HomeMy WebLinkAbout284`0 J
ORDINANCE NO. 284
AN ORDINANCE OF THE CITY OF THE TOWN OF LOS ALTOS
HILLS AMENDING TITLE 4 OF THE LOS ALTOS HILLS MUNI-
CIPAL CODE BY ADDING THERETO CHAPTER 13 ENTITLED
"HAZARDOUS MATERIALS STORAGE"
The City Council of the City of the Town of Los Altos Hills
DOES ORDAIN as follows:
SECTION 1. PURPOSE.
The City Council finds and declares as follows:
(a) Cities are required by State Law to either enforce State
regulations of the storage of hazardous materials or to adopt regu-
lations meeting certain minimum requirements of the State.
(b) The public health, safety, and welfare of the citizens of
the City may be endangered by the improper storage of such hazardous
materials; and
(c) It is necessary for protection of all citizens of the City
that the storage of hazardous materials be regulated by the City of
the Town of Los Altos Hills.
SECTION 2. AMENDMENT OF CODE.
Title 4 of the Los Altos Hills Municipal Code is hereby amended
by adding thereto Chapter 13 to read as follows:
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iAPTER 13. HAZARDOUS MATERIALS STORAGE
ARTICLE 1. GENERAL PROVISIONS
SECTION 4-13.101. PURPOSE.
The purpose of this Chapter is the protection of health,
life, resources, and property through prevention and control of
unauthorized discharges of hazardous materials.
SECTION 4-13.102. GENERAL OBLIGATION; SAFETY AND CARE.
(a) No person, firm or corporation shall cause, suffer, or
permit the storage 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; or
2. In a manner which causes an unauthorized discharge of
hazardous materials or poses a significant risk of such
unauthorized discharge.
(b) The City shall have discretion to exempt an applicant from
any specific requirements of this Chapter, other than the
requirement for secondary containment in underground stor-
age facilities, except as provided in Subsection (c) 4 of
Section 4-13.302, or to require applicant to meet addition-
al or modified requirements, where such action would be
appropriate and consistent with achieving the general obli-
gation of this Chapter for protecting public health, safe-
ty, and welfare.
SECTION 4-13.103. SPECIFIC OBLIGATION.
(a) Any person, firm, or corporation which stores any material
regulated by Section 4-13.201 which is not excluded by
Section 4-13.202 shall obtain and keep current a Hazardous
Materials Storage Permit.
(b) All such hazardous materials shall be contained in conform-
ity with Article 3 of this Chapter.
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(c) The storage of such hazardous materials shall be in con-
fc,mance with the approved Hazardous Materials Management
Plan.
(d) The County shall apply for, and the officer shall consider
and issue where appropriate, a permit, in conformity with
this Chapter, for the storage of hazardous materials by
County in an underground storage tank, as those terms are
defined in Chapter 6.7 of Division 20 of the California
Health and Safety Code, wherever the County's storage fa-
cility may be situated. Any other county, city, district
or department, or agency of the state which stores any
hazardous substance, in an underground storage tank, as
those terms are defined in Chapter 6.7 in this City without
a permit meeting the requirements of said Chapter 6.7
issued by such other local agency shall obtain and keep
current a permit from City which conforms at a minimum to
Section 25284 and 25284.1 of the Health and Safety Code.
SECTION 4-13.014. 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 means the City of THE TOWN OP LOS ALTOS HILLS
(c) County means the County of SANTA CLARA.
(d) Facility means a building or buildings, appurtenant struc-
tures, and surrounding land area used by a single business
entity at a single location or site.
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(e) Hazard class means Explosives A, Explosives B, Explosives
C, Blasting agents, Flammable liquids, Combustible liquids,
Flammable solids, Oxidizers, Organic peroxides, Corrosive
materials, Flammable gases, Nonflammable gases, Poisons A,
Poisons B, Irritating materials, Etiologic agents, Radioac-
tive materials, Other Regulated Materials (ORM) A, B, C, D
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and E. For purposes of this Chapter, the U.S. Department
_r 4ransportation (DOT) definitions in 49 CFR Part 173 as
a,[.�,ded small be utilized; however, whenever the defini-
tions in 49 CFR 173 refer to transportation or hazards
associated with transportation, they shall be deemed to
refer to storage or other regulated activity under this
Chapter.
(f) Hazardous material means any material which is subject to
regulation pursuant to Article 2 of this Chanter. A mix-
ture 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$) by volume or more of any material
regulated pursuant to Article 2 of this Chapter.
(g) Officer means the department or special district designated
by the County to administer this Chapter or any designee of
the department or special district.
(h) Permit means any Hazardous Materials Storage Permit issued
pursuant to this Chapter, as well as any additional appro-
vals thereto.
(i) Permit quantity limit means the maximum amount of hazardous
material that can be stored in a storage facility. Sepa-
rate permit quantity limits will be set for each storage
facility for which a permit is obtained in accordance with
the requirements of this Chapter.
(j) Permittee means any person, firm, or corporation to whom a
permit is issued pursuant to this Chapter and any author-
ized representative, agent or designee of such person,
firm, or corporation.
(k) Pii2es 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.
(1) Primary containment means the first level of containment,
i.e. the inside portion of that container which comes into
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immediate c3ntact on its inner su_face with the hazardous
material being contained.
(m) Product-tiaht means impervious to the hazardous material
which is contained, or is to be contained, so as to prevent
the seepage of the hazardous 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 hazardous material being
contained.
(n) Secondary containment means the level of containment exter-
nal to and separate from the primary containment.
(o) Single -walled means construction with walls made of but one
thickness of material. Laminated, coated, or clad mate-
rials shall be considered as single -walled.
(p) 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.
(q) Sump means a pit or well in which Liquids collect.
(r) 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 Manage-
ment District and California Air Resources Board, with a
National Pollutant Discharge Elimination System Permit,
with waste discharge requirements established by the Re-
gional Water Quality Control Board pursuant to the Porter
Cologne Water Quality Act, or with local sewer pretreatment
requirements for Publicly owned Treatment Works.
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%ioor meai;s a floor .:hili is •..sed to routi:ely collect,
__... or mai. nta in s`_an,;_na _-a,ius or to stand-
_ __-uics on a more or less ccnti,rcoas basis.
S CC,Ip;i --11.015. PEOFESSIC'7AL ASSIST:.2:_E FOR COUNTY
Tlpyc
Whenever the approval or satisfaction of the Officer may be
required in this Chapter for a design, monitoring, testing or
other technical submittal by an applicant or permittee, the
Officer may, in its discretion, require such applicant or per-
mittee, at such applicant's or permittee's sole cost and ex-
pense, to retain a suitably qualified independent engineer, or
chemist, or other appropriate professional consultant, accept-
able to the Officer, for the purpose of evaluating and rendering
a professional opinion respecting the adequacy of such submittal
to achieve the purposes of this Chapter. The Officer shall be
entitled to rely on such evaluation and/or opinion of such
engineer, chemist or professional consultant in making the rele-
vant determinations provided for in this Chapter.
