HomeMy WebLinkAboutORD 3435. .,. .· .,,, . . . . . . . . . .
ORDINANCE Of<'
ADDING TITLE
RELATING TO
'
ORDINANCE NO. 3435
THE COUNCIL Of"-THFo-CITY OF PALO
17 TO TH8 PALO ALTO MUNICIPAL
STORAGE OF HAZARDOUS MAT8RIALS
l\LTO
CODE
WHBREAS, a number of facilities in the City store h,Jz,ud materials
in the normal course of conducting their operations; and
WHF.REAS~-the public health and safety of the cit1t:en:' ·:'f c1t::' :T'?iY
be endangi.~red by the improper storage of such ha lil rdm1s r:u te r i ._j l.J; .Fd
WHEREAS 1 it is necessary for: pro teet ion of all cit. i zen s that the
storage of hazardous materials be regulated;
NOW, '.lHEREF\ji~E,
as follows:
SECTION 1. 'ri t le 17 is --Code to ~~ad as follows:
hereby added
See E~~hi bit A, attached hereto and incorpor-ated
herein by this ~eference.
0RDA1N
SCCTION 2. ~rhe Col'!ncil finds that none ot the fYcovis.tons of this
ordinance will have a significant env.i.ror1rnBnL·d im()act
SECTION 3. This ordinance shall become effective£._~!.__!_~~ Thirt_y~First
~-·~.f.J.g.r__j_t_~-~ d o.n j;j.QJJ.. ___ ~-·-.
INTRODUCED: May 16, 1983
PASSED: June 6, 1983
AYES: Bechtel, Cobb, Eyerly, Fazzino, Fletcher. Klein, Levy, Witherspoon
NOES; None
ABSTENTIONS: None
ABSENT: Renzel
ATTEST: p1
/J A. L __ Q~ ~'-, 11 ~~.::. l-lci!(_ ___ _
APPROVED: (.1 ~7.fRJt7/; ,.' _____ _
Mayon \
\ ·'
'
2.
'
•
CXHJ.BI'J.' l\
PALO AL'l'O MONJCIPJ.\L CODP.
TITLE 17
HAZARDOOS MA'rERIALS S'l'ORt\GE:
• 'fl' • ·.. • • • • • .-. . . , -.
CHAPTER
17.04
17.04.010
17.04.020
17.04.030
17.04.040
17.04.050
17 .. 08
*17.08.010
'17.08.020
17,.12
1 ., -1 / : () 1 0
*17.12.020
17.12.030
17~12.040
17.12.050
17.12.060
17.12.070
*17.12.080
17.12.090
17.12.100
17.16
*17.16.010
*17~16.020
17.16.030
17.20
17~20.010
*17.20.020
17.20.030
*17.2.0.040
*17.20.050
*17~20.060
17 .. 24
17.24.010
17.24.020
17.24.030
17.24.040
*17.24.050
17.24.060
0 F C 0 N T E N T S
HAZARDOUS MATERIALS STORAGE
SUBJECT
GENERAL PROVISIONS
Purpose o • • • • • • • • • • • i' • • ..
Gfm.e·r:al Obligation -Safety and
Specific Obligation ••••
Definitions ••••••.•••
Care. • . . . . . ., . .
Professional Assist~nc~ for
City Determ1ntations.
MATERIALS REGULNJ•ED
Materials Regulated ••
Exclusions •.•••••
. . . . . .
CONTAINMENT STANDARDS
Ccnt~i~~cnt cf Ha~aL~uu~ Macer1a1s.
New Storage Facilities~ ....••.•
Rxisting Stot·age Facilities ••••
Out of Service Storage Facilities •
Monitoring ••••••.••••••
Maintenance, Repair or Replacement.
Handling •• , • • • • •• ~ , •••
Secured Facilities •.•••••••••
Emergency Equipment •••.. I • • ••
Posttng of Eme~gency Procedures ••
HAZARDOUS MATERIALS MANAGEMENT PLAN
Hazardous Materials Management Plan ••
Standard Form HMMP •••••••••••
Short Form HMMP-Minimal Storage Site ••
HAZARDOUS MATERIALS INVENTORY
Hazardous Materials Inventory •••••
Information Required ••••••••••
Public Records. • • • • • • • • ••
Trade Secrets • • • • • • • • • • •
Lockboxes for Trade Secr.ets • • • •
Additional Trade Secret Information
Required •••••••••••••
RESPONSIBILITY
Reporting Unauthorized Discharg(~ ••
Unconfirmed Unauthorized Discharge.
Confirmed Unauthorized Discharge ••
Gases at STP •••••..•• 1 ••
Clean-up Responsibility •• I •••
Indemnification ••••.•••••
i •
. . . .
. .
• • . .
• •
• • . .
,. .
PAGE
1
1
1
2
2
5
5
6
7
7
8
1 0
1 1 ., 2
1 2
1 3
13
13
1 3
14
1 4
14
18
19
19
20
21
21
21
22
24
24
24
25
26
26
27
CHAPTER
17.28
17.28.010
17.28.020
17.,28.'030
17.28 .. 040
17.28.050
i7.J2.UHl
17.32.020
17.32.030
1/,32a040
17.32.050
17.32.060
17.32.070
*17.32.080
17.32.090
17.32.100
17.32.,110
17.32.120
17.32.130
17.32.140
17.36
17.36.010
17.36.020
17.36.030
17.36.040
17.36.050
17.36.060
17.40
17.40.010
1"7.40.020
17.40.030
17.,40.040
17.40.050
17.40.060
17.40.070
17.40.080
t7~44
17.44.{)10
17.44.020
T A B L E 0 F C 0 N T E N T S
Tcontinued)
SUB .. TECT
INSPECTIONS AND RECORDS
Inspections by City , •••••••••
Inspections by Permittee ••••.•••
Special Inspections .•••...•.•
Substituted Inspections •...
Maintenance of Records •..•••••.
APJ?LIC!d'ION FOR PERZ.U"P
Pe:cmi t. • . . . . • . .
Application for Permit.
Investigation o ••
A~"'!:!"'""?~~--::f ~-::r r~~.: t ..
Provisional Permit •••
Temporary Permit. , •.
Issuance of Permits
Additional Approvals ••
Term •••• , .
Renewal ~ . •
Determination .
. . .
• too • • e • . .
• 0 f' (! D
j ... ... • 4 •
• 4 • • • •
I'J • 0 • . .
• (! • • • • 'I • . . . . , . .. .
!I • Ill • • •
Fees Q .. "' o. 'f . . • • " I) e • Cl . .
Transfer of Permit •.•••..••
Effective Date of Permit ..••••••
UEN!AL
Denial of Application • • •••••
Grounds for Denial •••••••.••• . . Transmittal of Decision •••••
Appeal to City Manager •••••.•.•
He~ring on Appeal •••••••••
Disposition of Appeal •••••••••
REMEDIAL ACT,ION
Grounds for Remedial Action ••••••
Not ice of Noncompl i a nee • • • • • . • •
Notice of Hearing • • • • . • • • • • •
Suspension Prior to Hearing • , .•••
Remedial Action ••.•••••.•••
Transmittal of Decision •••••.•.
Authority after Suspension,
Revocation, or Expiration ••• ,
Return of Permit •••••••.••••
BEARING PROCEDURE
Hearing Rules • • • • •
Hearing Notices • • • •
ii.
. . . . . . . .
• " • 41 • • • ...
PAGE
27
27
28
28
29
29
2q •
29 I
30 • • 30
30
30
30
3 1
31
32
32
32
32
33
Jj
33
33
33
33
34
34
34
34
34
.35
35
35
36
'36
36
37
37
37
37
CHAPTER
17.48
l7.48.020
17.48.030
1 7, 118, 0 4 0
1 7. 52
17.:52.010
17.52.030
17.5:'.,040
"! ;. r ... ~ '" ~ A ~ ; ~ _;;. .~ • lJ .) v
17.56
17.1)6.010
'
T A B L E 0 F C 0 N T E N T S
{Continued")
SUBJECT
ENFORCEMEN'l'
Cr-1mi.nal Penalties. . . . . li ., • • • •
Civil Penalties • • . • • •
Remedies not Exclusive •..••••••
Civil Action for Retaliation .•.•.•
MISCELLANEOUS
Disclaimer of Liability ••.
r~:_11 df">l ines. • • • c "' • • ~
Duties ar2 D.Lsc:'r~etinna-cy ••
Con f 1 ict. with Other Lc!W.S. • • •
Severability .•.•••••
COMPLIANCE SCHEDULE
• • 0 . .
·rime Table for Initial Compliance~ •••
iii.
PAGE
37
17
37
38
38
39
39
39
39
40
40
40
40
Chapt\~rs:
l?.04
17.08 n. 12
1'1.111
17.20
1 7. 2 4
1!.2H
1 ) • 3?. .. ... ...... .--: I , .... 1. u
'17. 4 0
17.44
1 7. 4 8
1'7 '" I J 3 J ~ ...
1 7. SG
17,04.010
1 '7 • 04. 0 2 0
17.04.030
17.04.040
17.04.050
•
TITLE 17
HAZARDOUS k~TERIALS STORAGE
General Provisions.
Mate~ials Regulated.
Containment Standards.
'
Hazardous Materials Manaqe~ent Plan.
Hazardous Materials Inventory.
Responsi..bi1it.y.
Inspections and Records.
Applicdtion for Permit.
DenL:tl.
Remedial Action.
Hcar1ng Procedure.
Enforcement.
,\1i s c e 11 an eo us •
Compliance Schedule.
CHAP'J~l'~R 1 7. 04
GENERAL· PROVISIONS
Purpose.
General Obligation -Safety and Care.
Specific Obligation.
Definitions.
Professional Assistance for City Determinations.
17.04.010 Purpose. 'rhe purpose of this Title
is the protect ion of he a 1 th, 1 i fe, resot.trces and prop
erty through prevention and <..'Ontrol of unauthorized dis~
charges of hazardous materials.
17.04.020 General Obligation Safety and
(a) No person, firm or corporation shall cause,
or permit the storage of hazardous materials:
Care ..
suffer
(1) In a manner which violates a provi
sion of this Title or any othec local, federal or state
statute, code, rule or regulation relating to hazardous
materials; or
(2) In a manner which causes an un
authorized discharge of he. zardous materials o;:: pQse s a
significant risk of such unauthorized discharge.
•
(b) The Fire Chief shall havr: discretion to
exempt an dpplicant from any specific requirement of.
this title, other than th~ requir-ement for secondary
contdinment in unrlerground sto~aqe facilities, except as
provided 1n Section 17.12.020(c)(4), or to require
appl ic2nt to meet adriitional or modified requirements_.
whe '!."'(~ such act ion would be appropriate and consistent:
'""ith achievinq the general obli9ation of this title Eor
pr:\)tc~ctJJh1 public health 1 safety and welfarE:.
17,04.030 Specific Obli-gation~ {a) Any per.~~
son, tic-r.1 or coi.:poriltion which stores any mater-ial
c_,GULltcd ily .Se-:~::iD•1 17.0H.010 which .i.s not excluded by
S·:?cti<.m 1/.Go,~no shall obtdin an.d kef~P curr-ent a
llazarduus :·:a.terials Stotc~'J~ .i?er.HLii...
(i)) i\ll such ha.zan]out; rnctl.er-ia.L;
crJnLuned in '--:onfcrmity \·lith Chapter i7.12.
::;hall be
Mat<-:ria.ls
(c) The stoL·age of
1n conformance with
':•lanagemen t P 1 an.
such
the
hazardous
approved
be
materials
Hazardous
17.04.040 Definitions. Unless otherwise ex-
pressly stdted, whenever used in this Title, the follow
ing terms shall have the meanings set forth below:
(a) r. Abandoned", when refer-ring to a stora9e
facility, means out of service and not safeyui:l.rded in
compliance with this Title.
{b) "Facility,. means an area, a building, or
buildings, appu t·tenant structures and surround .ing land
area used by a single business entity at a single loca
tion or site.
(c) AHazard classH means Explosives A, Explo
sives B, Explosives c, Blasting agents, Flanunable liq
uids, Combustible liquids, Flammable solids, Oxidizers~
Organic peroxides, Corrosive materials, Flammable gases,
Nonflammable gases, Poisons A, Poisons B, Ir.rit.ating
materials, Etiologic agents, Radioactive materials,
Other P.egulated Materials (ORM) ;~, B, c •. D and E. For
purposes Olf this Title, the u.s. Department of Trans
portatior. (DOT) definitions 1n 49 Code of Federal Regu
lations (CFR) Part 173, as amended, shall be utiiized;
however, whenever the definitions in 49 CFR 173 refer to
transportation or hazards associated with tr:ansporta-
2.
