Ord 1602 - Urgency Ordinance Amending Sections of Chapter 35 Relating to the Storage of Hazardous Materials to Conform to Assembly Bill 1362ORDINANCE NO. 1602
AN URGENCY ORDINANCE AMENDING CERTAIN SECTIONS
OF CHAPTER 35 OF THE TOWN CODE RELATING
TO THE STORAGE OF HAZARDOUS MATERIALS
TO CONFORM TO ASSEMBLY BILL 1362
The Town Council of Los Gatos hereby ORDAINS:
Section 1.
Section 35.030.010 of the Town Code is hereby amended as follows:
Sec.35.030.010
New Storage Facilities
(a) No person, firm or corporation shall construct or install any new
storage facility until a permit or approval has been issued pursuant to this
Chapter.
(b) Monitoring Capability
All new storage facilities intended for the storage of hazardous
materials which are liquids or solids at standard temperature and pressure (STP)
shall be designed and constructed with a monitoring system capable of detecting
that the hazardous material stored in the primary containment has entered the
secondary containment. Visual inspection of the primary containment is the
preferred method; however, other means of monitoring may be required by Enforcing
Officer. Where secondary containment may be subject to the intrusion of water, a
means of monitoring for such water shall be provided and a means for safely
removing the water shall also be provided.
Whenever monitoring devices are provided, they shall, where
applicable, be connected to attention- getting visual and /or audible alarms.
(c) Containment Requirements
Primary and secondary 'levels of containment shall be required for all
new storage facilities intended for the storage of hazardous materials which are
liquids or solids at standard temperature and pressure (STP), unless specifically
herein exempted by Enforcing Officer.
(1) All primary containment shall be product- tight.
(2) Secondary containment:
(i) All secondary containment shall be constructed of
materials of sufficient thickness, density, and composition so
as riot to be structurally weakened as a result of contact with
the discharged hazardous materials and so as to be capable of
containing hazardous materials discharged from a primary
container for a period of time equal to or longer than the
maximum anticipated time sufficient to allow recovery of the
discharged hazardous material.
(ii) In the case of an installation with one primary
container, the secondary containment shall be large enough to
contain at least 110; of the volume of the primary container.
(iii) In the case of a storage facility with multiple primary
containers, the secondary container shall be large enough to
contain 150% of the volume of the largest primary container
placed in it, or 10% of the aggregate internal volume of all
primary containers in the storage facility, whichever is
greater.
(iv) If the storage facility is open to rainfall, then the
secondary containment must be able to additionally accommodate
the volume of a twenty -four (24) hour rainfall as determined
by a one hundred (100) year storm history.
(3) Laminated, coated, or clad materials shall be considered
single walled and shall not be construed to fulfill the
requirements of both primary and secondary containment.
(4) Variance
(i) A variance from the requirement for secondary containment
for an underground storage facility may be granted upon a
written finding by the officer issuing the permit, which has
been reviewed and approved by the Town Council, that based on
the special circumstances:
A. The requirement of secondary containment creates an
unusual and particular hardship; and
B. An equivalent degree of protection is provided by the
proposed alternative; and
C. The proposed alternative has been appropriately so
certified as providing an equivalent degree of protection, by
an indepenuent consultant retained in accordance with Section
35.010.025, or has been specified as potentially appropriate
for a variance in the guidelines approved pursuant - to Section
35.13U.010.
(ii) The Town Council shall consider the variance, at a public
meeting, at which oral or written presentation on the matter
may be made. A notice which includes a statement that a
variance from secondary containment for hazardous materials
will be considered, and which specifies the address of the
facility seeking the variance, and the time and place of the
meeting shall be given in the following manner.
A. The Town Clerk shall cause a copy of the notice to be
published once: in a newspaper of general circulation in the
Town, not less than ten (lU) days prior to the meeting; and
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B. The Town Clerk shall cause a copy of the notice to be
mailed at least ten (10) days prior to the meeting to any
party who files a written request with the Town Clerk, for
mailed notice of meetings at which such variance is to be
considered. Such written request for notice shall be valid
for one year from the date on which it is filed unless a
renewal request is filed. Renewal request for such mailed
notices shall be filed on or before April 1st of each year.
(5) Variance - Construction and Monitoring Requirements
Underground storage tanks may be granted a variance from the
standards for construction and monitoring set forth in this
Article, other than from the requirement for double
containment, only upon a written finding by the officer
issuing the permit that the applicant has demonstrated by
clear and convincing evidence:
A. That because of special circumstances not generally
applicable to other property or facilities, including size,
shape, design, topography, location, or surroundings, the
strict application of the standards of this Chapter would be
unnecessary to adequately protect the soil and beneficial uses
of the waters of the state from an unauthorized release; or
B. That strict application of the standards of this
Chapter would create practical difficulties not generally
applicable to other facilities or property; and that the
proposed alternative will adequately protect the soil and
beneficial uses of the waters of the state from an
unauthorized release.
(d) Overfill Protection
Means of overfill protection may be required for any primary
container. This may be an overfill prevention device and /or an attention - getting
high level alarm.
