Ord 1635 - Urgency Ordinance amending certain sections of Chapter 35 of the Town Code relating to the storage of hazardous materials to conform to recent state amendments to Chapter 6.7 of the Health and Safety Code relating to underground storage of hazaORDINANCE NO. 1635
AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
CERTAIN SECTIONS OF CHARTER 35 OF THE TOWN CODE
RELATING TO THE STORAGE OF HAZARDOUS MATERIALS TO
CONFORM TO RECENT STATE AMENDMENTS TO CHARTER 6.7 OF THE
HEALTH AND SAFETY CODE RELATING TO UNDERGROUND
STORAGE OF HAZARDOUS MATERIALS
WHEREAS, the Town Council has, on July 18, 1983, passed and adopted
Ordinance No. 1586 establishing Chapter 35 of the Town Code providing for
the regulation of storage of certain hazardous materials, which chapter
was amended by Ordinance No. 1601 and Ordinance No. 1602; and
WHEREAS, the state legislature has adopted Assembly Dill 3781 and
Assembly Bill 3565 amending Chapter 6.7 of the Health and Safety Code
relating to the regulation of storage of hazardous materials in
underground tanks; and
WHEREAS, Health and Safety Code Section 25288 (renumbered to 25299.1
by Assembly Bill 3781) exempts cities from this legislation which have,
prior to January 1, 1984, adopted an ordinance which, at a minimum, meets
the requirements set forth in Section 25284 and 25284.1 (renumbered to
25291 and 25292, respectively, by Assembly Bill 3781), and which issue
permits for underground storage tanks; and
WHEREAS, AB 3781 and AB 2565 make certain changes and additions to
Sections 25284 and 25284.1, which could be construed as making the state
legislation stricter than the local ordinance; and
WHEREAS, as such state legislation goes into effect on January 1, 1985
it is necessary for this ordinance to be adopted as an urgency measure so
as to maintain the standards of the local ordinance, at the minimum, as
strict as the state legislation; and
WHEREAS, under Title 22, California Administrative Code Section 15108,
a Class 8 categorical exemption from the requirements of the California
Environmental Quality Act is appropri ate. for the subject matter of this
ordinance;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN
AS FOLLOWS:
Section 1.
Effective January 1, 1985, Section 35.02.015 of the Los Gatos Town
Code is hereby amended to read as follows:
Sec. 35.020.015. Underaround Tanks.
Notwithstanding Section 35.020.010 above, and in addition to those
materials regulated pursuant to 35.020.005 above, a permit shall be
required for the storage in an underground storage tank as defined by
California Health and Safety Code Section 25281(r), as amended, of any
material defined as a hazardous substance, in accordance with California
Health and Safety Code Section 25281(d), as amended.
Section 2.
Section 35.030.010(c)(2)(iv) of the Los Gatos Town Code is hereby
amended to read as follows:
(iv) If the storage facility is open to rainfall, then the secondary
containment shall be able to additionally accommodate the volume of a
twenty -four hour rainfall as determined by a one hundred -year storm
history.
Section 3.
Section 35.030.010(f) of the Los Gatos Town Code is hereby amended to
read as follows:
(f) Drainage System.
Drainage of water entering by precipitation or infiltration from
within a storage facility containing hazardous materials which are liquids
or solids at STP shall be controlled in a manner approved by the Enforcing
Officer so as to prevent hazardous materials from being discharged. No
drainage system will be approved unless the flow of the drain can be
controlled. 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. This removal system shall also
provide 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.
Section 4.
Section 35.030.010(g) of the Los Gatos Town Code is hereby added to
read as follows:
(g) Storage Tank Testing for Underground Storage Tanks.
(1) Before an 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.
(2) 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 of Handling Underground Leakage of Flammable
and Combustible Liquids," as amended, for proving the integrity of an
underground storage tank.
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Section 5.
Section 35.030.010(h) of the Los Gatos Town Code is hereby added to
read as follows:
(h) Excess Water Removal for Underground Storage Tanks
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 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 permittee 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.
Section 5.
It is necessary for the immediate preservation of the public peace,
health and safety of the citizens of the Town that this ordinance take
effect immediately because the Town control over the storage of hazardous
materials in the community is imperative for the protection of the
citizens in a prompt and responsive manner. Failure to adopt these
amendments could result in the state regulation of the storage of
hazardous materials, thus jeopardizing the public peace, health and safety
of the community by eliminating local control over hazardous materials.
Section 7.
This ordinance shall take effect immediately upon adoption. Within 15
days after this ordinance is adopted, the Town Clerk shall cause it to be
published once in a newspaper of general circulation published and
circulated in the Town.
This ordinance was introduced at a regular meeting of the Town of
Los Gatos on December � , 1984 and adopted by the following vote
as an ordinance o tie owT n of Los Gatos at a regular meeting of the
Town Council on December 17th 1984•
AYES: COUNCILMEMBERS Eric D. Carlson, Thomas J.
_Ferrito, Brent N. Ventura, and Mayor Joanne
Benjamin
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS Terrence J. Daily
S I GN L D : 1 - am - "yt� A CUyyI,C N�-.
MAYOR OF OW 0 OS GATOS
ATTEST
DEPUTY CLERK F LOS GATOS
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