HomeMy WebLinkAbout25-83TABLE OF CONTENTS
HAZARDOUD ~[ATERIALS STORAGE PERMIT ORDINANCE
CHAPTER 12
ARTICLE 1. GENERAL PROVISIONS
Sec. 7-401.
Sec. 7-402.
Sec. 7-403.
Sec. 7-404.
Sec. 7-405.
Sec. 7-406.
Purpose
General Obligation - Safety and Care
Specific Obligation
Definitions
Limits of Storage
Enforcement Officer
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ARTICLE 2. MATERIALS REGULATED
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Sec. 7-410.
Sec. 7-411.
Sec. 7-412.
Sec. 7-413.
Sec. 7-414.
Materials Regulated
Exclusions
Alternate Means
Safety Provisions
Material Safety Data Sheets
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ARTICLE 3. CONTAINMENT STANDARDS
Sec. 7-420.
Sec. 7-421.
Sec. 7-422.
Sec. 7-423.
Sec. 7-424.
Sec. 7-425.
Sec. 7-426.
Sec. 7-427.
Sec. 7-428.
Sec. 7-429.
Sec. 7-430.
Containment of Hazardous Materials
New Storage Facilities
Existing Installations
Out of Service Storage Facilities
Monitoring
Maintenance, Repair, or Replacement
Storage Cabinets for Hazardous Materials
Aboveground Storage Tanks and Pressure Tanks
Handling of Hazardous Materials
Secured Facilities
Regulations Applicable to Specific Materials
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ARTICLE 4. HAZARDOUS MATERIALS MANAGEMENT PLAN
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Sec. 7-440.
Sec. 7-441.
Sec. 7-442.
Hazardous Materials Management Plan
Information to be Submit'ted
Short Form - Minimal Storage Site
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ARTICLE 5. HAZARDOUS MATERIALS INVENTORY
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Sec. 7-450.
Sec. 7-451.
Sec. 7-452.
Sec. 7-453.
Hazardous Materials Inventory Statement
Information Required
Public Records
Trade Secrets
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ARTICLE 6. RESPONSIBILITY
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Sec. 7-460.
Sec. 7-461.
Sec. 7-462.
Sec. 7 -463.
ARTICLE 7~
Reporting Unauthorized Discharge
Clean-up Responsibility
Indemnification
Insurance - Finance Responsibility
INSPECTIONS AND RECORDS
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Sec. 7-470.
Sec. 7-471.
Sec. 7-472.
Sec. 7-473.
Sec. 7-474.
Inspections by City
Inspections by Permittee
Special Inspections
Substituted Inspections
Maintenance of Records
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ARTICLE 8. APPLICATION FOR PERMIT
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Sec. 7-480.
Sec. 7-48]~.
Sec. 7-482.
Permit
Application for Permit
Inves'tiga'tion
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Sec. 7-483.
Sec. 7-484.
Sec. 7-485.
Sec. 7-486.
Sec. 7-487.
Sec. 7-488.
Sec. 7-489.
Sec. 7-490.
Sec. 7-491.
Sec. 7-492.
ARTICLE 9.
Sec. 7-500.
Sec. 7-501.
Sec. 7-502.
Sec. 7-503.
Sec. 7-504.
Sec. 7-505.
ARTICLE 10.
Sec. 7-510.
Sec. 7-511.
Sec. 7-512.
Sec. 7.-513.
Sec. 7-514.
Sec. 7-515.
Sec. 7-516.
Sec. 7-517.
ARTICLE 11.
Sec. 7-520.
Sec. 7-521.
ARTICLE 12.
Sec. 7-530.
Sec. 7-531.
Sec. 7-532.
ARTICLE 13.
Sec. 7-540.
Sec. 7-541.
Sec. 7-542.
Sec. 7-543.
Sec. 7-544.
Sec. 7-545.
ARTICLE 14.
Sec. 7-550.
Sec. 7-551.
Approval of Permit
Temporary Permit
Issuance of Permits
Additional Approvals
Term
Renewal
Determination
Fees
Transfer of Permit
Effective Date of Permit
DENIAL
Denial of Application
Grounds for Denial
Transmittal of Decision
Appeal to City Council
Hearing on Appeal
Disposition of Appeal
REMEDIAL ACTION
Grounds for Remedial Action
Notice of Noncomplj..ance
Notice of Hearing
Suspension Prior to Hearing
Remedial. Action
Transmi'ttal of Decision
Authority after Suspension, Revocation, or
Expiration
Return of Permit
HEARING PROCEDURE
Hearing Rules
Hearing Notices
ENFORCEMENT
Criminal Penalties
Civil Penalties
Remedies not Exclusive
MISCELLANEOUS
Disclaimer of Liability
Guidelines
Duties are Discretionary
Conflict with Other Laws
Severability
Report to the State Water Resources Control
Board
COMPLIANCE SCHEDULE
Effective Date
Time Table for Initial Compliance
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ORDINANCE NC. 25-83
AN ORDINANCE OF THE CITY OF DANVILLE ADDING
TITLE 7 OF THE DANVILLE MUNICIPAL CCDE ~Y THE
ADDITION OF A NE%< CHAPTER 4 RELATED TO
HAZARDCUS MATERIALS STORAGE.
The City Council of the City of Danville does ordain as
follows:
Section 1:
Chapter 4 is added to Title 7 of the Danville Municipal
Code to read a~ follows:
CHAPTER 4
HAZARDOUS MATERIALS STORAGE
ARTICLE 1. GENERAL PROVISIONS
Sec. 7-401 . Purpose.
The purpose of this chapter is the protection of health, life,
resources, and property through Frevention and control of
unauthorized discharges cf hazardous materials.
Sec. 7-402 . General obligation - Safety and care.
(a)
No person, firm or corEoration shall cause, suffer, or
permit the storage or handling of hazardous materials:
(1)
In a manner which violates a provision of this chapter
or any other local, federal, or state statute, code,
rule, or regulation relating to hazardous materials; cr
(2)
In a manner which causes an unauthorized discharge of
hazardous materials or poses an unreasonable risk of
such unauthorized discharge.
(b)
City shall have discretion to exempt an applicant from any
specific requirement [other than the requirement for
secondary containment in underqround storaqe facilities,
except as provide~ in sections 7-421 (c~(4] and
7-421 (c)(5)], to permit applicant to employ different
requirements or to require applicant to meet additional
requirements where such action would be appropriate and
consistent with achieving the general obligation of this
chapter for protecting public health, safety and welfare.
Sec. ~-403 . Specific obligation.
(a)
Any person, firm. or corporation which stores any material
regulated ~y section 7-410. which is not excluded by
section 7-411 shall obtain and keep current a Hazardous
Materials Storage Permit.
(b)
All such hazardous materials shall be contained in
conformity with the standards of Article 3 of this chapter.
The storage and handling of' such hazardous materials shall
be in conformance with the approved Hazardous Materials
Management Plan.
G14.i7P1
t
(d)
The city shall app~ for, and~_.the officer shall con$~d~_~/D.d
issue where ap~pR~.~.~t ~_~.~-~i~, in conformity with thi~
chapter, for the storage of hazardous materials by city iD
an undercrQund stQraqe tank, as those terms are defined ]~
Chapter 6.7 of Division ~0 of the California Health an~
Safety Code, wherever the citV's storaqe facility may be
situated. Any other city, county, district or department,
or agency of the state which stores any ha}ardous substance,
in an underground storaoe tank, as those terms are defined
in Chapter 6.7, in this city without a permit meeting the
requirements Qf said Chapter 6.7 issued by such other local
a~ency, shall obtain and keep current a permit from city
~hich conforms at a minimum to Section 25284 and 25284.1 of
the Health and Safety Code.
Sec. 7-404 . Definitions.
Unless otherwise expressly stated, whenever used in this chapter,
the following terms shall have the meanings set forth below:
(a)
Abandoned, when referring to a storage facility, means out
of service and not safeguarded in compliance with this
chapter.
(b)
City shall mean, except where it clearly is intended to
refer to the ~eoqra~hical confines of the City of Danvill~
the City Manageror his desiqnee.
(c)
Facility means a building or buildings, appurtenant
structures, and surrounding land area used by a single
business entity at a single location or site.
(d)'Handling means the on-site management or use of a material
in connection with its storage including all activities that
take place within a storage facility and the placing of a
material into or taking it out of a storage facility.
(e)
Hazardous materials, (or hazardous substancesJ when used in
this chapter, the terms "hazardous materials" (or "hazardous
substances") shall include any of the following:
(1)
Flammable solids, corrosive liquids, poisonous gas or
highly toxic, radioactive, oxidizing, unstable or
reactlye hypergolic or pyrophoric materials;
(2)
Any substance or mixture of substances which is an
irritant, a strong sensitizer, or which generates
pressure through exposure to heat decomposition or
other means;
(3) 'Flammable or combustible liquids which are chemically
unstable and which may spontaneously form explosive
compounds or undergo spontaneous reactions of explosive
violence or with sufficient evolution of heat to be a
fire hazard;
(4)
Any material which has been determined to be hazardous
based upon any appraisal or assessment by or on behalf
of the party storing this material in compliance with
the requirements of the Environmental Protection Agency
or the California Department of Health Services, or
which should have been, but was not determined to be
hazardous due to the deliberate failure of the party
storing the material to comply with the requirements of
the Environmental Protection Agency and/or the
Department of Health Services;
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(5)
Any material which has been determined by the parties
storing or handling it, through testing or other
objective means, to be likely to create a significant
potential or actual hazard to public health, safety or
welfare. This subsection shall not establish the
requirement to test materials for the purposes of this
article.
(6)
Any material listed as a hazardous and/or extremely
.hazardous material or hazardous and/or extremely
hazardous waste in Sections 66680 and 66685 of Title 22
of the California Administrative Code, as amended,
whether such material is stored or handled in waste or
nonwaste form;
(7)
Any material which is listed on the list of
Environmental Protection Agency pollutants,
40 CFR 401.15, as amended.
NOTE: Elemental metals referred to in (6) and (7) above
shall not be considered hazardous materials unless they are
stored in a friable, powdered or finely divided state.
(8)
Materials not otherwise covered in this Code which are
highly flammable, or which may react to cause fires or
explosions, or which by their presence create or
augment a fire or explosion hazard or which because of
the toxicity, flammability or liability to explosion
render fire fighting abnormally dangerous or difficult.
The City Manager may exempt any material from the
requirements of this article where it has been
demonstrated that the material in the quantity and/or
solution stored does not present a significant actual
or potential hazard to the public health, safety or
storaqe shall comply wi provisi
subsections 7-421 (c)(4) and (5).