ARTICLE 2. MATERIALS REGULATED
SECTION 4-13.201. MATERIALS REGULATED
The materials regulated by this Chapter shall consist of
the following:
(a) Any material listed as a hazardous and/or extremely hazard-
ous 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,
a Class II combustible liquid or a Class IIIA combustible
liquid; or
(d) Any material which is listed by the Director of the Depart-
ment of Industrial Relations in Title 8, California Admini-
strative Code §339, as amended, excluding all footnotes
thereto and subject to the exclusions specified in this
subsection. Such exclusions shall apply only to materials
which are not otherwise regulated pursuant to this Section.
These exclusions shall be as follows:
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platerials _ecogn; zed in the ^ff icial United States
CEf,r;a :rn����. -n is enrt_nm�000eia of
c.Se nni c,t_„ or c`ric-, _rational-,uiary, or
any supple^.ent to any of -hem if such materials are
intended for use in the diagncsis, cure, mitigation,
treatment, prevention of disease in man or other
animals; ., ID..ues; e,zvm—s, and aflatoxins.
Aluminum salts; Asphalt fumes; Atrazine; Benomyl; Bis
(dimethylthiocarbamoyl) disulfide; Boron oxide; 4-tert-
Buty'_-2-chlorophenyl-methyl methylphosphoramidate; Cam-
phor; Carbon black; 2 -Chloro -6 (trichloromethyl) pyri-
dine; Clopidol; Coal tar pitch volatiles; Cotton dust,
Dibenzoyl peroxide (Benzoyl peroxide); Dicyclopenta-
dienyl iron; 3,5-Dinitro-o-toluamide; 2,6-Di-tert-
butyl-p-cresol; Ferbam; Fumaric acid; Glass, fibrous or
dust; Graphite, Helium; Iron oxide; Iron salts; Magne-
sium oxide; Mica; Mineral wool fiber; Oil mist; Pheno-
thiazine; Phenyl ether; Phenyl ether -diphenyl (eutectic
mixture), vapor; Phthalic anhydride; m-Phthalodini-
trile; Polytetrasluoreoethylene Decomposition products;
Rhodium salts; Ronnel; Rosin core solder; Rotenone,
commercial; Silica, Soapstone, Talc; Tantalum oxide;
Terphenyls; and 4,4'-Thiobis (6-tert-butyl-m-cresol).
(e) 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 EPA 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 require-
ments of the EPA and/or the Department of Health Services
of the County.
(f) Any material which has been determined by the party storing
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.
SECTION 4-13.202. EXCLUSIONS.
This Chapter does not apply to the following:
(a) Certain Elemental Metals.
The following elemental metals included within the purview
of Section 4-13.201 shall not be considered hazardous mate-
rials for purposes of this Chapter unless they are stored
in a friable, powdered or finely divided state: Aluminum,
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Beryllium, Cadmium, Chromium, Copper, Lead, Manganese,
Molybdenum, Nickel Rhodium, Silver, Tellurium, Tin, and
Zinc. Furthermore, Tantalum, Titanium, Tungsten, and ura-
nium shall be excluded from regulation under this Chapter.
(b) Retail Products.
Hazardous materials when contained solely in consumer pro-
ducts packaged for distribution to, and use by, the general
public or commercial products used at the facility solely
for janitorial or minor maintenance purposes such as paint
thinner or wax strippers.
(c) Feed.
Hazardous materials when contained in a substance intended
for use as animal feed.
(d) Work Station.
Hazardous materials located at a work station in a quantity
reasonably required for use as determined by the officer
under the circumstances.
(e) Exemption.
The Officer shall exempt any material from the requirements
of this Chapter where it has been demonstrated to the
satisfaction of county that the material in the quantity
and/or solution stored does not present a significant ac-
tual or potential hazard to the public health, safety or
welfare.
SECTION 4-13.203. UNDERGROUND TANKS.
Notwithstanding Section 4-13.202 and in addition to those
materials regulated pursuant to Section 4-13.201 above, a permit
shall be required for the storage in an underground storage tank
as defined by California Health and Safety Code Section
25280(m), of any material defined as a hazardous substance, in
accordance with California Health and Safety Code Section
25280(c).
ARTICLE 3. CONTAINMENT STANDARDS
SECTION 4-13.301. 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 permit appli-
cant demonstrates to the satisfaction of the Officer, by the
submission of appropriate plans and other information, that the
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design and construction of the storage facility will result in a
suitable manner of storage for the hazardous material or mate-
rials to be contained therein.
All installation, construction, repair or modification,
closure, and removal shall be to the satisfaction of the Offi-
cer. The Officer shall have the discretion to exempt an appli-
cant from any specific requirement, except that the discretion
with regard to underground storage facilities shall be exercised
in accordance with Subsection (c) 4 of Section 4-13.302 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.
The guidelines approved pursuant to Section 4-13.1302 shall
serve as an interpretation of the provisions of this Article
addressed in such guidelines.
SECTION 4-13.302. NEW STORAGE FACILITIES.
(a) No person, firm or corporation shall construct or install
any new storage facility until a permit or approval has
been issued pursuant to this Chapter.
(b) Monitoring Capability
All new storage facilities intended for the storage of
hazardous materials which are liquids or solids at standard
temperature and pressure (STP) shall be designed and con-
structed with a monitoring system capable of detecting that
the hazardous material stored in the primary containment
has entered the secondary containment. Visual inspection
of the primary containment is the preferred method; how-
ever, other means of monitoring may be required by county.
Where secondary containment may be subject to the intrusion
of water, a means of monitoring for such 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 re-
quired for all new storage facilities intended for the
storage of hazardous materials which are liquids or solids
at standard temperature and pressure (STP) unless exempted
by the Officer. It is anticipated that a follow-up task
force will develop construction and monitoring standards
for gases.
1. All primary containment shall be product -tight.
Secondary containment:
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All scc�ndary c.,..-___ .cnt snali be constructed of
-ia is of thiclkn�ss, density, and
c F�sinion so — to be scru.c uraliy -ak ned
as a result of contact with the discharged hazard-
ous materials and Pc as to be capable of containing
h -?cus ...__e_ _c merged from a primary con-
tainer for a period of time equal to or longer than
the :..-._-mum antic -pared rim=_ sufficient to allow
recovery of the discharged hazardous material.
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.
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.
If the storage facility is open to rainfall, then
the secondary containment must be able to addi-
tionally accommodate the volume of a twenty-four
(24) hour rainfall as determined by a one -hundred
(100) year storm history.
Laminated, coated, or
ered single -walled and
fill the requirements
containment.
4. Variance.
clad materials shall be consid-
shall not be construed to ful-
of both primary and secondary
A variance from the requirement for secondary con-
tainment for an underground storage facility may be
granted upon a written finding by the officer is-
suing the permit, which has been reviewed and ap-
proved by the City Council of the City that°based
on the special circumstances:
The requirement of secondary containment
creates an unusual and particular hardship,
and
ii. An equivalent degree of protection is pro-
vided by the proposed alternative; and
iii. The proposed alternative has been appropri-
ately so certified as providing an equivalent
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degree of protection, by an independent con-
sultant retained in accordance with Section
4-13.105, or has been specified as potential-
ly appropriate for a variance in the guide-
lines approved pursuant to Section 4-13.1302.