I
I
t ion f they slHll ne d.:?emed to refer to stor-a~:]e or other
regulated act1vity under this Title.
(d) "H~zardous material" means any material
which is suhject to requlat1on pursuant to Chapter
17.08. A mixture shdU he deemed to be a hazardous
m :~ t e r i a l i f i t U3 ·~ i t !'1 e r a .,.., as t. ;"' an d co n t a i n s any rn a t e -
r 1al regutau.:.,j plll"S~.LJ.nt t.o Chapter 17.08, or is a non
waste -.~nJ contains o11e pt~rcent { 1%) by volume ot: n10re of.
~ .. ~ n ';1 (fi ~:i t ~ l" l. -.:l .i r e ·.j lll d t (~ d r:u r ~ u ;in r. r () (~ h ~ ~) t t-? r 1 7 ;. 0 8 ,;.
(e~ "Off'lc~r" meDns the Fir:e Chi~:>f, officer
() r:
or
(-:::flpl('yce ;~;:;l·,l:w~-1 :3y ;-::.i..ty to administ.e1~ this 'l'itle,
any ·Jc·::;_(,<nt:•:: ,)_,.· ;:,:_\ch ufLtcc~t: or r.~mployee.
( f)
Stor:c1<F' Pecni t
c:.ny c"'\dditio:;dl
"Pt?l.-~i'li t '1 .nean~, Ctny Hazardous
issur>d pursuant to this TitlE!,
a p p r (; v a 1 s i: h c n~ t :) .
~late rials
aS well as
( 9) n~.)C'L"Di t cJU.'lnt .i Ly limit 11 mean::> t.he maximum
.:tmount nf haz.lrdous :t~3.t<~cial that can be stored in a.
s tor a g e fa. c i 1 i t y • S ;.-:_. p zn· ;~ t e p e rrn i t q u u n t i t y 1 i m .i tf_; will
be set for each storaiJ'-' faci t i ly for which a permit is
obt:.:tined l.n ~ccorda.nce with the ::equirements of this
TiLle~
(h} "Pennit.tC::E:" means any person, firm, or
corporation to whom a permit is issued pursuant to this
Title, and any authorized representative, agent or
designee of such person, firm~ -.:)r corporation.
(i) "Pipes,. means pipeline systems which are
1.1sed in connection 1.-1ith the storage of hazardous mate
rials exclusively within the confines of a facility and
which are not intended to transport hazardous materials
in inte(State or intrastate c{nnmerce or to transfer
hazardous materi.als in bulk to or from a marine vessel.
(j) "Primary containmentw means the
level of containment, i.e. the inside portion of
container which comes into immediate contact on
inner surf ace with the hazar.dous material being
tained.
first
that
its
con-
( k) "Product-tight" means impe!·v ious to the
hazardous material which is contained 1 so as to prevent
the seepage of the hazardous material from the primar.y
cor1tainment.
3 •
I •
To be product-t iqilt, the container shall
be made of a material that is iK"'t .:>ul.•j,~ct to physical or
chemical deter·iorat.ion hy t!1e lld?.drd:.>us matt?t"Utl beiCJg
contained.
{ 1) ns(-(:-•Jnda,t"'}-" <;-=-ont:~1.i rn~~~nt-. t1 mean:.. the 1(?\tf:.l
ot rv"'\ n <-":J ~ ~ I"T'\ ~. ..... ""' ... • ..... " .. ' • .., -""""' ...... l ... £' :"II r. >! (-:' ...... r'\ ~ ,.-~·) t-i-); f r· ( ) -;:'f' t-r, Q )'""'\.""'" ' m :3 .,.... '1. 1 _.._, .. ,~ ... -o; ... ~.,~~·-1~'-·--~"~'--\-1..~·'"-"...L. '·'-" -1,, ... _. -~·-;. ..... --........... ·----·· .... , .. ._. t"""""''' ........... .!
containmt::nt.
(m) "Single-walled"
walls made of but nne thlcl<'!<:::ss
coat;:>d, or-cl<:d rnat\:>ri.:~1~' ··~1:11 t
walled.
means z.·onst ruct 1on w1th
of mater io 1.. Laminated,
:;{.~ .::.:<)n~)lcf<~r(~d as ~;inqt<:.'-
(n} "~~tora<J0 f:hc i l i. ty'' rr.c•an;;. ;_my n:1e or com,~
b.inat-.ion of tar:ks, sumps, · . .;ct flocn-s, wastr:"-treatment
taciliti!'.-~>, p.lrlf!S 1 vaultE.~ ur othc~r p,)ctahle or f1.xerl
contaillt!rs, u:-~cd, or de:;iq:v-:d ~') h: u~'ccd, f,n· tile c;tor·~
age () f h a z a c do us H>J. t e t· i a l s '1 t :~ i a'· i .. { i t. y ,
( 0)
u i d s co 11 e c t .
"Sump" means a pit or well in which liq-
(p) "Lln.author·ized di::.charcH~" means any re-
lease or emission of any hazar·dous material which does
not conforr!'1 to the pruvisions of this 'l.'itle, unless such
t"elease is in accordance with tlH~ release regulations of
the Bay Area r .. ir Quality Management District and Cali
for-nia Air Resources Board, or w.itb a N~t.:.ona1 Pollutant
Discharge Elimination System Permit, C-1:' with waste dis
charge regu i remen t s established by the R(>g ion a 1 \-later
Quality Control Board pucsuant to the Portee Cologne
Water Quality Act, or with iocal sewer pretreatment
r•equirements for: Publicly Owned Treatment Works.
(q) "Wet floor" means a floor which is
to routinely collect, contain or maintain standing
uids or to transmit standing liqui<is on a rr:ore or
contin~ous basis.
used
1 iq~·
less
17.04.050 Professional AsRistance for City
Oeterminat ions. Whenever the approval or satisfaction
of city may bE: required under this Title for a desi!)n,
monitoring, testing or o'.:het· technical submittal by an
appl.icant or permittee, c1ty may, in its discretion,
require such applicant or permittee, at such applicant • s
or p~rmittee's sole cost and expense, to retain a suit
ably qualified independent engineer, or chemist, or
other appropriate professional consultant, acceptable to
city, for the put"pose e:{ evaluating and n~ndering a pro-
4.
I
-------~---------------------•
fessional opinion respecting the a<iequacy oi' such sub
mittal to achieve the purposes 1)f this Title. CHy
shall be entitled to rely on sych evaluation anri/or
opinion of such engineers chemist or Fro fes s ion a 1 con
sultant-jn makinq the relevant detel'ml.nations pro,,ided
for in this Title.
Sections:
17.08.010
17.08.020
CHAPTER 17.08
Mater:~ ,J. J ~; !<l''=JU.t :t t-!.!d.
Exclusion~.>.
17.08.010 Materials Regulated. Th~ matecials
regulated by this Title shall consist r)f the follo·,•in,J:
(a) Any matr~·c1.•=tl list,~d ~-~s ,_:-; lu.zar.:lou~; <..l.nd/or
extr-emely hazardous matel·ial or.-huz,n·dou~; an3/or: r:~x-·
tremely hazardous waste in Sections 66680 anc1 66C:~F) of
Title 22 of the California Administrative Code, as
amended, whether such rna te ria 1 is stored in waste or
nonwaste form7 or
(b) Any matet·lal which is li~:ted on the list
of Environmental Protection Agency (EPA) pollutants, 4U
Code of Federal Regulations, Section 401.15, as ~mended;
or
(c) Any matf.:ria1 which is class~fied by the
National Fire Protection Associat1on (NFPA) as eithe~ 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 Department of Indust·c i.al Relations in
Title 8, Cal. Adm. Code, Section 339, as amended, ex
cluding all footnotes thereto and subject to the exclu
sions specified in this Sllbsection. Such exclusions
shall apply only to materials which are not othendse
r-egulated pursuant to this S~ction. These exclusions
shall be as follows:
(1) Materials recogniz8d in the official
United States Pharmacopoeia, official Homeopathic Pharm
acopoeio of the United States, or official National
For-mulary~ or any supplement to any of them if such
materials are in tended for w;e in the d1 agnos is, cure,
5.
" • • • • 10 • • -• : ' • • ~ • ~ ... • •• ~ ' ,, " • > • "\ ~· • ' 0 ·: ~ ~ • ~. • •• .
•
mitigation, treatment, ox: prEtvention of dise.:'lse in rnan
or other animals: ho~mones; enzymesr and aflatoxins.
(2) Aluminum salts; asphalt fumes; atra
ziner Benomyl; Bis (dimethylthiocarbamoyl) disulfide;
Boron ox ide 1 4-ter t-But.yl-2-ch loropheny 1-methy 1 me thy 1-
phosphoralllluai:.c.:; r~m?hor; Carbon black; 2-Chloro-6
{t.ti,:;hlcro!'!'.eril:":;_i t-'T.·i.'1Jne~ Clopi{.:ivl, C~.=.l ~:H· pitch
'l0l at j_ 1 P~: (~Ot t0i! ,-JtlS t; IJi ben j,,~J<l. t=:~::""·:!~: :!~ ~ r~i ;.~~.P':' 1 (1fH~n ta
dienyl iron~ 3,5-Dinitt·o-o-toluamide; 2,&-D.i tct·t-:)JJLyi
p-cresoli f'f;rbam; Fumaric a..;id; Glass, fibrous ()r dust..;
Graphite; H<?lium1 Iron oxide; Iron t>c~lU>; t,\aqi'ti.;Siu:r:
oxide; Mica; Mineral wool fiber.; 011 mist: Ph,,n,)~:!!.ic:z.i;;~~;
Phenyl ether; Phenyl ether-diphen:tl (eutectic mi:-.:tuc·;-~) 1
vapor; Phthalic anhydride; m-·Phtha1odinitri1e; Polytetra
fluoreoet.hylene Decomposition products; Rhodiu'11 ;;alts;
Ronnel; Rosin core solde~:; Rotenone, con,rner:cia1; Sllica;
Soapst.onr-~; Talc; Tantalum oxidt:/ Terphen:flo3; -1-4 1 ·-'rh.'lohi.s
(6-tert-butyl-m-cresol).
{e) Any material which has been d0termined to
be hazardous hased upml any appraisal ~n.-as:?essment. by
or on behalf of the party storing this material i;~ com
pliance \'i'ith l:he requirements of the EPA or the:: C.::.li
fo:r·nL~ Department of Health Ser:vices? <>,... ,,.,hich should
have t"Jeen, but: was not, dc:t-'2!rminRd to be h87.ardous cue
to the deliberate failure of the party storing the
material to comply with the requirements of the EPA
and/or the Department of He~lth Services; or
(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 t·equ.irement to t:.est for
the purposes of this Title.
17.08.020 E~clusions. This
apply to the following:
Titl0 not
(a) Certain Elemental Metals. The following
elemental metals included within the purview of Section
1 7. 08. 010 shall not be considered hazardous materials
for purposes of this Title unless they are stored in a
friable, powdered or finely divided state: Aluminum~
Beryllium, Cadmium, Chromium, Copper, J..,ead 1 Manganese,
Molybdenum, Nickel, Rhod i urn, Silver, '1'e llur i um, Tin, and
Zinc. Regardless of: state, Tantalum~ Til.anium, Tung
sten~ and Uranium shall be P~~.i uded from regulation
under this Title.
6.
(b) Retail Products. Ha~ardouB matecials
contained solely in consumer products packaqed for dis
tr1.bution tof and use byr the gP.neral public or eommer~
cial products used at the facility solely for janitor~al
or minor maintenance purposes such .Js paint thinner or
wax stripper.
in a Gubstance intended for use as an1mal teerl.
(d) Work Station, Hazardous maU}l·i.Jl:> l(l-
cated at a v_ )rk stat ion in a qu<J.nt i ty reasonab.i. y re
quired foe use as determined by U!e Fire Chief: un(h•r the
circumstancts.
(e) Exemption. 'rhe Fire Chief shaLl exempt
any material from the requirements of thif', t.it.le l-·lh>:>re
it has been demonstrated to the satisf.1ction of' city
that the material in the quantity and/or ~olution stored
does not present a significant actual or potential
hazard to the public health, safety or welfare.
Sections:
17.12.010
17.12.020
17.12.030
17.12.040
17.12.050
17.12.060
17.12.070
17.12.080
17.12.090
17.12.100
CHAPTER 17.12
CONTAINMENT STANDARDS
Containment of Hazardous Materials.
