Ordinance No. 944
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ORDINANCE NO. 944
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF VERNON AMENDING THE CODE OF THE CITY OF
VERNON, CALIFORNIA 1959 BY ADDING AN ARTICLE
III, SECTIONS 13.27 THROUGH 13.47 TO CHAPTER
13 PROVIDING FOR THE ESTABLISHMENT OF
REGULATIONS GOVERNING THE UNDERGROUND STORAGE
OF HAZARDOUS SUBSTANCES AND ACCEPTING EXCLUSIVE
JURISDICTION PURSUANT TO SECTION 25150.1 AND
CHAPTER 6.7 (COMMENCING WITH SECTION 25280)
OF DIVISION 20 OF THE HEALTH AND SAFETY CODE
AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH
WHEREAS, Section 25282 of the Health and Safety Code
of the State of California provides that a city may, by
ordinance, assume responsibility for the implementation of
Chapter 6.7 (commencing with Section 25280) of Division 20 of
the Health and Safety Code respecting underground storage of
hazardous substances; and
WHEREAS, the City Council of the City of Vernon finds
and determines that substances hazardous to the public health
and safety, and to the environment, are stored prior to use or
disposal in underground locations in the City; and
WHEREAS, the City Council of the City of Vernon finds
and determines that underground tanks used for the storage of
hazardous substances and wastes are potential sources of
contamination of the ground and underlying aquifers, and may
pose other dangers to the public health and the environment; and
WHEREAS, the City Council of the City of Vernon finds
and determines that in several known cases, underground storage
has resulted in undetected and uncontrolled releases of hazardous
substances into the ground. These releases have contaminated
public drinking water supplies and created a potential threat to
1 the public health and to the waters of the state; and
2 WHEREAS, the City Council of the City of Vernon finds
3 and determines that it is in the public interest to establish
4 a continuing program for the purpose of preventing contamination
5 from, and improper storage of, hazardous substances stored
6 underground; and
7 WHEREAS, in accordance with Sections 36934 and 36937(b)
8 of the Government Code of the State of California there is an
9 urgency in adopting this Ordinance for the immediate preservation
10 of the public peace, health, safety, comfort, convenience and
11 general welfare of the City of Vernon and its inhabitants; and
12 WHEREAS, the City Council of the City of Vernon desires
13 to add Article III to Chapter 13, Sections 13.27 through 13.47
14 to establish orderly procedures that will ensure that newly
15 constructed underground storage tanks meet appropriate standards
16 and that existing tanks be properly maintained, inspected, and
17 tested so that the health, property, and resources of the people
18 of the City of Vernon and the State will be protected.
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
20 THE CITY OF VERNON AS FOLLOWS:
21 SECTION 1: That the City Council of the City of Vernon
22 hereby finds and determines that the recitals contained herein-
23 above are true and correct.
24 SECTION 2: The City Council of the Citv of Vernon
25 hereby declares that there exists an urgency in adopting this
26 Ordinance and finds and determines that underground tanks used
27 for the storage of hazardous substances and wastes are potential
28 sources of contamination of the ground and underlying aquifers
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1 requiring the establishment of regulations governing the
2 underground storage of hazardous substances, and therefore this
3 Ordinance shall be effective immediately upon the approval of
4 a four-fifths majority of the City Council of the City of Vernon
5 and thenceforth the same shall be in full force and effect.
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SECTION 3: That the following Article III is hereby
7 added to Chapter 13, commencing with Section 13.27 and ending
8 with Section 13.47 to read as follows:
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Article III. Underground Storage of Hazardous
Substances
Sec. 13.27. Definitions.
For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed
to them by this section:
(a) "Board" means the State Water Resources
Control Board.
(b) "Department" means the State Department of
Health Services.
(c) "Facility" means anyone, or combination of,
underground storage tanks used by a single business entity at
a single location or site.
(d) "Hazardous substance" means all of the
following liquid and solid substances and shall include a mixture
if it either is a waste and contains any material regulated by
this Ordinance or is a nonwaste and contains one percent (1%)
by volume or more of any material regulated by this Ordinance:
(1) Substances on the list prepared by the
Director of the Department of Industrial Relations pursuant to
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Section 6382 of the State Labor Code.
(2) Hazardous substances, as defined in
Section 25316 of the State Health and Safety Code.
(3) Any substances or material which is
classified by the National Fire Protection Association (NFPA)
as a flammable liquid, a class II combustible liquid, or a class
III-A combustible liquid.
(4) Any substance listed as hazardous or
extremely hazardous in Sections 66680 and 66685 of Title 22 of
the California Administrative Code, as amended.
(e) "Local agency" means the Health and
Environmental Control Section of the City of Vernon.
(f) "Person" means an individual, trust, firm,
joint stock company, corporation, including a government
corporation, partnership and association. "Person" also includes
any city, county, district, the state or any department or
agency thereof.
(g) "Primary containment" means the first level
of containment, such as the portion of a tank which comes into
immediate contact on its inner surface with the hazardous
substance being contained.
(h) "Product-tight" means impervious to the
substance which is contained, or is to be contained, so as to
prevent the seepage of the substance from the primary con-
tainment. To be product-tight, the tank shall not be subject to
physical or chemical deterioration by the substance which it
contains over the useful life of the tank.
(i) "Secondary containment" means the level of
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containment external to, and separate from, the primary
containment.
(j) "Single-walled" means construction with
walls made of only one thickness of material. For the purpose
of this Ordinance, laminated, coated, or clad materials shall be
considered single-walled.
(k) "Storage" or "store" means the containment,
handling or treatment of hazardous substances, either on a
temporary basis or for a period of years.
(1) "Unauthorized release" means any release or
emission of any hazardous substance which does not conform to
the provisions of this Ordinance.
(m) "Underground storage tank" means anyone or
combination of tanks, including pipes connected thereto, which
is used for the storage of hazardous substances and which is
substantially or totally beneath the surface of the ground.
(n) "Special inspectors" means a professional
engineer, registered pursuant to Chapter 7 (commencing with
Section 6700) of Division 3 of the Business and Professions Code,
who is qualified to attest, at a minimum, to structural
soundness, seismic safety, the compatibility of construction
materials with contents, cathodic protection, and the mechanical
compatibility of the structural elements.
(0) "Owner" means the owner of an underground
tank.
(p) "Operator" means the operator of an under-
ground storage tank.
(q) "Pipe" means any pipeline or system of
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1 pipelines which is used in connection with the storage of
2 hazardous substances and which are not intended to transport
3 hazardous substances in interstate or intrastate commerce or to
4 transfer hazardous materials in bulk to or from a marine vessel.
5 Sec. 13.28. Requirements.
6 All requirements in this Ordinance apply to the
7 construction, operation, maintenance, monitoring, and testing
8 of underground storage tanks, as defined in subdivision (m) of
9 Section 13.27, which are required to obtain hazardous waste
10 facilities permits from the Department.
It Sec. 13.29. Master List of Hazardous Substances.
12 The local agency shall compile a comprehensive master
13 list of hazardous substances. The master list shall be made
14 available to the public. The local agency and the owners or
15 operators of underground storage tanks shall use the master
16 list to determine which underground storage tanks require
17 permits pursuant to this Ordinance. Hazardous substances
18 included on the list may be denominated by scientific, common,
19 trade, or brand names. The local agency may revise, when
20 appropriate, the master list of hazardous substances.
21 Sec. 13.30. Assumption of Responsibility.
22 The City of Vernon hereby assumes responsibility for
23 the implementation of this Ordinance and, shall have exclusive
24 jurisdiction within the boundary of the City for the purposes
25 of carrying out this Ordinance. The City shall provide notice
26 of its program to the County of Los Angeles, the Board, the
27 Department and the state Office of Emergency Services. The City
28 Council of the City of Vernon hereby designates the local agency
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to be responsible for administering and enforcing the provisions
of this Ordinance.
Sec. l3.3l. Permit Requirements.
(a) Except as provided in subdivision (b), no person
shall own or operate an underground storage tank unless a permit
for its operation has been issued by the local agency to the
owner. The local agency shall prepare a form which provides for
the acceptance of the obligations of a transferred permit by any
person who is to assume the ownership of an underground storage
tank from the previous owner and is to be transferred the permit
to operate the tank. That person shall complete the form to
the local agency within thirty (30) days after the ownership
of the underground storage tank is to be transferred. The local
agency may review and modify, or terminate, the transfer of
the permit to operate the underground storage tank, pursuant
to the criteria specified in subdivision(b) of Section 13.39
upon receiving the completed form.