The City Council shall consider the variance, at a
public meeting, at which oral or written presenta-
tion on the matter may be made. A notice which
includes a statement that a variance from secondary
containment for hazardous materials will be consid-
ered, and which specifies the address of the facil-
ity seeking the variance, and the time and place of
the meeting shall be given in the following manner:
i. The City Clerk of the City shall cause a copy
of the notice to be published once in a
newspaper of general circulation in the Coun-
ty, not less than ten (10) days prior to the
meeting; and
ii. The City Clerk shall cause a copy of the
notice to be mailed at least ten (10) days
prior to the meeting to any party who files a
written request with the City Clerk, for
mailed notice of meetings at which such vari-
ance is to be considered. Such written re-
quest for notice shall be valid for one year
from the date on which it is filed unless a
renewal request is filed. Renewal request
for such mailed notices shall be filed on or
before April 1st of each year.
Variance - Construction and Monitoring Requirements.
Underground storage tanks may be granted a variance
from the standards for construction and monitoring set
forth in this Article other than from the requirement
for double containment, only upon a written finding by
the Officer issuing the permit that the applicant has
demonstrated by clear and convincing evidence:
That because of special circumstances not generally
applicable to other property or facilities, in-
cluding 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 re-
lease; or
That strict application of the standards of this
Chapter would create practical difficulties not
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generally applicable to other facilities or pro-
perty; and that the proposed alternative will ade-
quately protect the soil and beneficial uses of the
waters of the state from an unauthorized release.
(d) Overfill Protection.
Means of overfill protection may be required for any prima-
ry container. This may be an overfill prevention device
and/or an attention -getting high level alarm.
(e) Separation of Materials.
Materials that in combination may cause a fire or explo-
sion, or the production of a flammable, toxic, or poisonous
gas, or the deterioration of a primary or secondary con-
tainer shall be separated in both the primary and secondary
containment so as to avoid intermixing.
(£) Drainage System.
Drainage of precipitation from within a storage facility
containing hazardous materials which are liquids or solids
at STP shall be controlled in a manner approved by the
county so as to prevent hazardous materials from being
discharged. No drainage system will be approved unless the
flow of the drain can be controlled.
SECTION 4-13.303. EXISTING STORAGE FACILITIES.
Any storage facility in existence as of the effective date
of this Chapter, or any storage facility for which a building
permit was issued prior to the effective date of this Chapter,
which does not meet the standards of Section 4-13.302, may be
permitted pursuant to this Chapter as long as it is providing
suitable storage for hazardous materials. In addition, storage
facilities which contain hazardous materials which are liquids
or solids at standard temperature and pressure (STP) must be
monitored in accordance with a plan approved by the Officer as
set forth herein. It is anticipated that a follow-up task force
will develop construction and monitoring standards for gases.
(a) A monitoring plan for each such storage facility containing
hazardous materials which are liquids or solids at STP,
shall be submitted to the Officer as part of the hazardous
Materials Management Plan.
(b) Monitoring under such plan shall include visual inspection
of the primary containment wherever practical; however, if
the visual inspection is not practical, an alternative
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method of monitoring each storage facility on a semiannual
or more frequent basis may be approved by the Officer.
(c) Alternative method(s) of monitoring may include but are not
limited to: pressure testing of piping systems, ground-
water monitoring well(s) which are downgradient and adja-
cent to the storage facility; vapor analysis within the
well(s) where appropriate; and analysis of the soil bor-
ing(() at the time of initial installation of the well(s).
The number of well(s), depth of well(s), and sampling
frequency shall be approved by the Officer.
(d) Such monitoring devices and methods, as approved by the
Officer, shall be installed and operating within six (6)
months of the issuance of a provisional permit in accord-
ance with Section 4-13.805 and Subparagraph 1 of Subsection
(b) of Section 4-13.1402. The Officer may grant an exten-
sion of this compliance date, however, such extension shall
not exceed one (1) additional year. The full term permit
may be issued when compliance with this Subsection has been
achieved.
(e) The continued use of, and permit approval for, existing
storage facilities is subject to review and modification or
termination by the Officer whenever there has been any
unauthorized discharge. It shall also be reviewed by the
Officer each time the permit is renewed. In determining
whether continued storage in such storage facility is suit-
able, the Officer shall consider the age of the storage
facility, the methods of containment, the methods of moni-
toring, the feasibility of the required retrofit, the con-
centration of the hazardous materials contained, the sever-
ity of potential unauthorized discharge, and the suitabili-
ty of other long term preventive measures which meet the
intent of this Chapter.
(f) Existing storage facilities which are not approved in ac-
cordance with this Section must be upgraded to comply with
this Chapter or be closed in accordance with Section 4-
13.304 within one (1) year of a decision not to issue a
full term permit. An extension of time for compliance with
this Subsection, not to exceed one (1) additional year, may
be granted.
SECTION 4-13.304. 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.
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(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 the Officer in accordance
with Section 4-13.808.
(d) Any person, firm or corporation having an interest, in-
cluding 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 shall conform to the
standards specified in Section 4-13.808.
SECTION 4-13.305. MONITORING
(a) Monitoring Methods
Monitoring methods shall include at least one system for
detecting leakage from the primary container. A monitoring
system, capable of detecting that the hazardous material
stored in the primary containment has entered the secondary
containment, shall be provided. Visual inspection of the
primary containment is the preferred method; however, other
means of monitoring may be required. Where secondary con-
tainment may be subject to the intrusion of water, a means
of monitoring for such water shall be provided.
Whenever monitoring devices are provided, they shall, where
applicable, be connected to attention -getting visual and/or
audible alarms.
(b) 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 there-
with.
SECTION 4-13.306. MAINTENANCE, REPAIR OR REPLACEMENT.
(a) Permittee will carry out maintenance, ordinary upkeep, and
minor repairs in a careful and safe manner. No permit or
other approval will be required for such maintenance and
upkeep.
(b) Any substantial modification or repair of a storage facil-
ity other than minor repairs or emergency repairs shall be
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in accordance with plans to be submitted to the Officer and
approved in accordance with this Chapter 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 when-
ever 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 this Chapter by submitting
drawings or other information adequate to describe the
repairs to the Officer.
(d) Replacement of any storage facility for hazardous materi-
als, which are liquids or solids at STP, must be in ac-
cordance with the new installation standards of Section 4-
13.302.
SECTION 4-13.307. HANDLING.
(a) Dispensing and mixing of hazardous materials must not be
done in such a 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 mate-
rial and such movement shall be in a manner which will not
result in an unauthorized discharge.
SECTION 4-13.308. 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.
SECTION 4-13.309. EMERGENCY EQUIPMENT.
Emergency equipment shall be provided which is reasonable
and appropriate for potential emergencies presented by the
stored hazardous materials. Such equipment shall be regularly
tested and adequately maintained.
SECTION 4-13.310. POSTING OF EMERGENCY PROCEDURES.
Simplified emergency procedures shall be posted conspic-
uously in locations where hazardous materials are stored.
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ARTICLE 4. HAZARDOUS MATERIALS MANAGEMENT PLAN
SECTION 4-13.401. HAZARDOUS MATERIALS MANAGEMENT PLAN.
