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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 -2- 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, -4- 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. -5- 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 M