New Storage Facilities.
Existing Storage Facilities.
Out of Service Storage Facilities.
Monitoring.
Maintenance, Repair or Replacement.
Handling.
Secured Facilities.
Emergency Equipment.
Posting Emergency Procedures.
17.12.010 Containment of Hazardous Materials.
No person, firm or corporation shall store any hazardous
materials regulated by this title until a permit or ap
p~oval has been issued pursuant to this Title. No
permit or approval shall be granted pursuant to this
Title unless permit applicant demonstrates to the satis
faction of ci. t y, by the submission of appropriate plans
and other information, that the design and construction
of the storage facility will result in a suitable manner
of storage for the hazardous material or materials to be
contained therein.
7.
I
iii -IIi I
'
.a.ll installation, construction, repair or.· modifica
tion, closure, and removal sha 11 be to the satisfaction
of city. The Fire Chief shall have thP. di.~rrr:>t-ion t-n
e x.e111pi:. dn cippl i 0-~n t trom any A?~('~ fit_~ r::=::;·-~ j_rp:mc:1t. othP[
than the requirement of secondary con ta i. r1'1'!Pn t in u;·~der
ground stot"age fa<:ilities except.. as provided in Section
17. 12.020 (c) ( 4) or to impose reasonable additional or
different ~cequir:ement.s i.n order to better. secure the
purpose and general obligation of this Title for protec
tion of public health, safety, and weJf.are. The guide
lines approved pursuant to Section 17.52.020 shall serve
as an int.er:p~~etation of the provisions of this chaptt:r
addressed in such guidelines.
17.12.020 New Storage Faci.llties. \a/ ~~c
per son, firm or corporation shall construct or· ins ta 11
any new storage facility until a permit Ot' approval has
been isr:;ued pursuant to this Title.
(b) Monitoring Capability. All new storage
facilities intended for the storage of hazardous mate
rials which are liquids or solids at t3tandard tempera-
tnn• rlnr'l :>rt=>cc•_>>:"f'> (C:::'T'!'~ =~~l~. ~?. ~~~C::i'!"'""~ ~·'.~l ,...':'n.<.'O:":''.:~~-
ed w.; th a monitoring system capable of detecting that
the hazardous material stored in the primary containment
has entered the secondary containment.
Visual inspection of the pr.i.mary containment
is the pre fer red method; however, other means of rnon i
taring may be required by the Fire Chief. Where secon
dary containment may be subject to the intrusion of
water, a means of monitoring for such water shall be
provided.
Whenever man i tori ng devices are provided, th~~Y
shall, where applicable, be connected to attention
getting visual and/or audible alarms.
(c) Containment Requirements. Primary and
secondary levels of containment shall be required for
all new storage facilities ~ n tended for the stocage of
hazardous materials which are liquids or solids at
standard temperature and pressl.lre (STP), 1.mless specifi
cally herein exempted by the Fire Chief.
product·-t:ight.
(1) All primary containment shall be
(2) Secondary containment:
,.,
v.
( i) All seconrlary containment shall
be con st !:' uct(!d of materia 1 s of sufficient thickness,
densityf ancl composition so as not to be :5tructurally
-.:c~ke!"!An as a t<:::sult of (~ontact with the discharged
hazardous fliatG::-ials a:1d ::: . .::; ;os tc he (.:--~p;ohle of ~ont;dn·-
i ng hazardous mater i.::ll.S d i sch~rged trorn ;.;.; pr i me;.u;' y i,;Vil ~
tainer for a period of time equal to or longer than the
maximum anticipated time sufficient to allow recovery of
the discharged hazardous material.
(ii) In the cas<~ of an. install.atio11
with one primary container, the Gecondaxy containment
sha 11 be large enough to contain at J.ea~>t 11 0% of the
volume of the primary container.
(iii) In the case 0f __ :;t-:or-?.(.!2
tac111ty w1th multipl~ r~~i;;·;._;_:cy c:ontctiners, the secondary
:..~~~;-,i...uJ.til;!L snall be large enough to contain 150% of the
volume of the largest primary container placed in it, or
10% of the aggregate interr~al volume of all primary con
tainers in the storage facility, whichever is greater,
(iv) If the storage facility is
open to r:-ainfall, then the secondary containment must b~'
able to additionally accommodate the volume of a twenty
four (24) hour rainfall as determined by a twenty-five
(25) year storm history.
(3) Laminated, coated, or clad materials
shall be considered single walled and shall not be con
strued to fulfill the requin~ments of both primary !lnd
secondary containment.
(4) Variance. A variance .from the re
quirement for secondary containment for an underground
storage facility may be granted upon a finding by the
City Council that basect on special circumstances:
(i) the requirement of secondary
containment creates an unusual and particular hardship;
and,
(ii) an equivalent or superior
degree of protect ion is provided by the proposed alter
nat i ve; and,
(iii) The proposed alternative has
been appropriately certified in accordance v1ith Section
17.04.050 or has been sp0.cified in the guidelines ap
proved pursuant to Section 17.52.020.
9 •
i I
• I
No variance sho.ll hP. qran ted under this
Section except after a public hea~ing on such variance,
notice of which is published once in a newspaper of
general circulation not .less than 10 nor more than 20
days prior to such hear.· in9 and mailed at least 14 days
prior to such nearing to any inte~ested party who f~les
a written request. therefor. Any written request for
such mailed notices shall be valid for one (1) year f7 0~
tl1e dat~ nn whi0h it-;~ f.:l!2~~ i.AiJle~~ ?-7."=2-~-~~.Vt'!~L request
·~ filed. ?.~~cwal r:equest8 for such mailed notices
:::~c.l.l ;·;t: filed on or b(~fore July 1st of eacl1 year CtJm
m en c i n g J u l y 1 , 1 9 8 4 • Sa i d no t i c e s h a 11 con t a i n a
statement that a variance f~om secondary containment for
hazardous materials will be considered, the addr·ess of
+-h-!:.::..::~:.~;_.Y ~v,_ .... ~-.~, __ :. <.< ·v-u~.-~cul~..:e 1s sought, the name of
the applicant, and the time and place of the hearing.
(d) Overfill Protection. Means of ove'Cfill
protection may be required for any primary container.
This may be an over f i 11 pr.even t ion device and/or an
attention -qet t ing high level aL:u:m.
{e) Separation of Materials. JvJaterials that
in combination may cause a fire or explosion, or the
production of a flammable, to:xicr or poisonous gas, or
the dete !:' ior: G.t ion of a pr. :i.mary or secondar.·y container.
shall be separated in both the primary and secondary
contai.nment so as to avoid inte'Cmixing.
(f) Drainage System. Drainage of precipita
tion from within a stori.lge facility containing hazardous
materials which are liquids or solids at STP shall be
controlled in a manner approved by the Fire Chief so as
to prevent hazar.dous materia 1 s from bt: in.g d i schtn·ged.
No drainage system will be approved unless the flO\\o' of
the drain can be co'ltr:olled.
17.12.030 Existin9 Storage Facilities. Any
storage facility in existence as of the effective date
of this Title, o~ any storage facility for which a
building permit was issued prior to the effective date
of this 1,itle which does not meet the standards of Sec
tion 17.12..020 may be permitted pursuant to this Title
Qs long as it is providing suitable stor.Jge for hazard
ous materials as determined by the Fire Chief. In addi
clon, storage facilities which contain hazardous
material which are liquids or solids at standard
temperature and pressure (STP) must be monitored in
accordance with ~ plan approved by the Fire Chief as set
forth herein:
(a) A monitoring plan for each such storage
facility containing hazardous materials which are liq
uids or solids at STP, shall be submitted to city as
part of tbe Hazardous Material~ Munagement Plan.
1 0.
'
! ~-. ': ~ ... ~.-·.7"". ~ ~.--.-:-~ :-. .... : ;;:-:.~=: .. ~:~.-~: ~-!-! ,-;;--;. ~!--:.-.. ~! ~ :""':r'! ~~iir-'-' ... _ .... _ --~--·-.1 -··· ·-·· oL
visual in~pect ion of the primary con ta i nmen t wherever
practical; however, if the visual inspection ~s not
p~actical, an alt:ernative method of monitoring each
storage facility on a semi-annual or more frequent basis
may be approved by city.
(c) Alternative methods of monitoring may
include but are not limited to: pressure testing piping
systems, one or more groundwater monitoring wells which
are downgradient and adjacent to the storage facility;
vapor analysis with.tn each well where appropriate; and
analysis of any soil borings at the time of initial in
s ta ll<1t ion of eaeh we 11. The number cf wells t depth of
welJ.s 1 and samplin9 frequency shal~. be approved by the
Fire Chief.
{d) Such monit(Jring devices and n1(Jtho(~s, as
approved by city shall be inst&lled and operating within
six ( 6) mon th.s of the issuance of a provisional pet"m it
in accordance with Sect ion 1/'. 3 2. 0 50 and Sect ion
17.56.020(b}(1). The Fire Chief may grant an extension
of thiEi compliance date;. however, such extension sh.a.ll
not exceed one ( 1 ) addition a 1 year-. 'rhe fu 11 term per~
mit may be issued when compliance with t.h is su bsec:. ion
has been achieved.
(e) The continued use of, and permit approval
for~ existing storage fa_cilities is subject to review
and modifi.caticm or. termination by city whenever ther·e
has been any unauthorized dischar.ge. It shall also be
reviewed by the Fire Chief each time the permit is re
newed. In determining whether continued stor:age in such
storage facility is suitable, the Fire Cnief shall con
sider the age of the storage facility, the methods of
containment, the methods of monitoring, the feasibility
of the required retrofit, the concentration of the
hazardous materials contained, the severity of potential
unauthorized discharge, and the stJitability of other
long term preventive meilsures t,·l'hlch meet the intent of
this Title.
(f) Existing storage facilities which are not
approved in accordance with this section must be upgrad
ed to comply with this Title or:· be closed in accordance
with Sectior 17.12.040 below within one (1) year o.f 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 by the
Fire Chief.
17~12.040. Out of Service Storage Facilities.
(a) No storage facility shall be abandoned.
11.
(b) Stor.ng~ fa(~iliti~s whi.~h are temporarily
out 1..1 f SP.l"V ice, and are intended to be n:t u r.ned to use,
must continue to be monitored and inspected.
(c) Any storage facility which is not being
monitored and in spec ted in accordance with th "L s Tit 1 e
must be closed or r-emoved in a manner approved by the
Fire Chief in accordance with Section 17.32.080.
(d) Any person, firm or corporation having an
inter·est, including a h~a~:>ehold 1ntr.~rest, in real prop
e~ty and having reason to believe that an abandoned
stora(je L:lci1ity i~> lor.aterl upon such property shall
make a reasonable e£for:l: to locate such storaqe faciJ.ity
within six (6) months of the effective date of this
Title.
(e) Whenever an abandoned storage facility is
located, a plan for the closing or removing or the up-
9J.adin.g and permitting of such storage faci.lity shall b(c)
filed within ninety (90) days of its discovery. A
closure plan shall conform to the standards for closure
specified in Section 17.32.080.
17.12.050 Monitoring. (a) Monitoring Meth-
ods. 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 pre
ferred method~ hovtever, other means of monitoring may be
required by the Fire Chief. Where secondary containment
may be subject to t.he intrusion of water, a means of
monitoring for such water shall be provided.
Whenever monitoring devices are pcovided, they
shall, where applicable, be connected to attention-get
ting visual and/or audible alarms.
(b) Monitoring, Testing and Inspection.
Every permittee under this 'I'itle shall provide testing,
monitoring (if applicable) and inspections in ':X>mpliance
with the Hazardous Materials Management Plan and shall
maintain records adequate to demonstrate compliance
therewith.
17.12.060 Maintenance, Repai~ or Replacement.
(a) Every Permittee under this '11itJ.e shall carry out
maintenance, ordinary upkeep, and minor repairs in a
1 2.
··-----··-·--·--------------------~
careful and safe ma.nner. No permit or other. approval
will be required for such mainten~nce and upkeep.
(b) Any substantial modification or repair of
a storage facility othe~ than minor repairR or emergency
repairs sha.ll be in accordance with plans to be submit
ted to the F i r.e Ch H: f and approved in accord a nee with
Section 17.32.080 prior to the initiation of sucb work.
(c) P0rmittee may make emergency repairs to a
~;t:or:a·~l•--' fr:tcLLity in advance of seeking an additior.al
pt.~nni t a.pprovaJ. wh~:ncver an immediate repait' is required
t·~.) prevent or contain an unauthorized discharge or to
pr:otect the integrity of the containment. However,
w i. thin five ( 5) wor .king days after S!lCh emergency r:e-·
pai.t·s have been started, permittee shall seek an ac1di~
tional appr-oval pursuant to Sect1on 17.32.010 by submit
t inq d-rawings or other information adequate to descr-ibe
thP repairs to the Fire Chief.