(9)
Hazardous material means any material which is subject
to regulation pursuant to Article 2 of this chapter. A
mixture shall be deemed to be a hazardous material if
it either is a waste and contains any material
regulated pursuant to Article 2 of this chapter; or is
a nonwaste and contains one percent (1%) or more of any
material regulated pursuant to Article 2 of this
chapter.
(10) Any material not listed above, but which after
January 1, 1984, is determined by the State Department
of Health Services to Be'haZardous pursuant to Health~
and Safety Code Section 2~81(b).
(f) Officer means the City Manageror any designee..
(g)
(h'
Permit means any Hazardous Materials Storage Permit issued
pursuant to this chapter as well as any additional approvals
thereto.
Permit quantity limit means the maximum amount of hazardous
material that can be stored in a storage facility. Separate
permit quantity limits will be set for each storage facility
for which a permit is obtained in accordance with the
requirements of this chapter.
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(i)
(k)
Person means any person, firm, or corporation to whom a
permit is issued pursuant to this chapter and any authorized
representative, agent or designee of such person, firm, or
corporation. "Person" also means any city, county,
district, the state, or any dep~rtment or aqenc¥ thereof.
Pipes means pipeline systems which are used in connection
with the storage of hazardous materials exclusively within
the confines of a facility and which are not intended to
transport hazardous materials in interstate or intrastate
commerce or to transfer hazardous materials in bulk to or
from a marine vessel.
Populated area means an area within the geographic limits of
the City of Danville.
(1)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(~)
(u)
Primary containment means the first level of containment,
i.e., the inside portion of that container which comes into
immediate contact on its inner surface with the hazardous
material being contained.
Product-tight means impervious to the material which is
contained, or is to be contained, so as to prevent the
seepage of the material from the primary containment. To be
product-tight, the container shall be made of a material
that is not subject to physical or chemical deterioration by
the material being contained.
Secondary containment means the level of containment
external to and separate from the primary containment.
Single-walled means construction with walls made of but one
thickness of material. Laminated, coated, or clad materials
shall be considered as single-walled.
Standard temperature and pressure (STP) means a
temperature of 0° centigrade and an atmospheric pressure of
1 atmosphere, or 760 millimeters Mercury.
Storage facility means any one or combination of tanks,
sumps, wet floors, waste-treatment facilities, pipes, vaults
or other portable or fixed containers, used, or designed to
be used, for the storage of hazardous materials at a
facility.
Sump means a pit or well in which liquids collect.
Unauthorized discharge means any release or emission of any
hazardous material which does not conform to the provisions
of this chapter, unless such release is in accordance with
the release regulations of the Bay Area Air Quality
Management District and California Air Resources Board, with
a National Pollutant Discharge Elimination System Permit,
with waste discharge requirements established by the
Regional Water Quality Control Ro~r~ pursuant to the Porter
Cologne Water Quality Act, or with Contra Costs County Central
Sanitary District sewer'pretreatment requirements.
Underground storage tank means any one or combination of
tanks, including pipes connected thereto, used for the
storage of hazardous substances, which is ~otallv or
~ubstantiall¥ beneath the surface of the qround.
Wet floor means a floor which is used to routinely collect,
contain or maintain standing liquids or to transmit standing
liquids on a more or less continuous basis.
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Sec. 7-405 .
Establishing limits in which hazardous materials
regulated by this ordinance are prohibited.
Hazardous materials regulated by this ordinance shall be allowe~
within the city limits, provided such use is in conformance with
the zoning ordinance and general plan.
Sec. 7-406 . Enforcement officer.
The provisions of this ordinance shall be enforced by the City
Mmager or his designee unless otherwise specified.
ARTICLE 2. ~ATERIALS REGULATED
Sec. 7-410 . ~aterials regulated.
The materials regulated by this chapter shall consist of the
following:
(a)
Any material listed as a hazardous and/or extremely
hazardous material or hazardous and/or extremely hazardous
waste in Sections 66680 and 66685 of Title 22 of the
California Administrative Code, as amended, whether such
material is stored or handled in waste or nonwaste form; or
(b)
Any material which is listed on the list of Environmental
Protection Agency (EPA) pollutants, 40 Code of Federal
Regulations, Section 401.15 as amended; or
(c)
Any material which is classified by the National Fire
Protection Association (NFPA) as either a flammable liquid,
or Class II combustible liquid or a Class IIIA combustible
liquid.
(d)
Any material which has been determined to be hazardous based
upon any appraisal or assessment by or on behalf of the
party storing this material or the manufacturer of the
product, in compliance with the requirements of the EPA or
the California Department of Health Services, or which
should have been, but was not, determined to be hazardous
due to the d~liberate failure of the party storing the
material to comply with the requirements of the EPA and/or
the Department of Health Services.
(e)
Any material which has been determined by the party storing
or handling it, through testing or other objective means, to
be likely to create a significant potential or actual hazard
to public health, safety or welfare. This subsection shall
not establish a requirement to test for the purposes of this
chapter.
Sec. 7-411 · Exclusions.
This chapter does not apply to the following materials:
(a)
Certain elemental metals. Solid elemental metals included
within the purview of section 7-410 shall not be
considered hazardous materials for purposes of this chapter
unless they are stored in a friable, powdered or finely
divided state.
(b)
Retail products. Hazardous materials contained solely in
consumer products packaged for distribution to, ana use by,
the general public or commercial products used for
janitorial or minor maintenance purposes such as paint
thinher or wax strippers.
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(c)
Work station. Hazardous materials located at a work station
in a quantity reasonably required for use as determined by
city under the circumstances.
(d)
Exemption. The city shall exempt any material from the
requirements of this chapter where it has been demonstrated
to the satisfaction of city that the material in the
quantity and/or solution stored does not present a
significant actual or potential hazard to the public health,
safety or welfare.
~e)
Notwithstanding section 7-411 above and in addition to
those materials requlated pursuant to section .714]~ above,
a permit shall be required for the storaqe in an undercround
storaqe tank as defined bV C~lifornia Health add Safety CQae
25280(m), of any material defined as a hazardous substance,
in accordance with California Health and Safety Code
Section 25280(c).
Sec. 7-412 . Alternate means.
~here specific requirements are not otherwise established,
storage, transportation or use of hazardous materials shall be in
accordance with nationally recognized standards or good practices
as defined in the Fire Code. This may require that the permittee
retain a suitably qualified independent engineer, or chemist, or
other appropriate professional consultant, acceptable to the City
Manager~for the purpose of evaluating and rendering a professional
opinion respecting the adequacy of such practice to achieve the
purpose of this ordinance. The City Managershall be entitled to
rely on such evaluation and/or opinion of such engineer, chemist
or any other professional cohsultant retairejdby ~he~City in making
the relevant determinations provided for in this ordinance.
Sec. 7-413 . Safety provisions.
Satisfactory provisions shall be made for containment,
neutralization and removal of spills or leakage of hazardous
materials, which may occur during storage, handling,
transportation or use. This shall include necessary safety
equipment for personnel.
An inventory of the above items shall be provided to the
City and the San Ramon Valley Fire District. The equipment
shall be regularly tested and adequately maintained. Safety
equipment used by personnel for fire fighting or chemical
spill emergencies shall be compatible with the same
equipment used by the San Ramon Valley Fire District.
EXCEPTION: Equipment already in existence but not compatible
with fire district equipment, but easily adaptable, shall have
adapters available.
Sec. 7-414 . Material safety data sheets.
~aterial safety data sheets shall be readily available for all
hazardous ma ....... ais on the premises
S,~c. 7-420 .
ARTICLE 3. CONTAINMENt' STANDARDS
Containment of hazardous materials.
No person, firm or corporation shall store any hazardous
materials regulated by this chapter until a permit or approval
has been issued pursuant to this chapter. No permit or approval
shall be granted pursuant to this chapter unless the ap[licant
demonstrates to the satisfaction of city, by the submission of
appropriate plans and other information, that the design and
construction of the storage facility will result in a safe manner
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of storage for the hazardous material or materials to be
contained therein.
All installation, construction, repair or modification, closure,
and removal shall be to the satisfaction of city. City shall
have the discretion to exempt an applicant from any specific
requirement,; or to impose reasonable additional or different
requirements in order to better secure the purpose and general
obligation of this chapter for protection of public health,
safety and' welfare. Notwithstandin~ the above, the discretio~
with respect to underqround storaqe facilities to exempt an
~pplicant from specific reauire~ents. or to impose different
requirementS, shall be exercised in accordance with the relevant
provisions of subsections 7-421 (c)(4) and (c)(5) below. The
guidelines approved pursuant to section 7-541 shall serve as
an advisory interpretation of the provisions of this article
addressed in such guidelines.
Sec. 7.421 . ~ew storage facilities.
(a)
No person, firm or corporation shall construct or install
any storage facility after Januarv 1, 19B4, 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 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 city. ~here secondary containment may be subject to the
intrusion of water, a means of monitoring for such water
intrusion and for safely removing the water shall 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 exempted by city.
(1) All primary containment shall be product-tight.
(2) Secondary containment:
(A)
All secondary containment shall be constructed of
materials of sufficient thickness, density, and
· composition so as not 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
material.
(s)
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.
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(3)
(4)
(c)
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.
(D)
If the storage facility is open to rainfall, then
the secondary containment must be able to
additionally accommodate the volume of a maximum
twenty-four (24) hour rainfall as determined by a
one hundred (100) year storm history.
(~,)
If water could enter into the secondary
containment by precipitation or infiltration, th~
facility shall contain a means of removing the
water bv the owner or operator. This removal
Ktem shall also provide for a means of analyzing
removed water for hazardous substance
contamination and a means of disposinq of the
water, if so contaminated, at an authorized
dist~osal facility.
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.
Variance. A variance from the requirement for
secondary containment and/or monitoring o£ a new
storage facility may be granted by the city manager
upon recommendation of the San Ramon Valley Fire
Chief when:
(A) The requirement of secondary containment creates
an unusual and particular hardship; and
(B)
An equivalent or superior degree of protection is
provided by the proposed alternative as certified
by an independent consultant retaine~ in
compliance with section 7-472 ; and
(c)
The variance is based on special circumstances
applicable to the specific storage facility only
and not a class or category of storage facilities.
Variance - Construction and monitoring requirements.
Underground storage tanks may be q~anted a variance
from the standards for construction and monitoring set
~orth in this article, other than from the requirement
for double containment, only upon a written finding Dy
the officer issuing the permit that the applicant has
demonstrated by clear and convincing evidence:
(A)
T~t because of s__p__ecial 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
($)
That stric~ application Of the standards of this.
chapter would create practical difficulties not
~enerally applicable to other facilities or
property; and that tile proposed alternative will
adequately protect the soil and beneficial uses of
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[
the waters of the state from an unauthorized
release.
