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74 ORDINANCE NO. 74 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING RULES, REGULATIONS, AND MINIMUM STANDARDS FOR THE STORAGE OF HAZARDOUS SUBSTANCES IN UNDERGROUND STORAGE TANKS. WHEREAS, Chapter 4046, an act to add Sections 25150.1 to and to add Chapter 6.7 (commencing with Section 25280) to Division 20 of the Health and Safety Code of the State of California relating to hazardous substances, was approved by the Governor September 23, 1983, and becomes effective on January 1, 1984; and WHEREAS, the City Council of the City of Grand Terrace finds, determines, and declares that underground tanks used for the storage of hazardous substances and wastes are potential sources of contamination of the ground and underlying aquifers and may pose other dangers to the public health and the environment; and WHEREAS, said City Council finds that it is in the public interest, safety, and welfare to establish rules, regulations, and minimum standards for the prevention of contamination from and improper storage of hazardous substances stored underground; and WHEREAS, it is the intent of the City Council in adopting this Ordinance to establish orderly procedures that will ensure that newly constructed underground storage tanks meet appropriate standards and that existing tanks be properly maintained, inspected, and tested so that the health, property, and resources of the citizens of the City of Grand Terrace will be protected; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Requirements for Storage Tanks Installed after January 1, 1984 - Every undergroun storage tank installed after January 1, 1984, shall meet the following requirements: a. Be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in them in accordance with the following performance standards: (1) Primary containment shall be product-tight; (2) Secondary containment shall be constructed to prevent structural weakening as a result of contact with any released hazardous substances, and also shall be capable of storing, for the maximum anticipated period of time necessary for the recovery of any released hazardous substance; (3) In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank; (4) In the case of multiple primary tanks, the secondary container shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the aggregate internal volume of all primary tanks, whichever is greater; (5) If the facility is open to rainfall , then the secondary containment must be able to additionally accommodate the volume of a 24-hour rainfall as determined by a 100-year storm history; (6) Single-walled containers do not fulfill the requirement of an underground storage tank providing both a primary and a secondary containment; (7) The design and construction of underground storage tanks for motor vehicle fuels storage need not meet the requirements of paragraphs (1) to (6), inclusive, if the primary containment construction is of glass fibre reinforced plastic, cathodically protected steel , or steel clad with glass fibre reinforced plastic, any such alternative primary containment is installed in conjunction with a system that will intercept and direct a leak from any part of the tank to a monitoring well to detect any release of motor vehicle fuels stored in the tank and which is designed to provide early leak detection, response, and to protect groundwater from releases, and if the monitoring is in accordance with the alternative method identified in paragraph (3), subdivision b. of Section 2. Pressurized piping systems connected to underground storage tanks used for the storage of motor vehicle fuels and monitored in accordance with paragraph (3) of subdivision b. of Section 2 shall also be deemed to meet the requirements of this subdivision; b. Be designed and constructed with a monitoring system capable of detecting the entry of the hazardous material stored in the primary containment into .the secondary containment. If water could intrude into the secondary containment, a means of monitoring for water intrusion and for safely removing the water shall also be provided; c. When required by the City, a means of overfill protection for any primary tank, including an overfill prevention device or an attention-getting higher level alarm, or both. Primary tank filling operations of underground storage tanks containing motor vehicle fuels which are visually monitored and controlled by a facility operator satisfy the requirements of this paragraph; d. Different substances that in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container shall be separated in both the primary and secondary containment so as to avoid potential intermixing; - 2 - e. If water could enter into the secondary containment by precipitation or infiltration, the facility shall contain a means of removing the water by the owner or operator. This removal system shall also provide for a means of analyzing the removed water for hazardous substance contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility. SECTION 2. Requirements for Underground Storage Tanks Installed on or before January 1, 19 - For every underground storage tank insta a on or before January and used for the storage of hazardous substances, the following actions shall be taken: a. On or before January 1, 1985, the owner shall outfit the facility with a monitoring system capable of detecting unauthorized releases of any hazardous substances stored in the facility and, thereafter, the operator shall monitor each facility, based on materials stored and the type of monitoring installed; b. Provide a means for visual inspection of the tank, wherever practical , for the purpose of the monitoring required by subdivision a. of this Section. Alternative methods of monitoring the tank on a monthly, or more frequent basis, may be required by the City, consistent with the regulations of the State Water Resources Control Board. The alternative monitoring methods include, but are not limited to, the following methods: (1) Pressure testing, vacuum testing, or hydrostatic testing of the piping systems or underground storage tanks; (2) A groundwater monitoring well or wells which are down gradient and adjacent to the underground storage tank, vapor analysis within a well where appropriate, and analysis of soil borings at the time of initial installation of the well . The State Water Resources Control Board shall develop regulations specifying monitoring alternatives. The City, or any other public agency specified by the City, shall approve the location and number of wells, the depth of wells, and the sampling frequency, pursuant to this Ordinance; (3) For monitoring tanks containing motor vehicle fuels, daily gauging and inventory reconciliation by the operator, if inventory records are kept on file for one year and are reviewed quarterly, the tank is tested for rightness hydrostatically or, when appropraite with pressure between three and five pounds, inclusive, per square inch at time intervals specified by the State Water Resources Control Board and whenever any pressurized system has a leak detection device to monitor for leaks in the piping. The tank shall also be tested for tightness hydrostatically or where appropriate, with pressure between three and five pounds, inclusive, per square inch whenever there is a shortage greater than the amount which the State Water Resources Control Board shall specify by regulation. - 3 - SECTION 3. Enforcement Agency - That the enforcement agency is hereby designated as Grand Terrace Fire—Department. SECTION 4. Fees - That fees shall be established by the City Council by resolution in order to recover the cost of implementing the program. SECTION 5. That it is the intent of the City Council to amend this Ordinance from time to time to assure continuing enforcement of the provisions of this Ordinance. SECTION 6. That this Ordinance is hereby declared to be an Urgency Ordinance to protect the health, safety, and welfare of the citizens of the City of Grand Terrace. SECTION 7. This Ordinance shall be in full force upon adoption. SECTION 8. That the City Clerk is hereby directed to send copies of this Ordinance to the San Bernardino County Environmental Health Services Department and the State of California giving notice that the City of Grand Terrace has assumed the responsibility of enforcing the provisions of this Ordinance. SECTION 9. That the City Clerk shall cause this Ordinance to be posted in three (3) public places designated for such purpose by the City Council . ADOPTED this 14th day of December, 1983 ATTEST: city rc of the City of GAnd Mayor o e C4Y dfr \ errace Terrac and of the City Council and of the 'ty ouncil thereof. thereof. Approved as to form: City ttorney - 4 - 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at a regular meeting of the City Council held on the 14th day of December, 1983, and that it was so adopted by the following vote: AYES: Councilmembers Rigley, Petta, Pfennighausen; Mayor Grant. NOES: None. ABSENT: Councilman Nix. i ty of the City of Grand rrace and oft er City Council thereof. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full , true, and correct copy of Ordinance No. 74 of said City, and that the same has not been amended or repealed. DATED: December 15, 1983. City of the City o ran errace and of he City Council thereo .