HomeMy WebLinkAbout287V 10
ORDINANCE NO. 287
AN ORDINANCE OF THE CITY OF THE T04711 OF LOS ALTOS HILLS
AMENDING CHAPTER 13 ENTITLED "HAZARDOUS MATERIALS
STORAGE" OF TITLE 4 OF THE LOS ALTOS HILLS
MUNICIPAL CODE
The City Council of the City of the TOWN OF LOS ALTOS HILLS
DOES ORDAIN as follows:
SECTION 1. AMENDMENT OF CODE.
Section 4-13.103 of Chapter 13 of Title 4 of the Tom Of LOS Altos Hills
Municipal Code hereby is amended by amending Subsection
(d) thereof to read as follows:
Section 4-13.103. Specific Obligation.
(d) The City 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 the City 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 City's storage facility
may be situated. Any other city, county, 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,
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shall obtain and keep current a permit from the
City which conforms at a minimum to Section 25284
and 25284.1 of the Health and Safety Code.
SECTION 2. AMENDMENT OF CODE.
Section 4-13.302 of Chapter 13 of Title 4 of the Town of Los Altos Hills
Municipal Code hereby is amended as follows:
(A)By Amending Subsection (b) thereto read as follows:
Section 4-13.302. New Storage Facilities.
(b) Monitoring Capability.
All new storage facilities intended for
the storage of hazardous materials which are
liquids or solids at standard temperature and
pressure (STP) shall be designed and constructed
with a monitoring system capable of detecting
that the hazardous material stored in the primary
containment has entered the secondary containment.
Visual inspection of the primary containment
is the preferred method; however, other means
of monitoring may be required by City. Where
secondary containment may be subject to the
intrusion of water, a means of monitoring for
water intrusion and for safely removing
the water shall also be provided.
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Whenever monitoring devices are provided, they
shall, where applicable, be connected to attention -
getting visual anti/or audible alarms.
(B) Amending the first paragraph of Subsection
(c) ther@of by deleting therefrom the second sentence reading
as follows:
"It is anticipated that a follow-up task
force will develop construction and monitoring
standards for gases."
(C) By amending the Title of Paragraph 4 thereof
to read as follows:
"4. Variance -Secondary Containment."
(D) By amending Subsection (e) thereof to read
as follows: (e) Separation of Materials.
Materials that in combination may cause
a fire or explosion, or the production of a
flammable toxic, or poisonous gas, or the
deterioration of a primary or secondary container
shall be separated in both the primary and
secondary containment so as to avoid potential
intermixing.
(E) By amending Subsection (f) thereof to read
as follows:
(f) Drainage System.
Drainage of water entering by precipitation
or infiltration from within a storage facility
containing hazardous materials which are liquids
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or solids at STP shall be controlled in a manner
approved by the City so as to prevent hazardous
materials from being discharged. No drainage
system will be approved unless the flow of
the drain can be controlled. The facility
shall contain a means of removing the water
by the owner or.operator. This removal system
shall also provide for a means of analyzing
the removed water for hazardous substance
contamination and a means of disposing of the
water, if so contaminated, at an authorized
disposal facility.
SECTION 3. AMENDMENT OF CODE.
Section 4-13.303 of Chapter 13 of Title 4 of the Town of Los Altos Hills
Municipal Code hereby is amended by amending the first paragraph
thereof and amending Subsections (b), (c) and (d) thereof,
respectively, to read as follows:
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 17.68.160,
may be permitted pursuant to this Chapter as long
as it is providing suitable storage for hazardous
materials. The owner shall outfit the facility
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with a monitoring system capable of detecting unauthorized
releases of any hazardous substances stored in the
facility, and thereafter the operator shall monitor each
facility, based on the materials stored and the type of
monitoring installed. In addition, storage facilities
which contain hazardous materials which are liquids or
solids at standard temperature and pressure (STP)
must be monitored in accordance with a plan approved
by City as set forth herein.
(b) Monitoring under such plan shall include visual
inspection of the primary containment wherever practical;
however, if the visual inspection is not practical,
an alternative method of monitoring each storage facility
on a monthly or more frequent basis may be required
by the City.
(c) Alternative method(s) of monitoring may include
but are not limited to: pressure testing, vacuum
testing or hydrostatic testing of the piping systems
or underground storage tanks; groundwater monitoring
well(s) which are downgradient and adjacent to the
storage facility; vapor analysis within the well(s)
where appropriate; and analysis of the soil boring(s)
at the time of initial installation of the well(s).
The location and number of well(s), depth of well(s),
and sampling frequency shall be approved by the City.