Each applicant for a permit pursuant to this Chapter shall
file a written plan, for 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 the Officer. The
HMMP shall be a public record except as otherwise specified.
Approval of the HMMP shall mean that the HMMP has provided
adequate information for the purposes of evaluating the permit
approval. Such approval shall not be understood to mean that
the Officer has made an independent determination of the adequa-
cy of that which is described in the HMMP.
SECTION 4-13.402. STANDARD FORM HMMP.
The standard form Hazardous Materials Management Plan must
be submitted unless the facility qualifies as a minimal storage
site under Section 4-13.403. The HMMP shall include the fol-
lowing:
(a) Facility Description.
General Information.
The HMMP shall contain the name and address of the
facility and business phone number of applicant, the
name and titles and emergency phone numbers of the
primary response person and an alternate, the number of
employees, number of shifts, hours of operation, and
principal business activity.
General Facility Description.
The HMMP shall contain a map drawn at a legible scale
and in a format and detail determined by the Officer.
It shall show the location of all buildings and struc-
tures, chemical loading areas, parking lots, internal
roads, storm and sewer drains, and shall specify the
uses of adjacent properties.
The Officer may also require information as to the
location of wells, flood plains, earthquake faults,
surface water bodies, and/or general land uses
(schools, hospitals, institutions, residential areas)
within one mile of the facility boundaries.
Facility Storage Map -
The HMMP shall contain a Facility Storage Map at a
legible scale for licensing and enforcement pur-
emm
poses. The information in this Section is provided
for purposes of ensuring the suitable and secure
storage of hazardous materials and for the protec-
tion and safe response personnel of the Officer.
The Officer shall take reasonable precautions to
ensure the confidentiality of the information pro-
vided pursuant to this Subsection.
The Facilities Storage Map shall indicate the loca-
tion 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 hazardous 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:
i. a floor plan to scale and the permit quantity
limit;
ii. for each nonwaste hazardous material which is
stored in a quantity greater than the quanti-
ties specified in Subsection (a) of Section
4-13.502, the general chemical name, common/
trade name, major constituents for mixtures,
United Nations (UN) or North America (NA)
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;
iii. 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 compressed
gases;
-15-
Quantity Range Number Range Amounts
2 Between 500 and 5,000 pounds for
solids, 55 and 550 gallons for li-
quids, and 200 and 2,000 cubic feet
at STP for compressed gases;
3 Between 5,000 and 25,000 pounds for
solids, 550 to 2,750 gallons for
liquids, and 2,000 to 10,000 cubic
feet at STP for compressed gases;
4 Between 25,000 and 50,000 pounds for
solids, 2,750 and 5,500 gallons for
liquids, and 10,000 and 20,000 cubic
feet at STP for compressed gases;
5 More than 50,000 pounds for solids,
5,500 gallons for liquids, and
20,000 cubic feet at STP for com-
pressed gases;
iv. for materials not regulated under this Chap-
ter, but regulated under the Uniform Fire
Code, such as radioactives or cryogens, or
for materials stored in storage facilities
exempted by Subsections (a) and (b) of Sec-
tion 4-13.1304, the Officer may require that
the hazard class or classes and the quantity
range of each such hazard class, using the
quantity ranges listed in Subsection iii
above, be provided;
V. 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.
b. Due to the threat to the security of the facility
posed by the disclosure of the information in the
Facility Storage Map, this information shall be
maintained by the officer for law enforcement pur-
poses only and shall not be made public. Public
disclosure of this information could endanger the
security of the facility or present a clear danger
to public health and safety. The officer 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 jurisdic-
tion. Permittee or permit applicant shall be
deemed a real party in interest in any such action.
Prompt notice of a lawsuit to compel disclosure
-16-
shall be given by the Officer to permittee or
permit applicant. However, the Officer shall be
under no duty to prevent disclosures where there
has been any unauthorized discharge of hazardous
materials stored in storage facility(s) shown on
such map or where such disclosure arises out of any
official emergency response relating to the storage
facility(s).
The Facility Storage Map shall be updated annually
or whenever an additional approval is required for
the facility or whenever the Hazardous Materials
Inventory Statement is required to be amended pur-
suant to Section 4-13.501.
(b) Hazardous Materials Inventory Statement.
A Hazardous Materials Inventory Statement shall be filed in
accordance with Article 5 of this Chapter.
(c) Separation of Materials.
The HMMP shall contain a description 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.
(d) Monitoring Program.
The HMMP shall contain a description of the locations,
type, manufacturer specifications (if applicable), and
suitability of monitoring methods to be used in each stor-
age facility storing hazardous materials which are liquids
or solids at STP. It shall also specify the frequency of
inspections of storage facilities which will be conducted
by the permittee.
(e) Recordkeeping Forms.
The HMMP shall contain an inspection check sheet or log
designed to be used in conjunction with routine inspec-
tions. The check sheet or log shall provide for the re-
cording of the date and time of inspection and, for moni-
toring activity, the date and time of any corrective action
taken, the name of the inspector, and the countersignature
of the designated safety manager for the facility or the
responsible official as designated in the HMMP.
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(f) Emergency Equipment.
The HMMP shall describe emergency equipment availability,
testing, and maintenance.
(g) Variation in Information.
1. Additional information may be required for the HMMP
where such information is reasonably necessary to meet
the intent of this Chapter.
2. Requirements for information in the HMMP may be waived
where such information is not reasonably necessary to
meet the intent of this Chapter.
3. Whenever permittee has submitted a plan which includes
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 sub-
mitted to the Officer in lieu of such component(s).
The City may give deference to any approval of such
plan by the other public agency.
SECTION 4-13.403. SHORT FORM HMMP; 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 facili-
ty is 500 pounds or less for solids, 55 gallons or less for
liquids, or 200 cubic feet or less 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. The short form HMMP shall also include a carcinogen
identification form which shall indicate the storage of
any quantity of any carcinogen listed in Sections 5208-
5215 and Section 5219 of Title 8 of the California
Administrative Code, as amended. This provision will
be satisfied by the submittal to Officer of a copy of
the Carcinogen Registration form submitted to the Cali-
fornia Department of Industrial Relations in accordance
with the above cited sections of Title 8 of the Cali-
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fornia Administrative Code, as amended.
4. Information describing that the hazardous materials
will be stored in a suitable manner and will be appro-
priately contained, separated and monitored;
5. Description of emergency equipment to be maintained;
6. Assurance that the disposal of any hazardous materials
will be in an appropriate manner.
(c) Where a claim for trade secret protection pursuant to
Section 4-13.504 is made for any carcinogen listed in
Sections 5208-5215 and Section 5219 of Title 8 of the
California Administrative Code, as amended, pursuant to
Subsection (b) 3 above, the Carcinogen Identification form
to be publicly disclosed shall identify all carcinogens not
claimed to be trade secrets and it shall indicate the
number of carcinogens claimed to be trade secrets.
ARTICLE 5. HAZARDOUS MATERIALS INVENTORY
SECTION 4-13.501. HAZARDOUS MATERIALS INVENTORY STATEMENT.