Piping.
(1)
All piping, valves and fittings shall be designed for
working pressures and structural stresses to which they
may be subjected. They shall be of steel or other
material suitable for use with the product being
handled.
(2)
All piping both above ground and underground, where
subject to external corrosion, shall be cathodicly
protect per Appendix B of the 1976 Edition of the
Uniform Fire Code.
(3)
All underground piping shall be provided with secondary
containment as in (c) above.
EXCEPTION: The secondary containment may lead back to
the container's secondary containment.
(e)
Overfill protection. ~eans of overfill protection may be
required for any primary container. This may be an overfill
prevention device and/or an attention-getting higher level
alarm.
(f)
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..
(g)
Drainage system. Drainage of precipitation from within a
storage facility containing hazardous materials which are
liquids or solids at STP (standard temperature and pressure)
shall be controlled in a manner approved by the city so as
to prevent hazardous materials from being discharged. No
drainage system will be approved unless the flow of the
drain can be controlled.
(h)
Professional engineer stamp. The city may require design
submittals to bear the stamp of a professional engineer,
registered with the State of California, attesting to, but
not limited to, the following: structural soundness,
seismic safety, compatibility of construction materials with
contents, cathodic protection, and mechanical compatibility
with the structural elements.
Sec. 7-422 . Existing storage facilities.
Any storage facility in existence as of January 1, 1984, may be
permitted pursuant to this chapter as long as it is providing
safe storage for hazardous materials which are liquids or solids
at standard temperature and pressure (STP). Additionally, such
storage facilities must be outfitted with a monitorinc system
capable of detecting unauthorized releases of any hazardous
substances stored therein. Storage facilities which contain
~ezardous materials which are liquids or solids at STP must be
~.nitored in accordance with a plan approved by city as set forth
h~rein.
(a)
A monitoring plan for each such storage facility containing
hazardous materials which are liquids or solids at STP,
shall be submitted to city as part of the Hazardous
Materials Management Plan.
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(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 the City Manager.
(c)
Alternative method(s) of monitoring may include but are not
limited to: pressure testing, vacuum testinS or hydrostatic
testing of piping systems; groundwater monitoring well(s)
which 'are downgradient and adjacent to the storage facility,
vapor analysis within the well(s) where appropriate, and an
analysis of the soil boring(s) at the time of initial
installation of the well(s). The number, depth, location of
well(s), and sampling frequency shall be approved by the
city an'~'.East Bay Municipal Utility District.
(d)
Such monitoring devices and methods,'as approved by city,
shall be installed and operating on or before January 1,
1985.
(e)
The continued use of, and permit approval for, existing
storage facilities is subject to review and modification or
termination by city whenever there has been any unauthorized
discharge. It shall also be reviewed by the city each time
the permit is renewed. In determining whether continued
storage in such storage facility is safe, city shall
consider the age of the storage facility, 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.
Sec. 7-423 . Out of service storage facilities.
(a) No storage facility shall be abandoned.
(b)
Storage facilities which are temporarily out of service, and
are intended to be returned to use, must continue to be
monitored and inspected.
(c)
Any storage facility which is not being monitored and
inspected in accordance with this chapter must be closed or
removed in a manner approved by city as specified in the
Hazardous Materials Management Plan or in accordance with
section 7-486.
(d)
Any person, firm or corporation having an interest,
including a leasehold interest, in real property and having
reason to believe that an abandoned storage facility is
located upon such property shall make a reasonable effort to
locate such storage facility within six (6) months of the
effective date of this chapter.
(e)
Whenever an abandoned storage facility is located, a plan
for the closing or removing or the upgrading and permitting
of such storage facility shall be filed within ninety (90)
days of its discovery. A closure plan, if submitted, shall
conform to the standards of a closure plan, as specified in
section 7-441 (b)(9).
Se~. 7-424 . Monitoring, testing and inspection.
Every permittee under this chapter shall provide testing,
monitoring (if applicable), and inspections in compliance with
the Hazardous Materials Management Plan and shall maintain
records adequate to demonstrate compliance therewith.
-10-
Sec. 7-425 . Maintenance, repair or replacement.
(a)
Permittee shall carry out maintenance and ordinary upkeep
including minor repairs in a careful and safe manner. No
permit or additional approval will be required for such
maintenance and upkeep.
(b)
Any substantial modi£ication or repair of a storage facility
other than minor repairs or emergency repairs shall be in
accordance with plans to be submitted to the city and
approved in accordance with section 7-486 prior to the
initiation of such work.
(c)
Permittee may make emergency repairs to a storage facility
in advance of seeking an additional permit approval whenever
an immediate repair is required to prevent or contain an
unauthorized discharge or to protect the integrity of the
containment. However, within five (5) working days after
such emergency repairs have been started, permittee shall
seek approval pursuant to section ~;7-486 by submitting
drawings or other information adequate to describe the
repairs to city.
(d)
Replacement of any storage facility for hazardous materials
which are liquids or solids at S~P, must be in accordance
with the new installation standards of section 7-421 ·
Sec. 7-426 . StoraGe cabinets for hazardous materials.
Cabinets for the storage of hazardous materials shall be of
approved substantial construction and of 0.047~-inch steel or a
minimum of 1-inch plywood or equivalent which is compatible with
the material being stored. Doors shall be self-closing and sel£-
latching. A minimum of 2-inch sill shall be provided and
cabinets shall be liquid tight to the top of the sill. Cabinets
shall be painted with an intumescent-type paint and shall be
conspicuously labeled in red letters on contrasting background
HAZARDOUS--KEEP FIRE AWAY and with hazard i~entification in
accordance with NFPA Standard 704-1980.
Sec. 7-427 . Aboveground storage tanks and pressure vessels.
(a) All aboveground storage tanks, pressure vessels and
containers over 100 gallons (water capacity) permanently
installed, mounted or affixed and used for the storage of
flammable and combustible liquids, compressed gases, or
hazardous chemicals regulated by this chapter shall be
identified in accordance with the S-an Ramon Valley Fire
District Code.
EXCEPTION: Portable tanks not permanently mounted,
temporary tanks used on construction sites, drum storage and
packaged materials in containers of 55-gallon or less
capacity.
5aDels shall conform with the San Ramon Valley Fire District
Code and NFPA Standard No. 704-1980 for size and color and
shall be affixed to tank, vessel or container so as to be
conspicuously visible at all times.
When any tank covered in this section is housed within a
building, the building shall have the same hazard
identification label in a conspicuous location on the
exterior of the building.
-11-
(c)
Additional means of identification such as signs, containing
chemical name, percentage concentration, and hazard class,
and the posting of inventories or emergency procedures may
be required by the City Manager.
Sec. 7-428 · Handling of hazardous materials.
(a)
Dispensing and mixing of hazardous materials must not be
done in such manner as to substantially increase the risk of
an unauthorized discharge.
(b)
When hazardous materials are moved into or out of a storage
facility, they shall remain in the travel path only for the
time reasonably necessary to transport the hazardous
material and such movement shall be in a manner which will
not substantially increase the risk of an unauthorized
discharge.
Sec. 7-429 . Secured facilities.
Access to the storage facilities shall be secured by means of
fences and/or locks. The access to the storage facilities shall
be kept securely locked when unattended.
Sec. 7-430 . Regulations applicable to specific materials.
(a)
Oxidizing materials.
(1)
Oxidizing materials shall be stored in cool, ventilated
dry locations and separated from organic materials.
Bulk oxidizing materials shall not be stored on or
against combustible surfaces.
(2)
Oxidizing materials shall be stored separately from
flammable liquids, flammable solids, combustible
materials, hazardous chemicals, corrosive liquids and
such other noncompatible materials as may be determined
by the Cit~.Manager.
(b)
Radioactive materials.
(1)
Durable, clearly visible signs of warning of radiation
Oangers .shall be placed at all entrances to areas or
rooms where radioactive materials are used or stored.
In addition, each container in which radioactive
materials are used, stored or transported shall bear a
durable, clearly visible, appropriate warning sign.
Such signs shall bear the three-bladed radiation symbol
in magenta or purple on a yellow background in
accordance with nationally recognized good practice.
(2)
Signs are not required for storage of manufactured
articles other than liquids, such as instruments or
clock dials or electronic tubes or apparatus of which
radioactive materials are a component part, and
iuminous compounds, when securely packed in strong
containers, provided the gamma radiation at any surface
of the package is less than 10 milliroentgens in
24 hours.
(3)
When not in use, radioactive materials shall be kept in
adequately shielded fire resistant containers of such
design that the gamma radiation will not exceed
200 milliroentgens per hour or equivalent at any point
of readily accessible surface.
-12-
(c)
Reactlye and unstable materials.
(1)
General. Reactire and unstable materials shall be kept
apart from open flames, excessive heat and other
potential ignition sources. Storage shall be
controlled to prevent excessive temperatures and
pressures and to prevent contamination. Uncontaminated
content of broken or cracked bags, packages or other
containers shall be transferred to new and clean
containers before storing. Other spilled materials and
discarded containers shall be promptly gathered up and
destroyed in an approved manner. Internal combustion
motor vehicles or lift trucks shall not be parked or
stored in a room or compartment where such materials
are located. Electrical equipment shall conform to the
requirements of the Electrical Code.
(2)
Organic peroxides. A detached, well-isolated,
ventilated and unheated storage building with walls
having not less than a two-hour fire-resistive rating
constructed in accordance with the Building Code, a
noncombustible floor and a lightweight insulated roof
shall be provided for the storage of 50 pounds or more
of organic peroxides. If not adequately protected by a
fast-acting deluge-type automatic sprinkler system, the
storage building shall be located the following minimum
distances'from flammable or combustible liquid storage,
combustible materials in the open and from any other
builOing or highway.
WEIGHT OF ORGANIC PEROXIDES
(Pounds (Pounds
Over) Not Over)
DISTANCE
(Feet)
50 to 100 75
100 to 500 100
500 to 1000 125
1000 to 3000 200
3000 to 5000 300
Quantities in excess of 5000 pounds shall not be
permitted.
The organic peroxides shall be stored in the original
shipping containers (ICC containers). Care shall be
taken to avoid rough handling or contamination of these
chemicals. Readily legible warning signs and placards
shall be prominently placed in the storage and
processing areas.