(b) Any person assuming ownership of an underground
storage tank used for the storage of hazardous substances for
which a valid operating permit has been issued shall have thirty
(30) days after the date of assumption of ownership to apply for
an operating permit pursuant to Section 13.33 or, if accepting
a transferred permit, shall submit to the local agency the
completed form accepting the obligations of the transferred
permit, as specified in subdivision (a). During the period
from the date of application until the permit is issued or
refused, the person shall not be held to be in violation of this
section.
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1 (c) When, in its judgment, it is appropriate to do so,
2 the local agency may issue a single permit to a person for a
3 facility.
4 Sec. 13.32. Term of Permit
5 A permit to operate issued by the local agency pursuant
6 to Section 13.31 shall be effective for five (5) years. The
7 local agency shall not issue or renew a permit to operate an
8 underground storage tank if the local agency inspects the tank
9 and determines that the tank is unsafe.
10 Sec. 13.33. Requirements For Permit Application.
11 (a) An application for a permit to operate an
12 underground storage tank, or for renewal of the permit, shall
13 be made, by the owner, on a standardized form provided by the
14 local agency and shall be accompanied by the appropriate fee,
15 as specified in Section 13.34. The local agency shall provide
16 the Board with a copy of the completed application.
17 (b) The application form shall include, but not be
18 limited to, requests for the following information:
19 (1) A description of the construction of the
20 underground storage tank or tanks.
21 (2) A list of all the hazardous substances which
22 are or will be stored in the underground storage tank or tanks,
23 specifying the hazardous substances for each underground storage
24 tank.
25 (3) A description of the monitoring program for
26 the underground storage tank or tanks.
27 (4) The name and address of the person, firm,
28 or corporation which owns the underground storage tank or tanks
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and, if different, the name and address of the person who
operates the underground storage tank or tanks.
(5) The address of the facility at which the
underground storage tank or tanks are located.
(6) The name of the person making the application.
(7) The name and 24-hour phone number of the
contact person in the event of an emergency involving the
facility.
(8) If the owner or operator of the underground
storage tank is a public agency, the application shall include
the name of the supervisor of the division, section, or office
which operates the tank.
(c) As a condition of any permit to operate an
underground storage tank, the permittee shall complete an
annual report form, which will detail any changes in the usage
of any underground storage tanks, including the storage of new
hazardous substances, changes in monitoring procedure and
unauthorized release occurrences, as defined in Sections 13.41
and 13.42.
(d) If a permittee stores in an underground storage
tank or tanks a hazardous substance which is not listed in the
application, as required by paragraph (2) of subdivision (b),
the permittee shall apply for a new or amended permit within
thirty (30) days after commencing the storage of that hazardous
substance.
Sec. 13.34. Permit Fees.
(a) A fee shall be paid to the local agency by each
person who submits an application for a permit to operate an
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1 underground storage tank or to renew, transfer or amend a
2 permit. The City Council of the City of Vernon shall establish
3 the amount of the fees by resolution, at a level sufficient to
4 pay the necessary and reasonable costs incurred in administering
5 this Ordinance, including, but not limited to, permitting and
6 inspection responsibilities. The City Council may provide for
7 the waiver of fees when a public agency makes an application for
8 a permit to operate or an application to renew a permit.
9 (b) The initial permit may be renewed annually for
10 a period not to exceed five (5) years, upon payment of the
11 renewal fee. A new application shall be submitted for each
12 succeeding five (5) year period.
13 (c) A temporary permit may be issued by the local
14 agency to an applicant whose hazardous material storage facility
15 does not conform to the requirements of this Ordinance on the
16 effective date. The temporary permit shall allow up to one (1)
17 year for the applicant to comply with the requirements of this
18 Ordinance. A temporary permit shall not be issued to a facility
19 where unsafe storage of hazardous substances exists as
20 determined by the local agency.
21 (d) There shall be added to and collected with the
22 permit or other fee a penalty equal to ten percent (10%) of the
23 fee for all fees that are delinquent for thirty (30) days. For
24 each additional month or fraction thereof in which the
25 delinquency continues an additional ten percent (10%) penalty
26 shall be collected. In no event shall the total penalty exceed
27 sixty percent (60%) of the permit fee.
28 (e) No refund or rebate of a permit fee shall be
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I allowed by reason of the fact that the permit is denied or the
2 permittee discontinues the activity or use of a tank or
3 facility prior to the expiration of the term or that the permit
4 is suspended or revoked prior to the expiration of the term.
5 Sec. 13.35. Inspection of Underground Storage Tanks.
6 (a) The local agency shall inspect every underground
7 storage tank within its jurisdiction at least once every three
8 (3) years. The purpose of the inspection is to determine
9 whether the tank complies with the design and construction
10 standards of Section 13.38 or 13.39 whichever is applicable,
11 whether the operator has monitored and tested the tank as
12 required by the permit, and whether the tank is in a safe
13 operating condition. After an inspection, the local agency
14 shall prepare a compliance report detailing the inspection and
15 shall send a copy of this report to the permitho1der.
16 (b) In addition to, or instead of, the inspection
17 specified in subdivision (a), the local agency may require the
18 permitholder to employ, periodically, special inspectors to
19 conduct an audit or assessment of the permitho1der's facility
20 to determine whether the facility complies with the factors
21 specified in subdivision (a) and to prepare a special inspection
22 report with recommendations concerning the safe storage of
23 hazardous materials at the facility. The report shall contain
24 recommendations consistent with the provisions of this Ordinance,
25 where appropriate. A copy of the report shall be filed with the
26 local agency at the same time the inspector submits the report
27 to the permitholder. Within thirty (30) days after receiving
28 this report, the permitho1der shall file with the local agency
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1 a plan to implement all recommendations contained in the report
2 or shall demonstrate, to the satisfaction of the local agency,
3 why these recommendations should not be implemented.
4 Sec. 13.36. Authorized Representative Inspection.
5 In order to carry out the purpose of this Ordinance,
6 any duly authorized representative of the local agency has the
7 authority, with respect to any place where underground storage
8 tanks are located, or with respect to real property which is
9 within 2,000 feet of any place where the underground storage
10 tanks are located, to inspect, take samples, obtain records,
11 make investigations, take photographs, make studies and tests
12 as provided for in Sections 25185 and 25185.5 of the Health and
13 Safety Code.
14 Sec. 13.37. Trade Secrets
15 (a) "Trade secrets," as used in this Ordinance, may
16 include, but is not limited to, any formula, plan, pattern,
17 process, tool, mechanism, compound, procedure, production data,
18 or compilation of information which is not patented, which is
19 known only to certain individuals within a commercial concern
20 who are using it to fabricate, produce, or compound an article
21 of trade or a service having commercial value, and which gives
22 its user an opportunity to obtain a business advantage over
23 competitors who do not know or use it.
24 (b) The local agency may disclose trade secrets
25 received by the local agency pursuant to this Ordinance to
26 authorized representatives of other governmental agencies only
27 in connection with the local agency's responsibilities pursuant
28 to this Ordinance. The local agency shall establish procedures
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to ensure that these trade secrets are utilized only in
connection with these responsibilities and are not otherwise
disseminated without the consent of the person who provided the
information to the local agency.
(c) Any person providing information pursuant to
6 Section l3.33 shall, at the time of its submission, identify
7 all information which the person believes is a trade secret.
8 Any information or record not identified as a trade secret is
9 available to the public, unless exempted from disclosure by
10 other provisions of law.
Installation of Underground Storage Tanks
11 Sec. 13.38. After December 31, 1983 -- Requirements.
12 Every underground storage tank installed after
13 December 31, 1983, shall meet the following requirements:
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(a) Be designed and constructed to provide primary
and secondary levels of containment of the hazardous substances
stored in them in accordance with the following performance
standards:
(1) Primary containment shall be product-tight.
(2) Secondary containment shall be constructed
20 to prevent structural weakening as a result of contact with
21 any released hazardous substances, and also shall be capable of
22 storing, for the maximum anticipated period of time necessary
23 for the recovery of any released hazardous substance.
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(3) In the case of an installation with one
25 primary container, the secondary containment shall be large
26 enough to contain at least one hundred percent (100%) of the
27 volume of the primary tank.
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(4) In the case of multiple primary tanks, the
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1 secondary container shall be large enough to contain one hundred
2 fifty percent (150%) of the volume of the largest primary tank
3 placed in it, or ten percent (10%) of the aggregate internal
4 volume of all primary tanks, whichever is greater.
5 (5) If the facility is open to rainfall, then
6 the secondary containment must be able to additionally
7 accommodate the volume of a 24-hour rainfall as determined by
8 a 100-year storm history.