(e) Separation of Materials
Materials that in combination may cause a fire or explosion, or the
production of a flammable, toxic, or poisonous gas, or the deterioration of a
primary or secondary container shall be separated in both the primary and
secondary containment so as to avoid potential intermixing.
(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 control-led 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 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.
Qaa
Section 2.
Section 35.030.015 of the Town Code is hereby ariiended as follows:
Sec. 35.030.015
Existing Storage Facilities
Any storage facility in existence as of the effective date of this Chapter,
or any storage facility for which a building permit was issued prior to the
effective date of this Chapter, which does riot meet the standards of Section
35.030.010, may be permitted pursuant to this Chapter as long as it is providing
suitable storage for hazardous materials. The owner shall outfit the facility
with a monitoring system capable of detecting unauthorized releases of any
hazardous substances stored in the facility, and thereafter the operator shall
monitor each facility based on the materials stored and the type of monitoring
installed. In addition, storage facilities which contain hazardous materials
which are liquids or solids at standard temperature and pressure (STP) must be
monitored in accordance with a plan approved by Enforcing Officer as set forth
herein.
(a) A monitoring plan for each such storage facility containing hazardous
materials which are liquids or solids at STP shall be submitted to Enforcing
Officer as part of the Hazardous Materials Management Plan.
(b) Monitoring under such plan shall include visual inspection of the
primary containment wherever practical; however, if the visual inspection is not
practical, an alternative method of monitoring each storage facility on a monthly
or more frequent basis may be approved by Enforcing Officer.
(c) Alternative method(s) of monitoring may include but are riot limited
to: pressure testing, vacuum testing or hydrostatic testing of the piping
systems or underground storage tanks; groundwater monitoring well(s) which are
downgradient and adjacent to the storage facility; vapor analysis within the
well(s) where appropriate; and analysis of the soil boring(s) at the time of
initial installation of the well(s). The number of well(s), depth of well(s),
location of well(s), and sampling frequency shall be approved by the Enforcing
Officer.
(d) Such monitoring devices and methods, as approved by Enforcing Officer,
shall be installed and operating within six (6) months of the issuance of a
provisional permit in accordance with Section 35.080.025 arid Section
35.140.008(b)(1). Enforcing Officer may grant an extension of this compliance
date; however, such extension shall not exceed one (1) additional year. The full
term permit may be issued when compliance with this subsection has been achieved.
No monitoring systems required by this section shall be installed later than
January 1, 1985, or the date specified in Section 25284.1 of Chapter 6.7 of
Division 20 of the Health and Safety Code, whichever date is later.
(e) The continued use of, and permit approval for, existing storage
facilities is subject to review and modification or termination by Enforcing
Officer whenever there has been any unauthorized discharge. It shall also be
reviewed by the Enforcing Officer each time the permit is renewed. In
determining whether continued storage in such storage facility is suitable,
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Enforcing Officer shall consider the age of the storage racility, the methods of
containment, the methods of monitoring, the feasibility of the required retrofit,
the concentration of the hazardous materials contained, the severity of potential
unauthorized discharge, and the suitability of other long term preventive
measures which meet the intent of this Chapter.
(f) Existing storage facilities which are not approved in accordance with
this Section must be upgraded to comply with this Chapter or be closed in
accordance with Section 35.030.U20 below within one (1) year of a decision not to
issue a full term permit. An extension of time for compliance with this
subsection, riot to exceed one (1) additional year, may be granted by Enforcing
Officer.
Section 3.
Section 35.080.025 of the Town Code is hereby amended as follows:
Sec. 35.080.025. Provisional Permit.
If the officer to whore application has been made finds that the proposal
does not completely conform to the provisions of this Chapter, the officer may
approve a provisional permit, subject to conditions to be imposed by the officer,
when such a provisional permit is feasible and does not appear to be detrimental
to the public interest. Such permit shall not be issued unless the applicable
minimum requirements of Section 25284 or Section 25284.1 of Chapter 6.7 of
Division 2U of the Health and Safety Code have been complied with. The applicant
must be informed in writing of the reasons why a full term permit was not issued.
Section 4.
Section 35.100.010 of the Town Code is hereby amended as follows:
Sec. 35.100.010
Notice of Noncompliance
Unless the Enforcing Officer finds that an immediate suspension under
Section 35.1UO.02U is necessary to protect the public health or safety from
imminent danger, the officer shall issue a notice of noncompliance:
(a) For failure to comply with the provisions of this Chapter, any permit
conditions or any provisions of the Hazardous Materials Management Plan; or
(b) Before instituting remedial action pursuant to Section 35.100.005(d),
such notice shall be sent by certified mail to permittee. If the noncompliance
is not abated, corrected, or rectified within the time specified, remedial action
may be taken.
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 cu miunity is imperative for the protection of the citizens in a prompt and
response mariner. 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.
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Section 6.
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 adopted as an urgency ordinance of the Town of Los Gatos at a
special weeting of the Town Council of the Town of Los Gatos on December 16,
1933, by the following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Terrence
J. Daily, Brent N. Ventura and tlayor
Thomas J. Ferrito
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS Eric D. Carlson
SIGNED:
OR OF THE TU OF OS GATOS
ATTEST:
CLERK OF THE TOWN OF LO," 0
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