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Home My WebLink AboutORD 3496ORDINANCE NO. .2..4J_L_ ('"'· """\ , •.• , " ~-.. A >t ' ' • '" i _. . . . I . •. :• '-..· ~ .... -· .. ·~·-'\""' ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTIONS OF TITLE 17 OF THE PALO ALTO MUNICIPAL CODE RELATING TO THE STORAGE OF HAZARDOUS MATERIALS IN ORDER TO CONFORM WITH ASSEMBLY BILL lJbl AND CHAPTER 6.7 OF DIVISION 20 OF THE CALIFORNIA HEALTH AND SAFETY CODE The Council of the City of Palo Alto dot;Js o:cdil.lll. ;ts t;)ll.o;.ls: Section 1. Su.bsectton (d) iQ hereby addPd 17.01+·:-ow·ot-the Palo Alto l11unicipa1 Cod~J to re.:-HJ as to Sectton follows: {d) The City shall apply for, and the Fire Chief shall consider and issues ·,.,rhere HppropriatE~, a permit in eonformlty with this Titlt:-' t:or the storage of hazardous materL-lls hy the city in an underground storage tank, as those terms are defined in Chapter 6.7 of Division 20 of the Ca 1 ifornia He a 1 th and Safety Code, wherev1;:r the city's storage facility may be situated. Any other city, county, district or department, or agency ot the state which stores any hazardous substance in an underground storage tank> t as those terms are defined in said Chapter b.7J in this city without a permit meeting the requirements of said Chapter 6.7 which permit is issued hy another 1 oca l agency, shall obtain and keep current a pennit trom city which conforms at a minimum to Section 252~4 and 252~4.1 of the: California Health and Safety Cvde. Section 2. Section 17. 0~. 030 is hereby added to the Palo Alto Municipal Code to read as follows: 17.0~.030 ¥fder&ro~~£_'fsnks. Notwithstanding Section l7.mL02 above, and in addition to those materials regulated pursuant to Section 17.0~.010 above, a permit shall be required for the storage in an underground storage tank, as defined by California Health and Safety Code Section 252~0(m), of any material defined as a hazardous substance in accordance with California HtH\lth and Safety Code Section 252~0(c). Section 3. Section 17.12.010 of the Palo Alto Municipal Code is hereby amended to read as follows: 1/.ll.UlU Containment of Hazardous Materials. No p~rson, firm or corporation shall store any hazardous materials regulated by this Title until a permit or approval has been issued pursuant to this Title. No permit or approval shall be granted to • any perso~ ~~~sua~t to this Title unless a permit appl ica11t demonstrates to the sa.t.isfac:tion o.t the city, ·oy the submission of appropriate plans and other :·. n format ton, that the design and construe t ion of the storage faci:dty will result in a suitable manner of storage for the hazardous material or materi~ls to he contained therein. All :lnstallatio·n, construction, repsi.r or. modification, closure, and reruoval shall be to the satisfaction of city. The Fire Chief shall have the disct·etion to ex<~mpt an applicant from any spl~ cific requirement except that the discretion with regard to underground storage facilities shall be ex ere i sed in aceordanc<.~ w :1. th sub sec t:1. on 1 J. J :l, OJ. 0 (c) (4) or to impose reasonable additional or dif ferent requirements in order to better secure the purpose and general ob l iga.t ion of this T 1 t 1 e tor protection of public health, safety, and weltare. The guidelines approved pursuant to Secti0n 1/.Sl.UZU shall serve as an interpretation of the provisions of this Title to the extent such provi sions are addressed in those guidel\nes. Section 4. Section (4) of Section 17.12.020 of the Palo Alto Munj cipal Code is hereby amended and subst:Jction 5 ot Section 1/.lZ.U:LO of the Palo Alto Municipal Code is herebj a.dded, both sections to read as follows: t4J Variance -Secondar:z Containment. ta) A variance trom the requirement for t:~econdary con tainment tor an underground storage facility may be granted upon a written finding by the Fire Chiet which has been reviewed and approved by the City Council, that based on special circumstances: (i) The requirement of secondary containment creates an unusual and particular hard ship i. and (ii) An equivalent degree of protec tion is provided By the proposed alternative; and (iii) The proposed alternative has been appropriately certified as providing an equiv alent degree of protection, by an independent con sultant retained in accordance with Section l/.U4.05U, or has been specified as potentially appropriate tor a variance in the guidelines. ap proved pursuant to Section 1/.