(3)
Nitromethane. A suitably isolated outdoor storage area
shall be provided for nitromethane. Hazardous
processing shall not be permitted in the vicinity of
this storage area. Nitromethane shall be stored in
drums in which it is received or in an underground tank
with suitable corrosion protection and a minimum of
2 feet of earth over the tank or in barricaded tanks
aboveground. If the drum storage is not adequately
protected by a fast-acting deluge-type automatic
sprinkler system, the storage of 2000 pounds or more
shall be located the following minimum distances from
inhabited buildings:
-13-
(4)
WEIGH%'
(Pounds (Pounds
Over) Not Over)
APPROXIMATE NUMBER DISTANCES
OF DRU~;S (Feet)
Beginning at 2,000
2,000 to 10,000
10,000 to 20,000
20,0.00 to 40,000
40,000 to 80,000
4 100
20 200
40 300
80 400
160 500
Quantities in excess of 80,000 pounds shall not be
permitted.
Care shall be taken to avoid rough handling or
contamination of this chemical. Readily legible
warning signs and placards shall be prominently placed
in the storage and processing areas.
Ammonium Nitrate.
(A)
All flooring in storage and handling area shall be
noncombustible material and shall be without
drains, traps, pits or pockets into which any
molten amn~onium nitrate could flow and be confined
in case of fire.
(B)
Bach storage pile of bags or other authorized
packages and containers of such materials shall
not exceed 12 feet in height, 12 feet in width ano
30 feet in length.. SuCh pile units shall be
separated by a clear space of not less than
36 inches in width from the base to the top of the
piles, serving as cross aisles. At least one
service or main aisle in the storage area shall be
not less than 4 feet in width. A clearance of not
less than 30 inches shall be maintained from
building walls and partitions and of not less than
36 inches from ceilings or roof structural members
with a minimum of 18 inches from sprinklers.
(c)
Ammonium nitrate storage areas shall be separated
by'a space of 30 feet or by a tight noncombustible
partition from storages of organic chemicals,
corrosive liquids, compressed gases, flammable and
combustible materials or other contaminating
substances such as sulphur, coal, flour and
metallic powers such as zinc, copper and magnesium
where storage of such materials is permitted with
ammonium nitrate.
(D)
Quantities of ammonium nitrate or ammonium nitrate
fertilizer having no organic coating, in the form
of crystals, flakes, grains or pills, including
fertilizer grade, dynamite grade, nitrous oxide
grade and technical g~'ade ammonium nitrate and
ammonium nitrate phosphate (containing 60 percent
or more ammonium nitrate by weight) of more than
50 tons total weight shall be stored in a well-
ventilated building. Such building shall be of
one-hour fire-resistive or noncombustible
construction as specified in the Building Code or
shall be equipped with an approved automatic
sprinkler system. In populated areas, quantities
of 2500 tons or more shall be stored in well-
ventilated buildings of one-hour fire-resistive or
noncombustible construction as specified in the
Building Code, equipped with an approved automatic
sprinkler system. No combustible materials or
-14-
ammonium nitrate sensitizing contaminants shall be
stored in this building.
(E)
Storage of ammonium nitrate, coated or mixed with
organic anticaking materials, except compounded
blasting agents, shall not be permitted in
populated areas. Outside such areas, quantities
of 500 tons or less may be stored in well-
ventilated buildings of one-hour fire-resistive or
noncombustible construction as specified in the
Building Code, equipped with an approved automatic
sprinkler system.
(d) Highly toxic materials.
(1)
Highly toxic materials shall be segregated from other
chemicals and combustible and flammable substances by
storage out of doors or in a room or compartment
separated from other areas by a one-hour occupancy
separation constructed as specified in the building
code. The storage room shall be provided with adequate
drainage facilities and natural or mechanical
ventilation to the outside atmosphere constructed as
specified in the mechanical code.
EXCEPTION: Approved storage cabinets for hazardous
materials may be used for limited amounts approved by
the Ci~,Manager.
(2)
Legible warning signs and placards stating the nature
and location of the highly toxic materials shall be
posted at all entrances to areas where such materials
are stored or used.
(e) Poisonous gases.
(1)
Storage of poisonous gases shall be in rooms of at
least one-hour fire-resistive construction as specified
in the building code and having natural or mechanical
ventilation adequate to remove leaking gas. Such
ventilation shall not discharge to a point where the
gases may endanger any person, domestic animal or
wildlife.
EXCEPTION: Poisonous gases may be stored or used in a
room without one-hour fire-resistive construction and
mechanical ventilation, provided:
(A)
Two approved self-contained breathing apparatus
units are provided in the immediate area.
(B)
Atmosphere is monitored and an audible and visual
alarm is activated when the maximum safe level for
long-term exposure is reached.
(c)
Excess flow control is provided at the bulk
source.
(D)
Emergency shutdown controls are provided internal
and external to the area of use.
(E)
Approved gas cylinder cabinets which provide
adequate ventilation and fire protection are
utilized.
-15-
(2)
Legible warning signs stating the nature of hazard
shall be placed at all entrances to locations where
poisonous gases are stored or used.
AR~'ICLE 4. HAZARDOUS ~A~ERIALS MANAGEMENT PLAN
Sec. 7-440 . Hazardous materials management plan.
Each applicant for a permit pursuant to this chapter shall file a
written plan, for fire department approval, to be known as a
Hazardous Materials Management Plan (HMMP), which shall
demonstrate the safe storage and handling of hazardous materials.
The HMMP may be amended at any time with the consent of city.
The HMMP shall be a public record except as otherwise specified.
Sec. 7-441 . Standard form HMMP.
The standard form Hazardous Materials Management Plan must be
submitted unless the facility qualifies as a minimal storage site
under section 7-442 below. The HMMP may be submitted in two
phases. The applicant may seek preliminary permit approval based
on the plans for all storage facilities in accordance with
sect'ion 7-420 above and the phase one submittal.
(a)
Phase one. The phase one submittal shall include the
following components:
(1) Facility description:
(A)
General information. The HMMP shall contain the
name and address of the facility and business
phone number of applicant, the name and title and
business phone number of the responsible official,
number of employees, number of shifts, hours of
operation, and principal business activity.
(s)
General facility description. The HMMP shall
contain a map drawn at a legible scale and in a
format and detail determined by city. It shall
show the location of all buildings and structures,
chemical loading areas', parking lots, internal
roads, storm and sewer drains and shall specify
the uses of adjacent properties.
The City may also require information
as to the location of wells, flood plains,
ear=thquake faults, surface water bodies, general
land uses (schools, hospitals, institutions,
residential areas) within one mile of the facility
boundaries.
(C) Facility storage map.
1)
The HMMP shall contain a facility storage map
at a legible scale for inspection and
enforcement purposes. The information in
this section is provided for purposes of
ensuring the safe and secure handling of
hazardous materials and for the protection
and safety of emergency response personnel o£
city. The City ~hall take precautions to
ensure the confidentiality of the information
provided pursuant to this subsection.
-16-
~'he facilities storage map shall indicate the
location of each hazardous materials storage
facility, including all interior, exterior,
and underground storage facilities, and
access to such storage facilities. In
addition, the map shall indicate the location
of emergency equipment related to each
storage facility, and the general purpose of
the other areas within each facility.
For each storage facility, the map shall
contain information as prescribed below,
except that where the material being stored
is a trade secret, it shall be identified in
a coded manner (together with its key), and
not in a manner which would reveal trade
secret information;
a)
a floor plan to scale and the permit
quantity limit;
b)
for each nonwaste hazardous material
which is stored in a quantity greater
than the quantities specified in
section 7-451 (a), the general che~lical
name, common/trade name, major
constituents for mixtures, United
Nations (U~) or North America (~A)
number, if available, and physical
state. For each waste hazardous
material stored in any quantity within
the storage facility, the presence of
wastes shall also be indicated;
c)
for all hazardous materials, including
wastes, stored in each storage facility,
the hazard class or classes and the
quantity range for each such class,
aggregated within each storage facility,
in the following ranges:
Quantity
Range Number
Range Amounts
Up to and including 500 pounds for
solids, 55 gallons for liquids, and
200 cubic feet at STP for compresseO
gas;
2
Between 500 and 5,000 pounds for
solids, 55 and 550 gallons for
liquids, and between 200 and 2,000
cubic feet at STP of a compressed
gas;
Between 5,000 and 25,000 pounds for
solids, 550 and 2,750 gallons for
liquids, and 2,000 to 10,000 cubic
feet at STP for compressed gas;
Between 25,000 and 50,000 pounds for
solids, 2,750 and 5,500 gallons for
liquids, and between 10,000 and
20,000 cubic feet at STP for
compressed gas;
More than 50,000 pounds for solids,
5,500 gallons for liquids, ana
-17-
(2)
(3)
(4)
20,000 cubic feet at STP of a
compressed gas;
d)
for materials not regulated under this
chapter, but regulated under the Uniform
Fire Code, such as radioactives or
cryogens, or for materials stored in
storage facilities exempted by
sections 7-543 (a) and 7-543 (b),
the city may require that the hazard
class or classes, and the quantity range
of each such hazard class, using the
quantity ranges listed in subsecton c)
above, be provided;
e)
For tanks, the capacity limit of each
tank, and the hazardous material
contained in each tank by general
chemical name, common/trade name, major
constituents for mixtures, United
Nations (UN) or North America (NA)
number, if available, and physical
state.
2)
Due to the threat of sabotage posed by the
disclosure of the information in the facility
storage map, this information shall be
maintained by the City
enforcement purposes only and shall not be
made public. Public disclosure of this
information could endanger the security of
the facility and present a clear danger to
public health and safety. ~he City
shall not disclose this
information to the public without the consent
of the permittee or permit applicant unless
ordered to do so by a court of competent
jurisdiction. Permittee or permit applicant
shall be deemed a real party in interest in
any such action. Prompt notice of a law suit
to compel disclosure shall be given by city
to permittee or permit applicant.
3)
The facility storage map shall be updated
annually o~ whenever an additional approval
is required for the facility or whenever the
hazardous materials inventory statement is
required to be amended pursuant to
section 7-450 (a).
Hazardous materials inventory statement. A hazardous
materials inventory statement shall be filed in
accordance with Article 5 of this chapter.
Hazardous ~aterials handling. ~he HM~P shall contain a
Oescription of the handling of hazardous materials to
demonstrate that such handling shall be conducted in a
manner to prevent the accidental release of such
material.
Separation of materials. The HM~P shall contain a
Oescription of the methods to be utilized to ensure
separation and protection of stored hazardous materials
from factors which may cause a fire or explosion, or
the production of a flammable, toxic, or poisonous gas,
or the deterioration of the primary or secondary
containment.
-18-
(b)
(5)
Monitoring program. The HMMP shall contain a
description of the location, type, manufacturer
specifications (if applicable), and suitability of
monitoring methods to be used in each storage facility
storing hazardous materials which are liquids or solids
at STP.