(d) Heplacement of any storage faci 1 i t.y for:
hazardous materials which are liquids or solids at STP,
must be in accordance with the New Storage Fac i1 it ies
standards of Section 17.12.020.
17.12.070 Handling. (a) Dispensing and
i r.g of hazardous materials must r.ot be done in
manner as to substantially increase the risk
unauthorized discharge.
mix
such a
of an
(b) When hazardous materials are moved into
or out of a storage f~ci 1 i ty, they shall remain in the
travel path only for· the time reasonably necessary to
transport the hazardous material and such movement shall
be in a manner which will not substantially increase the
risk of an unauthorized discharge.
17 .. 12.080 Secured Faci 1 i ties. Access t.o the
storage facilities shall be secured by means of fences
and/or locks. The storage facilities shall be kept
secuLely locked when unattended.
17.12.090 Emergency Equipment~ Emergency
equipment shall be provided which is reasonable and ap
propriate for potential emer~encies presented by the
stored hazardous mat(!rials. Such equipment shall be
regularly tested and adequately maintained.
17.12~100 Posting of Emergency
Simplified emergency procedures Phall be
1 3.
• -• • . . . . 't ; ·-• ' ' . : . '"'
l?rocedures ..
posted con-
t
spicuously u-: locations \-!here hazanious materials at·e
stor(>d.
CHAPTER 17.16
HAZARDOUS MATERIALS MANAGEMENT PLA.N
Section:
17.16.010
1"1,16.020
Hazardous ~aterials Management Plan
Standard Form HMMP
17.16.010 Hazardous Materials Management Plan~
E01ch applicant for a permit pursuant to this Title shall
flle a · .... •r1tten plan, for the Fire Chief's approval, to
be k nOh'n as :-. tl<} za rdous 1·1a. te r i a.l ~> Nan ag em en t P 1 an
(il~·l:·l?), ·.-.rhich shall demonstrate the ~>u.itabJe storage of
h az .Jcdo us materials. The HW•1P may be amen1."\ed .;;t any
t l.me .,...it:1 the consent of the Fire ChieL 'The HMMP shall
be a public record except as otherwise specified. Ap
proval of the HMMP shall mean that the HMMP has provided
adequate information for the pu r.poses of evaluating the
penni t approval. Such approval sho.ll not be understood
to :nean that. the city has made an independent determina
tion of th0.· adequacy ~f thilt which is described in the
HMMP.
17 .. 16,.020 Standard Form HMMP ..
form Hazardous Materials Management Plan
ted unless the facility qualifies as a
site under Section 17.16.030 below ..
include and be subject to the following:
The standard
must be submit
minimal storage
The HMMP shall
(a) General Information: The HMMP shall con
tain the name and address of the facility and business
phone number of applica~t, the name and titles and
emergency phone numbers of the primary response person
and an al ternat2, the nllmber. of employees, number of
shifts, hours of operation, and principal business
activity.
(b) General Fa~ility Description: The HMMP
shall contain a map drawn at a legibh~ scale and in a
format and detail determined by city. It shall show the
location of all buildings and structuces, chemical load
ing areas, parking lots, internal roads, storm and sewer
drains, and shall specify the uses of adjacent p:r.:oper
ties.
1 4.
The city may also t:equire information as to
the lc.:.:ot.ion of wells, flood plains, earthquake faults,
surface water ~Jd1es, and/or general land uses (schools,
hospitals, inst1tutions, residential areas) within one
m i l e () f the f ·:l c i 1 i t y fx) u nct ~u· i e s ,
(c) FacilLty Storage Map: The HMMP shall
c ;) n L'l.i n a. f ·:t c i 1 i t y S t ( ) r a<; •: 1~ a p a t a l e g i b 1 e s c a 1 e f o t:'
licensu1.:5 and c~•f,wcemcnt. purpch'.fJ3, \'he information in
this :;r2(:LtrHl Lo pr,l\'id•>d for: L)Ul::'p()SGS of t~nsur-ing the
:>ult.-:tt)l•~ ·ELi ;';·'~<:ur.: ;:tc•t·d·./1.~ uf !VJ.zardous rnatf:>cials and
f.,H: the ')l"<.)l.J?\.'t.lU!'I il:od ~i<lf:i)t.y nf t~l!li.:'C(Jl'nCy r-esponse per
SO,ln~>.l :>.f ci~y. City :·:h<1ll t.dke ~~·;.>as.onc:~ble precautions
tc cnf;ur·e th:~ CCJI!L:;.denti.;ll;.ty of lhe information pro
vld·~d i)Ut~s~an:: t\) this 3Ubsc~(~ti.(Jn~
rrhc t\3cj_lltie~) st~)I."dqt~ (·~a.i) sha.11 indi(~,:1t~~ the
l ')cat ion o;: (::! .J. c h l~ ,;;. ;;. a c :'i u us m iter~ i a.l ~.> s t cs r a IJ e fa c i 1 it y,
and ac·~ess tu ~:u~:h stor;H>e f:acilitie~:> . .tn addition, the
map shall indic~te the location. of efi!et:gency equipment
t·elated to eac·h storagf~ facility, and the general pur
pose of the othct:· a.rc2.~; within each facility.
~·or each ~;tor,:qe facility, the map shall con
tain informdtlon as prescribed below, except that where
the haz<1rdous matet·lal being st.nr:ed is a trade secret,
it shall be identified in a coded manner: (and the key
shall be p·cov1ded separately) and not i.n a manner which
would reveal trade secret information:
(1} a floor plan to scale and the permit
quantjty ltmit;
(2) for each nonwaste hazardous material
which is stor-ed in a quantity greater than the quanti
ties specified in Sect1on 17.20.020(a) the general
chemical name, common/trade name, major constituents for
mixtuces, United Nations (UN) or North America (NA)
number, if available, and physical state. For each
waste hazardous material ~:;to red in any quantity with in
the storage facility, the presence of wastes shall also
be l.ndicated;
(3) for all hazardous materials 7 includ
ing wastes, stored in such stora.ge facility, the hazard
cl3Sf: or classes and the quantity range for each such
class, aggregated within t:ach stC!rage facility, in the
following ranges:
1 5 •
t
9uantity Range Number
1
4
5
Ranse Amoun~
Up to and including ~00 pounds
for solids, 55 g.;dlons for
1.\quids, and 200 cubic feet at
STP fur· eotn!)resscd <Jase:<;;
Between 500 and 5,000 pounds
for ~olids, SS <'}nd 510 gallons
f ;_) t: l t ,,-x-u i :1 ~~; and 2 n 0 an rl 2 , 0 0 0
cuhh~ t:<'et ,1t. :~''.'P of compn~~>scd
Bet.,.,'Ct~n :){(100 and 2S,OOO pounds
for solids, 550 to 2,750
>;al.lons foe liquids, and 2,000
tt) 1 o , o o o c u ·D i c f ( ~ c' t at s 'l' r f or
COiTlpres::-:.e-;1 <j<\SCS;
Ret~een 25,000 and 50,000
po~mds for S('.l i.ds .r 21 750 and
5,500 ga.l.1ons for. Uquirls~ and
10,000 and 20,000 cubic feet at
STP for compressed qases;
t-l:ore tho.n 50,000 pounds for
solids,, sfsoo gallons fo~ liq
uids, and 20,000 cubic fec~t at
STP for o::>mpressed gases;
(4) for mat.P.cials not requlatecl under:
this title, but regu 1 a ted under the Uniform Fire Coder
such as radioactives o~ cryogens, or for materials
.stored in storage fac i 1 it i es exempted by Sect ion
17.52.040(a) and (b), the Fire Chief may requit·<?! U1at
the hazard class or classes and the quantity range of
each such hazard class, using the quantity ranges listed
in subsection (3) above, be provided3
( 5)
water reactive, the
location.
for
map
hazardous materials
shall provide a code
which are
for: their
( 6) for tanks 1 the capacity 1 imi t of
each tank, and the hazardous materia 1 contained in each
t.ank by general chemical nanve-, common/trade name, major
constituents for mixtures, United Nations (UN) or North
America {NAI number, if available, and physical state.
16.
(d) Confidentiality of Facility Storage Map.
Due to the threat t .... 1 the security of the facility p::)sed
by the disclosure of the infonnation in the facility
Storage Map, this information shall he maintained by
city for law enforcement purposes only and shall not be
made s>ublic~ Public disclosure of th1:> infor-mation
could endangRr the securlty of the facility or present a
c 1 e a z:· dan Sl e r to pub 1 i c he a l t h and sa f ~~ t y • C i t y ~:; h a 1 .l.
not disclose tt1 is in foLmdt 1.0t"l L) the public ·,;lt h·:)ut trw
consent of the JJt~r.ni t t::.~e ~)1" l)C:r:n.\ t ~1})~)1 i~.~.Jnt dn? ... ~·.:::~~j
ord~c~r-ed to do ~.:;o by a co;1r'~ <)f' compe·:.:.r•nt j:J?·i:,di.cti.on ..
P•':'r.mittee or permit applic21t .=;hal1 i>:· cle;~:ned (~ c>::·:1.l.
party .in interest in any such action. Prompt :~ct.ice '~)f
a law suit: to compel clisclosut·c shall he rJiV(!\l by c1ty
to permittee or permit applicant. Ho<,.,'i)'/Cr 1 city shaLl
be under no dut::l to prevent cli~>closur•::-s ;,•ht:re tht•l:r~ !)a:;
been any unauthorized discharge of haz.:ndous 1~1ater:i.:ds
s t. ore d in any s to rag e fa c i l i t y s h o ¥n: on s t'. d'l map or
wher:e such disclosure arises out of any off tcial emer
gency response relating to the storage taciltty.
{e) A.nnual Update. The Fch:ility f>tcra<.je Map
shall be updated annually or •ftlhenev•:-r an add1Uor;al ->;p··
proval is required for the facility rx whenPvet· the
Hazardous Mater:.ials Inventory Statement is requir·ed to
be amended pursuant to Section 17.20. 010.
( f} Hazardous Materials Invento?:y Statement.
A. Hazardous Materials Inventory Stat~m;:;r.t shall !':><? filed
in accordance with Chapter 17.20.
(g) Separation of Materials. '!'he HMMP shall
contain a descr :Lpt ion of the methods to be uti 1 i zed to
ensure separation and protection of stored hazardous
materials from factors which may caus.e a fire or explo
sion, or.: the production of a flammable, toxic, or {Xli
sonous gas, or the deterioration of the primary or
secondary containment.
(h} Monitoring Pr:ogram. The HMMP skall <..'On-
tain il description of the location, type, manufacturer
specifications (if applicable), and suitability of moni
toring methods to be used in each storage facility stor
ing hazardous mQterials which are liquids cr solids at
STP. It shall also specify the frequency of inspections
of storage facilities which will be conducted by the
permittee.
{i) Record
contain an inspection
Keeping Forms. The HMMP
checksheet or log designed
1 7 0
shall
to be
used i n con j u n c t i on w i t n ,... out .i. n e i n ~,, r n c t t on s • 1' he
checksheet or log shall pr.ovlde for the r~corriin·J of the
date and time of inspect ion~ <':tnd for rnon i to;,·1nq dCt i
vity the date and titrh~ (.lf any correct:ive 3Ction taken,
tbe name of the inspectat:", and the counter signdture ,)f
the designated f.mfety manager for the fac i l :\ ty :)r the
responsible official -1.s designatf-l•t'i tn the HM~P.
( j) Emergency E'quipment" The H~t,MP ~3ha1.l d>>
scribe emer-gency equipment avaiLtbility, tv~:,tin,_!, i~!Yi
maintenance.
(k) Variation in I n fen· m <:1 t i o n .
tiona 1 in for mat ion ma1' be requ i n~d foe the ii:·l~··~t:) •,.,·);;_> r e
such info·cmation is reasonah1y n0.cessa.ry to me(~t th•.::·
intent of this TitJ.e.
(2) Requirements for inflnmation ~n th•!
Hr<1r1P may be t.vaived where such information is not rec'l~>('n
ubly necessary to mec=:t the intent of: this Title.
(.3) Nhenever-pel:"mittee has submitt~:d a
plan which includes :::,ubs tan t. i a 11 y the same in for!l1at. tl)n
as is required for any compor.~n t ( s) of the HMMP to any
other public agency regulat~ng hazardous materials 1 such
plan may be submitted tu the Fire Chief in lieu of such
component(s). The Fire Chief may give defer~nce to any
approval of such plan by the other public agency.
