after the release has been detected or should
have been detected. A full written report shall be
transmitted by the owner or operator of the underground
storage tanks within five (5) working days of the
occurrence of the release. The report shall describe
the nature and volume of the unauthorized release, any
investigative actions which will be needed to clean up
the unauthorized release and abate the effects of the
release and a time schedule for implementing these
actions.
(c) The City shall review the permit whenever there
has been an unauthorized release or whenever it
determines that the underground storage tank is unsafe.
In determining whether to modify or terminate the permit,
the City shall consider the age of the tank, the methods
of containment, the methods of monitoring, the
feasibility of any required repairs, the concentration of
40
the hazardous substances stored in the tank, the severity
of potential unauthorized releases, and the suitability
of any other long-term preventive measures which would
meet the requirements of this Chapter.
(d) The reporting requirements imposed by this
section are in addition to any requirements which may be
imposed by sections 13271 and 13272 of the Water Code.
(e) For purposes of this Chapter, an unauthorized
release includes, but is not limited to, a spill or
overfill of a hazardous substance that meets both of the
following conditions:
(1.) The spill or overfill occurs while the
hazardous substance is being placed in an underground
storage tank.
(2) The spill or overfill is due to the use of
improper equipment, faul ty equipment, operator error,
inattention or overfilling.
(f) A person who causes an unauthorized release of
a hazardous substance specified in subsection (e) shall
immediately notify the operator of the underground
storage tank that a spill has occurred and the operator
shall comply with the requirements of Health and safety
Code sections 25294 or 25295, whichever is applicable.
SECTION 20. Section 8.24.112 is added to the Santa Monica
Municipal Code to read as follows:
41
8.24.112 Authority to remedy effects of and remove
ha~ardous sUbstance releases.
The City may request the following agencies to
utilize that agency's authority to remedy the effects of,
and remove, any hazardous substance which has been
released from an underground storage tank:
(a) The Department which may take action pursuant to
Chapter 6.8 (commencing with Section 25300) of the Health
and safety Code and, for this purpose, any unauthorized
release shall be deemed a release as defined in Health
and Safety Code Section 25320.
(b) The Regional Water Quality control Board may
take action pursuant to Division 7 (commencing with
Section 13000) of the Water Code and, for this purpose,
the discharged hazardous substance shall be deemed a
waste as defined in Water Code Section 13050 (d).
SECTION 21.
Section 8.24.115 is added to the Santa Monica
Municipal Code to read as follows:
8.24.115 lm~unity trom liability.
If the city performs, or causes to be performed, any
cleanup, abatement, or other action necessary to remedy
the effects of a release of hazardous substances from an
underground storage tank, the City shall be immune from
liability for this action to the same extent as the Board
or Regional Board is immune if the Board or Regional
42
Board had performed the cleanup, abatement, or other
action.
SECTION 22. Santa Monica Municipal Code section 8.24.120 is
amended to read as follows:
8.24.120 Abandonment.
(a) No person shall abandon an underground storage
tank, or unified program facility or close or temporarily
cease operating an underground storage tank, or unified
program facility, except as provided in this Section.
(b) An underground storage tank or unified program
facility which is temporarily taken out of service, but
which the operator intends to return to use, shall
continue to be subject to all the permit, inspection, and
monitoring requirements of this Chapter and all
applicable regulations adopted by the Board pursuant to
Health and Safety Code Section 25299.3, unless the
operator complies with the provisions of subsection (c)
below for the period of time the underground tank or
unified program facility is not in use.
(c) No person shall close an underground storage
tank or unified program facility unless the person
undertakes all of the following actions:
(1) Demonstrates that all residual amounts of
the hazardous substance or hazardous substances which
were stored in the underground storage tank prior to its
43
closure have been removed, properly disposed of, and
neutralized.
(2) Remove the underground storage tank in its
entirety from the ground, or upon approval by the city,
adequately seals the tank to minimize any threat to the
pUblic safety and the possibility of water intrusion
into, or runoff from, the underground storage tank.
(3) Provides for, and carries out, the
maintenance of the underground storage tank as the City
determines is necessary for the period of time the City
requires.
(4) Demonstrates to the satisfaction of the
Ci ty that an investigation has been undertaken which
reasonably concludes that there has been no significant
soil contamination resulting from a release from the
underground storage tank or unified program facility.
(5) Demonstrates to the City that the site has
been investigated to determine if there are any present,
or have been any past, releases, and if so, that the
appropriate corrective or remedial actions have been
taken.
SECTION 23. Section 8.24.121 is added to the Santa Monica
Municipal Code to read as follows:
44
8.24.121 Analysis required to be performed by accredited
laboratories.
The analysis of any material that is required to
demonstrate compliance with this Chapter shall be
performed by a laboratory accredited by the Department
pursuant to Article 3 (commencing with Section 100825) of
Chapter 4 of Part 1 of Division 101 of the Health and
Safety Code.
SECTION 24. Santa Monica Municipal Code Section 8.24.130 is
amended to read as follows:
8.24.130 Violations.
(a) No operator of an underground storage tank shall
do any of the following:
(1) Operate an underground storage tank for
which a permit has not heen issued .