9 (6) Single-walled containers do not fulfill the
10 requirement of an underground storage tank providing both a
11 primary and a secondary containment.
12 (b) Be designed and constructed with a monitoring
13 system capable of detecting the entry of the hazardous material
14 stored in the primary containment into the secondary containment.
15 If water should intrude into the secondary containment, a means
16 of monitoring for water intrusion and for safely removing the
17 water shall also be provided.
18 (c) When required by the local agency, a means of
19 overfill protection for any primary tank, including an overfill
20 prevention device or an attention-getting higher level alarm or
21 both. Primary tank filling operations of underground storage
22 tanks containing motor vehicle fuels which are visually
23 monitored and controlled by a facility operator satisfy the
24 requirements of this paragraph.
25 (d) Different substances that in combination may cause
26 a fire or explosion, or the production of flammable, toxic, or
27 poisonous gas, or the deterioration of a primary or secondary
28 container, shall be separated in both the primary and secondary
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I containment so as to avoid potential intermixing.
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(e)
If water could enter into the secondary containmen
3 by precipitation or infiltration, the facility shall contain
4 a means of removing the water by the owner or operator. This
5 removal system. shall also provide for a means of analyzing the
6 removed water for hazardous substance contamination and a means
7 of disposing of the water, if so contaminated, at an authorized
8 disposal facility.
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Underground Storage Tanks Used For Storage
Sec. 13.39. of Hazardous Substances.
10 For every underground storage tank installed on or
II before December 31, 1983, and used for the storage of hazardous
12 substances the following actions shall be taken:
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(a) On or before January 1, 1985, the owner shall
14 outfit the facility with a monitoring system capable of
15 detecting unauthorized releases of any hazardous substances
16 stored in the facility, and thereafter, the operator shall
17 monitor each facility, based on materials stored and the type
18 of monitoring installed.
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(b) Provide a means for visual inspection of the tank,
20 wherever practical, for the purpose of the monitoring required
21 by subdivision (a). Alternative methods of monitoring the tank
22 on a monthly, or more frequent basis, may be required by the
23 local agency. The alternative monitoring methods include, but
24 are not limited to, the following methods:
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(1) Pressure testing, vacuum testing or hydrostatic
26 testing of the piping systems and underground storage tanks.
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(2) A groundwater monitoring well or wells which
28 are down gradient and adjacent to the underground storage tank,
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1 vapor analysis within a well where appropriate, and analysis
2 of soil borings at the time of initial installation of the well.
3 The local agency shall develop regulations specifying monitoring
4 alternatives. The local agency shall approve the location and
number of wells, the depths of wells and the sampling frequency,
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pursuant to these regulations.
Operators of Underground Storage
Sec. 13.40. Facilities - Duties.
The operator of the underground storage facility shall
monitor the facility using the method specified on the permit
10 for the facility. Records shall be kept in sufficient detail
11 to enable the local agency to determine that the operator has
12 undertaken all monitoring activities required by the permit to
13 operate.
14 If the operator is not the owner, the owner shall
15 provide a copy of the permit to the operator, enter into a
16 written contract with the operator which requires the operator
17 to monitor the tank as set forth in the permit, and provide the
18 operator with a copy of Section l3.45 or a summary of this
19 section, in the form which the local agency specifies by
20 regulation. The owner shall notify the local agency of any
21 change of operator.
22 Sec. 13.41. Unauthorized Releases Recorded -- Primary
Containment.
23 Any unauthorized release from the primary containment
24 which the operator is able to cleanup within eight (8) hours,
25 and which does not escape from the secondary containment, does
26 not increase the hazard of fire or explosion and does not cause
27 any deterioration of the secondary containment of the undergroun
28 storage tank, shall be recorded on the operator's monitoring
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1 reports.
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Unauthorized Releases Recorded
Secondary Containment.
Sec. 13.42.
(a) Any unauthorized release which escapes from
4 the secondary containment, increases the hazard of fire or
5 explosion, or causes any deterioration of the secondary
6 containment of the underground tank shall be reported by the
7 operator to the local agency within 24 hours after the release
8 has been detected or should have been detected. A full written
9 report shall be transmitted by the owner or operator of the
10 underground storage tanks within five (5) working days of the
11 occurrence of the release.
12 The local agency shall review the permit whenever
13 there has been an unauthorized release or when it determines
14 that the underground storage tank is unsafe. In determining
15 whether to modify or terminate the permit, the local agency
16 shall consider the age of the tank, the methods of containment,
17 the methods of monitoring, the feasibility of any required
18 repairs, the concentration of the hazardous substances stored
19 in the tank, the severity of potential unauthorized releases,
20 and the suitability of any other long-term preventive measures
21 which would meet the requirements of this Ordinance.
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(b) The local agency shall transmit to the California
23 Office of Emergency Services all reports required by this
24 section within ten (10) working days from the time the local
25 agency is notified of the unauthorized release.
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Sec. 13.43.
Storage of Motor Vehicle Fuels.
27 The storage of motor vehicle fuels in underground tanks
28 shall be subject to the same requirements of this Ordinance as is
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1 any other hazardous substance stored in underground tanks
2 within the City of Vernon, notwithstanding the provisions of
3 Chapter 6.7, Division 20 of the Health and Safety Code, relating
4 to hazardous substances.
Abandonment, Closure or Tempora.ry
5 Sec. 13.44. Closure of Underground Storage Tanks.
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(a) No person shall abandon an underground storage
7 tank or close or temporarily cease operating an underground
8 storage tank, except as provided in this section.
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(b) An underground storage tank which is temporarily
10 taken out of service, but which the operator intends to return
11 to use, shall continue to be subject to all the permit,
12 inspection and monitoring requirements of this Ordinance, unless
13 the operator complies with the provisions of subdivision (c)
14 for the period of time the underground tank is not in use.
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(c) No person shall close an underground storage
16 tank unless the person undertakes all of the following actions:
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(1) Demonstrates to the local agency that all
18 residual amounts of the hazardous substance or hazardous
19 substances which were stored in the tank prior to its closure
20 have been removed, properly disposed of, and neutralized.
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(2) Adequately seals the tank to minimize any
22 threat to the public safety and the possibility of water
23 intrusion into, or runoff from, the tank.
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(3) Provides for, and carries out, the
25 maintenance of the tank as the local agency determines is
26 necessary, for the period of time the local agency requires.
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(4) Demonstrates to the local agency that there
28 has been no significant soil contamination resulting from a
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discharge in the area surrounding the underground storage tank
or facility.
Sec. 13.45. Civil and Criminal Penalties.
(a) Any operator of an underground storage tank shall
be liable for a civil penalty of not less than five hundred
dollars ($500) or more than five thousand dollars ($5,000) per
day for any of the following:
(1) Operates an underground storage tank which
has not been issued a permit.
(2) Fails to monitor the underground storage
tank, as required by the permit.
(3) Fails to maintain records, as required by
Section 13.33.
(4) Fails to report an unauthorized release, as
required by Sections 13.41 and l3.42.
(5) Fails to properly close an underground
storage tank, as required by Section 13.44.
(b) Any owner of an underground storage tank shall
be liable for a civil penalty of not less than five hundred
dollars ($500) or more than five thousand dollars ($5,000) per
day for any of the following:
(1) Failure to obtain a permit as specified by
this Ordinance.
(2) Failure to repair an underground tank in
accordance with the provisions of this Ordinance.
(3) Abandonment or improper closure of any
underground tank subject to the provisions of this Ordinance.
(4) Knowing failure to take reasonable and
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1 necessary steps to assure compliance with this Ordinance by
2 the operator of an underground tank.
3 (c) Any person who falsifies any monitoring records
4 required by this Ordinance, or knowingly fails to report an
5 unauthorized release, shall, upon conviction, be punished by
6 a fine of not less than five thousand dollars ($5,000) or more
7 than ten thousand dollars ($10,000), or by imprisonment in
8 the county jail for not to exceed one (1) year, or by both that
9 fine and imprisonment.
10 (d) In determining both the civil and criminal
11 penalties imposed pursuant to this section, the court shall
12 consider all relevant circumstances, including, but not limited
13 to, the extent of harm or potential harm caused by the violation,
14 the nature of the violation and the period of time over which it
15 occurred, the fequency of past violations, and the corrective
16 action, if any, taken by the person who holds the permit.
17 (e) Penalties under this section are in addition to,
18 and do not supersede or limit, any and all other legal remedies
19 and penalties, civil or criminal, which may be applicable under
20 other laws.