Phase two. The phase two submittal will include the
lollowing components:
(1) Security precautions
(A)
The H~IMP shall contain a description of the
security precautions which will be utilized to
prevent the unknowing or unauthorized entry of
persons or animals into the storage facilities.
The City shall take precautions to
ensure the confidentiality of the information
provided pursuant to this subsection.
(B)
Due to the threat of sabotage posed by the
disclosure of this information, this information
shall be maintained by the City for law'
enforcement purposes only and shall not be made
public. Public disclosure of this information
could endanger the security of the facility and
present a clear danger to public health and
safety. The City shall not disclose
this information to the public without the consent
cf the permittee or permit applicant unless
ordered to do so by a court of competent
jurisdiction. Permittee or permit applicant shall
be deemed a real party in interest in any such
action. Prompt notice of a lawsuit to compel
disclosure shall be given by city to permittee or
permit applicant.
(2)
Hazard labeling and warning signs. The HMMP shall
contain a plan to provide warning markings on
containers, storage areas, storage structures,
surrounding fences, gate, and accessways, acceptable to
city. NFPA 704-1980 shall be used.
(3)
Insurance liability and cost recovery protection.
~'he HM~iP shall set forth the amount and type of the
financial responsibility as approved by City manager in
accordance with section 7-463 .
(4) Facility inspection schedule
(A)
Inspection and recordkeeping. The HMMP shall
contain a schedule and procedures for inspecting
each storage facility and its related monitoring,
safety, an0 emergency equipment, security devices,
and operating and structural equipment.
The HMb:P shall contain a written inspection
procedure acceptable to city for inspecting the
storage facility for malfunctions and
deterioration, operators' errors, poor
housekeeping practices, and unauthorized
discharges of hazardous materials. These
inspections must be scheduled at appropriate
frequencies and must be recorded in an authorized
checksheet or log to be maintained for three (3)
years from the Care of inspection.
-19-
(5)
(6)
(7)
(8)
(B)
The H~iMP shall contain an inspection checksheet or
log designed to be used in conjunction with
routine inspections. The checksheet or log shall
provide for the recording of the date and time of
inspection, the date and time of any corrective
action taken, the name of the inspector, and the
counter signature of the designated safety manager
for the facility or the responsible official as
designated in the HM~P.
Employee training. The HMMP shall contain a summary of
the applicant's employee training program designed to
be appropriate to the types and quantities of hazardous
materials stored or used in order to prepare employees
to safely handle hazardous materials on a daily basis
and during emergencies, including:
(A)
Instruction in safe storage and handling of
hazardous materials;
(B)
Instruction in emergency procedures for leaks,
spills, fires or explosions including shut-down of
operations;
(c)
Recordkeeping procedures for documenting training
given to employees.
Emergency equipment. The HMMP shall describe emergency
equipment availability, testing, and maintenance to
assure that it is adequate and appropriate for
potential emergencies presented by the stored hazardous
materials.
Contingency plan. The HMMP shall contain a contingency
plan which describes the procedures which facility
personnel must take in response to fires, explosions,
or any unauthorized discharge of hazardous materials.
The HMMP shall provide an assurance that simplified
emergency procedures shall be provided to each employee
who deals with hazardous materials and posted in
conspicuous locations where the regulated hazardous
materials are stored or handled outside of the
manufacturing process of the facility.
If the permittee or permit applicant has already
prepared an approved contingency plan in accordance
with California Department of Health Service and/or
federal regulations, that plan, or relevant portions
thereof, may be submitted in lieu of the contingency
plan.
The contingency plan must include the name, business
address and emergency telephone number of the primary
emergency response person and an alternate, the list of
emergency equipment, and evacuation plan, and a list of
emergency assistance numbe~ to be called.
Amendment of contingency plan. The contingency plan
must be reviewed, and amended, if necessary, as soon as
is reasonable, whenever:
(A) Applicable regulations are revised;
(B) The plan fails in an emergency;
-2O-
(c)
~he facility is changed in any significant aspect
of its design, construction, operation,
maintenance, or other circumstance, which
materially increases the potential for fire,
explosion, or unauthorized discharge of hazardous
materials or which significantly affects the
response necessary in an emergency.
(9)
Closure plan. The HMNP shall contain a closure plan
which describes procedures for terminating the storage
of hazardous materials in each storage facility in a
manner that:
(A) Eliminates the need for further maintenance; and
(B)
Con'trols to the extent that a threat to public
health or safety or to the environment from
residual hazardous materials in the storage
facility is minimized or eliminated; and
(c)
Demonstrates that hazardous materials that were
stored in the storage facility will be removed,
disposed of, neutralized, or reused in an
appropriate manner.
(c) Variation in information
(1)
Additional information may be required for the
where such information is reasonably necessary to meet
the intent of this chapter.
(2)
(3)
Requirements £or information in the HMNP may be waived
by the City Manager or his designee where such i~formation
is not reasonably necessary to meet the intent of this
chapter.
Whenever permittee has submitted a plan which incluOes
substantially the same information as is required for
any component(s) of the HMMP to any other public agency
regulating hazardous materials, such plan may be
submitted to City in lieu of such
component(s). The City shall give deference
to.any approval of such plan by the other public
agency.
-21-
Sec. 7-442 · Short form HMKP - Minimal storage site.
(a)
A facility shall qualify as a minimal storage site if the
quantity of each hazardous material stored in one or more
storage facilities in an aggregate quantity for the
facility, is 500 pounds or less for solids, 55 gallons or
less for liquids or 200 or less cubic feet at STP for
compressed gases.
(b)
The applicant for a permit for a facility which qualifies as
a minimal storage site may opt to file the short form
Hazardous Material Management Plan. Such plan shall include
the following components:
(1) General application information;
(2)
A simple line drawing of the facility showing the
location of the storage facilities and indicating the
hazard class or classes and physical state of the
hazardous materials being stored and whether any of the
material is a waste;
(3)
Information describing that the hazardous materials
will be stored and handled in a safe manner and will
appropriately contained, separated and monitored;
(4)
The amount and type of financial responsibility as
apFroved by the City manager for a minimal storage site
in accordance with section 27-463 ;
(5) Assurance that:
(A) Security precautions have been taken;
(B)
Employees have been appropriately trained to
handle the materials and to react to emergency
situations;
(C) Adequate labeling and warning signs are posted;
(D) Adequate emergency equipment is maintained;
(E)
The disposal of any hazardous materials will be in
an appropriate manner.
ARTICLE 5. HAZARDOUS MATERIALS INVENTORY
Sec. 7-450 · Hazardous Materials Inventory Statement.
(a)
A HazarOous Materials Inventory Statement (HMIS) shall be
filed with ~he City in accordance with this article.
Any person, firm, or corporation which stores any hazardous
material in an amount which is equal to or greater than the
quantities specified in section 7-451 (a) is required to
file an HMIS. Such person, firm or corporation shall amend
the HMIS within thirty (30) days of the storage of hazardous
material not listed thereon but required to be listed by
section 7.451 (a) or of an increase above the quantity
range listed in accordance with section %-451, (c).
Sec. 7:451 . Information required.
(a)
Information shall be included in the HMIS for each hazardous
material stored in a facility (aggregated over all such
material stored in one or more facilities) where the
aggregate quantity throughout the facility is 9reater than
two hundred (200) cubic feet at standard temperature and
pressure (STP) for compressed gases, greater than
G14.18RI
-22-
fifty-five (55) gallons for liquids, or greater than five
hundred (500) pounds (lbs.) in weight for solids.
(b) The information in the HNIS shall include either:
(1) For non-wastes:
(A)
The general chemical name, common/trade name,
major constitutents for mixtures, the
manufacturer, United Nations (UN) or North
American (NA) number, if available, and the hazard
class or classes; or
(B)
Ihe Material Safety Data Sheet (MSDS) or its
equivalent and the hazard class or classes.
(2)
For wastes: The Department of Health Services manifest
for wastes or its equivalent, and the hazard class or
classes.
(c)
In addition, the HMIS shall state the aggregate quantity
range stored at the facility of each hazardous material
listed in terms of the quantity ranges stated in
section 7-441(a)(1)(C)1)c) [2-5] above.
(d)
Where a claim for trade secret protection is made for any
hazardous material pursuant to section 7-453 , the HMIS to
be publicly disclosed shall indicate the number of materials
claimed to be trade secrets and the aggregate quantity range
stored at the facility for each such hazardous material
stated in terms of the quantity ranges set forth in
(a)(1)(C)l)c) [2-5].
Sec. 7-452 . Public records.
The HMIS is a public record except that no trade secret shall be
disclosed. Any request for a public record hereunder shall be
submitted in writing to the City Manager.
Sec. 7~453 . Trade secrets.
(a)
The C:iy~Managershall protect from disclosure any and all
trade secrets, which come into the city's possession through
written documents or information furnished by permittee or
permit applicant as required under this chapter, provided
that:
(1)
At the time such claimed trade secret(s) is submitted
in writing to the City , a written claim of trade
secret status is simultaneously submitted to the
City ; and
(2)
The trade secret information sought to be protected is
submitted to city on a separate form or forms, clearly
and conspicuously marked or labeled as containing trade
secret information; and
(3)
Said form or forms containing the trade secret
information is submitted only to City Manager and
(4)
Accompanying each item of information for which a claim
of trade secret is asserted, is a declaration under
penalty of perjury, on a form provided by City
.=. , signed by the permittee or permit
applicant, supporting the asserted trade secret status.
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(b)
(c)
(e)
(f)
(g)
If an action is instituted under the California Public
Records Act for the release of such trade secrets, the
permittee or permit applicant shall be deemed a real party
in interest in any such action. Notice of a lawsuit to
compeldisclosure shall be given by city to permittee or
permit applicant promptly upon receipt of such notice by
city. The permittee or permit applicant shall have the.
option to defend city in any such action. The permittee or
permit applicant shall indemnify the city for all of city's
attorneys fees, costs and expenses incurred, as well as for
any judgment imposed, pursuant to California Government Code
Section 6259, if any of the information sought to be
protected as a trade secret is finally determined by the
court not to be a protected trade secret.
Any information reported to or otherwise obtained by the
city officer, or any of his representatives or employees,
which is exempt from disclosure pursuant to subsection (a),
shall not be disclosed to anyone other than as required by
law, except an officer or employee of the city in connection
with the official duties of such officer or employee under
any law for the protection of health, or to contractors with
the city and their employees, if in the opinion of the city
officer such disclosure is necessary and required for the
satisfactory performance of a contract for performance of
work.