A Hazardous Materials Inventory Statement (HMIS) shall be
filed with the Officer 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 Subsection (a) of Section 4-13.502 is required to
file an HMIS. Such person, firm or corporation shall amend the
HMIS within thirty (30) days of the storage of any hazardous
material not listed thereon but required to be listed by Subsec-
tion (a) of Section 4-13.502 or of an increase above the quanti-
ty range listed in accordance with Subsection (c) of Section 4-
13.502 or required to be identified in accordance with Subsec-
tion (d) of Section 4-13.502.
SECTION 4-13.502. INFORMATION REQUIRED.
(a) Information shall be included in the HMIS for each hazard-
ous material stored in a facility (aggregated over all such
material stored in one or more storage facilities) where
the aggregate quantity throughout the facility is greater
than five hundred (500) pounds in weight for solids, great-
er than fifty-five (55) gallons for liquids, or greater
than two hundred (200) cubic feet at standard temperature
and pressure (STP) for compressed gases.
(b) The information in the HMIS shall include either:
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1. For non -wastes:
The general chemical name, common/trade name, major
constituents for mixtures, the manufacturer, United
Nations (UN) or North America (NA) number, if availa-
ble, and the hazard class or classes and the Material
Safety Data Sheet (MSDS) or equivalent information as
required by the Officer.
2. For wastes:
The Department of Health Services manifest for wastes
or equivalent information, 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 Subsection
(a) of Section 4-13.402.
(d) The HMIS shall also include a carcinogen identification
form which shall indicate the storage of any quantity of
any carcinogen listed in Sections 5208-5215 and Section
5219 of Title 8 of the California Administrative Code, as
amended. This provision will be satisfied by the submittal
to the Officer of a copy of the Carcinogen Registration
form submitted to the California Department of Industrial
Relations in accordance with the above cited sections of
Title 8 of the California Administrative Code, as amended.
(e) Where a claim for trade secret protection is made for any
hazardous material pursuant to Section 4-13.504, 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 hazard-
ous material stated in terms of the quantity ranges set
forth in Subsection (a) of Section 4-13.402. Where a claim
for trade secret protection is made for any carcinogen
identified pursuant to Subsection (d), the Carcinogen Reg-
istration form to be publically disclosed shall indicate
all carcinogens not claimed to be trade secrets and it
shall indicate the number of carcinogens claimed to be
trade secrets.
SECTION 4-13.503. 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 Officer responsible for
administering this Chapter.
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SECTION 4-13.504. TRADE SECRETS.
(a) Permittee or permit applicant may make a claim for the
protection of the identity of any hazardous material which
is its trade secret by filing a declaration under penalty
of perjury on a form provided by the Officer, signed by the
permittee or permit applicant, supporting the trade secret
status, for each such hazardous material asserted to be a
trade secret. The name of the hazardous material shall not
be disclosed on said declaration.
(b) The exact name of the trade secret material, its quantity
range by storage facility, and all other information re-
quired under Subsection (b) of Section 4-13.502 must, sub-
ject to the approval of the Officer be placed in a double -
keyed lockbox and maintained in at least two locations at
the facility. One key shall be provided to the Officer at
the time the permit becomes effective. The other key shall
be maintained on site at all times, and readily accessible
to permittee's designated emergency response person. Such
emergency response person shall cooperate with the Officer
in opening the lockbox at any time the Officer responds to
an emergency or unauthorized discharge on the site involv-
ing the storage facility in which the trade secret material
is contained. In the event that the permittee's designated
emergency response person is not immediately available to
assist the Officer's emergency response personnel to open
the lockbox, such personnel are authorized to break the
lockbox.
(c) In addition to providing the lockboxes, the permittee or
permit applicant shall provide information to the Officer
under one of the following alternatives:
1. Alternative One.
In lieu of submitting the exact chemical name of said
trade secret material, permittee or permit applicant
may submit a description of the hazardous material,
including but not limited to, the chemical and physical
properties, hazard class, reactivity characteristics,
fire and explosion characteristics, of the trade secret
material, at a level of specificity satisfactory to the
Officer and on a form provided by the Officer. The
description must include health hazard information
including remedies and countermeasures appropriate for
emergency response and in case of human exposure to the
trade secret material. Such description must be ade-
quate to enable the Officer to assess the suitability
of the proposed containment and the proposed monitoring
plan. The description must be certified as accurate,
in writing, by a chemist or chemical engineer; or
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it d
Alternative Two.
Instead of submitting the name of the trade secret to
the Officer, the trade secret information, together
with all submittals pursuant to this Chapter, may be
submitted to an independent chemical engineer or equi-
valent licensed professional, subject to approval by
the Officer, who shall certify, in writing, the suita-
bility of the containment design, the monitoring meth-
ods and plans, and the separation of materials, and the
accuracy of the facility storage map with regard to the
information relevant to the trade secret. All such
submittals remain subject to the Officer's review and
approval under this Chapter; or
Alternative Three.
The trade secret information sought to be protected may
be submitted to the Officer on a separate form or
forms, clearly and conspicuously marked or labeled as
containing trade secret information, and said form or
forms must be submitted only to the Officer. If this
method of protecting the trade secret information is
chose by permittee or permit applicant, such party
shall also submit a waiver, relieving the Officer of
any and all liability resulting from disclosure of the
trade secret in violation of this Article.
The Officer shall endeavor to protect from disclo-
sure any and all trade secrets which come into the
Officer's possession pursuant to this Subsection.
If an action is instituted under 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 compel disclosure shall be given by
the Officer to permittee or permit applicant
promptly upon receipt of such notice by the Offi-
cer. The permittee or permit applicant shall have
the option to defend in any such action. The
permittee or permit applicant shall indemnify the
Officer for all the officer's attorneys' fees,
costs and expenses incurred in any proceeding re-
lated to this Section, as well as for any judgment
imposed pursuant to California Government Code
Section 6259.
b. Any information reported to the Officer, under this
Subsection, which is exempt from disclosure pur-
suant to this Section, shall not be disclosed to
anyone other than as required by law, except an
officer or employee of the Officer in connection
with the official duties of such officer or employ-
:V*M
fir VJ
ee under any law for the protection of health, or
to contractors with the Officer and its employees,
if in the opinion of the Officer such disclosure is
necessary and required for the satisfactory per-
formance of a contract for performance of work.
Any person who by virtue of employment, contractual
relationship 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, intentionally or recklessly dis-
closes 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.
Information certified by appropriate officials of
the United 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 of the City shall, by resolution,
adopt a procedure designed to prevent knowing or
negligent disclosure of trade secret information.
Such procedures 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
inadvertent or unauthorized access or disclosure.
The confidential treatment, pursuant to this Sub-
section, of the identity of such trade secret dis-
closed to the Officer does not apply where there
has been any unauthorized discharge related to such
trade secret material which is reportable in com-
pliance with Section 4-13.601 or where such dis-
closure arises out of any official emergency re-
sponse relating to the storage facility(s) involv-
ing such trade secret information by public safety
personnel of the Officer.
M*15
{i✓ J
ARTICLE 6. RESPONSIBILITY.
SECTION 4-13.601. REPORTING 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 discovery and
containment and cleanup of such discharge and shall notify the
Officer of the occurrence as required by this Subsection.