21 Sec. 13.46. Categorical Variance.
22 Any permitholder or permit applicant may apply to the
23 City Council for a categorical variance from Sections 13.38 and
24 13.39. The application shall include a description of the
25 proposed alternative program, method, device, or process and
26 description of the region, area, or circumstances under which
27 the variance would apply. The City Council shall issue a
28 categorical variance, if it finds, after investigation and a
-20-
1 public hearing, that the applicant has demonstrated by clear
2 and convincing evidence that the proposed alternative will
3 adequately protect the soil and the beneficial uses of water
4 of the State from an unauthorized release.
5 Sec. 13.47. Further Regulations.
6 The local agency shall promulgate regulations to
7 implement and clarify the requirements of this Ordinance,
8 regulating the construction, operation, maintenance, monitoring,
9 and testing of underground storage tanks used for the storage
10 of hazardous substances. Such regulations shall be effective
11 only after approval by the City Council by its minute order.
12 Upon approval, such regulations shall have the same force and
13 effect as other provisions of this Ordinance.
14 SECTION 4: That any ordinance or parts of ordinances
15 in conflict with this Ordinance are hereby repealed.
16 SECTION 5: If any section, subsection, sentence,
17 clause, or phrase or word of this Ordinance is for any reason
18 held to be void or unconstitutional, such decision shall not
19 affect the validity of the remaining portions of this Ordinance;
20 it being the intention of the City Council of the City of Vernon
21 to adopt and pass this Ordinance and each section, subsection,
22 sentence, clause or phrase thereof irrespective of the fact
23 that one or more of the sections, subsections, clauses,
24 sentences or phrases thereof may be declared void or
25 unconstitutional.
26 SECTION 6: There being no newspaper printed, published
27 or circulated in the City of Vernon, the City Clerk is hereby
28 directed to certify to the passage of this Ordinance and shall
-21-
1 post the same, or cause the same to be posted, in three (3) of
2 the most public places in the City of Vernon, to wit: the
3 northwest corner of 38th Street and Santa Fe Avenue; the
4 northeast corner of Leonis Boulevard and Pacific Boulevard, and
5 on the bulletin board in the lobby of the City Hall of said
6 City, located at 4305 Santa Fe Avenue, all in the City of Vernon,
7 County of Los Angeles, State of California.
8 APPROVED AND ADOPTED this 20th day of December, 1983.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
."
~~~~~c,<~/.
- E.?NIS C. MALBUf' Mayor
-' ' \
ATTEST:
"i'4~~~
BRUCE V. MALKENHORST, City Clerk
-22-
.<
1
AFFIDAVIT OF POSTING
2 STATE OF CALIFORNIA )
)
3 COUNTY OF LOS ANGELES) SS
)
4 CITY OF VERNON )
5
I, BRUCE V. MALKENHORST, City Clerk of the City
6 of Vernon, do hereby certify that I did, on the 5th
day of
7
.T ANTTARY
, 19~, post three (3) copies of
8
ORDINANCE NO. 944
9 one in each of the following places, to wit: At the northwest
10 corner of 38th Street and Santa Fe Avenue, at the northeast cor-
11 ner of Leonis Boulevard and Pacific Boulevard, and on the bulletin
12 board in the lobby of the City Hall of the City of Vernon, locat-
13 ed at 4305 Santa Fe Avenue, all in said City, there being no
14 newspaper of general circulation printed and published in the City
15 of Vernon.
16
Signed this
. {-:to .
II day of (/ C;!~~ ' 19~Y.
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BRU~. MALKENHORST, City Clerk
17
18
19
20
~~~:cr/~b~ ~~~ ~~ot c~~'J~~,f~re, ffif9 c;{
,~ (aA_~' . li,- e .t~~--
Notary Pub ic in a' or the County 0
Los Angeles, State of California.
21
22
23
24
25
26
r - '~~-'.~~-~..
o FFI '..: l/\L SJ~~\-L--l?
. '. LO::'; j HiLTON :
< "". NOT.l:,RY PUBLIC - CALIFORNIA ?
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'il LOS hNG[L:; CY];;TY
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4305 Ssnta Fe Avenue, Vqrnon, CA 000:;:: .~
27
28
SUPPORTING
DOCUMENTS
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TELEPHONES
Ii uJ,
'1,1 J VICTOR H. VAITS,
1 L ,Ie Director of Community Services
~)Jl. u '-'1'1, LEWIS R. ADAMS,
-, I I l'Pirector of Water & Power
t\ f'l \..-4. Iv""
~<'. L~ '(\ , GEORGE F. BASS,
CITY HALL J;I.~,- (/t)... AL::P~::ZA
4305 SANTA FE A VENUE, VERNON, CALIFORNIA 90058; 1 Police Chief
q t.f ., In Reply Refer to:
December 3, 1986 A '
J 4"'. .J..' .~,
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OFFICERS
CITY COUNCIL
LEONIS C. MALBURG, Mayor
THOMAS A YBARRA, Mayor Pro. Tern
Wm. "BILL" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
BRUCE V. MALKENHORST
City Administrator/City Clerk '
DA VID B. BREARLEY,
City Attorney
CITY CLERK"......,..,...........,......583-8811
POLICE DEPT, .............."..........587.5171
FIRE DEPT,........"."......."",.".".583-4821
BUILDING DEPT. ...."..""..""...583-8811
PUBLIC WORKS DEPT, ..."..".583-8811
HEALTH DEPT, ...."",,,.,,...,..,,,,583-8811
City Council
City of Vernon
Honorable Members:
In accordance with Ordinance No. 944 (entitled: Providing for Estab-
lishment of Regulations Governing the Underground Storage of Hazardous
Substances and Accepting Exclusive Jurisdiction.. ..), Section 13.47,
the attached regulations for implementation and clarification of
requirements of said ordinance are submitted for your approval.
Thanking you in advance for your consideration in this matter.
Very, truly you~,s '//'/<------7-'
,; Y /1// / /-c./~:'-- /'
/ ,.,.!--...; . ,.. <..
Bruce V. Malkenhorst
City Clerk
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/' 2200.014 / /LI\.'''''' J r: ! ~. HEALTH & ENVIRONMENTAL
/ ~/lt - \ CONTROL SECTION
,\/ ; [r/ j f'~( tV) V;' ~(~ (.J.r~ /~OVember 24. 1986
, I ' ~;' / ~ [if-- r~,' (/ , (' . /
I / il: Bruce Ma1kenhorst. -Cit;-~dmlnlstrator
/ FROM: ML~orman J. Michiels, Director, Health and Environmental
.J!r Control Section
SUBJECT: REGULATIONS FOR IMPLEMENTING AND CLARIFYING
REQUIREMENTS OF CITY OF VERNON ORDINANCE NO. 944,
UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES
~y ~F VERNON CALIFORNIA
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IN REPLY REFER TO:
1.-f.L.
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'( "'Y.
I ,-t' With the adoption of Ordinance No. 944 in December, 1983,
_.g.u-i-de-1-ines for its implementation were developed. As new
information was forthcoming and new equipment was introduced, the
Health and Environmental Section with the concurrence of Fire
Prevention amended the guidelines.
C/ A:I:"~cent__.le9alchalleng__~_)to our gui~elines prompts us to
-'formalize them as re-quiations as specif1ed in Sec. 13.47 of the
Ordinance. The proposed regulations are attached.
We will appreciate your making these regulations a City Council
agenda item so that the Council can approve them by a minute
order.
Thank you for your assistance.
Attachment
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IN REPLY REFER TO:
. CITY OF VERNON CALIFORNIA
, 2200.014
I
'"
HEALTH & ENVIRONMENTAL
CONTROL SECTION
,I
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November 24, 1986
. '
"
TO:
Bruce Malkenhorst, City Administrator
~k~orman J. Michiels, Director, Health and
~ Control Section
Environmental
FROM:
SUBJECT:
REGULATIONS FOR IMPLEMENTING AND CLARIFYING
REQUIREMENTS OF CITY OF VERNON ORDINANCE NO. 944,
UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES
Wi th the adoption of Ordinance No. 944 in December, 198 3,
guidelines for its implementation were developed. As new
information was forthcoming and new equipment was introduced, the
Health and Environmental Section with the concurrence of Fire
Prevention amended the guidelines.
A recent legal challenge to our guidelines prompts us to
formalize them as regulations as specified in Sec. 13.47 of the
Ordinance. The proposed regulations are attached.
We will appreciate your making these regulations a City Council
agenda item so that the Council can approve them by a minute
order.
Thank you for your assistance.