Any person who by virtue of such employment or official
position has obtained possession of or has had access to
information,.the disclosure of which is prohibited by this
section, and who knowing that disclosure of the information
is prohibited, discloses the information in any manner to
any person not entitled to receive it, or uses the
information for his or her own use or advantage, shall be
guilty of 'a misdemeanor. This subsection shall not limit
nor diminish any private right of action which the permittee
or permit applicant may have against any person or entity
including the city.
Information certiiied by appropriate officials of the bnited
States, as necessarily kept secret for national defense
purposes, shall be accorded the full protections against
disclosure as specified by such official or in accordance
with the laws of the United States.
The city council shall, by resolution, adopt a procedure
designed to prevent knowing or negligent disclosure of trade
secret information. Such procedure shall identify which
officials shall have access to the information, and the
means by which access will be controlled and monitored.
Trade secret information shall be maintained in secured
facilities which are designed to prevent inadvertant or
unauthorized access or disclosure.
Any other provision of this section to the contrary
notwithstanding, there shall be no criminal or civil
liability for disclosure of the identity of any trade secret
material where there has been any unauthorized discharge
related to such trade secret material which is reportable in
compliance with section 7-46~or where such disclosure
arises out of any official emergency response relating to
the storage facility(s) involving such trade secret
information by public safety personnel of city.
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ARIICLE 6. RESPONSIBILITY
Sec. 7-460 . ~eporting unauthorized discharge.
(a) Liquids and solids at STP
As soon as any person in charge of a storage facility or
responsible for emergency response for a facility has
knowledge of any confirmed or unconfirmed unauthorized
discharge of a hazardous material which is liquid or solid
at STP, such person shall take all necessary steps to ensure
the aiscovery and containment and clean up of such discharge
and shall notify the City Manager of the occurrence as
required by .this subsection.
(1) Confirmed unauthorized discharge.
(A) Recordableunauthorized discharge.
Any recordable unauthorized discharge shall be
contained and safely disposed of in an appropriate
manner by permittee and such occurrence and the
response thereto shall be recorded in the
permittee's monitoring records. A recordable
unauthorized discharge is any unauthorized release
or emission of a hazardous material which meets
all of the following criteria:
1)
The release is from a primary containment to
a secondary conraiment or to a rigid above
ground surface covering capable of containing
the discharge until clean up of the hazardous
material is completed; and
2)
~'he permittee is able to adequately clean up
the discharge before it escapes from such
secondary containment or such above ground
surface, but if the clean up requires more
than eight (8) hours, it becomes a reportable
discharge in accordance with
section 7-460 (a)(1)(B); and
3)
~'here is no increase in the hazard of fire or
explosion, nor is there any production of a
flammable or poisonous gas, nor is there any
deterioration of such secondary containment
or such rigid above ground surface.
(B) Reportable unauthorized discharge.
Any unauthorized discharge which is not determined
to be recordable under subsection (1) above, must
be reported to city immediately. The reporting
party shall provide information to city relating
to the ability of permittee to contain and dispose
of the haza~-~,~c m=~l the esLi]~ated time it
will take to complete containment and disposal,
and the degree of hazard created. City Manager
may' verify that the hazardous material is being
contained and appropriately disposed. City
Manage~. , at any time upon a determination that
permittee is not adequately containing and
disposing of such material, shall have the power
and authority to undertake and direct an emergency
response in order to protect the public health
and/or safety.
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(2) Unconfirmed unauthorized discharge.
(A) Indication of loss in inventory records.
Whenever a material balance or other inventory
record indicates a loss of hazardous material, and
no unauthorized discharge has been confirmed by
other means, permittee shall have forty-eight
hours to determine whether or not there has been
an unauthorized discharge. If before the end of
such period, it is determined that there has been
no unauthorized discharge, an entry explaining the
occurrence shall be made in permittee's monitoring
records. Where permittee has not been able,
within such period, to determine that there has
been no unauthorized discharge, an unauthorized
discharge is deemed confirmed and permittee shall
proceed in accordance with subsection (1)(A)
above.
(B) Test results.
Whenever any test results suggest a possible
unauthorized discharge, and no unauthorized
discharge has been confirmed by other means, the
permittee shall have forty-eight (48) hours to
retest. If second test results obtained within
that period establish that there has been no
unauthorized discharge, the results of both tests
shall be recorded in permittee's monitoring
records. If it has not been established within
such period that there has been no unauthorized
discharge, an unauthorized discharge is deemed
confirmed and permittee shall proceed in
accordance with subsection (1)(A) above.
(b) Gases at STP.
Any person in charge of a storage facility or responsible
for emergency response for a storage facility, who has
knowledge of any unauthorized discharge of a hazardous
material which is a gas at STP, must immediately report such
discharge to the city if such discharge presents a threat of
imminent danger to public health and safety.
(c)
The city shall submit a written report to the State Qffice of
Emergency Services within ten (10) working days from the
~ate that it is notified of an ~nauthorized dls~har~ ~rQ~.
an underground storage tank.
Sec. 7-461 . Clean-up responsibility.
Any person, firm or corporation responsible for storing the
hazardous material shall institute and complete all actions
necessary. to remed-~ the effect of any unauthorized discharge,
whether sudden or gradual. City shall undertake actions to
remedy the effects of such unauthorized discharge itself, only if
it determines that it is reasonably necessary under the
circumstances for the city to do so. The responsible party shall
b- liable to reimburse to city for all costs incurred by city in
r~medying the effects of such unauthorized discharge, excluding
the costs of fighting fires to the extent required by law. This
responsibility is not conditioned upon evidence of willfulness or
negligence of the party storing the hazardous material(s) in
causing or allowing such discharge. Any responsible party who
undertakes actions to remedy the effects of unauthorized
discharges shall not be barred by this chapter from seeking to
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recover appropriate costs and expenditures from other responsible
parties except as provided by 7-462 .
Sec. 7-462 . Indemnification.
Prior to the issuance of a permit orthe renewal thereof, the
applicant or pern~ittee shall submit to the risk manager a signed
agreement to indemnify, hold harmless and defend the city against
any claim, cause of action, disability, loss, liability, damage,
cost or expense, howsoever arising, which occurs by reason of an
unauthorized discharge in connection with permittee's operations
under this permit except as arises form city's sole willful act
or sole active negligence.
Sec.7-463 . Insurance - financial responsibility.
(a)
(b)
(c)
(d)
(e)
An applicant or permittee must demonstrate and maintain
financial responsibility either by insurance or
self-insurance in order to compensate third parties
(including City), for any bodily injury And/or property
damage caused by any accidental occurrences (sudden or
non-sudden) arising from any unauthorized discharge of a
hazardous material which is regulated by this chapter. The
amount and form of such financial responsibility shall be
subject to the approval of the City manager. The coverage
shall be endorsed to (1) name the city as additional
insured, (2) be primary to any other insurance available to
the city, and (3) not be cancelled, limited or allowed to
expire without renewal until after 30 days written notice
has been given to the City manager.
Said amount of the financial responsibility, which shall be
consistent with the degree and duration of the risk to human
health and the environment associated with the potential for
unauthorized discharge from the storage facilities and as
approved by the City manager shall be shown in the HM~P.
Unless a self-insurance plan has been approved by the C~ty
manager, a certificate of liability insurance, acceptable to
gity manager, shall be submitted to city prior to the
effective date of any permit hereunder. The coverage as
specified in the HMMP shall continuously be maintained as
long as any hazardous material is stored in the facility.
The requirements of this section may be met by the filing of
financial information required by the City manager which
demonstrates, to the satisfaction of City manager, the
ability to self-insure. Such financial responsibility must
be continuously maintained as long as any hazardous material
is stored in the facility or until adequate insurance is
obtained. The permittee shall update the financial
information within ninety (90) days after any substantial
change in any of the information previously provided, if
such change decreases or could be intepreted as decreasing
the financial responsibility approved under subsection (b)
above.
Any determination by the City manager may be appealed in
accordance with the provisions of section 7-503 et seq.
ARTICLE 7. INSPECTIONS AND RECORDS
Sec. 7-470 . Inspections by city.
The City Manager or his designee may conduct inspections, at
its discretion, for the purpose of ascertaining compliance
with this chapter and causing to be corrected any conditions
which would constitute any violation of this chapter or of
any other statute, code, rule or regulation affecting the
storage of hazardous materials.
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(a)
Right of entry.
Whenever necessary for the purpose of investigating or
enforcing the provisions of this chapter, or whenever any
enforcement officer has reasonable cause to believe that
there exists in any structure or upon any premises, any
condition which constitutes a violation of this chapter,
said officers may enter such structure or premises at all
reasonable times to inspect the same, or to perform any duty
imposed upon any of said respective officers by law;
provided that if such structure or premises be occupied, the
officer shall first present proper credentials and request
entry, and further provided, that if such structure or
premises is unoccupied, the officer shall first make a
reasonable attempt to contact a responsible person from such
firm or corporation and request entry, except in emergency
circumstances. If such entry is refused, the officer
seeking entry shall have recourse to every remedy provided
by law to secure entry.
(b) Inspections by city - discretionary.
All inspections specified herein shall be at the discretion
of the city and nothing in this chapter shall be construed
as requiring the city to conduct any such inspection nor
shall any actual inspection made imply a duty to conduct any
other inspection. Furthermore, nothing in this chapter
shall be construed to hold the city or any officer, employee
or representative of the city responsible for any damage to
persons or property by reason of making an inadequate or
negligent inspection or by reason of any failure to make an
inspection or reinspection.
Sec. 7-471 · Inspections by permittee.
The permittee is required by city to conduct various
self-monitoring inspections of its own facilities and to maintain
logs or file reports in accordance with its hazardous materials
management plan. The inspector conducting such self-monitoring
inspections shall be qualified to conduct such inspections.
Sec. 7-472 . Special inspections.
In addition to the inspections specified above, city may require
the periodic employment of special inspectors to conduct an audit
or assessment of permittee's facility to make a hazardous
material safety evaluation and to determine compliance with the
provisions of this chapter and other statutes, codes, rules or
regulations affecting the storage of hazardous materials.
(a) The special inspector shall be a qualified person or firm
who shall demonstrate his/her expertise to the satisfaction
I O~ ~he cityI~
(b)
The special inspection report shall include an evaluation of
the facilities and recommendations consistent with the
provisons of this chapter where appropriate. A copy of the
report shall be filed with city at the same time that it is
submitted to permittee.
(c)
Permittee shall, within thirty (30) days of said report,
file with city a plan to implement all recommendations, or
shall demonstrate to the satisfaction of city why such
recommendations shall not be implemented.
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Sec. 7-473 · Substitute inspections.
An inspection by an employee of any other public agency may be
deemed by the city as a substitute for any requirement above.
Sec. 7-474 . Maintenance of records.