17.16"030 Short Form BMMP Minimal Storage
Siteo {a) A facility qual.i.fies as a minimal storage
site i. f thf· quantity o.f each nazardo us material stored
in one or more storage facilities in an aggregate
quantity for the entire facility is 500 pounds or less
for solidsv 55 gallons or less for liquids, or 200 cubic
feet or less at STP for compressed gases.
{b) ~~~he applicant for a permit for a facility
which qualifies as a m.i.nimal 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 o.f the faci.l
i ty showinq the location of thf"' storage facilities and
i nd icat inq the hazard class or classes and physical
state of the hazardous rna ter i a 1 s being stored, whether
any of the material is a waste, and shall indicate pres-
1 8 •
'
ence and location of hazardous materials which are water
reactive:
(3) A. ca"Ccin.ogen identificdtion form
which shall indicate the storaqe of any qu3.ntity of any
care inogen ). is ted in Sect ions 5 208-5215 and Sect ion
5219 of Title d as amended of the Californla Administra
tive Code. This provision will ue satisfied by the sub··
mittal to the Pt:::-e Chief of a cop'{ of the c:c-~rcinoqcn
Hegistxation form submitted to tlH: California. Depax~:nent
of: Indu.st.cial Relations .in accordance l•?ith UH' aho'.'t•
cited sections of said Title a as amended.
( 4) Information d:s·scribing that the·
hazardous materials wilJ be stored in a ~;ui ta.bJe manner
and will be appropriately contained, separated and il'Dni.-·
tored;
( 5) De~-;cr ).pt ion of emergency equip;n0nt
to be maintained;
( 6) Asr.n .. n::ance that the dis};)osal of dn_y
hazardc,us materials ..,,ill be in an appropriate rnann,~r.
(c) ~{here a claim for trade secret protection
pursuant to Section 17.20.040 is made foi:· any c:·~:n:c!.nogr:n
listed in Sections 5208-5215 and Section 5219 of Ti.tle 8
of the California Administration Code, as amended, iJUl~
suant to subsectiun (b)(3) above, the Carcinogen Identi
fication 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.
Section:
17.20.010
17.20.020
17.20.030
17.20.040
17.20.050
17.20.060
CHAPTER 17~20
HAZARDOUS MATERIALS INVENTORY
Hazardous Materials Inventory.
Information Required.
Public Records.
Trade Secrets.
Lockboxes for Trade Secrets.
Additional Trade Secret Information
Required.
17e20.010 Hazardous Materials Inventory State
ment. A Hazardous Materials Inventory Statement
(HMIS) shall be filed with the Fire Chief in accordance
1 9 ~
'
with this chapter. Any person, t'ir:m~ or corporation
which stores any hazar.dous mat€ria.l in an amount which
is equal to or greater than the quantities specified in
Section 17.20.020(a) is required to file an !iM.IS. Such
per son, firm or-corporation shall amend t.he HM r;.; w.i thin
thirty ( 30} days of t.he stor-age of any haz<:lrdoLw mate
t" i a 1 not 1 is ted thereon but required to be lis ted by
SecU.on 17.20.020(a) or. of an increase above the quanti.-·
ty range listed in accordance with Section 17,20.020{c)1
or. r.:eguir:ed t.o be identified in accordance wi.th s~~ction
17.20.020(d).
17.20.020 Information Requ1~ed. (a) lnforma-
t ion shall be included in the HMIS for each hRzardous
mat e1~ i a 1 stored in a facility ( aggregated over all such
mat;:~r:ial stored in one or more storage facilities) where
the aggre<Jate qua.ntity throughout the facil.ity Ls
greater than five hundred {500) pounds {lbs.) in weight
for solids, greater than fifty-five (55) gallon~: for:
liquids, or greater than two hundred (20C) cubic feet at
standard temperature and pressure ( STP) for compressed
g a_ses.
(b) The in the HML3 shall
include~
( 1) r'or. non-wastes: The geneL"al chemi-
cal name, conunon/trade name, major constituents for
mixtures, the manufacturer, United Nations (UN) or North
America (NA) number, if available, and the hazard class
or classes and the Material Safety Data Sheet (MSDS) or
equivalent information as required by the Fire Chief.
{ 2) For wastes: The Department of
Health Services manifest for wastes or equivalent infor
mation, and the hazard class or classes.
(c) In addition, the HI-liS shall state the
aggregate quantity range stored in each building (to
gether with appurtenant structures) or rtorage fa~ility
if not lo~ated in a ould ing or appurtenant str uctu r.e,
h az:ar:·dous material ( i) 1 is ted in ter:ms of tbe quantity
ranges stated in 17.16.020(c){3), ranges 2-5 (Jnd (ii)
stored in the area covered by the app 1 i cable permit.
(d) The HMIS shall also include a carcinogen
iden t i .t i cat ion fox·m which shall indicate the storage of
any quantity of any care inogen 1 is ted in Sect ions 5208-
521S and Section 5219 of Title 8, as amended 1 of the
California Administrative Code. This provision will be
20.
•
satisfied by the submittal to the Fire Chief of a copy
of the Carcinogen Registration form submitted to the
California Department uf Industrial Relations in accord
ance with the above cited sections of said 'ritle 8 as
amended.
(e) Where a claim for trade secret rrotection
is made fer any hazardous material pursuant to Sect ion
17.20.040, the HMIS to be publicly disclosed shall indi
cate the number of materials claimed to be trade secrets
a.nd the aggregat(= quantity t·ange stored at the facil:lty
for each such hazardous material stated in terms of the
quantity ranges set forth in Sect ion 17. ·16. 020 ( c }( 3) 1
rangP.s 2-5. Where a claim for trade sect"E:t protection
is made for any carcinogen identified pursuant to sub·
sect ion (d) above 1 the Care inogen Reg is l rat ion form to
be publicly disclosed shall indicate all carcinogens not
claimed to be trade secrets and it shall indicate the
nwnber of ca~cinogens claim0d to be trade secrets.
17.20.030 Public Records~ The HMIS 1s
1 ic record except that no tr.:1de secret shall be
ed. Any request for a public record hereunder
submitted in writing the Fire Chief.
a pub·
disclos
shall be
17.20~040 Trade Se~rets. Permittee or permit
appl icunt may make a claim for the protect ion of the
id~71tity of any hazardous material which is its tt·ade
secret by filing a declaration under penalty of perjury
on a form provided by city, signed by the p2rmittee or
permit. applicant, supporting the trade secret status,
for each such hazardous material asserted to be a trade
secret. The name-of the hazardou~ mater. ial shall not be
disclosed on said decla~ation.
17.20.050 Lockboxes for Trade Secrets. For
any hazar.dous material for wh.ich a claim has been made
under subsection 17.20.040, the exact name of the trade
secret material, its qu~ntity range by sto~age facility,
and all ot.ber in format ion required under Sect ion
17.20.020(b) must, subject to the approval of city, be
placed in a double-keyed lockbox and maintained in at
least two locations Qt the facility. One key shall be
provided to city at the time the permit becomes effec
tive. The other key shall be maintained on site at all
times .. and readily accessible to permittee 9 s designated
emergency response person. Such emergency response per
son sha.U cooperate with city in opening the lockbox at
any time city responds to an emergency or unaL\thorized
discharge on the s1 te involving the storage fac i 1 i ty in
21.
which the trade secret matecLal .is cont "ined. In the
event that the permittee's designated emergency response
person is not immediately available to as~ist city emer
gency response personnel to open the lockbox, such city
personnel are authorized to break the lockbox.
17.20.060 Additional Trade Secret Information
Required. For any hazardous material for which a claim
has been made under. Section 17.20.040, in addition to
providing the lockboxeB, the pe rml t. tee or penni t app l i
cant shall providf~ infor.mation to the city undet· one of
the following alternatives:
(a) 1\lternative One. Il1 lieu of submitting
the exact chemical name of said trade sGcr.et mat~rial f
permittee or. pF.?rmit applicant may submit a description
of the hazardous material, including but not limited to,
the chemical and physical properties 1 hazard class, re
activity characteristics v fire and explo~> ion character.
istics of the trade secret. material; at a level of
specificity satisfactory to city, and on a for.m provided
by city~ The description must .inc.lu.de health kL·-::rct
in format ion including remedies and countermeasures
appropriate for emergency ~esponse and in case of human
exposure to the trade secret material. Such description
must be adequate to enable city to assess the suitabili
ty of the proposed containment and the proposed monitor
ing plan. The description must be certified in writing
as accurate by a chemist or chemical engin~~~~ or
(b) Alternative Two. J.nste.?.d of submitting
the name of the trade secret to city, the trade secret
information, together with all submittals pursuant to
this title, may be submitted to an independent chemical
engineer or equivalent licensed professional, subject to
approval by city, who shall certifyp in writing, the
suitability of the containment design, the monitoring
methods and plans, and t.he separation of materials, and
the accuracy of the fac i 1 i ty storage map with regard to
the information relevant to the tr.a.de secret. All such·
submittals remain subject to city•s review and approval
under this Title; or,
(c) Alternative Three. The trade secret
~nfor-mation sought to be protected, may be submitted to
city on a separate form or forms, clearly and oons~icu
ously marked or labeled as containing trade secret
in format ion r and said form or· forms must be submit ted
only to a city official de:3ignated by city to receive
trade secret information. If this method of protecting
the trade secret in for rna t ion is chosen by pe·cmi t tee or
permit applicant, such party shall also subroit a waiver,
22.
----------------------------................... ..
•
relieving cJ.t.y of any and all liability resulting from
disclosure of the trade secret in violation of this
Section.
( 1) The city official shall endeavor to
pr:otect ft·om disclosure any and all trade secrets which
come in to the city's possess ion pursuant to subsection
(c). If an actio:1 iB instituted under r::~l ifor11ia Public
Records Act for the r:elease of ~:;uch trade secrets, the
pc:rmi.ttee or permit applicant shall be deemed a real
party in interest in any sucl'1 act1on. Nut.i(..;2 i.:if ,:;. Jaw
suit to compel disclosure shall be given by city to per
mittee or permit appl.icant prompt:y upon receipt of such
notice by city. The permittee or permit applicant shall
have the option to defend city in any such action. 'l'he
permit tee or permit appl i eaid. sha 11 indemnify th~~ d. t y
for an; and all attorney's fees, costs and expenses
imposed on or otherwise incurred by city 1n any proceed
ing related to this section, as well as fo~ any judgment
imposed pursuant to California Government Code Secti:)n
6259.
(2) Any information reported to the city
official p under this subsection (c) r which is exempt
from disclosure pursuant to this Chapter, shall not be
disclosed to anyone other than as required by law, ex
cept an officer or employee of the ci t::z. i.r. con nee·-ion
with the official duties of such officer or employee
under any law for the protect ion of health, or to con
tractors with the city and their employees~ if in the
opinion of the city 0ff i c i al such disclosure is necesM
sa.:r.y and requiced for the satisf(',~.(!tory performanc~ of a
contract for performance of work.
( 3) Any person who by virtue of employ
ment8 contractual relationship or official position has
obtained possession of or has had access to information,
the disclosure of which is prohibited by tbis Chapter,
and who knowing that disclosure of the infor.mation is
prohibited, intentionally or recklessly discloses the
in format ion in any manner to any person not ent. it l1~d to
receive it, or uses the in f.· or mat ion for h j.s or her own
use or advantage, shall be guilty of a misdemeanor.
(4) Information certified by appropriate
officials of the United States, as necessarily kept
secret for national defense purposes, shaJ..l be accorded
the full p:rotections against dj sclosure as specified by
such oificial or in accordance with the laws of the
United States.
23.
t
(5) The City Council shall; by reso.lu
t ion, ali1pt a procedure designed to prevent knowing or
negligen·, .. disclosure of trade secret information in the
possessio1 of or accessible to city, its agents and
employee:::. by v l rt ue of this Chapter. Such proc·ed ure
shail ide··.tify which officials shall havE-: access to the
i nfor~..dt: :ton 1 and the means by v;hich access will be con
trolled and monitored. 'l'rade secret information shall
be m • .Hntained in secur-ed facilities which ar·e designed
to r1rev·cnt in.c"A(i\lCrt.ent c~r unauth')~~iz~~ HC~f-o:Pr.;s or dis-
closur-e.