Attachment
NJM:cd
1
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2300.017
November l7, 1986
CITY OF VERNON
HEALTH AND ENVIRONMENTAL CONTROL SECTION
REGULATIONS FOR CONSTRUCTION,
OPERATION, MAINTENANCE, MONITORING
AND TESTING OF UNDERGROUND TANKS
CONTAINING HAZARDOUS SUBSTANCES
Pursuant to Ordinance No. 944, Section l3.47, the City of Vernon
intends to implement the following regulations to clarify the
requirementsof construction, operation, maintenance, monitoring
and testing of underground tanks.
I. Any person who must comply with the City of Vernon Ordinance
No. 944, Underground Storage of Hazardous Substances and intends
to install an underground tank system, monitoring system, or
remodel, or remove all or portions of an underground tank system
must secure appropriate building/fire prevention permits and pay
necessary plan check and permit fees before the commencement of
any work. All construction and work must be in accordance with
adopted Uniform Plumbing, Electrical, Building and Fire Codes.
Work must commence within thirty (30) days of permit issuance.
All work must have a final inspection and approval before the
issuance of an operating permit.
I I . S,I NGtE_.W]\L;L. UNP;ERGROUmL'l'PoNKS
All existing single wall underground tanks shall be provided
with a continuous monitoring system that will give early warning
of any leakage of product before potable groundwater is affected.
A. ~PoN:r<-. .IN~~GRI~)!'..P~'l'ERMINA'l'IONS
Prior to the installation of monitoring systems a
determination shall be made of the integrity of the underground
tank. One of the following options can be used:
1. Take representative soil samples adjacent to and below
the tank. Soil samples shall be properly handled and
be analyzed by a qualified laboratory for evidence of
tank leakage.
a) Samples shall be taken utilizing a Shelby
Tube or other zero headspace container.
b) Samples shall be capped immediately with
tef10n or aluminum and refrigerated for
transport.
1
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or
2. Follow the procedures for a prec1s1on test in the
National Fire Protection Association Pamphlet No. 329
or equivalent tank integrity test.
All tests must be fully documented and certified by a qualified
person. A copy of the results must be furnished to the Health
Department.
B. YPtPOpE__~ON~L MON;r'rOlUN~.. (Standard Monitoring Procedure)
If groundwater is forty-five feet (45') or more below the
ground surface, a vadose zone monitoring. system shall be
installed to detect leaks on a continuous basis. One or more
vadose zone monitoring wells shall be installed in accordance
with Vernon Standard Plan V 2056. Well boring shall penetrate
tank back fill material (sand, gravel).
1. The number of monitoring wells required is based on a
nominal detection area having a radius of fifteen feet (15') from
the detector (sensor). A single monitoring well may be able to
monitor more than one tank; however, normally one or more wells
are necessary to monitor a single tank.
2. The inside diameter of the well casing shall be of
sufficient size to allow for the easy insertion and removal of
the appropriate detector (sensor), connection cable or tube. No
glue shall be used in well installation.
3. Hydrocarbon vapor and/or liquid sensors may be required to
properly monitor vadose zone wells.
4. If vadose zone monitoring can adequately accomplish the
detection of tank leakage, groundwater monitoring is not
required.
c. ~ROPNPWPt1ER_MQN;r'rORJN~ (Only if required by the local
agency)
If groundwater monitoring is required by the local agency, the
monitoring well shall be installed in accordance with Vernon
Standard Plan V 2056.
1. Installation of the well or wells shall be down gradient
from the tank(s) being monitored.
2. The inside diameter of the well casing shall be a minimum
of four (4) inches.
2
3. The perforated casing zone shall extend a minimum of ten
(10) feet above and five (5) feet below the normal static water
level of the aquifier being monitored.
4. The detector(s) or sensor(s) shall be capable of
differentiating between the presence of water, liquid hydro-
carbons or dry conditions. In addition to the liquid sensing
devices, a vapor sensor and/or water sampling program may also be
required.
III. popaLE. WAL~_PNPER~ROPNP_~ANIS (Secondary Containment
Required on all Tanks Installed After December 31,
1983)
p;eCONPp.RY._CON.11UNMEN~_ MQN.I10RIN~
A. A continuous monitoring system provided with a detector
(sensor) that is capable of detecting any incoming water or
product into the secondary containment area shall be installed in
each secondary containment at its lowest point. If only one
access fitting is utilized into the secondary containment space,
the tank must be sloped so that the lowest elevation is at the
moni toring end.
B. The sensor and access fittings shall be of such size and
configuration that the sensor can be easily removed and replaced.
IV. ALARM. PXS'l'El-CPESJGN_ANP_.OJ>ERP>~;r~:>N
A. Each leak detector (sensor) shall be independently
connected to an above ground alarm control unit capable of
indicating which detector (sensor) in the system is activitated.
B. The control unit shall be provided with both a ready (on)
indicator light and an alarm (vapor or liquid detected) light for
each detector (sensor). In addition, a control unit for
groundwater monitoring shall be able to indicate water,
hydrocarbon and dry conditions.
C. The alarm control unit shall be installed where it can be
readily observed to facilitate quick response by responsible
personnel. If the location of the alarm control unit is
accessible to the general public or non-authorized individuals,
an acceptable means of security for the unit must be provided.
D. An audible alarm and an alarm warning light shall be
provided at or near the alarm control unit. The audible alarm
and light shall be simultaneously activated when a leak is
detected. If the alarm control unit is located at a site not
continuously attended by responsible personnel, a high intensity
revolving light and audible alarm or other acceptable remote
indicating device shall be installed at a height and location
where it is readily visible [at least eight (8) feet from ground
surface] when activated, to on-site personnel. No manual shut-
off is permitted for the alarm light; however, it may be equipped
with a reset control.
3
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E. A manual or automatic means of testing the alarm system,
electrical circuits, components and wiring for proper operation
shall be provided with an indication if a fault occurs.
F. All electrical materials shall be D.L. listed or have other
equivalent laboratory approval. Separate electrical permit is
required for electrical work. The alarm control and indicating
system shall be permanently connected (hard wired) to the
electrical supply system on dedicated circuit and shall not be
provided with an accessable shut-off sw itch. Circuit breakers
protecting the electrical supply to the uni t shall not be
accessable to non-authorized personnel. All wiring supplying the
uni t and wiring or tubing connecting sensors to the uni t shall be
installed so as to be protected from mechanical damage and shall
be weather proof in outdoor runs. Buried sensor wire shall be
installed in at least a four (4) inch deep channel that is wide
enough to easily insert the wire. If conduit is used the channel
shall be at least six (6) inches deep and four (4) inches wide.
Channels shall be layed out in straight lines with 90 degree
angle turns and shall avoid passing over subsurface storage
tanks. All channels shall be sealed with expoxy, grout or
asphalt emulsion. Alarm control units in outdoor locations
shall be enclosed in acceptable weather proof enclosures.
v. LEMCP.E~EC~IQN. Of_ PRESSUREP;r:p..r:N~._ S:YS~EM
All underground piping under pressure, associated with
storage tanks, shall be equipped with a leak detection system.
This specification does not apply to suction piping.
A. For all new installations or replacement of pressurized
piping there shall be provided secondary containment and a
monitoring system, meeting monitoring and alarm specifications in
parts II and III, or a leak detection device that will cut off
the flow in the system in the event of a leak.
1. A leak detection device shall be capable of sensing
both a major line leak or problem and any minor leak in the
piping system.
2. When a leak is detected the system shall be capable
of complying with alarm requirements in Part III. The minimum
level of leak detection shall be determined by the local agency.
B. For pressure piping systems installed prior to the
implementation of these specifications, some method of positive
shut down of the turbine pump, acceptable to the local agency,
must be installed in addition to properly installed and operating
"Red Jackets" or equivalent equipment. Whenever such systems
need to be replaced or overhauled they shall be replaced with
systems complying with Part A of this section.
4
VI. OrHER..REQP;rREMEN'l'S
A. rpn~_Y~nts - For new installation primary tank vent
piping shall be equipped with check valves to prevent overfilling
of tank.
B. fil.l ~ip~_Cpnt~in~~nt - Fill pipe containment devices are
to be liquid tight, with a capacity of at least five (5) gallons.
Containment devices are to be capable of being drained to tank.
C. 1010nj.toripg_}'lel.1__Coy~rs
I. Monitoring well covers and skirts shall be installed
according to Vernon Standard Plan V2056.
2. Well cover plates shall be capable of being sealed or
secured in place so as to prevent the entrance of
liquids into the subsurface monitoring zone. Neoprene
seals with non-corrosive securing devices (bolts,
screws, etc) are acceptable.