Confirmed Unauthorized Discharge.
a. Recordable Unauthorized 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 permit -
tee's monitoring records. A recordable unauthor-
ized discharge is any unauthorized discharge of a
hazardous material which meets all of the following
criteria:
The discharge is from a primary containment
to a secondary containment or to a rigid
above ground surface covering capable of
containing the discharge until cleanup of the
hazardous material is completed; and
ii. The permittee is able to adequately clean up
the discharge before it escapes from such
secondary containment or such above ground
surface, but if the cleanup requires more
than eight (8) hours, it becomes a reportable
discharge in accordance with this Chapter.
iii. There 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.
iv. An otherwise recordable unauthorized dis-
charge does not need to be recorded if the
discharge is not the result of the deteriora-
tion or failure of the primary container and
the quantity discharged is less than one (1)
ounce by weight, and can be cleaned up within
fifteen (15) minutes.
6Z-0
b. Reportable Unauthorized Discharge.
Any unauthorized discharge which is not determined
to be recordable under this Chapter must be report-
ed to the Officer immediately. The reporting party
shall provide information to the officer relating
to the ability of permittee to contain and dispose
of the hazardous material, the estimated time it
will take to complete containment and disposal, and
the degree of hazard created. The Officer may
verify that the hazardous material is being con-
tained and appropriately disposed. The Officer at
any time upon a determination that permittee is not
adequately containing and disposing of such hazard-
ous material, shall have the power and authority to
undertake and direct an emergency response in order
to protect the public health and/or safety.
Unconfirmed Unauthorized Discharge.
a. Indication of Loss in Inventory Records.
Whenever a material balance or other inventory
record, employed as a monitoring technique under
the HMMP, indicates a loss of hazardous material,
and no unauthorized discharge has been confirmed by
other means, permittee shall have five (5) working
days 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 (a) of Section 4-13.601.
b. Test Results
Whenever any test results suggest a possible unau-
thorized discharge, and no unauthorized discharge
has been confirmed by other means, the permittee
shall have five (5) working days to retest. If
second test results obtained within that period
establish that there has been no unauthorized dis-
charge, 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
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proceed in accordance with subsection (a) of Sec-
tion 4-13.601.
(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 Officer if such discharge presents a
threat of imminent danger to public health and safety.
(c) Office of Emergency Services.
The Officer shall submit a written report to the Office of
Emergency Services within ten (10) working days from the
date that the Officer is notified of an unauthorized dis-
charge from an underground storage tank.
SECTION 4-13.602. CLEANUP RESPONSIBILITY.
Any person, firm or corporation responsible for storing the
hazardous material shall institute and complete all actions
necessary to remedy the effects of any unauthorized discharge,
whether sudden or gradual. The Officer 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 Officer to do so. The responsible party
shall be liable to reimburse the Officer for all costs incurred
by the Officer in remedying the effects of such unauthorized
discharge, including the costs of fighting fires to the extent
allowed 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 action to remedy the ef-
fects of unauthorized discharge(s) shall not be barred by this
Chapter from seeking to recover appropriate costs and expendi-
tures from other responsible parties except as provided by
Section 4-13.603.
SECTION 4-13.603. INDEMNIFICATION.
The permittee shall indemnify, hold harmless and defend the
Officer and the City against any claim, cause of action, disa-
bility, 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 from the Officer's sole willful act or sole active
negligence.
Cl.
(40 40
ARTICLE 7. INSPECTIONS AND RECORDS.
SECTION 4-13.701. INSPECTIONS BY THE OFFICER.
The Officer 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.
Permittees are not required to disclose the identity of
hazardous materials protected as trade secrets pursuant to Sec-
tion 4-13.504 to anyone other than the official designated for
that purpose pursuant to Section 4-13.504 except in the case of
an emergency response or an unauthorized discharge related to
the storage facility in which the trade secret material is
contained. Therefore, permittee may put temporary coverings
over the labels of trade secret materials during the course of
inspections conducted by other than the Officer so designated.
(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 b1+ Officer Discretionary.
All inspections specified herein shall be at the discretion
of the Officer and nothing in this Chapter shall be con-
strued as requiring the Officer to conduct any such inspec-
tion 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 Officer 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.
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SECTION 4-13.702. INSPECTIONS BY PERMITTEE.
The permittee shall conduct regular inspections of its own
facilities to assure compliance with this chapter and shall
maintain logs or file reports in accordance with its Hazardous
Materials Management Plan. The inspector conducting such in-
spections shall be qualified to conduct such inspections.
SECTION 4-13.703. SPECIAL INSPECTIONS.
In addition to the inspections specified above, the Officer
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.
(a) The special inspector shall be a qualified person or firm
who shall demonstrate expertise to the satisfaction of the
Officer.
(b) The special inspection report shall include an evaluation
of the facilities and recommendations consistent with the
provisions of this Chapter where appropriate. A copy of
the report shall be filed with the Officer at the same time
that it is submitted to permittee.
(c) Permittee shall, within thirty (30) days of said report,
file with the Officer a plan to implement all recommenda-
tions, or shall demonstrate to the satisfaction of the
Officer why such recommendations shall not be implemented.
SECTION 4-13.704. SUBSTITUTED INSPECTIONS.
An inspection by an employee of any other public agency may
be deemed by the Officer as a substitute for any requirement
above.
SECTION 4-13.705. MAINTENANCE OF RECORDS.
All records required by this Chapter shall be maintained by
the permittee for a period of not less than three (3) years.
Said records shall be made available to the Officer during
normal working hours and upon reasonable notice.
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ARTICLE 8. APPLICATION FOR PERMIT.
SECTION 4-13.801. PERMIT.
Any person, firm, or corporation which stores any hazardous
material shall obtain and keep current a Hazardous Materials
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 4-
13.306, substantially modified, replaced, closed or removed, or
for any change or addition in hazardous materials stored, not in
accordance with the prior approval. Notwithstanding the above,
permittee shall have thirty (30) days to apply for an additional
approval for the storing of a new or different hazardous mate-
rial with the same hazard class as stated on the existing permit
approvals where such storage does not increase the hazard of
fire or explosion or the hazard of the production of flammable
or poisonous gas. Storage of new or different hazardous mate-
rials, not meeting all of these criteria, shall require the
prior additional approval.
SECTION 4-13.802. APPLICATION FOR PERMIT.
Application for a new, amended, or renewed permit or an
additional approval shall be made to the designated Officer on
the form provided by the Officer. In addition to the informa-
tion required by such form, applicant shall submit the Hazardous
Materials Management Plan required by Section 4-13.401 and con-
struction plans, if any, in conformity with Section 4-13.301.
Applicant shall specify the permit quantity limit requested to
be permitted for each storage facility.
SECTION 4-13.803. INVESTIGATION.
The Officer to whom an application for a new or renewed
permit is made may make such investigation of the applicant and
the proposed facility or activity as such Officer deems neces-
sary to carry out the purposes of this Chapter.
SECTION 4-13.804. APPROVAL OF PERMIT.
A permit shall not be approved until the issuing Officer is
satisfied that the storage approved adequately conforms to the
provisions of this Chapter.