(6) The confidential treatment, pursuant
to this Chapter, of the identity of such tea de secr·e t
disclosed to the city does not ~pply where the!':'e has
been an v unauthor: i z r::~(] c1i sch ar.·ge re 1 a t~~d to such tr: a de
s~::: cret mat.er i al which :i.s reportable in cornpl i anc'<: with
Sc"!ct ion 17. 24. 0 10 or.· wher.e such ,, is closure arises Ol\t of
any official emergency ~esponse relating to any storage
facility involving such trade secret information by
p~blic safety personnel of city.
Section:
17.24.010
17.24.020
17.24.030
17.24.040
17.24.050
17.24.060
17.24.010
CHAP'I'ER 17 .. 24
RESPONSIBILITY
Reporting Unauthorized Discharge.
Unconfirmed Unaughorized Discharge.
Confirmed Unauthorized Discha~~e.
Gases at STP.
CJ.ean-ui-' Responsibility.
Indemn if i. cat ion.
Reporting Unauthor.ized Discharge.
(a) L igu ids and Sol ids at STP. As soon as
any person in charge of a storage facility or responsi
ble for emergency response for a facility has knowledge
of any unauthorized discharge of a hazardous material
which is liquid or colid at STP, such person shall take
all necessary steps to ensure the di~covery and contain
ment and clean up of stwh discharge and shall reco::j or
~eport the occur-rence as required by this Chapter.
17.24.020 Unconfirmed Unauthorized Discharge.
(a) Indication of Loss in Inventory Records.
Whenever a material balance or other inventory record,
employed as a monitor i11y technique under the HMMP, ind i
cates a loss of hazardous material, and no unauthorized
24.
' '
discharge has been confirmed by other means, perrnittee
shall have five wo~king days to determine whether or not
there has been an unauthor.· i zed discharge. If be fore the
end of such period, it is determined that there has been
no unauthorized discharge, an entry explaining the
occurrence <3hall be made in per.mittee 1 s monitoring
record~. Where permittee has not been able, within such
pericd, to determine that there has been no unauthorized
cl is cha ~--CJ e, an una. u thor i zed J i schat~ge is deemed confirmed
and pe-cmi t tee sh al1 pr:·oceed in accot:d ance \vi th Sect ion
l'7,24.030(b).
(b) T!?:S t Res ul U;. Whenever any test resu 1 t.s
~:,uqqc>st a possible unauthorized discharget and no un·
autliori zed dischar.qe has been confirmed by other· means,
the )?ermittee shall have five (5) ·..vorking days to
rett:st. If second test re~wlts obtained ·within that
period e:=.:;tabl ish that ther.-e has been no unauthorized
discharge, the results of bot\1 tests shall be recordE·l"1
in pennit.tees mGnitor:ing records. If it has not been
eEtablished within such period that there has been no
unauthor: i zed d ischar:ge, an unauthorized dis charge is
deem:-:-d confirmed and permit tee shall p··oceed in accord
ance with Section 17.24,030(b).
17.24~030 Confirmed Unauthorized Discharge.
Any unauthorized discharge \<Jhich is confirmed by any
means or is presumed confirmed pursuant to subsection
17.24.020 sh~ll be treated as follows:
(a) Record.:::tble Unauthorized Discharge. Any
recordable unauthorized discharge as hereinafter de
fined, sha11 be contained and safely disposed ot in an
appr.opr i ate manner by permit tee and such occurrence and
the response thereto shall be recorded in the permit·
tee 's monitoring records. A recordable unauthorized
dis charge is any unauthorized discharge of a hazardous
material wh!ch meets all of the following criteria:
( 1) '1,he discharge is from a primary con
tainment to a secondr;1ry containment or to a rigid abo·.,e
ground surface covering c.;:..pable of containin9 the die
charge until clean up of the hazardous material is com
pletedi and
(2) The ~ermittee is able to adequately
clean up the discharge bsfore it escapes from such
secondary containment or such above ground surface (but
if the clean-up requires more than eight (8) ho,Jrs, it.
becomes a reportable discharge in accordance with sub
section (b) below); and
25.
t '
( 3} There is no incr.ease in the hazard
of fire or:-explosion, nor-is the:re any production of a
flammdhle or poisonous gas, nor is there any det.erior-a
t ion of such secondary containment or such rigid above
qround surface.
(4) An otherwise recordable unauthorized
d 1 schar.:w does not need to be r.·ecor-ded or reported as
provided in sub~-:cction (b) if the discharge is not the
r·~:;~llt:. .)f U:~~ z'kU~ricr.a.tion or failure of the r'rirnar.y
c,,ntai..rh?t-c1nd UH., ..:1uant:tty discharged 1s less than one
,):JnC•.? by · . .,;ei~Jht, and can be cleaned up within fifteen
~n i n u t ·~ ~.:; ,
(b) Reportable Unauthorized Discharge. Any
unauth•Jt·izc:d discharg~ whi.ch is not determined to be
recordable unac~ subsection (a) above, must be reported
to the Fire Chief irrunediate1y. 'l'he reporting party
·.::;h~ll pr-ovide infocrnat.ion to the ~"ire Chief relating to
the iibi l.ity of perm1ttee to contain and dispose of the
hazd.r:dous material, the estimated time it 1dill take to
complr:tc containment and disposal, and the degree of
hazard created. The Fire Chief may ver ... fy \:hat the
hazardous matErial is being contained and appropriately
disposed. Whenever the Fire Chief determines that per
mit tee is not adequatE::ly containing and d ispo~-Ji n9 of
such hazardous material 1 the Fire Chief shall have the
power and authority to undertake and direct an emergency
response in order to protect the public heal t.h and/or
safety.
17.24 .. 040 Gases at STP. Sections 17e24.020
and 17.24.030 notwithstanding, any person in charge of a
storage fac i 1 i ty oc responsible for emergency t·esponse
foe<:~ storage facility, who has knowledge of any un~·
al.:tthori?.ed dischorge of a hazaxdous material which is a
gas at STP, must immediately report such discharge to
the city i.f such discharge presents a threat of imminent
danger to public health and safety.
17924Q050 Clean-up Responsibilityo Any per-
son, firm or. cot·porar ion respon.s iblc for.· storing the
h~zardous material sna1.1 institute ~nd complete all
actions necessary to remedy the effects of any unautho
rized discharge, whether sudden or gradual. City shall
undertake actions to remedy the effects of such unautho
rized discharge itself, only if the Fire Chief deter
mines that it is reasonably necessary unde~ the circum
stances for the city to do so. The responsible party
shall be liable to reimburse city for all c:..1sts incurred
by ei ty in remedying the effects of such unauthor L~ed
discharge, including the costs of fighting fires to the
26.
.. .. . ,. . . . . ;. . .
' t
maximllm extent all,:-:wed by law. This responsibility is
not <-" .. mditioned upon evidence of willfullness or negli
gence of t.:.he party stor ir:1:" the hazardous material ( s) in
causinq or allowinq suct1 discharge. Any responsible
party wh() undertakes -:1ct ion to remedy the eff~cts of
unauthoriZIO'(l discharqe(s) 2.hall not be bat·red by this
title from se0kin~ to recover appropriate costs and
expenditucl:'~s ft()iTI uthe~: l:(~spon.slbJe pal:'ties except. as
pro\'li~·~·J ;,y ;-;,",'~_.ion 17,24,1)60 ;;lnd this ;)ection.
1"1.24 ,060 Indemnif.!.cat.i.on. 'l'he permittee
::.;hall :u-;demn\fy, hold i1at"mlr-;~:;s and defend the city
against any ct.:lJJn, ca!~:-::.•2 of act.ion, disability, los~:;,
liability 1 damaqe, cost or ey,pense, howsoever arisin'],
which occu-c:::; i)y n::ason of an unauthorized discharge in
conn e c t i. on ··.d t h p:: r :n i t tee 1 :-} ope ~_· a. t. ion s u n de !::' the pe nn i t
requin:d under this 'Title except 3S arises from city 1 s
sole willful act or sole active negligence.
Section:
17.28.010
17.28.020
17.28.030
1'1.28.040
1L28.0SO
CHAPTER 17.26
INSPECTIONS AlW RECORDS
Inspections by City.
Inspections by Permittee.
Special Inspections.
Substituted Insp8ctions.
Maintenance of Records.
i7.28.010 Inspections by City. City may con
duct inspect ions 1 at its discretion, fot· the pu t·pose of
ascertaining compliance with this Title and caus~ll19 to
be corrected nny conditions which would con st i tu te any
violation of this Title or of any other statute, code,
rule or regulation affecting the storage of hazardous
materials.
Permittees are not required to disclose the identi
ty of hazardous materials protected as trade sect·ets
pursuant to Chapter 17.20 to anyone other than the
official designated for that purpose pursuant to Chapter
17.20 except in the case of an emergency response or an
unauthorized discharge related to the stot.·age facility
in which the trade secret material is con t.ai ned. 'rhere
foce r pet:mittee may put t(:!mporary coverings over the
L=1.be l s of trade secret ;r.ater. i al s during the course of
city inspections conducted by other than the city
official so designated.
(a) Right of Entry. Whenever necessary for.'
the purpose of investigating or enfo:r.ci.ng the provisions
27.
' '
of this Title, or whenever. any f;nforcement offlcer hc.s
reasonabJe cause to bel it,~ve that there exists in (;l.ny
structure or upon any premises! any c·ond.i.tion which c·on
stitutes a violation of this 'I'itl•.?, saHi officers may
ente-r such ~tructure i)t" pre11u sc:s .:.1t <J.ll. reasonable times
to inspect the same, or to perform any duty iffiposcd upon
any of sairl respective off1ce~R by law; provided that if
such
shall
ent l~'/ r
s t r u c t u r e o r p r e ,:1 i ~-=-(~ s
f i t s. t l 1 c e ~,; r.~ n t i.! r () ~) t:" t"
~:~tnc1 ftlrtf·l(~t· i,)t"'.'i~/.it.1~c·"1'
hr~ \)CC Dl) jed I
'".:.1· (~ i.1 (:.' r1 t i ~-1 ~-s
r,h,£\: i. f .~;u ch
the officer
a.nn request
:> t r u c t u r e or~
l?L~~mise~; .ts ;_~nocc~.Jf>lt.:~cl, ·i.:ht: {)ff.l.cs.")t· ~~hal: fit~:;t 1nakr-~ a
r·eascnabl(' attempt to c<>r~tact a r:-:,:sp~iH>ibl0 person from
such firm or corpot·ati!)n and reqU(!::>t .:~ntry, 2:~ccpt. in
ern<~r''~F~ncy cir-cu:-11::;tance.:;. If such entry i:; r<:C:fu:,:;ed, the
officer soekinq e~1try shcill :·~ave; r:<?cotnse to every
remedy provided h'{ la·,... to ~;ecu!:r: ~.:~ntt:·y.
(b) Inspections by City -Discretionary. All
inspections specified hr:rein Ghal1 be at the cliscn~tion
o f the c i t y an c1 no t h i n g in t h i s t i t 1 e s h <~ 11 bt::~ Ct) n s t r u e d
as requ i r: i ng the c 1 t y to conduct any such inspect ion nor
shall a.ny actual insp(-:t~tion made im;)ly a cuty to conduct
any other inspection, Furthecnore, nGthing in this
title shall be construed to hold the city or any of
ficer, employee or ~epresentative of the city responsi
ble for any damage to per-sons or property by reason of
making an inadequate or negligent inspection or by
reason of any failure to make an inspection or reinspec
tion.
17.28.020 Inspections by Permittee. The per
mittee shall conduct regular inspections of its own
facilities to assure compliance with this Title and
shall rnai n ta in logs or f j, le r.'epor-ts in accordance ~~i th
its Hazardous MC'Iterials Management Plan. The inspector.
conducting such inspect ions shall be qualified to con
duct such inspections.
17.28.030 Special Inspections. In addition to
the inspect ions specified above, city may require the
periodic employment of specia1 inspel cars to conduct. an
audit o~ a3sessment of permittee's facility to make o
hazardous material ~:;afety ev-!:lluat ion a.nd to determine
compliance with the provisions of this Title.
(a) l'he special inspector shall be a quaU.
f ied per son or. firm who sli.:s.ll demonstrate exfJ>":rt i se to
the satisfaction of the Fire Chief.
(b) The spt!cial inspection report shall in
clude an evaluation of the facilities and recorrunenda
tions consistent with the provisions of this title where
28.
' '
appropriate. .~ copy of the report shall be filed with
the Fire Chief at the same time that it is stlbmitted to
l_)ermi t tee.