(2) Fail to abide by the requirements of the
permit issued for the operation of the underground tank
system.
(3) Fail to permit inspection or perform any
monitoring, testing, or reporting as required by the
permit, this Chapter and Health and Safety Code Sections
25288 and 25289.
(4) Fail to maintain records as required by
Section 8.24.050.
45
(5) Fail to report an unauthorized release as
required by section 8.24.110.
(6) Fail to properly close an underground
storage tank as required by section 8.24.120.
(7) Make any false statement, representation,
or certification in any application, record, report, or
other document submitted or required to be maintained
pursuant to this Chapter and Chapter 6.7 of the Health
and Safety Code.
(8) Fail to comply with any other provision of
this Chapter or the regulations implemented thereunder.
(b) No owner of an underground storage tank shall do
any of the following:
(1) Fail to obtain a permit as specified by
this Chapter.
(2) Fail to repair or upgrade an underground
tank system in accordance with the provisions of this
Chapter.
(3) Abandon or improperly close any underground
tank system subject to the provisions of this Chapter.
(4) Fail to take reasonable and necessary steps
to assure compliance with this Chapter by the operator of
an underground tank system.
(5) Fail to abide by the requirements of the
permit issued for the operation of the underground tank
system.
46
(6) Fail to permit inspection or perform any
monitoring, testing, or reporting as required by the
permit, this Chapter and Health and safety Code sections
25288 and 25289.
(7) Make any false statement, representation,
or certification in any application, record, report, or
other document submitted or required to be maintained
pursuant to this Chapter and Chapter 6.7 of the Health
and Safety Code.
(8) Fail to comply with any other provision of
this Chapter or the regulations implemented thereunder.
(c) Any person who violates any provision of this
Chapter shall be liable for civil penalties as provided
for in Health and safety code section 25299.
(d) Each day that an operator or owner is in
violation of any provision of this Chapter shall
constitute a separate violation.
SECTION 25. Santa Monica Municipal Code Section 8.24.131 is
added to read as follows:
8.24.131 Accident or spill prevention plan or response
plan.
An owner or operator who is required to prepare an
accident or spill prevention plan or response plan
pursuant to this Chapter may, if the owner or operator
47
..
elects to do so, use the format adopted pursuant to
Health and Safety Code section 25503.4.
SECTION 26. Santa Monica Municipal Code Section 8.24.140 is
amended to read as follows:
8.24.140 Variance.
Any permit holder or permit applicant may apply for
a variance from section 8.24.080 or section 8.24.090.
The application for a variance shall include a
description of the proposed alternative program, method,
device, or process. A variance from this Chapter may
be issued if it is found that the applicant has
demonstrated by clear and convincing evidence that the
proposed alternative will adequately protect the soil and
the beneficial uses of water of the state from an
unauthorized release.
SECTION 27. Santa Monica Municipal Code section 8.24.150 is
amended to read as follows:
8.24.150 Scope of Chapter.
( a) The degree of protection required by this
Chapter is considered reasonable for regulatory purposes.
The standards set forth herein are minimal standards and
nothing in this Chapter should be construed or imply that
compliance with this Chapter will ensure that there will
be no unauthorized discharge of hazardous substances.
48
~
This Chapter shall not create a duty to the owner or
operator of an underground storage tank or to any third
person to protect such persons from any damage resulting
from an underground storage tank. This Chapter shall not
create any liability on the part of the City, its City
Council, boards and commissions, officers, agents,
servants, and employees for any damages that result from
reliance on this Chapter or any administrative decision
made hereunder. Any owner or operator of an underground
storage tank in the City of Santa Monica shall take
appropriate action in addition to that required by this
Chapter and applicable provisions of state and federal
law to ensure that no damage results from the ownership
or operation of an underground storage tank within the
City of Santa Monica.
(b) All of the duties imposed upon the city, its
City Council, boards and commissions, officers, agents,
servants, and employees under this Chapter require the
exercise of discretion and judgment.
SECTION 28. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
49
SECTION 29. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City Council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 30.
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 newspaper
within 15 days after its adoption.
This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
.-~ ........\
(nl "'''. . ;1, , - -
. i lA- l ~ i:.: ry: .~. J .' '..>....-./L,~~ I' ,~
MARSHA -'J"ONES -MOUTRIE ~....
City Attorney
50
,
State of CalIfornIa )
County of Los Angeles ) ss
CIty of Santa MOUlca )
~AM ~A
1 n - l
( i.yor
L :\lana :\'.1 Stewart, CIty Clerk of the CIty of Santa :Vlomea, do hereby certlfy that the foregomg
Ordmance 1\0 1872 (CCS) had Its ftrst readme: on Januarv 28. 1997. and had Its second readlllQ:
~ . ~
on February II, 1997 and was passed by the follolvmg yore
\yes
Counell members
Ebner, FeInsteIn. GenseL Greenberg, Holbrook, O'Connor.
Rosenstem
='l"oes
Couned members
:'\ one
Abstam
Counell members
None
Absent
CouncIl members
Kane
ATTEST
~'-:L~ k_.,^^l-
City Clerk \