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(d) Such monitoring devices and methods, as approved
by City, shall be installed and operating within six (6)
months of the issuance of a provisional permit in
accordance with Section 4-13.805 and any other applicable
provisions of this Chapter. City
may grant an extension of this compliance date;
however, such extension shall not exceed one (1)
additional year. The full term permit may be issued
when compliance with this Subsection has been achieved.
No monitoring systems required by this Section shall
be installed later than January 1, 1985 or the date
specified in Section 25284.1 of Chapter 6.7 of Division
20 of the Health and Safety Code, whichever date is later.
SECTION 4. AMENDMENT OF CODE.
Chapter 13 of Tittle 4 of the Town of los Altos Hills
Municipal Code hereby is amended by adding thereto Section
4-13.505 to read as follows:
Section 4-13.505.
Report to the State Water Resources Control Board.
The City will require its permit applicants and permittees
to fill out, in addition to forms required for City's
own purposes under this Chapter,. standardized forms
based on the application form and annual report form
prepared by the State Water Resources Control Board
as specified by California Health and Safety Code Section
25283.2, and City will forward these forms to the State
Water Resources Control Board.
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'However, where any of the information required on
such standardized forms is claimed by the permit applicant
or permittee to be a trade secret, the permit applicant
or permittee shall leave that portion of the form submitted
to City blank, except to indicate the words "trade secret",
and the permit applicant or permittee shall thereafter,
within ten (10) days of submitting the incomplete form to
City, submit the completed form including the trade secret
information directly to the State Water Resources Control
Board. City shall have no obligation to protect as a trade
secret, any information which is furnished to it for forwarding
to the State Water Resources Control Board on these
standardized forms.
SECTION 5.
Section 4-13.601 of Chapter 13 of Title 4 of the Town of Los Altos Hills
Municipal Code hereby is amended as follows:
(A) By amending Subparagraph lb of Subsection (a)
thereof to read as follows:
Section 4-13.601. Reporting Unauthorized Discharge.
(a) Liquids and Solids at STP.
1. Confirmed Unauthorized Discharge.
b. Test Results. Whenever any test results
suggest a possible unauthorized discharge, and
no unauthorized discharge has been confirmed
by other means,the permittee shall have five
(5) working days to retest. If second test
results obtained within that period establish
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that there has been no unauthorized discharge,
the results of both tests shall be recorded
in permittee's monitoring records. If it has
not been established within such period that
there has been no unauthorized discharge, an
unauthorized discharge is deemed confirmed
and permittee shall proceed in accordance with
subsection (a) of this Section.
(B) By adding Subsections (b) and (c) thereto to read
as follows:
Section 4-13.601. Reporting Unauthorized Discharge.
(b) Gases at STP.
Any person in charge of a storage facility
or responsible for emergency response for a
storage facility, who has knowledge of any
unauthorized discharge of a hazardous material
which is a gas at STP, must immediately report
such discharge to the City if such discharge
presents a threat of imminent danger to public
health and safety.
(c) Office of Emergency Services.
The City shall submit a written report to the
Office of Emergency Services within ten (10) working
days from the date that the..City is notified of an
unauthorized discharge from an underground storage tank.
SECTION 6.
Section 4-13.805 of Chapter 13 of Title 4 of the Tann of Los Altos Hills
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Municipal Code hereby is amended to read as follows:
Section 4-13.805. Provisional Permit.
If the Officer to whom an 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 provisional permit
isfeasibleand does not appear to be detrimental to
the public interest. Such permit shall not be issued
unless the applicable minimum requirements of Section 25284 or Section
25284.1 of Chapter 6.7 of Division 20 of the Health
and Safety Code have been complied with. The applicant
must be informed in writing of the reasons why a full
term permit was not issued.
SECTION 7.
Section 4-13.1002 of Chapter 13 of Title 4 of the Town of Los Altos Hill!
Municipal Code. hereby is amended to read as follows:
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:
1. For failure to comply with the provisions of
this Chapter, any permit conditions or any provisions
of the Alaaardous Materials Management Plan; or
2. Before instituting remedial action pursuant to
Subsection (d) of Section 4-13.1001 such notice shall
be sent by certified mail to permittee.
SECTION 8. EFFECTIVE DATE; POSTING.
This Ordinance shall be in full force and effect commencing
thirty (30) days from and after the date of its final 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 March , 1984, and thereafter PASSED AND
ENACTED at a regular meeting of the City Council held this 21st
day of March , 1984, by the following roll call vote:
AYES: Councilmembers: Allison, Perkins, Proft and van Tamelen
NOES: Councilmembers: None
ABSENT: Councilmembers: Hillestad
ATTEST:
CITY CLERK
BY --
gAYOR