(c) Permittee shall, within thirty { JO) days
of said reportr file with the Fire Ch1ef a ()J.an to im
plement all -recomrnendations, or shall demonstrate to the
sati[;L:~ct.ion of the Fire Chief ·~my :_;tJ;;h t(:cor:1mcr1dations
shaLl not be imp.lr?ment':'·.l.
17.28.040 Substituted Inspections. rm
t. ion by an employee of any ~)t:her· ~;ubl ic ag<.~ncy
deemed by the Fire Chief a:-; -::: 13!.lbr,tit:ite for
quirement of the Title.
1 nSfJr~c
may be
a.n.y re-
17.28.050 Maintenance of Records. i\ll recor-ds
required by this Title sh,3.l t he maintairP:d by the per
mittee for '' period not less than three (3) ye-,r.s. Said
records shall be made available to the Pire Chief during
normal wocking hours and upon rea:>onabJ e not ice.
Schedule:
17.32.010
17.32~020
17.32.030
17.32.040
17.32.050
17.32.060
17.32.070
17.32.080
17.32.090
17.32.100
17.32.110
17.32.120
17 • .32.130
17.32.140
CHAPTER 17.3 2
APPI,ICATION FOR PERMIT
Permit.
Application for ?ermit.
Investigation.
Approval of Permit.
Provisional Permit.
Temporary Permit.
Issuance of Per~its.
Additional Approvals.
Term.
Renewa 1.
Determination.
Fees.
Transfer of Permit.
Effective Date of Permit.
17.32.010 Permite All~' per:·son, firm, or cor-
poration which stores any hazardous material shall ob
tain and keep current a Hazardous Materials Storage
Permit issued pursuant to this Title. One or-more such
permits shall be issued for a facility according to the
anministrative convenience of the Fire Chief. Addi
tional approvals shall be obtained for any storage
facility thereafter conn.;:cted, installed, constructed,
repaired as required by Section 17.12.060, substantidlly
modified, replaced, closed, or cemoved, or for any
change in or addition to hazardous materials stored not
29~
in accordance with the prior appt:'oval. NotwithstM\('Hng
the above, permittee sha.ll have thirty (30) days t.o
apply for an additional approval fot:' the storinq of a
new or different hazardous materia 1 \vi th the same ha zarrl
class as stated on the existing r.':.""!"":l'it approvals '""here
such storage does not i ncr.ea se 1:.11 '-' na zard of fire or
explosion or: the hazan':l of the production of flammahte
or poisonous gas. Storage of new Ol~ oiffe~:ent. hazardous
mat e L' i a 1 s r no t me e t i n g aLl o f these c r i t e r· L~ 1 s lL 1 1
require tne prior ~dditional approval.
17.32.020 Application for Permit. Application
for a new, amended, ot: renewed perm.i..t or an adc11:1onal
approval shall b£: made to the Fire Chief •)11 the for;n
provided by city. In addition to the infocnatiuo re
quired by such tor.m, applicant Dhall :,ut:rr:~~ t the Ha!.ard
ous Materials Management Plan required bv 8ection
17.16.010 and construction plans~ if any, in confor:.·nity
with Section 17.12.010. Applicant shall spe>2ify th~!
permit quantity limit requested to be permitted fo~ each
storage facility.
1 7. 32 .. 030 Investigation. 'l'he F'i re C:: i e .f may
make such investigation of the a.pplicont and the pto-·
posed facility or activity as the Fire Chief deems
necessary to carry out the purposes of this Title.
17.32,040 Approval of Permit. A
not be approved until the Fire Chief is
the storage approved adequately conforms
sians of this Title.
p~r.mi 'C sholl
satisfied that
to the prov 1 ~
17.32.050 Provisional Permit. If tb~ Fire
Chief finds that the proposal does not completely con
form to the provisions of this Title, the Pire Chief may
approve ?. provisional permit, subject to conditions to
be imposed by the Fire Chief, when such a provisional
permit is feasible o.nd does not appear to be detrimental
to the public interest. 'fhe applicant must t>e informed
in writing of the reasons why a full term permit was not
issued.
17 .. 32.060 Temporary Permit. A Temporary Pet:-
mi t for storage may be issued where storage does not
exceed 30 days and occut"s no more frequently than every
six months. The Contajnment Standards of Chapter 11.12.
the Hazardous Materials Management Plan of Chapter 17.16
and the Inspection and Records Requirements of Chapter
17.28 may be modified a.s appropriate under these circum·~
stances for the storage of hazardous materials on a non··
regular temporary basis.
30.
t '
17.32.070 Issuance of Permits.
(a) Issuance. Upon the app:roval of a tempo-
rary, p~ovisional, or full term permit ~y the Fire Chief
and upon the payment of any applicable fee, the officer
shall issue and deliver the permit to the app l i c3nt.
Such permit shall contain the following infocmation:
( 'l) The name and adch·r:;-s:3 of the pecni t.-
tee fo:c purposes of notice and ::;ervic::~ of pt·oct~S~'i
(2) The address of the f<;ci.lity for
which the permit is issued;
( 3} Author· i zat ion of any and all :;tot·aqe
faciliU.<~s approved under the permit, the pcrrnit quunt-_i
ty limit or limits and the approved hazar-d cla.s:-:. or
classes for each sto~age facility,
(4) 'rhe date the permit is effective;-
(5) The date of expiration;
(6) When applicable, a desiqnation th.:d:
the permit is provisional or temporary;
(7} Any special conditions of the
permit.
{b) Records. The Fire Chief shall keep a
record of all permits issued and all conditions attached
thereto.
17.32.080 Additional Approvals. (a) When a
request for an additional appro•Jal is filed as requ i ed
by Section 17.32.010, the procedures set forth in this
'I'itle for an ,'}pplication for a permit shall also apply
to such an application for an additional approval. Each
application for an additional approval shall be accom
panied 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 ba ~ardous ma.ter i al ~ at the storaye facility. Such
closure shall be in accordance ·~.,ith a closure plan which
describes procedures for terminating the storage of
ha z:m:dous mater· ial s in each stor. age fac i 1 i ty in a mannei:'"
that:
31.
'
(c) Minimizes the need for further mainte
nancet and
(d) Controla to the extent that a threat to
public health or safety or· to the env.ixonm(~nt from
residual hazardous materials in the storage facility is
minimized or eliminated; and
(e) Demonstr.ates that 11az<:n.-dous materL)lH
that were stored ir. the storagQ facility ~<till be re···
moved, disposed of, neutralized, or reu~;ed in an appl~o
priate manner.. This thirty (30) day ;Jeriod mi:ly h<'~
waived by the city if there are specio.l circumstanc!.'•s
req~iring such waiver.
17.32.090 Term. A pe~mit may be issued for a
term of two (2) years, excepting pr-ovisional per.:rnits
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.
17.32 .. 100 Renewal. Every app 1 icat ion tor the
renewal of a permit or extension of a p·rovisional pet:mit
sha 11 be made at least thirty ( 3 0) days pt· ior to the
expiration date of such permit. If a timely application
for renewal has been submitted, the permit shall remain
in effect until the Fire Chief has made a determination
pursuant to Section 17.32.110 and any administrative
appeal pursuant to Chapter 17.36 has been exhausted.
17.32.110 Determination. The Fire Chief shall
make a deter·mination with regard to any application for
a permit, an add i ._ ional approval, or-a renewal, with in
ninety ( 90) days from the date that the application h21s
been completed or compl i a nee with the appropr i at~ pro
visions of the California Environmental Qudlity Act
{CEQA) has been completed, whichever occur·s later. This
time limit may be further extended by mutual agreement
between the Fire Chief and applicant.
17.32.120 Fees .. City shall establish
sufficient to recover its costs in ad min is ter ing
title and no application need be accepted unless
until the fees have been paid.
fees
this
and
(a) Delinquent Fees. All pennit fees delin
quent for thirty ( 30) days or more shall be subject to
an additional charge to be det.erroined by city which
shall be added to the amount of the fe(! collected.
(b) Refund of Fees. No refund o~ rebate of a
permit fee shall be allowed by reason of the fact that
32.
I
the permit is denied or the permittee discontinLH:·:s 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.
17.32~130 Transfer of Permit. The permit may
be teansferred to new owners of the same business only
if the new owners accept responsibility foe all obliga
tions under this title at the time of the transfer of
the ous.i..ness and clocument such trAnsfer on a form pro
vided by c:ity vlithin thirty (30) days of transfer of
ownership of the business. Eiuch transfer shall be s.ub
ject to the approval of the Fire Chief.
17.32~140 Effective Date of Permit. No permit
shall become effective until the permit ha~-; been .signed
and accepted by the permittee. Where tne permittee is a
company, firm or: corporation~ t.he ac<Y:.>pt2(nce must be
signed by a person having the legal author1.ty to bind
the permittee.
S(~Ct ion:
17.36.010
17.36.020
17.36.030
17.36.040
17.36.050
17.36.060
CHAPTER 17~36
DENIAL
Denial of Application.
Grounds for Denial.
Transmittal of Decision.
Appeal to City Manager.
Hearing on Appeal.
Disposition of Appeal.
17$36.010 Denial of Application. If the Fire
Chief has cause to deny th~ application and determines
that it would not be feas i bJ e or in the public interest
to approve a temporary or provisionaJ. permit, then the
Fire Chief shall deny the application.
17.36*020 Grounds for Denial~ A permit shall
be denied if the applicant fails to demonstrate adequate
conformity to the provisions of this Title. In
addition 1 a permit can be denied for any of the grounds
upon which the pe:rmi t would be subject to L·evoca t ion
pursuant to Chapter 17.40. ·
11~36.030 Transmittal
sion to deny the application
plicant in writing, setting
which the decision is based •
of Deci~ion. The deci-
shall be given to the ap
forth the findings upon
.33.
. . -· . . . ~ .-. . . --.----.. . : ..... -:·. . . . . . ·. ~ . ' .:. . . . . '
' '
17.36.040 Appeal to City Managero Within
thirty (30) days from the date of deposit of the
decision in the n1ui 1 in a.ccordance w.i th Sect ion
17.36.020r the applicant may appeal in writing to the
City Manager or his designee set:ing forth with
particulacity the ground or grounds for the appeal.
17. 36.050 Hearing on Appeal. ·rhe city Nanager
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 day~~ from the
date the appeal was rece:i ved by the City Manager. 'fhe
hearing shall be conducted within thirty (30) days from
the date the appeal was received by the City Manager.
17.36.060 Disposition of Appeal~ After the
hearing on the appeal, thE~ City t•1ano.ger may refer the
matter back to the Fire Chief for. a new investigation
and decision, may affirm the decision of the Fire Chief,
may approve a provisional permit as provided in Section
17.32.050 or:· may c:.pprove the ar·;='~ication wit.h or without
conditions. The decision of the City Manager shall he
the final administrative determination and is subject to
judicial review.
Section:
17.40.010
17.40.020
17.40~030
17.40.040
17.40.050
17.40.060
17o40~070
17.40.080
CHAPTER 17.40
FtEMEDIAL ACTION
Grounds for Remedial Action
Notice of Noncompliance
Notice of Hearing
Suspension Prior. to Hearing
Remedial Action
Transmittal of Decision
Authority after Suspension, Revocationp
or Expii.-at ion
Return of "l?errnit
17.40.010 Grounds for Remedial Actionc A per
mit may be subjected to remedial act ion for any of the
following causes, arising from the acts or omissions of
the permittee, either before or after a permit is
issuedz
(a) Fraud, willful misrepresentation, or any
willful, inaccurate or false statem-ent in applying for a
new or renewed permitJ
34.
---------------------------------------------------------------------------------------------~
t
(b) Fraud, willful misrepresentation, or any
willful, inaccurate or fal.se statement in any report
required by this title;
(c) Failure to abi..1te, corr-~ct or rectify any
noncompliance within the time specified in the notice of
noncompliance;
(d) F'ailure to correct conditions constitut-,
ing an unreasonable risk or an unauthorized discharge of
ha-zardous rnaterials within a rt:at;onable time aftet"
notice from a governmental en.tity other than city;
(e) Failure to abide by the remedia.l action
imposed by the city.
(f) Failure to pay any applicable fees.
17.40.020 Notice of Noncompliance. Unless thf·.
Fire Chief finds that an immediate suspension under Sec
tion 17.40.040 is necessary to protect the public health
or safety from imm :L ne n t danger, the F i r.e Chief shall
issue a notice of noncomp1iance:
(a) for failure to comply with the provisions
of this title, any per-mit cor1ditions or any provisions
of the Hazardous Materials Management Plan~ or
(b) before taking remedial action p~rsuant to
Section 17.40.010.{d)
Sl\Ch notice shall be given in writing to per
mittee in person or by mail. If the noncompliance is
not abated, corrected, or rectifie~ ~ithin the time
specified, remedial action may be taKen.