All records required by this chapter shall be maintained by the
permittee for a period not less than three (3) years. Said
records shall be made available to city during normal working
hours and upon reasonable notice.
ARTICLE 8. APPLICATION FOR PERMIT
Sec. 7-480 · Permit.
(a)
Any person, firm, or corporation which stores any hazardous
material shall obtain and keep current a hazardous material
storage permit issued pursuant to this chapter. One such
permit shall be issued for a single facility. Additional
approvals shall be obtained for any storage facility
thereafter connected, installed, constructed, repaired as
required by section 7-425 , substantially modi±ied,
replaced, closed, or removed, or for any change or addition
in hazardous materials stored, not in accordance with the
prior approval.
(b)
Permits required by the Uniform Fire Code shall be issued
separately and the fee collected shall be separate.
Sec. 7-481 . Application for permit.
Application for a new, amended, or renewed permit or an
additional approval shall be made tO the City M~nageron the form
provided by City . In addition to the information
required by such form, applicant shall submit the hazardous
materials management plan required by section 7-430 , the State
Water Resources Control Board form required bv section 7-545 ~
and construction plans, if any, in conformity with
section 7-420 · Applicant shall specify the permit quantity
limit requested to be permitted for each storage facility.
Sec. 7-482 . Investigation.
It shall be the duty of the City Mana~rto make such investigation
of the applicant and the proposed facility or activity as the
City' deems necessary to carry out the purposes of this chapter.
Sec. 7-483 . Approval of permit.
A permit shall not be approved until the City Managers satisfied
that the storage approved adequately conforms to all provisions
of this chapter. Such conformance can be based on substitutions
for specific requirements (except those requirements relating to
ur[derground stoLraqe) if such substitutes are-found to provide,at
least equivalent health and safety protection.
Sec. 7-484 · Temporary permit.
I' the City Manage~ inds that the proposal does not completely
c~nform to the provisions of this chapter, the City ~ay approve
a temporary permit, subject to conditions to be imposed by the
City , when such a temporary permit is feasible and does not
appear to be detrimental to the public interest. Notwithstandin~
the above, a temporary permit for underground storaqe facilities
sh"'ill conform to the express provisions of Article 3 of this
chapter at all times. The applicant must be informed in writing
-29-
of the actions necessary to enable the issuance of a full-term
permit.
Sec. 7-485 . Issuance of permits.
(a) Issuance.
Upon the approval of a temporary or full-term permit by the
City and upon the payment of any applicable fee, the City
shall issue and deliver the permit to the applicant. Such
permit shall~contain the following information:
(1)
The name and address of the permittee for purposes of
notice and service of process;
(2)
The address of the facility for which the permit is
issued;
(3)
Authorization of the storage facility(s) approved under
the permit, the permit quantity limit(s) and the
approved hazard class or classes for the storage
facility(s);
(4) The date the permit is effective;
(5) The date of expiration;
(6)
When applicable, a designation that the permit is
temporary;
-(7) Any special conditions of the permit.
(b) Referral to city council.
The City Managermay refer an application to the city council
for a public hearing if he determines that the' quantity
and/or character of the materials being handled or stored
are of such a nature requiring public input.
Upon concluding its evaluation of an application for a
permit, the city council may either deny the application or
authorize the issuance of a permit with such conditions it
deems necessary. Such action shall be communicated to the
applicant in writing and, if favorable, shall be the basis
for subsequent issuance of the permit by the C.i~y Manager.
The city council shall authorize the issuance of a permit
only if it finds that:
(1)
The site is suitable and adequate for the proposed use
of hazardous materials;
(2) The proposed use of hazardous materials would not have
a substantial adverse effect on public facilities or
services;
(3) The proposed use of hazardous materials would not have
a substantial adverse economic effect on nearby uses;
(4)
The proposed use would not have a substantial adverse
impact on the general welfare of persons residing in
the community; and
(5)
The use of hazardous materials is compatible with
existing and proposed development within the district
and its surroundings.
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(C) Notice of public hearing.
In the case of any public hearing called in accordance with
the provisions of the preceding section, notice of the time
and place of the hearing shall be given by at least one
publication in a newspaper of general circulation in the
city and by mail or delivery to all persons~ businesses,
corporations, or other public or private entities, owning
real property within three hundred feet of the property
which is the subject of the proposed permit~ at least ten
days prior to the public hearing. The names and addresses
of such persons, businesses, corporations or entities as
shown on the current tax roll records of the County Assessor
ofContra Costa Co.shall be used for giving notice pursuant
to this section. In the event that the proposed hazardous
materials storage permit has been requested by a person
other than the property owner as such property owner is
shown on the last equalized assessment roll~ mailed notice
shall also be given to the owner of the property as shown on
the last equalized assessment roll.
In the event that the number of owners to whom notice would
be sent pursuant to subsection (a) is greater than one
thousand, as an alternative to the notice required by
subsection (a), notice may be provided pursuant to this
subsection. Such notice shall be given at least ten days
prior to the hearing by either of the following procedures:
(1)
By placing a display advertisement of at least
one-fourth page in the newspaper having the greatest
circulation within the area affected by the proposed
amendment and in at least one additional newspaper
having general circulation within such area, if such
additional newspaper is available; or
(2)
By placing an insert with any generalized mailing sent
by any public agency to property owners in the area
affected by the proposed permit, such as billings for
services of such agency.
(d) Issuance of conditional permit.
Subsequent to the City's review substantiating
evidence that all conditions required to be fulfilled prior
to the issuance of the permit have been satisfied, the City
~nag~r or his designee shall issue the necessary permit as
set forth in section 7-485 (a).
(e) Records.
The City shall keep a record of all permits
issued and all conditions attached thereto.
Sec. 7-486
(a)
. Additional approvals.
When a request for an additional approval is filed as
required by section ~-480 , the procedures set forth in
this chapter for an application for a permit shall also
apply to an application for an additional approval. Each
additional approval shall be accompanied by an appropriate
amendment to the H~P.
(b)
If the additional approval request is for closure of a
storage facility, permittee shall apply for approval to
close such storage facility thirty (30) days prior to the
termination of the storage of hazardous materials at the
storage facility. Such closure shall be in accordance with
t~e £acility closure plan which meets the requirements of
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section 7-441 (b)(9), unless an alteration or change in the
facility closure plan is necessary, in which case the
application for closure shall contain such change(s) or
alteration(s). This thirty (30) day period may be waived by
city if there are special circumstances requiring such
waiver.
Sec. 7-487 . Term.
A permit may be issued for a term of one (1) year, as specified
in this chapter, excepting temporary permits which may be issued
for any period of time up to six (6) months.
Sec. 7-488 . Renewal.
Every applications'for the renewal of a permit or extension of a
temporary permit shall be made at least thirty (30) days prior to
the expiration date of such permit. If a timely application for
renewal has been submitted, the permit shall remain in effect
until the City has made its determination pursuant to
Section 7-489 and any appeal pursuant to Article 9 has been
exhausted. .
Sec. 7-489 . Determination.
City Manager shall make a determination with regard to any
application for a permit, an additional approval, or a renewal,
within ninety (90) days from the date that the application has
been completed or the environmental clearance has been completed
in accordance with the California Environmental Quality Act
(CEQA), whichever occurs later. This time limit may be further
extended by mutual agreement between City and applicant.
Sec. 7-490 . Fees.
City shall establish fees sufficient to recover its costs in
administering this chapter and the hazardous material response
team and no application shall be accepted unless and until the
fees have been paid.
(a) Delinquent fees.
All permit fees delinquent for thirty (30) or more shall be
subject to an additional charge to be determined by city
which shall be added to the amount of the fee collected.
(b) Refund of fees.
No refund or rebate of a permit fee shall be allowed by
reason of the fact that the permit is denied or the
permittee discontiDues the activity or use of a facility
prior to the expiration of the term or that the permit is
suspended or revoked prior to the expiration of the term.
Sec. 7"-491 · Transfer of permit.
The permit may be transferred to new owners of a storaqe facilitv
only if the new owners accept responsibility for all obligations
under this chapter at the time of the transfer of such
f~.Cilities. and document such transfer on a form provided by city
within thirty (30) days of transfer of ownership of such
facilities. Such permit transfer shall be subject. to the
approval of the City Manager.
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Sec. 7-492 . Effective date of permit.
No permit shall b~come effective until the documentation required
by 7-463 has been received and until it has been signed and
accepted by the permittee. Where the permittee is a company,
firm or corporation, the acceptance must be signed by a person
having the legal authority to bind the permittee.
ARTICLE 9. DENIAL
Sec.7-500 . Denial of application.
If theCity Manager has cause to deny the application and
determines that it would not be feasible or in the public
interest to approve a temporary permit, then the officer shall
deny the application.
Sec.7-501
Grounds for denial.
A permit shall be denied if the applicant fails to demonstrate
adequate conformity to all provisions of this chapter. In
addition, a permit can be denied for any of the grounds upon
which the permit would be subject to revocation pursuant to
Article 10.
Sec. 7-502 . Transmittal of decision.
The decision to deny the application shall be given to the
applicant in writing, setting forth the findings upon which the
decision is based.
Sec. 7-503 . Appeal to city council.
Within thirty (30) days from the date of deposit of the decision
in the mail in accordance with section 7-521 , 'the applicant
may appeal in writing to the city council, setting forth with
particularity the ground or grounds for the appeal.
Sec. 7~504 . Hearing on appeal.
The city council shall set a time and place for the hearing on
the appeal and shall notify the applicant in writing of such date
and time, not later than thirty (30) working days from the date
the appeal was received by the city council. The hearing shall
be conducted within forty-five (45) days from the date the appeal
was received by the city council.
Sec. 7-505 . Disposition of appeal.
After the hearing on the appeal, the city council may refer the
matter back to the originating officer for a new investigation
and decision, may affirm the decision of the originating officer,
may approve a temporary permit as provided in section Ve43Q~ or
may approve the application with or without conditions. The
decision of the city council shall be t}~e final administrative
determination and is subject to judicial review.
AR~'ICLE 10. REMEDIAL ACTION
Sec. 7-510 3k~!. Grounds for remedial action.
A permit may be subjected to remedial action for any of the
following causes arising from the acts or omissions of the
permittee either before or after a permit is issued:
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(a)
Fraud, willful misrepresentation, or any willful inaccurate
or false statement in applying for a new or renewed permit;
(b)
Fraud, willful misrepresentation, or any willful inaccurate
or false statement in any report required by this chapter;
(c)
Failure to abate, correct or rectify any noncompliance
within the time specified in the notice of noncompliance;
(d)
Failure to correct conditions constituting an unreasonable
risk of an unauthorized discharge of hazardous materials
within a reasonable time after notice from a.governmental
entity;
(e) Failure to abide by the remedial action imposed by the city.