3. Where more than one monitoring well is located at a
site, each well cover plate shall be permanently
marked or identified with the appropriate sensor
number on both sides of the cover plate.
D. Encroachment permit is required prior to commencing
work in the public right-of-way (sidewalk, parkway, street,
etc. ) .
E. The regulations and specifications contained in this
document are not intended to prevent the use of any material
system or method of construction not specifically identified,
provided any such alternative has been approved. The local
agency may approve any such alternative provided that the
proposed design is satisfactory and that the material, method or
work offered is, for the purpose intended, at least the
equivalent of that prescribed in this document in quality,
strength, effectiveness, durability and safety.
5
ORDINANCE NO. 944
Article III. Underground Storage of Haurdous SublUnCft.
Sec. 13.27. Definitions.
For th,' purposes of this article, the following words and phrases shall have the
"",anings r<'spectively ascribed to them bv this section:
(,1) 'B",,,d" "wans th,. State Water Resources Control Board.
(b) "D"I'artm"II'" means the State Department of Health Services.
(c) "f"..,/il1(' means an" one. or combination of, underground storage tanks used by a
..,ingll' bu">inl'ss entity at a single location or site.
(d) "H"",,,,tnu> .<ub>t,,"...... means all of the following liquid and solid substances and
shall inrlud,' .1 mixtur<' if it either is a waste and contains any material regulated by this
arhel,' or is a nonwast<> and contains one percent by volume or more of any material
r,,!~ulated bv this article.
0) Substances un the list prepared by the Director of the Department of Industrial
Rdati,'ns pursuant to Section 6382 of the State labor Code.
(2) Hazardous substances, as defined in Section 25316 of the State Health and Safety
Cod,'.
(3) Any substances or material which is classified by the National Fire Protection
Assuciation (NFPA) as a n.,mmable liquid. a class II combustible liquid, or a class III-A
combustible liquid.
(4) Anv substance listed as hazardous or extremely hazardous in Sections 66680 and
116685 uf Tille 22 of the Califurnia Administrative Co'de. as amended.
(e) "L...,,/ ag""(~" mt'ans th,- Health and Environmental Control Section of the City of
Vt.'rnon
(I) "Person" means an individual, trust, firm. joint stock company, corporation,
including a government corporation, partnership and association. "Person" also includes
any city. county. district, the state or any department or agency thereof.
(g) "Pri",ar,1I (tl1lta;mf/t'IIt" means the first level of containment such as the portion of a
tank which comes into immediate contact lln its innersurfacl' with the hazardous substance
being contained.
(h) "Prnduct.light" means impervious to the substance which is contained. or is to be
nmtaint:'d, so as to prevent the sel'page of the substance from the primary containment. To
be product-tight the tank shall not be subject to any physical or chemical deterioration by
the substance which it contains over the useful life of the tank.
(0 "SC(tIHdllry (11l/ftl;llml'1tf" means the level of containment external to, and separate
from. tht' primary containment
(j) "SlP1glt'-il'IlIlfd" means construction with wails made of only one thICkness of
material. For the purpose of thIS article, laminated. coated, or clad materials shall be
wnsidered smgle-walled.
(k) "Sfor/lXC" or ",:.;torc" mean~ tht' containment, handling or treatment of hazardous
substann.'s. either on a temporary basis or for a period of years.
(I) "UllauflzlIri:::t'd releasc" ml'an!- any release or emission of any haz.udous sub~tanct:'
which does not conform to thl' prll\;sions of this article.
(01) "U"dt'r<\'T(lUlld ~tf'rax(' tall/.. " means anyone or combination of tanks, including pipes
connl'ckd thl'reto, which is USl,J for the storage of hazarduus substanl.."es and which is
,ubstantiallv or totally beneath the surface of the ground.
(n) "Sl't'(Ial ilIS/'t'dllrs" means a professional engineer. registered pursuant to Chapter?
(commencing with Section 6700) of Division 3 of the Business and Professions Code, who
is '-lualified to attest at a minimum. to structural soundness. seismic safety, the compatibility
of construction materials with contents. cathodic protection. and the mt'chanical (ompati-
bilitv lIf tht! structural elements.
(0) "O"'II,'r" means the owner of an underground tank
(p) "Operator" means the operator of an underground storage tank.
(4) "Pip"" means any pipeline or system of pipelines which is used in connection with
the storage of hazardous substances and which are not intended to transport hazardous
substances in interstate or intrastate commerce or to transfer hazardous matl'rials in bulk to
or from a marine vessel. (Ord. 1'0. 944. 93.)
See. 13.28 Requirements.
All requirements in this article apply to the construction. operation. maintenance,
monitoring, and testing of undt'rground storage tanks. as defined in subdi\;sion (m) of
Section 13.27. which are required to obtain hazardous waste facilities permits from the
Department (Ord. No. 944. 93)
See. 13.29. Master list of haurdous substances.
The local agency shall compile a comprehensive master list of hazardous substances.
The master list shall be made available to the public. The local agency and the owners or
operators of underground storage tanks shall ust' the master list to determine which
underground storage lanks require permits pursuant to this article. Hazardous substances
included on the list may be denominated by scientific. common, trade, or brand names. The
local agency may revise, when appropriate. the master list of hazardous substances. (Ord.
No. 944, 93.)
See. 13.30. Assumption of responsibility.
The Citv of Vernon herebv assumes responsibility for the implementation of this articlt'
and. shall have exclusive juri'sdiction within the boundary of the city for the purpost's of
carrying out this article. The city shall provide notice of its program to the County of Los
Angeles, the Board. the Department and the State Office of Emergency ServIces. The CIty
council of the City of Vernon hereby designates the local agency to be responSIble for
administering and enforcing the provisions of this Ordinance. (Ord. No. 944, 93.)
See. 13.31. Permit requirements.
(a) Except as pro\;ded in subdivision (b), no person shall own or operate an
underground storage tank unless a permit for its operation has been issued by the local
agenc\' to the owner. The local agency shall prepare a form which provides for the
acceptance of the obligations of a transferred permit by any person who is to assume the
ownership of an underground storage tank from the previous owner and is to be
transferred tht' permit to operate the tank. lllat person shall complete the form to the local
agency within thirty days after the ownership of the underground storage tank is to be
transferred Tht' local agt'ncy may review and modify, or terminate, the transfer of the
permit to op,>rate the underground storage tank, pursuant to the criteria specified in
subdi\'ision (b) of section 13.39 upon receiving the completed form.
(b) Any person assuming ownership of an underground storage tank used for the
storage of hazardous substanct's for which a valid operating permit has been issued shall
han- thirtv days after the date of assumption of ownership to apply for an operating permit
pursuant to section 13.33 or. if accepting a transferred permit shall submit to the local
agency the completed form accepting the obligations of the transferred permit as specifit'd
in subdi\;sion (a). During the period from the date of application until the permit is issued
or rdu5t'd. the person shall not be held to be in violation of this section.
(c) When. in its judgment it is appropriate to do so. the local agency may issue a single
permit to a person for a facility. (Ord. No. 944. S3.)
Sec. 13.32. Term of permit.
A permit to operate issued by the local agency pursuant to section 13.31 shall be
effective for five vears. The local agency shall not issue or renew a permit to operate an
underground sto;age tank ifthe local agency inspects the tank and determine. that the tank
" unsafe. (Ord. No. 944. 93.)
See. 13.33. Requirements for permit application.
(a) An application for a permit to operate an underground stoarge tank, or for renewal
of the permit shall be made. by the owner. on a standardized form provided by the local
agency and shall be accompanied by the appropriate fee, as specified in section 13.34. The
local agency shall provide the board with a copy of the completed application.
(b) The application form shall include, but not be limited to, requests for the following
information:
(1) A description of the construction of the underground storage tank or tanks.
(2) A list of all the hazardous substances which are or will be stored in the
underground storage tank or tanks. specifying the hazardous substanct's for each
underground storage tank
(3) A description of the monitoring program for the underground storage tank or
tanks.
(4) The name and address of the person. firm, or corporation which owns the
underground storage tank or tanks and, if different the name and address of the person
who operates the underground storage tank or tanks.
(5) The address of the facility at which the underground storage tank or tanks are
located.
(6) The name of the person making the application.
(7) The namt' and twenty-four hour phone number of the contact person in tht' event
of an emergency involving the facility.