SECTION 4-13.805. PROVISIONAL PERMIT.
If the officer to whom application has been made finds that
the proposal does not completely conform to the provisions of
this Chapter, the Officer may approve a provisional permit,
subject to conditions to be imposed by the Officer, when such a
provisional permit is feasible and does not appear to be detri-
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V J
mental to the public interest. The applicant must be informed
in writing of the reasons why a full term permit was not issued.
SECTION 4-13.806. TEMPORARY PERMIT
Temporary Permit for storage may be issued where storage
does not exceed 30 days and occurs no more frequently than every
six months. The Containment Standards of Article 3, the Hazard-
ous Materials Management Plan of Article 7 and the Inspection
and Records requirements of Article 4 may be modified as appro-
priate under these circumstances for the storage of hazardous
materials on a non -regular temporary basis.
SECTION 4-13.807.
ISSUANCE
OF
PERMITS.
(a) Issuance.
Upon the approval of a temporary, provisional, or full term
permit by the Officer and upon the payment of any applica-
ble fee, the Officer 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 ap-
proved hazard class or classes for the storage facili-
ty(s);
4. The date the permit is effective;
5. The date of expiration;
6. When applicable, a designation that the permit is pro-
visional or temporary;
7. Any special conditions of the permit.
(b) Records.
The Officer shall keep a record of all permits issued and
all conditions attached thereto.
SECTION 4-13.808. ADDITIONAL APPROVALS.
(a) When a request for an additional approval is filed as
required by Section 4-13.801, the procedures set forth in
this chapter for an application for a permit shall also
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apply to an application for an additional approval. Each
application for an additional approval shall be accompanied
by an appropriate amendment to the HMMP.
(b) If the additional approval request is for closure of a
storage facility, permittee shall apply for approval to
close such storage facility not less than thirty (30) days
prior to the termination of the storage of hazardous mate-
rials at the storage facility. Such closure shall be in
accordance with a closure plan which describes procedures
for terminating the storage of hazardous materials in each
storage facility in a manner that:
1. Minimizes the need for further maintenance; and
2. Controls 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 eli-
minated; and
3. Demonstrates that hazardous materials that were stored
in the storage facility will be removed, disposed of,
neutralized, or reused in an appropriate manner. This
thirty (30) day period may be waived by the Officer if
there are special circumstances requiring such waiver.
SECTION 4-13.809. TERM.
A permit may be issued for a term of five (5) years, ex-
cepting provisional permits which may be issued for any period
of time up to six (6) months and temporary permits which may be
issued for no longer than thirty (30) days.
SECTION 4-13.810. RENEWAL.
Every application for the renewal of a permit or extension
of a provisional permit shall be made at least thirty (30) days
prior to the expiration date of such permit. If a timely appli-
cation for renewal has been submitted, the permit shall remain
in effect until the Officer has made its determination pursuant
to Section 4-13.811 and any administrative appeal pursuant to
Article 9 has been exhausted.
SECTION 4-13.811. DETERMINATION.
The Officer 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 compliance with the appropriate provisions of
the California Environmental Quality Act (CEQA), has been com-
pleted, whichever occurs later. This time limit may be further
extended by mutual agreement between the Officer and the appli-
cant.
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SECTION 4-13.812. FEES.
The City shall establish fees by Resolution sufficient to
recover its costs in administering this Chapter and no applica-
tion shall be accepted unless and until the fees have been paid.
(a) Delinquent Fees.
All permit fees delinquent for thirty (30) days or more
shall be subject to an additional charge to be determined
by the Officer 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 permit-
tee discontinues 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.
SECTION 4-13.813. TRANSFER OF PERMIT.
The permit may be transferred to new owners of the same
business only if the new owners accept responsibility for all
obligations under this Chapter at the time of the transfer of
the business and document such transfer on a form provided by
the Officer within thirty (30) days of transfer of ownership of
the business. Such transfer shall be subject to the approval of
the Officer.
SECTION 4-13.814. EFFECTIVE DATE OF PERMIT.
No permit shall become effective until the permit 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.
SECTION 4-13.901. DENIAL OF APPLICATION.
If the Officer to whom application has been made has cause
to deny the application and determines that it would not be
feasible or in the public interest to approve a temporary or
provisional permit, then the Officer shall deny the application.
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SECTION 4-13.902. GROUNDS FOR DENIAL.
A permit shall be denied if the applicant fails to demon-
strate adequate conformity to the 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.
SECTION 4-13.903. 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.
SECTION 4-13.904. APPEAL TO CITY COUNCIL.
Within thirty (30) days from the date of deposit of the
decision in the mail in accordance with Section 4-13.1102, the
applicant may appeal, in writing, to the City Council or the
City by filing the appeal with the City Clerk of the City.
SECTION 4-13.905. HEARING ON APPEAL.
The City Clerk 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 ten (10) working days from
the date the appeal was received by the City Clerk. The hearing
shall be conducted within thirty (30) days from the date the
appeal was received by the City Clerk.
SECTION 4-13.906. DISPOSITION OF APPEAL.
After the hearing on the appeal, the City Council may refer
the matter back to the originating Officer for a new investiga-
tion and decision, may affirm the decision of the originating
Officer, may approve a provisional permit as provided in Section
4-13.805 or may approve the application with or without condi-
tions. The decision of the City Council shall be the final
administrative determination and is subject to judicial review.
ARTICLE 10. REMEDIAL ACTION.
SECTION 4-13.1001. 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:
(a) Fraud, willful misrepresentation, or any willful inaccurate
or false statement in applying for a new or renewed permit;
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(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 other than the officer;
(e) Failure to abide by the remedial action imposed by the
Officer.
SECTION 4-13.1002. NOTICE OF NONCOMPLIANCE.
Unless the Officer finds that an immediate suspension under
Section 4-13.1004 is necessary to protect the public health or
safety from imminent danger, the Officer shall issue a notice of
noncompliance:
(a) For failure to comply with the provisions of this Chapter,
any permit conditions or any provisions of the Hazardous
Materials Management Plan; or
(b) Before instituting remedial action pursuant to Subsection
(d) of Section 4-13.1001. Such notice shall be sent by
certified mail to permittee. If the noncompliance is not
abated, corrected, or rectified within the time specified,
remedial action may be taken.
SECTION 4-13.1003. NOTICE OF HEARING.
A notice of hearing shall be given to the permittee by the
Officer 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.
SECTION 4-13.1004. SUSPENSION PRIOR TO HEARING.
Whenever the Officer finds that suspension of a permit
prior to a hearing for remedial action is necessary to protect
the public health or safety from immanent danger, the Officer
may immediately suspend any permit pending the hearing for
remedial action. The officer shall immediately notify the per-
mittee 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.
CxZC
SECTION 4-13.1005. REMEDIAL ACTION.
If the Officer after the hearing, finds that cause exists
for remedial action, the Officer shall impose one or more of the
following:
(a) A warning;
(b) An order to correct the particular noncompliance specified
in the notice issued pursuant to Section 4-13.1002.