17.30.030 Notice of Bearing. A notice of
hearing shall be given to the permittee by the Fire
Chief 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 le~st
fifteen (15) days prior to the hearing date.
17.40.040 Suspension Prior to Hearing.. When-
ever the Fi~:e Chief finds that suspension of a permit
prior to a hearing for. rerned ia l act ion is necessary to
pt·ot~?ct the public health or safety from imminent
danger, the Fire Chief may immediately suspend any per~
mit pending the hearing for remedial action. The Fire
Chief shall immediately notify the permittee of such
3 5.
'
suspension by having a written r~otice of the suspension
personally served on the permittee. Permittee shall
have the opportunity for a preliminary hearing with
t·eg ard to such prehea ring sus pens ion within three ( 3)
working days of receiving written notice of such suspen
s ). on.
17.40.050 Remedial Action. If the Pire Chief,
atc-~r~ the hearing, finds that. cause exists fot' r.·emedial
action, tlle Fire Chief shall impose one or mor.e of the
following:
(a) A warninq;
(b) An order to c.::>rrect
compliance specified in the notice
Section 17.40.02J;
the pal~ t i cu.lur· non~
issued pursuant to
(c) A revocation of the permit for the facil
ity or for a storage facility and approva.l of a provi·~
sional pe-rmit;
(d) Suspension of the permi.t for the facility
or for a storage facility for o. specified period not to
excetd six (6) months;
(e) Modification or addition of conditions of
the permit,;
{f) Revocation of t.he permit with no reappli
cation permit ted for a specified per ivd not to exceed
five (5) years.
If the grounds for remedial act ion are based
on Section 17.40.010 {c), (d), or (e) and if such
grounds are limited to one stot·age facility, the reme
dial action taken shall be limited to that storage
facjJ.ity$
17.40.060 Transmittal of Decieion.. Within ten
( 1 0) days of the hear i nq the f' ire Chief shall render. a
written opinion, stating the findings upon which the
decision is based and the act ion taken, if any. The
decision of the city shall be the final administrative
determination and is subject to judicial review.
l7.40.070 Authority a.fter Suspension, ~evocation
or Expiration.. The l:wspens ion, revocation or ex: pi ra
t. ion of a permit issued under t.h is title sha 11 not pre
vent any proceedings to investigab.= such permit, nor. the
i nst it uti ng of any other p·..:oc:eed ing or taking remedial
action against such permittee.
36.
17.40.080 Return of Permit. In the event that
a permit issued under the provisions of this Title is
suspended or revoked, the permittee shall forward it to
the Fire Chief not later than the end ~f the third busi
ness day after notification of such suspension or revo
cation.
Section:
17.44.010
17.44.020
CHAPTER 17.44
HEARING PROCEDURE
HE~ar ing Rules.
Hearing Notice.J.
17.44.010 Hearing Rules, In any hearing under
this Title, all parties involved shall have the right to
offer test imon i. al, documen tar.y, and ·cang i ble evidence
:~1ea1: ing on the issues, to be represented by counsel, and
to confront and cross-examine any witnessos against
them. Any hea.ring under this may be continlled by the
person conducting the hearing for a reasonable time for
the convenience of a party or a witness.
17.44.020 Bearing Notices. All not.ices re-
quired by this chapter shall be sent certified mail,
postage prepaid, to the applicant cr pt:unitr.ee at the
address given for. purposes of notice on the application
or· permit or delivered to the permittee personally.
Section:
17.48.0.10
17.48.020
17.48.030
17.48.040
CHAPTER 17.4("
ENFORCEMENT
Criminal Penalties.
Civil Penalties.
Remedies not Exclusive.
Civil Action for Retaliation.
17.48~010 Criminal Penalties. As provided
under Chapter 1.08 of Title 1, violations of the provi
sions of this '11i t le shall be subject to criminal sanc
tions.
17~48.020 CiYil Penaltiese Any person 1 fi~m,
or corporation who intentionally or negligently violates
any provision of this Title, except that an unauthot;"ized
discharge which is r~cordable and recorded in compliance
with section 17.24.010, shall not be a violation of this
title for purposes of this section, or fails to comply
37.
w J th any order issued there under, shall be 1 i ab1e for a
<:ivil p~nalty not to exceed Five Hundred Dollars pet:" day
for each violation ,..,.hich shaU bee assessed and t:ecovered
in a. c i vi 1 act ion brought in the name of the people by
th2 City \ttorney. ln detet~mining the penalty, the
cc~n·t s:h<:il. cor~s1der all r:elevant cir·cumstances, includ
tnq, hut n~.:t l.imitc~d to, the followinq:
( 't )
,_,,·uL;c:i by th;;-;
'l'h e ext. en t.
vi'~)1ation;
of harm O.t:' potential harm
(b) 'rhi:"! nuture and persistence of the viola-
t.lc~n:
(c) The h:ng th of t.i me over which the viola
t ion UCClHTed i
(d) ·rh~ frequency of past v io 1 at ions;
(c) The permittee 1 s ~ecord of maintenance;
(fi Corrective a'.:tionf if any, taken by the
pecmittee.
In any civil action brought pursu.~nt heretu,
in which the city pr-eva i 1 s, the court sha 11 determine
and impose reasonable expenses, including attorneys 1
fees, incurred by the city in the investigation and pro
secution of the action.
17.48.030 Remedies not Exclusi'i:"e. Remedies
under this chapter are in addition t.o and do not super
sede or limit any a all other remedies, civil or crimi
nal.
17.48.040 Civil Action for Retaliation. A
civil action may be· instituted against any employer by
an employee who has been discharged, demoted, suspended
or in any other manner discriminated against in terms or
conditions of employment, or threatened with any Sllch
r-et .':11 i at ion, because S;JCh :}mployee has, in good fa i t.h,
made any oral or written report or complaint related to
th~ enforcement of this Title 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 attorneys fees. 'I'he court may
award punitive damages in a proper case.
38.
"---"---------·----~-~---------------------...
Section:
)7.52.010
17.'12.020
1 7 • ') 2 • !) 30
17,:;;~.~)40
1 7 • ') 2 • () ::, (1
CHAPTER 17.52
MISCELLANEOUS
Disclalmer of Liability.
Guidelines.
Dur.ies s1re Oisct·etion<:u·y.
Z~r)nfL.ct ',dth Other L-::lWS.
:3 ~_: -,.~ r; r 0 t) i 1 1 t y •
17.52.0'10 Disclaimer of Liability. {a) The
deqree of pr:oL:crion c;::quir'.::!d by this Title is consider
ed reasons.blc fct: r«-:gulatory pur;Jose;;. 'fhe standa'Cds
':>et t:orth ller·:;·in are :nini.mal standards <Jnc1 this Title
does not unply that coiTipliance ·.vi.ll ensur·e that thece
.,ill be no unaut}Jr)riz(~d discharg<:: of hazardous material.
This Titl0 slwll not create liability on the part of the
city, any officer or employee thenao f for any damoges
that. result fcom re~ iance on this TJ.tle or ~ny adrninis
tr:ati'/P. decision lawfully made t:herunder, AJ.l persons
handling, :;torir1g, using, processing, and disposing o.f
hazardous iTi2tterial£; within thP. city should be and are
advised to determine to their own satisfaction the level
of protection in addition to that required by this Title
necessary o.r desi r:able to ensure that there is no lm
authorizcd discharge of hazardous materials.
(b) This Title is not int~nded to cr-eate any
different standard or obligation for the storage of
carcino<Jens than is imposed for the storage of other
hazardous materials-, Hazardous materials are identified
as carcinogens herein fa!" public record purpos~s only
and the identification of a material as a cat·cinogen
shall not require a different or stricter applicatio~ of
the provisions of this Title, nor notice to any person
under any circumstances other than those expressly
specified in this Title, nor: shall such .identification
create any other duty of obligation upon city different
f~om or additional to those duties or obligations appli
cable to the storage of other hazardous mate~ials.
17.52.020 Guidelines. Guidelines approved by
the fire chief may be issued from time to time nnd shall
be maintained in t.he office of the fire Chief. Such
guidelines, in the areas addressed ther:ein, shall ·3erve
as an advisory interpretation of this Title.
17.52.030 Duties are Discretionary. Subject
to the limitations of due process, notwithstanding any
other provision of this code w~enever the words "shall~
or "must" are used in establishing a responsibility or
duty of the city, its elected or appointed o.ffh:ers,
39.
. . . ' ~ ----==----=-
'
employees, or agents, it l.S the l~=g islat i ve intent t.hat
such woz.·ds establish ,::~ discretionary r0sponsibility or
d u t y r e q u i r i n g t h e e x e r c i ::; e ;.) f j u d :J men t and <i i s c r· e t i on •
17.52.040 Conflict w-ith Other Laws~ NotHith-
standing any other pr.:nvision •.)f thi:; titli:~
(a) :\ st•)ca\}C' L~ci l i ty r<!'-Hilated by any state
or federal a~y~:h:y· · ... ·ill i>: t'X•,:JI:)t-.(:·J f?:o:n any c<:)nflicting
p x: o v .\ s i on 1) £ t !1 -~ ~:; ~-1 t i ,_: .
(b) If the :.;tot:a,~p:: fdcility is reqtLi.red to
have a permit from the Depart:T1ent of Health Services
u n de r-B e a 1 t h an cl S a f e t y C\1 o '~ S ~ c t 1 on :? '5 ~ 0 0 e t seq • t .i. t
shaJl be exempt12rl from dtly :);:ovLsion f)f lhLs T.i.Lle which
i.s covered by the requiat j_ons adopted under tile above
cited r:>tatute.
{c) 1'/hene'l(~C :~·~ '/ p!.OVJ :>.1 on of this tl•~le 0.1n-
flicts with thE.' Fire \~()(1(~ i'!G Jcioptl'!d by city, the
s tt· i cter. shall r,r.,evai 1 .
17.52.050 Se-v1~r.'\bility. If any S(~Ction_, sub-
r3ection, sentence, ·::laus(~, or nhrase of this title i.s
for any reason held to be invalid ;:~r unconstitutional by
a decision of any court of competent j •J'L i sd i ct ion, such
decision shall not affect the validity of the remaining
portions of the title. The City Council her~by declares
that it would have passed this title and each and evet'Y
section, subsection, sentence, clause, or phrase not
declared invalid ot· unconst i tu t ioflal without regard to
whether any portion of the t:it1.e would be subsequently
declared invalid or unconstitutional.
CHAPTER 17.56
COMPLIANCE SCHEDULE
Section:
17.56.010 Ti.me Table for Initial Compliance
i7.56.010 Time Table for Initial Compliance.
{a) New Storage Paciliti~s.
( 1) As of t!1e effective date of this
title, a Hazardous Materials Storage Permit for a
fa c i l i t y m u s t be o b t a i ned p r i o r to the i n s t a 11 at ion or
use of any new storage facility unless a building permit
for such n~w slor age fac i 1 it y was issued pr 1or to such
date.
40.
J
(2) The Hazardous
Plan must he filed at the time
Hazardous MatArial Storage Permit.
Mdterial Management
of application for -:s
(bl Existing Storage Facilities.
( l} A facj lity wh1ch has any existing
hazardous m3t~r i a ls ::;tot· age C'!c i lit ie;,3 or had obtai necl a
buil .. din~J permit [,)l' :'.>Ut'h d ~:-t.:)J:-3,_11.:' f:~.:-1\it:y prlOl: to the
effective datf~ of this ti.tL:~ dnd tt) •,,•i1i.ch no ncv.• c:>tc:n·al}c
facility i5 ~•dded ~:;halt h3ve o:\e ( 1) yeax fr.·,n such ef-
fective date to file a cornple:tt'd -:lppl ic?tiun for a
Hazardous Materials Sto:raq~:~ Per;n1t, inc1nding a n0nitor-·
ing plan in accor·dance .,.,ith Section 1'-'.12.030. ThE~ time
1 imitation for d~ te rr11 ina t ion :.>~lie<' if 1 ed in S2 c:t ion
17.3.2.110 shall not appl)' :)ut the dj)f.J1ic>.~nt sha.l.l L·e
deemed to have a provisional peCilllt '.Jf indefi..lHte tenn,
until city makes sucn determination.
(2) Notwithstanding the above, a Hazard
ous 1•1at<~rial Inventory StateiTP2ntl if apptici'tbl..:~, must be
filed within ninety {90) days of the pfteclive date of
this title.11
41.