(8) If the owner or operator of the underground storage tank is a public agency. the
application shall include the name of the supervisor of the division. section, or office which
ooerates the tank
(c) As a condition of any permit to operate an underground storage tank, the permittee
shall complete an annual report form. which will detail any changes in the usage of any
underground storage tanks. including the storage of new hazardous substances. changes in
monitoring procedure and unauthorized release occurences. as defined in sections 13.41
and 13.42.
(d) If a permittee stores in an underground storage tank or tanks a hazardous substance
which is not listed in the application. as required by paragraph (2) of subdivision (b). the
permittee shall apply for a new or amended permit within thirty days after commencing the
storag" uf that hazardous substance. (Ord. No. 944. 93.)
Sec. 13.34. Permit fees.
(a) A fee shall be paid to the local agency by each person who submits an application for
a permit to operate an underground storage tank or to renew, transfer or amend a permit.
The cit\' council of the Citv ofVt'rnon shall establish theamount of the fees by resolution. at
a level 'sufficient to pay the nen.'ssary and reasonable costs incurred in administering thi~
aliicle. including. but not limited to, permitting and inspection responsibilities. The city
council may provide for the waiver of fees when a public agency makes an application for a
pt'rmit to operatl' or an application to renew a permit.
(b) The initial permit may b,' renewed annually for a period not to exceed five vears.
upon pavment 01 the renewl lee. A new application shall be submitt,'d lor each succeeding
fi\'l' ~'ear period.
(c) A temporarv pt'rmit mav be issued by the local agencv to an applicant whose
h.l.lardous materi.=tl storagl..' facility does not conform to the requirements of this article on
the effective date. Tht' temporarv penn it shall allow up to one year fm the applicant t"
""l!mpl~' wtth the requin'ments of this article. A temporary permit shall not be Issut>d to a
f.=tcility wht..,rt, unsafe storage of hazardous substances exists as determined by the local
agenc\'.
(d) Tht'I'<' shall be add"d t"and collected with the permit or other fee a penaltv equal to
l<'n percent "f the fee lor all i,'", that are delinquent thirty days. For each additional month
llr fr~ction thereof in which the ddinquency continues an additional ten percent penalty
shall b,' cnll,'cted. In no event shall the total penalty exceed sixty percent of the permit fee
(e) No refund or rebate of a permit fee shall be allowed by reason of the fact that the
permit is denied or the permittee discontinues the activity or use of a tank or facility prior to
thl..' l'xpiration of the term or that the permit is suspended or revoked prior to tht..' l''\.piratilm
u( th,' term. (Ord. :-,;". 944. ~ 3.)
See. 13.35. Inspection of underground storage tanks.
(a) Th,' Incal agency shall inspect every underground storage tank wlthm its
jurisdiction at least once every thrl't' years. The purpose of the inspl'ction is to lktl'rminl'
whether the tank complies with tht' design and construction standards of sl'ctions 13.38 or
13.39. whichever IS applicabi<>. wht'ther the operator has monitored and lest,'d th,' tank a>
required by the permit, and ,\o'hether the tank is in a safe operating condition. AUl..'!'" an
inspection. the local agency shall prepare a compliance report detailing th,' insp,'cti,"' and
shall send a copy of this report to the permit holder.
(b) In addition to. or instead of. the inspection specified in subdivision (a). th,' local
agency may "'4uire the permit holder to employ. periodically, sp,'cial inspecturs tu
conduct an audit or assessment of the permit holder's facility to determine wheth"r Ih,'
facility cnmpli,'s with th,' factors specified in subdivision (a) and to prepar,' a special
inspt'ction report l\'ith recommendations concerning the safe storage of h.=t~rdous
materials at the facilitv. The rt'port shall contain recommendations consist,'nt With th,'
provisions of thisartide. where appropriate. A copy of the report shall be filt'd with th,- lucal
agency at thl' saml..' time thl> inspector submits the report tothe permit holder. \\'ithin thirty
davs after rect'i\'ing this report, the permit holder shall file with the local ag,'ncv a plan tu
implement all recomrnl'ndations contained in the report or shall dt.>monstrdtt..', to tht'
satisfaction of the local agencv, why these recommendations should not b,' impl,'mented
(Ord. No. 944. ~3.)
Sec. 13.36. Authorized representative inspection.
In ordt'rto carry out the purpose ofthisartidt'.anydulyauthorized representative of th,'
local agency has the authority. with respt'ctto any place where underground stora~e tanks
are located, or with respect to real propt'rty which is within two thousand fel't of an,v pl.lel'
where the underground storage tanks are located, to inspl'ct. take samplt's, obtain rt.'cords,
make investigations, take photographs, make studies and tl..'sts as providl'd for in Sl'ctillns
25185 and 251855 of the Health and Safety Code. (Ord. No. 944. ~3.)
Sec. 13.37. Trade secrets.
(a) "Tradt' St'frets", as uSl..'d in this,lrtic1l..', may inciudl..', but is Iltlt Iimitl..'d to, <ln~' ft)rmula.
plan. pattern, process, tool, mech<lni~m, compound. pron-dun-, production d.1ta, l,lr
compilation of information which is not p.,tl..'lltl..'d. which is known OJ1I~' to cl..'rt<\lO
individuals within a commercial CllllCl..'rn \"\-'ho ,Ul..' lIsin~ it to f.lbrit.-atl', produCt.'. or
compound an artic1l' of trade Dr a ~t..r\'kt' having comnll'rcial \'alut', and which ~1\'L'~ it, llser
,ln opportunity to obtain a businl'ss .ldvantagl..' o\'l..'r compl'tilors who dll not kno\\' Of U..t.' It
(b) The local agency may disclose trade secrets received by tht' local agencv
pursuant to this a rticlt' to authorizt.d fl'prl'sentaives of otht'r gO\"l'rnml'ntal dgl-I1l'it..'" <'Illy in
connection \\lith the local agl'nc~/s responsibilities pursuant to this articll'. fhe Il l!..'il I <lgt'n(~
shall establish proCt.'dures to ensun' thdt these trade secrets .Ut' uti.liLl'd lln!\' in ((1I1I1l'ction
with these responsibilities and are not otherwise disseminatl'd WIthout the Ulll'''l'nt \}t thl'
pl..'rson who provided the information tll the local agenc~'
(c) Any person pro\'idin~ information pursuant to Sl;'ctllln 13,33 ..h.dl. <It thl' tinll.'llf it...
submission, identifv all information which tht.' person belit'vl;'<O; b .1 tradl.' "'1.'I.:rl't, An~'
infurmation or ren;rd not idt'ntlfit>d as a tradt.> secrt't is dvailolbll' to the publl(, un!...'....
l'xempted from disclosure by lltht..'r provisions of law. (Ord. -"":ll. 944, ~.l)
Sec. 13.38. Installation of underground storage tanks after
December 31, 1983 - Requirement..
Every underground storage tank installed after December 31, 1983, shall meet the
following requirements:
(a) Be designed and constructed to provide primary and secondary levels of
contamment of the hazardous substances stored in them in accordance with the following
performance standards:
(1) Primary containment shall be product-tighl
(2) Secondary containment shall be constructed to prevent structural weakening as a
result of contact with any released hazardous substances, and also shall be capable of
storing. for the maximum anticipated period of time necessary for the recovery of any
released hazardous substance.
(3) In the case of an installation with one primary container, the secondary
contamment shall be large enough to contain at least one hundred percent of the volume of
the primary tank.
(4) In the case of multiple primary tanks, the secondary container shall be large
enough to contam one hundred fifty percent of the volume of the largest primary lank
placed m It or ten percent of the aggregate internal volume of all primary tanks, whichever
IS greater.
(5) lf the facility is open to rainfalL then the secondary containment must be able to
additionally accomodate the volume of a twenty-four hour rainfall as detennined by a one
hundred year stonn history.
(6) Single-walled containers do not fulfill the requirement of an underground
storage tank providing both a primary and a secondary containmenl
(b) Be designed and constructed with a monitoring system capable of detecting the
entry of hazardous material stored in the primary containment into the secondary
contamment. lf water should intrude into the secondary containment a means of
monitoring for water intrusion and for safely removing the water shall also be provided.
(c) When required by the local agency. a means of overfill protection for any primary
tank. mcludmg an overfill prevention device or an attention-getting higher level alann or
both. Primary tank filling operations of underground storage tanks containing motor fuels
which are visually monitored and controlled by a facility operator satisfy the requirements
of this paragraph.
(d) Different substances that in combination may cause a fire or explosion, or the
production of 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.
