8.12.030 Underground storage tanks.
A. Every underground storage tank installed after January 1, 1984, shall meet the following requirements and no person, firm or corporation shall construct or install any new underground storage tank or facility until a permit has been issued pursuant to this chapter.
1. 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:
a. Primary containment shall be product-tight;
b. Secondary containment shall be constructed to prevent structural weakening as a result of contact with any released hazardous substances, and also be capable of storing, for the maximum anticipated period of time necessary for the recovery of any released hazardous substance;
c. In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least one hundred percent of the volume of the primary tank;
d. In the case of multiple primary tanks, the secondary container shall be large enough to contain one hundred fifty percent of the volume of the largest primary tank placed in it, or ten percent of the aggregate internal volume of all primary tanks, whichever is greater;
e. If the facility is open to rainfall, then the secondary containment must be able to additionally accommodate the volume of a twenty-four-hour rainfall as determined by a one-hundred-year storm history;
f. Single-walled containers do not fulfill the requirement of an underground storage tank providing both a primary and a secondary containment;
g. The design and construction of underground storage tanks for motor vehicle fuels storage need not meet the requirements of subsection (A)(1)(a) though (f) of this section, 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 subsection (C)(3) of this section. Pressurized piping systems connection to underground storage tanks used for the storage of motor vehicle fuels and monitored in accordance with subsection (C)(3) of this section shall also be deemed to meet the requirements of this subdivision.
2. 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.
3. When required by the county department of health, 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 subdivision.
4. 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 and secondary container, shall be separated in both the primary and secondary containment, so as to avoid potential intermixing.
5. If water could enter into the secondary containment by precipitation of 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.
B. For every underground storage tank installed on or before January 1, 1984, and used for the storage of hazardous substances the following actions shall be taken:
1. 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;
2. Provide a means for visual inspection of the tank, wherever practical, for the purpose of the monitoring required by subsection (B)(1) of this section. Alternative methods of monitoring the tank on a monthly, or more frequent basis, may be required by the local agency, consistent with the regulations of the department of health.
C. 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 department of health shall develop regulations specifying monitoring alternatives. Further, the department of health shall approve the location and number of wells, the depth of wells and the sampling frequency, pursuant to these regulations;
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 tightness hydrostatically or, when appropriate with pressure between three and five pounds, inclusive, per square inch at time intervals specified by the department of health 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 department of health shall specify by regulation.
D. Abandonment, Closure or Temporary Closure of Underground Storage Tanks.
1. No tank shall be abandoned unless properly monitored and safeguarded in accordance with regulations promulgated by the department of health.
2. Tanks which are temporarily out of service and are intended to be returned to use must continue to be monitored and inspected.
3. Any tank which is not being monitored and inspected in accordance with this section must be closed or removed in accordance with regulations promulgated by the department of health.
4. Whenever an abandoned tank is located, a plan for the closing or removing or the upgrading and permitting of such tank and permit application therefor shall be filed within ninety days of its discovery.
E. Maintenance, Repair or Replacement.
1. Permittee will carry out regular maintenance, and upkeep, in a careful and safe manner.
2. Any substantial modification or repair of a facility other than minor, maintenance or emergency repairs shall be in accordance with plans to be submitted to the department of health and a permit to repair shall first be obtained prior to commencement of any such substantial modification or repair.
3. Permittee may make emergency repairs to a facility in advance of seeking an additional permit approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or to protect the integrity of the containment. However, within five 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 department of health.
F. Unauthorized Discharge of Hazardous Materials.
1. Any unauthorized release from the primary containment which the operator is able to clean up within eight hours and which does not escape from the secondary containment, nor cause any deterioration of the secondary containment of the underground storage tank, shall be recorded on the operator’s monitoring reports.
2. Any unauthorized release which escapes from the secondary containment, increases the hazard of fire or explosion, or causes any deterioration of the secondary containment of the underground tank shall be reported by the operator to the department of health within twenty-four hours after the release has been detected or should have been detected. A full written report shall be transmitted by the owner or operator of the underground storage tanks within five working days of the occurrence of the release.
3. The department of health shall review the operating permit whenever there has been an unauthorized release or when it determines that the underground storage tank is unsafe. The department may terminate a permit for a facility when it has been determined that the operation of the facility would pose a threat to public health. (Ord. 84-10 §§ 5, 6, 1984; Ord. 83-18 § 1, 1983)