(c) A revocation of the permit for the facility or for a stor-
age facility and approval of a provisional permit;
(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) Revocation 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 Subsections
(c), (d) or (e) of Section 4-13.1001 and if such grounds are
limited to one storage facility, the remedial action taken shall
be limited to that storage facility.
SECTION 4-13.1006. TRANSMITTAL OF DECISION.
Within ten (10) days of the hearing the Officer shall
render a written opinion, stating the findings upon which the
decision is based and the action taken, if any. The decision of
the Officer shall be the final administrative determination and
is subject to judicial review.
SECTION 4-13.1007. AUTHORITY AFTER SUSPENSION, REVOCATION OR
EXPIRATION.
The suspension, revocation or expiration of a permit issued
under this Chapter shall not prevent any proceedings to investi-
gate such permit, any remedial action against such permittee or
any proceeding against such permittee.
SECTION 4-13.1008. RETURN OF PERMIT.
In the event that a permit issued under the provisions of
this Chapter is suspended or revoked, the permittee shall for-
ward it to the issuing Officer not later than the end of the
third business day after notification of such suspension or
revocation.
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ARTICLE 11. HEARING PROCEDURE.
SECTION 4-13.1101. 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.
SECTION 4-13.1102. HEARING NOTICES.
All notices required by this Article 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. ENFORCEMENT.
SECTION 4-13.1201. CRIMINAL PENALTIES.
Criminal sanctions may be sought for violations of this
Chapter, to the extent available under existing municipal code
provisions.
SECTION 4-13.1202. CIVIL PENALTIES.
Any person, firm, or corporation who intentionally or neg-
ligently violates any provision of this Chapter, except that an
unauthorized discharge which is recordable and recorded in com-
pliance with Section 4-13.601 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 ($500.00) 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 rele-
vant circumstances, including, but not limited to, the follow-
ing:
(a)
The
extent of
harm or potential harm caused by the viola-
tion;
(b)
The
nature and
persistence of the violation;
(c)
The
length of
time over which the violation occurred;
(d)
The
frequency
of past violations;
(e)
The
permittee's
record of maintenance;
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(f) Corrective action, if any, taken by the permittee.
In any civil action brought pursuant hereto, in which the
officer prevails, the court shall determine and impose reasona-
ble expenses, including attorneys' fees, incurred by the Officer
in the investigation and prosecution of the action.
SECTION 4-13.1203. CIVIL ACTION FOR RETALIATION.
A civil action may be instituted against any employer by
any employee who has been discharged, demoted, suspended, or in
any other manner discriminated against in terms or conditions of
employment, or threatened with any such retaliation, because
such employee has, in good faith, made any oral or written
report or complaint related to the enforcement of this Chapter
to any company official, public official or union official, or
has testified in any proceeding in any way related thereto. In
addition to any actual damages which may be awarded, damages
shall include costs and attorney's fees. The Court may award
punitive damages in a proper case.
SECTION 4-13.1204. REMEDIES NOT EXCLUSIVE.
Remedies under this Section are in addition to and do not
supersede or limit any and all other remedies, civil or crimi-
nal.
ARTICLE 13. MISCELLANEOUS.
SECTION 4-13.1301. DISCLAIMER OF LIABILITY.
(a) The degree of protection required by this Chapter is con-
sidered reasonable for regulatory purposes. 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 or the Officer,
respectively, for any damages that result from reliance on
this Chapter or any administrative decision lawfully made
thereunder. All persons handling, storing, using, proces-
sing, and disposing of hazardous materials within the City
should be and are advised to determine to their own satis-
faction the level of protection in addition to that re-
quired by this Chapter necessary or desirable to ensure
that there is no unauthorized discharge of hazardous mate-
rials.
(b) This Chapter is not intended to create any different stan-
dard or obligation for the storage of carcinogens than is
imposed for the storage of other hazardous materials. Haz-
ardous materials are identified as carcinogens herein for
public record purposes only and the identification of a
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material as a carcinogen shall not require a different or
stricter application of the provisions of this Chapter, nor
notice to any person under any circumstances other than
those expressly specified in this Chapter, nor shall such
identification create any other duty or obligation upon the
officer different from or additional to those duties or
obligations applicable to the storage of other hazardous
materials.
SECTION 4-13.1302. GUIDELINES.
Copies of the Guidelines approved by the Officer shall be
maintained in the Office of the City Clerk of the City, and in
the office of the department of the County or the special dis-
trict designated by the County to administer this Chapter,
respectively. Such guidelines, in the areas addressed therein,
shall serve as an interpretation of this Chapter.
SECTION 4-13.1303. DUTIES ARE DISCRETIONARY.
Subject to the limitations of due process, notwithstanding
any other provision of this code whenever the words "shall" or
"must" are used in establishing a responsibility or duty of the
Officer, its elected or appointed officers, employees, or a-
gents, it is the legislative intent that such words establish a
discretionary responsibility or duty requiring the exercise of
judgment and discretion.
SECTION 4-13.1304. CONFLICT WITH OTHER LAWS.
Notwithstanding any other provision 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 at seq., it shall be exempted from any
provision of this Chapter which is covered by the regula-
tions adopted under the above cited statute.
(c) Whenever any provision of this Chapter conflicts with the
Fire Code as adopted by the City, the stricter shall pre-
vail.
SECTION 4-13.1305. SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of
this Chapter is for any reason held to be invalid or unconstitu-
tional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining
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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 unconstitu-
tional.
ARTICLE 14. COMPLIANCE SCHEDULE.
SECTION 4-13.1401. EFFECTIVE DATE.
The effective date of this Chapter is thirty (30) days from
the date of passage of the Ordinance adopting this Chapter.
SECTION 4-13.1402. TIME TABLE FOR INITIAL COMPLIANCE.
(a) New Storage Facilities:
1. As of the effective date of this Chapter, a Hazardous
Materials Storage Permit for a facility must be ob-
tained 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 Stor-
age Permit.
(b) Existing Storage Facilities:
1. A facility which has any existing hazardous materials
storage facilities or had obtained a building permit
for such a storage facility prior to the effective date
of this Chapter, and to which no new storage facility
is added, shall have one (1) year from such effective
date to file a completed application for a Hazardous
Materials Storage Permit, including a monitoring plan
in accordance with Section 4-13.303. The time limita-
tion for determination specified in Section 4-13.811
shall not apply but the applicant shall be deemed to
have a provisional permit of indefinite term, until the
Officer makes such determination.
2. Notwithstanding the above, a Hazardous Material Inven-
tory Statement, if applicable, must be filed within
ninety (90) days of the effective date of this Chapter.
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SECTION 3. EFFECTIVE DATE. POSTING.
This Ordinance shall be in full force and effect thirty (30) days
from and after its passage, and shall be posted within the City of the
Town of Los Altos Hills in three (3) public places.
INTRODUCED at a regular meeting of the City Council held this
7th day of DeceudU r , 1983, and, thereafter, PASSED AND ADOPTED
at a regular meeting of the City Council held this 21st day of December
1983, by the following roll call vote:
AYES: Councilmember: Allison, Perkins, Proft, van Ta len
NOES. Councilmember: None
ABSENT: Councilmember: Hillestad
ATTEST:
CITY CLERK
BY �� ( .
MAYOR
40