(e) If water could enter into the secondary containment by precipitation or infiltration.
the facility shall contain a means of removing the water by the owner or operator. This
removal system shall also provide for a means of analyzing the removed water for
hazardous substance contamination and a means of disposing of the water, if so
contaminated. at an authorized disposal facilt)'. (Ord. No. 944, 93.)
Sec. 13.39. Underground storage tanks used for storage of hazardous substances.
For every underground storage tank installed on or before December 31. 1983, and
used for the storage of hazardous substances the following actions shall be taken:
(a) On or before January 1, 1985, the owner shall outfit the facility with a monitoring
system capable of detecting unauthorized releases of any hazardous substances stored in
the facility. and thereafter, the operator shall monitor each facility, based on materials stored
and the type of monitoring installed.
(b) Provide a means for visual inspection of the tank. wherever practicaL for the
purpose of monitoring required by subdivision (a). Alternative methods of monitoring the
tank on a monthly. or more frequent basis, may be required by the local agency. The
alternative monitoring methods include, but are not limited to, the following methods:
(1) Pressure testing. vacuum testing or hydrostatic testing of the piping systems and
underground storage tanks.
(2) A ground water monitoring well or wells which are down g'radient and adjacent
to the underground storage tank. vapor analysis within a well where appropriate. and
analysis of soil borings at the time of initial installation of the well. The local agency shall
develop regulations specifying monitoring alternatives. The local agency shall approve the
location and number of wells. the depths of wells and the sampling frequency. pursuant to
these regulations. (Ord. No. 944. 93.)
See. 13.40. Operators of underground storage faci1ties - Duties.
The operator of the underground storage facility shall monitor the facility using the
method specified on the permit for the facility. Records shall be kept in sufficient detail to
enable the local agency to detennine that the operator has undertaken all monitoring
activities required by the permit to operate.
lf the operator is not the owner, the owner shall provide a copy of the permit to the
operator, enter into a written contract with the operator to monitor the tank as set forth in
the permit and provide the operator with a copy of section 13.45 or a summary of this
section. in the fonn which the local agency specifies by regulation. The owner shall notify
the local agency of any change of operator. (Ord. No. 944. 93.)
See. 13.41. Unauthorized releases recorded - Primary containmenl
Any unauthorized release from the primary containment which the operator is able to
dean up within eight hours, and which does not escape from the secondary containment
does not increase the hazard oi fire or explosion and does not cause any deterioration of the
secondary containment of the underground storage tank. shall be recorded on the
operator's monitoring reports. (Ord. No. 944, 93.)
See. 13.42. Unauthorized releases recorded - Secondary containmenl
(a) Any unauthorized release which escapes from the secondary containment
increases the hazard of fire or explosion. or causes any deterioration of the secondary
containment of the underground storage tank shall be reported by the operator to the local
agency within twenty-four hours after the release has been detected or should have been
detected. A full written report shall be transmitted by the owner or operator of the
underground storage tanks within five working days of the occurance of the release.
The local agency shall review the permit whenever there has been an unauthorized
release or when it detennines that the underground storage tank is unsafe. In detennining
whether to modify or tenninate the permit the local agency shall consider the age of the
tank. the methods of containment the methods of monitoring. the feasibility of any
required repairs, the concentration of the hazardous substances stored in the lank. the
seventy of potential unauthorized releases, and the suitability of any other long-tenn
preventive measures which would meet the requirements of this article.
(b) The local agency shall lransmitto the California Office of Emergency Services all
rep~~s required by this section within ten working days from the time the local agency is
notified of the unauthorized release. (0 rd. No. 944, 93.)
See. 13.43. Storage of motor fuels.
The storage of motor vehide fuels in underground tanks shall be subject to the same
require?,enls of this article as is any other hazardous substance stored in underground
tanks wlthm the CIty of Vernon. notwithstanding the provisions of Chapter 6.7, Division 20
of the Health and Safety Code. relating to hazardous substances. (Ord. No. 944. 93.)
See. 13.44. Abandonment. closure or temporary closure of underground storage tanks.
(a) No person shall abandon an underground storage tank or close or temporarily
cease operating an undergrour.d storage tank. except as provided in this secrion.
(b) An underground storage tank which is temporarily taken out of service. but which
the operat.or intends toreturn to use. shall continue to be subject to all the permit inspection
and .monltonng req~~rements of this article. unless the operator complies with the
proVISIons of subd,VISIOn (c) for the period of time the underground tank is not in use.
(c) No person shall close an underground storage tank unless the person undertakes all
of the following actions:
(1) Demonstrates to the local agency that all residual amounts of the hazardous
substance or hazardous substances which were stored in the tank prior to its closure have
been removed. properly disposed ot and neutralized.
(2) Adequately seals the tank to minimize any threat to the public safety and the
possibility of water intrusion into. or runoff from. the tank.
(3) Provides for. and carries oul the maintenance of the tank as the local agency
determines is necessary. for the period of time the local agency requires.
(4) Demonstrates to the local agency that there has been no significant soil
contamination resulting from a discharge in the area surrounding the underground storage
tank or faciltiy. (Ord. No. 944, 93.)
See. 13.45. Civil and crimin.tl penalties.
(a) Any operator of an underground storage tank shall be liable fora civil penalty ofnot
less than five hundred dollars or more than five thousand dollars per day for any of the
following:
(1) Operates an underground storage tank which has not been issued a pennit
(2) Fails to monitor the underground storage tank. as required by the permil
(3) Fails to maintain records, as required by section 13.33.
(4) Fails to report an unauthorized release. as required by sections 13.41 and 13.42.
(5) Fails to properly close an underground storage tank. as required by section 13.44.
(b) Any owner of an underground storage tank shall be liable for a civil penalty of not
less than five hundred dollars or more than five thousand dollars per day for any of the
following: .
(1) Failure to obtain a pennit as required by this article.
(2) Failure to repair an underground tank in accordance with the provisions of this
article.
(3) Abandonment or improper closure oi any underground tank subJect to the
provisions of this artide.
(4) Knowing failure to take reasonable and necessary steps to assure compliance
with this article by the operator of an underground lank.
(c) Any person who falsifies any monitoring records required by this article, or
knowingly fails to report an unauthorized release, shalL upon conviction. be punished by a
fine of not less than five thousand dollars or more than ten thousand dollars. or bv
imprisonment in the county iail for not to exceed one year. or by both that fine and
imprisunment.
(d) In detennining both the civil and criminal penalties imposed pursuant to this
section. the court shall consider all relevant circumstances, including. but not limited to. the
extent of hann or potential harm caused by the violation, the nature of the violation and the
period of time over which it occurred. the frequency of past violations, and the corrective
action, if any, taken by the person who holds the pennit.
(e) Penalties under this section are in addition to, and do not supersede or limit, any
and all other legal remedies and penalties. civil or criminaL which may be applicable under
other laws. (Ord. No. 944. 93.)
Sec. 13.46. Categorial variance.
Any pennit holder or permit applicant may apply to the city council for a categorical
variance from sections 13.38 and 13.39. The application shall include a description of the
proposed alternative program. method. device, or process and description of the region,
area. or circumstances under which the variance would apply. The city council shall issue a
categorical variance. if it finds, after investigation and a public hearing. that the applicant has
demonstrated by clear and com;ncing evidence that the proposed alternative would
adequately protect the soil and the beneficial uses of water of the state from an
unauthorized release. (Ord. No. 944. 93.)
Sec. 13.47. Further regulations.
The local agency shall promulgate regulations to implement and clarify the requirements
of this article. regulating the construction. operation, maintenance, monitoring and testing
of underground storage tanks used for the storage of hazardous substances. Such
regulations shall be effective only after approval by the city council by its minute order.
Upon approvaL such regulations shall have the same force and effect as other provisions of
this article. (Ord. No. 944. 93.)
APPROVED AND ADOPTED this 20th dav of~IT!!'J:lIT- .1983
I.E01\:IS C. MALBlJRG. Mavor
ATTEST:
BRUCE V. MALKENHORST Citv Clerk
----regulations to clarify the requirements of construction,
operation, maintenance, monitoring and testing of underground
tanks.
The regulations identify the City of Vernon permits and fees
required to do underground tank work and make general reference
to the applicable Uniform Plumbing, Electrical, Building and Fire
Codes.
~
Options available for determining tank integrity~addressed as are
criteria for installing vadose zone monitoring wells and ground
water monitoring.
Specific requirements not contained in the broader language of
Ord.944 relating to alarm system design and operation and leak
detection systems are also covered.
The regulations and specifications permit the use of alternative
materials, systems or methods not specifically identified therein
as long as the local agency considers them equivalent to those
described.
UNGTK.LTR
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