8.12.040 Underground storage tank permit

8.12.040 Underground storage tank permit.

Any person, firm or corporation which stores any hazardous material in an underground storage tank shall obtain and keep current, an underground storage tank permit issued pursuant to this chapter. One such permit shall be issued for a single facility. Additional approvals shall be obtained for any underground storage tank thereafter connected, installed, constructed, substantially modified, replaced, closed or removed.

A. No person, firm or corporation shall cause, suffer or permit the storage of hazardous materials in underground tanks:

1. In a manner which violates a provision of this division or any other local, federal or state statute, code 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. Application for Permit. Application for a new, amended or renewed permit or any additional approval shall be made to the health department on the form provided by the county.

C. Approval of Permit. A permit shall not be approved until the department of health is satisfied that the storage approved adequately conforms to the provisions of this chapter.

D. Provisional Permit. If the department of health finds that the proposal does not completely conform to the provisions of this chapter, it may approve a provisional permit, subject to conditions to be imposed by the department when such a provisional permit is feasible and does not appear to be detrimental to the public interest. The applicant must be informed in writing of the reasons why a full-term permit was not issued.

E. Temporary Permit. A temporary permit for storage may be issued where storage does not exceed thirty days and occurs no more frequently than every six months.

1. Upon the approval of a provisional, or full-term permit by the department of health and upon the payment of any applicable fee, the department shall issue and deliver the permit to the applicant. Such permit shall contain the following information:

a. The name and address of the permittee for purposes of notice and service of process;

b. The address of the facility for which the permit is issued;

c. Authorization of the storage facility(ies) approved under the permit, the permit quantity limit(s) and the approved hazard class or classes for the storage facility(ies);

d. The date the permit is effective;

e. The date of expiration;

f. When applicable, a designation that the permit is provisional;

g. Any special conditions of the permit.

2. The department of health shall keep a record of all permits issued and all conditions attached thereto.

G. Terms. A permit may be issued for a term of three years, excepting provisional permits and construction and abandonment permits which may be issued for any period of time up to six months and temporary permits which may be issued for no longer than thirty days.

H.		Fees.
1.	Operating Permits.
	a.	Base fee per facility (1—5 tanks)	$125.00/year
	b.	Fee for each additional tank over 5	40.00/year
		This fee covers the permit to operate the tank and the registration of the hazardous materials in the tank.
2.	Permit to Construct or Modify.
	a.	Base plan check fee (includes 1 tank)	$125.00
	b.	Fee for each additional tank	40.00
3.	Permit to Abandon.
	a.	Base fee for 1 tank	$100.00
	b.	Each additional tank	30.00

1. Any operator of an underground storage tank shall be liable for a civil penalty of not less than five hundred dollars or more than five thousand dollars per day for any of the following:

a. Operates an underground storage tank which has not been issued a permit;

b. Fails to monitor the underground storage tank, as required by the permit;

c. Fails to maintain records;

d. Fails to report an unauthorized release;

e. Fails to abandon an underground storage tank in accordance with this chapter.

2. Any owner of an underground storage tank shall be liable for a civil penalty of not less than five hundred dollars or more than five thousand dollars per day for any of the following:

a. Failure to obtain a permit as specified by this chapter;

b. Failure to repair an underground tank in accordance with the provisions of this chapter;

c. Failure to construct an underground storage tank in accordance with the provisions of this chapter;

d. Abandonment or improper closure of any underground tank subject to the provisions of this chapter;

e. Failure to outfit a facility with a monitoring system capable of detecting an unauthorized release of any hazardous substance stored in the facility as required by the department of health;

f. Knowing failure to take reasonable and necessary steps to assure compliance with this chapter by the operator of an underground tank.

3. Any person who falsifies any monitoring records required by this chapter, or knowingly fails to report an unauthorized release, shall, upon conviction, be punished by a fine of not less than five thousand dollars or more than ten thousand dollars, or by imprisonment in the county jail for not to exceed one year, or by both that fine and imprisonment.

4. In determining both the civil and criminal penalties imposed pursuant to this section, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person who holds the permit.

5. Penalties under this section are in addition to, and do not supersede or limit, any and all other legal remedies and penalties, civil or criminal, which may be applicable under other laws. (Ord. 84-10 §§ 7—10, 1984; Ord. 83-18 § 1, 1983)