Sec. 7-511 0 Notice of noncompliance.
Unless the city manager finds that an immediate suspension under
section 7-513 is necessary to protect the public health or
safety from imminent danger, the officer shall issue a notice of
noncompliance for'failure to comply with the provisions of this
chapter, any permit conditions or any provisions of the hazardous
materials management plan prior to taking remedial action on the
grounds of section 7-510 (c). 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.
Sec. 7-512 . Notice of hearing.
A notice of hearing shall be given to the permittee by the city
manager, in writing, setting forth the time and place of the
hearing, the ground or grounds upon which the remedial action is
based, the pertinent code section or sections, and a brief
statement of the factual matters in support thereof. The notice
shall be given at least fifteen (15) days prior to the hearing
date.
Sec. 7-513 . Suspension prior to hearing.
Whenever the city manager finds that suspension of a permit prior
to a hearing for remedial action is necessary to protect, the
public health or safety from imminent danger, the city manager
may immediately suspend any permit pending the hearing for
remedial action. The city manager shall immediately notify the
permittee of such suspension by having a written notice of the
suspension personally served on the permittee. Permittee shall
have the opportunity for a preliminary hearing with regard to
such prehearing suspension within three (3) working days of
receiving written notice of such suspension.
Sec. 7-514 . Remedial action.
If the city manager, after the hearing, finds that cause exists
foK ~emedial acticn~ the city manager shall impose one or more of
the following:
(a) A warning;
(!' An order to correct the particular noncompliance specified
in the notice issued pursuant to section
Cc)
A revocation of the permit for the facility or for a storage
facility and approval of a temporary permit;
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(d)
Suspension of the permit for the facility or for a storage
facility for a specified period not to exceed six (6)
months;
(e) Modification or addition of conditions of the permit;
(f)
Revoation of the permit with no reapplication permitted for
a specified period not to exceed five (5) years.
If the grounds for remedial action are based on
section 7-510 (c), (d) or (e) and if such grounds are limited
to one storage facility, the remedial action taken shall be
limited to that storage facility.
Sec. 7-515 . Transmittal of decision.
~ithin ten (10) days of the hearing the city manager shall render
a written opinion, stating the findings upon which the decision
is based and the action taken, if any. ~'he decision of the city
manager shall be the final administrative determination and is
subject to judicial review.
Sec. 7-516
Authority after suspension, revocation or
expiration.
The suspension, revocation or expiration of a permit issued under
this chapter shall not prevent any proceedings to investigate
such permit, any remedial action against such permittee or any
proceeding against such permittee.
Sec. 7-517 · Return of permit.
In the event that a permit issued under the provisions of this
chapter is suspended or revoked, the permittee shall forward it
to the issuing officer not later than the end of the third
business day after notification of such suspension or revocation.
ARI'ICLE 11. HEARING PROCEDURE
Sec. 7-520
Hearing rules.
In any hearing under this chapter, all parties involved shall
have the right to offer testimonial, documentary, and tangible
evidence bearing on the issues, to be represented by counsel, and
to confront and cross-examine any witnesses against them. Any
hearing under this chapter may be continued by the! person
conducting the hearing for a reasonable time for the convenience
of a party or a witness.
Sec. 7-521
Hearing notices.
All~notices required by this part shall be sent by certified
mail, postage prepaid, to the applicant or permittee at the
address given for purposes of notice on the application or permit
or delivered to the permittee personally.
ARTICLE 12.
Sec. 7-530
Criminal penalties.
A~y person who shall violate any of the provisions of this
chapter or fail to comply therewith, or who shall violate or fail
to comply with any order made thereunder, shall severall'y for
each and every violation and noncompliance respectively, be
guilty of an infraction, punishable in accordance with the
provisions of the Danv.illeMunicipal Code. The imposition of one
penalty for any violation shall not excuse the violation or
permit it to continue; and all such persons shall be required to
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correct or remedy such violations or defects within a reasonable
time; and when not otherwise specified, each day that prohibited
conditions are maintained shall constitute a separate offense.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
Sec. 7-531 . Civil penalties.
Any person, firm, or corporation who intentionally or negligently
violates any provision of this chapter, except that an
unauthorized discharge which is recordable and recorded in
compliance with section 7-460 , shall not be a violation of this
chapter for purposes of this section, or fails to comply with any
order issued thereunder, shall be liable for a civil penalty not
to exceed five hundred dollars per day for each violation which
shall be assessed and recovered in a civil action brought in the
name of the people by the city attorney. In determining the
penalty, the court shall consider all relevant circumstances,
including, but not limited to, the following:
(a)
The extent of harm or potential harm caused by the
violation;
(b) The nature and persistance of the violation;.
(c) ~'he length of time over which the violation occurred;
(d) The frequency of past violations;
(e) The permittee's record of maintenance;
(f) Corrective action, if any, taken by the permittee.
In any civil action brought pursuant hereto, in which the City
prevails, the court shall determine and impose reasonable
expenses incurred by the city in the investigation and
prosecution of the action.
Sec. 7-532 . Remedies not exclusive.
Remedies under this chapter are in addition to and do not
supersede or limit any and all other remedies, civil or criminal.
ARTICLE 13. MISCELLANEOUS
Sec. 7-540 . Disclaimer of liability.
The degree of protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. The standards set forth herein are
minimal standards and this chapter does not imply that compliance
will ensure that there will be no unauthorized discharge of
hazardous material. This chapter shall not create liability on
the part of the city, any officer or employee thereof for any
damages that result froF! reliance on this cha~ter or any
administrative decision lawfully made there~dn~r'.!!' All pe~-s~ns-
handling, storing, using, processing, and disposing of hazardous
materials within the city should be and are advised to determine
t'~ their own satisfaction the level of protection in addition to
'-hat required by this chapter necessary or desirable to ensure
that there is no unauthorizing discharge of hazardous materials.
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Sec. 7-541 . Guidelines.
Guidelines approved by the city manager shall be maintained in
the office of the city clerk. Such guidelines, in the areas
addressed therein, shall serve as an advisory interpretation of
this chapter.
Sec. 7-542 . Duties are discretionary.
Subject tO the limitations of due process, notwithstanding any
other provision of this code, other than section 7-453 (c),
whenever the words "shall" or "must" are used in .establishing a
responsibility or duty of the city, its elected or appointed
officers, employees, or agents, it is the legislative intent that
such words establish a discretionary responsibility or duty
requiring the exercise of judgment and discretion.
Sec. 7-543 . Conflict with other laws.
Notwithstanding any other provisions of this chapter:
(a)
A storage facility regulated by any state or federal agency
will be exempted from any conflicting provision of this
chapter.
(b)
If the storage facility is required to have a permit from
the Department of Health Services under health and Safety
Code Section 25100 et seq., it shall be exempted from any
provision of this chapter which is covered by the
regulations adopted under the above cited statute.
(c) Whenever any provision of this chapter conflicts with the
fire code as adopted by city, or San Ramon Valley Fire
District, the stricter shall prevail.
Sec. 7-544 . Severability.
If any section, subsection, sentence, clause, or 2phrase of this
chapter is for any reason held to be invalid or unconstitutional
by a decision of any court of competent jurisdiction, such
deeision shall not affect the validity of the remaining portions
of the chapter. The city council hereby declares that it would
have passed this chapter and each and every section, subsection,
sentence, clause, or phrase not declared invalid .or
unconstitutional without regard to whether any portion of the
chapter would be subsequently declared invalid or
unconstitutional.
Sec. 7-545
Report to the State Water Resources Control
Board.
The city will require its permit applicants and permittees to
fill out, in addition to forms required for city's own purposes
under this chapter, standardized forms based on the application
form and annual report form prepared by the State Water Resources
Control Board as specified by California Health and Safety Code
Section 2528.3..~, and city will forward these forms to the State
~ater Resources C~ntr'O1 Board'. ..................
MOwever, where any of the information required on such
~tandardized forms is claimed by the permit applicant or
~i.rmittee to be. a trade secret, the permit applicant or permittee
shall leave that portion of the form submitted to city blank,
except to indicate the words "trade secret," and the permit
a~plicant or Dermittee shall thereafter, within ten (10) days of
submitting the incomplete ~orm to city, submit the completed form
including the trade secret information directly to the State
W~ter Resources Control Board. City shall have no obligation to
prote~t as a trade secret, any information which is furnished to
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it for forwarding to the State Water Resources Control Board
on these standardized forms.
ARTICLE 14. COMPLIANCE SCHEDULE
Sec. 7-550. Effective date.
The effective date of this chapter is
Sec. 7-551. Time table for initial compliance.
(a)
New storage facilities:
(1) As of January 1, 1984, a hazardous materials storage
permit for a facility must be obtained prior to the
installation or use of any new storage facility unless
a building permit for such new storage facility was
issued prior to such date.
(2) The hazardous material management plan must be filed at
the time of application for a hazardous material
storage permit.
(b) Existing Storage Facilities:
(1) A facility which has an existing hazardous materials
storage facility or had obtained a building permit for
such a storage facility prior to January 1, 1984, and
to which no new storage facility is added shall have
one (1) year from. January 1, 1984, to file a completed
application for a hazardous materials storage permit,
including a monitoring plan in accordance with
section 7-422. The time limitation for de'termination
specified in section 7-489 shall not apply, but after
submitting an application the applicant shall be
deemed to have a temporary permit of indefinite term,
until c~ty makes such determination.
(2) Notwithstanding the above, a hazardous material
inventory statement, if applicable, must be filed
within ninety (90) days of the effective date of this
chapter.
Section 2: Urgency
This ordinance is an urgency ordinance for the immediate
preservation of the public health, safety and welfare. The facts
constituting the urgency are that state law provides that unless
a City adopts hazardous waste regulations by January 1, 1984,
State law preempts the right of the City to act in this area.
The City Council has determined that it is in the interests of
public health and safety to adopt the regulations provided in
this ordinance because by so acting the City is able to regulate.
more broadly and more stringently than is provided by State Law.
This ordinance takes effect immediately.
Section 3:
This ordinance or summary thereof shall be published
once in the Valley Pioneer or Contra Costa Times newspapers of
general circulated in the City of Danville, within fifteen (15)
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days from and after its adoption.
The foregoing ordinance was duly adopted before the
City Council of the City of Danville, County of Contra Costa
at the meeting of the City Council of such City, held on the
15 day of December .
AYES:
NOES: None
ABSTAINED: None
ABSENT: None
Lane, May, Mc Neely, Offenhartz, Schlendorf
ATTEST:
APPROVED AS TO FORM:
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