~l.UZU. (b) The City Council shall consider the variance at a public hearing, at which oral or written presentation on the matter. may be made. A l. notice which lncludes a r;ta.teruent that !.'l variance from secondary containment tor hazardous materials will be considered, and which specities the address of the facility seeking the variance, and the time and place ot the meeting shall be given in the tal lowing manner: (i) The City Clerk shall cause a copy ot the notice to be published once tn a newspaper o t genera 1 e i r c u 1 at ion in t he c: it y , not less thert ten (1U) days prior to the meQting; and {ii) The City Clerk shall cause a copy at the notice to be mailed, at least ten (lU) days prior to the meeting, to any party who tiles a written request with the City Clerk, tor mailed notice of meetings at which such '·tarlance is to be coru.ddered. Such written request for r1otice shall be valid for one year trom the date on tvhi ch it is tiled unless ·'l renewal request is ti J. ed. Renewal request tor such mailed notices shall be tiled on or before April lst of each year, commencing April 1 ) ll)l:$4. (.':J) Vari~--_£~t~~ion_ and Monitoring ~equi~t,ne~. {;nderground storage tanks m.sy be granteaa variance from the standards for construc tion and monitoring set forth in this Title, other than from the requirement tor double containment, only upon a written finding by the Fire Chi.et re viewed by the Counci.l noticed at a public hearing as provided in subsection (4) preceding that the applicant has demonstrated by clear and convincing evidence: (a) That because of special circum stances not generally applicable to other property or facilities, including size, shape, design, topo graphy, location, or surroundings) the strict ap plication of the standards of this Title would be unnecessary to adequately protect the soil and beneficial uses ot the waters of the stRte from an unauthorized release: or (b) That str-ict application of the standards of this Title would create practical dif ficulties not generally applicable to other facili ties or property; and that the proposed alternative will adequately protect the soil and beneficial uses of the waters of the state from an authorized reles~se. Section 5. Section !/,:!4.045 ot the Palo Alto Municipal is hereby added to read as follows: • notice which includes a statement that a variance from secondary containment tor hazardous materials will be considered, and which specifies the address of th~ facility seeking the variance, and the time and place ot the meeting shall be given in the fol lowir~ ma.nner: \i) The City Clerk shall cause a copy ot the notice to be published once in a newspaper of general circulation in the city, not less then ten (lU) days prior to the meeting; and (ii) Tl1e City Clerk shall co.use a copy of the notice to be mailed, at least ten (lU) days prior to the meeting, to any party who files a written request with the City Clerk) for mailed notice of meetings at which such variance is to be considered. Such written request for notice shall be valid tor one year from the date on which it is filed unless a t'(mewal reque.st is tiled. Rene.wal request tor such mailed uoticeR shall be tiled on or betore April lst of each year, commencing April .!. ' 1 ~~4. t~) yariance __ Construction and Moni~9ri~~ ~equirment!· Underground storage tanks may te granted a variance from the standards tor construc tion and monitoring set forth in this Title~ other than from the requirement for. double containment, only upon a written finding by the Fire Chief re viewed by the Council noticF.~d at a public hearing as provided in subsection (4) preceding that the applicant has demonstrated by clear and convincing evidence: ta.) That bec.ause of special circum stances not generally applicable to other property or facilities~ including size, shape, design. topo graphy, location, or surroundings, the strict ap plication of the standards of this Title would be unnecessary to adequately protect the soil .an~ beneficial uses of the waters of the state trom an unauthorized release: or (b) That strict application of th•~ standards ot this Title would create practical dif ficulties not generally applicable to other facili ties or property; and that the proposed alternative will adequately protect the soil end beneficial uses ot the waters of the state from an authorized release. Section 5. Section 1/.Z4.U45 of the Palo Alto Municipal is hereby-added to read as fellows: 3. • l/.Z4.UI-+) Office of Emersen~ Services. The city shall submit a wrfiten report t:0"ffie0Tfice ot Emergency Services •.-~ithi'."' ten {lU) worki.ng days troru the date that the clty is notitied ot an unauthorized discharge trom an underground storage tant~. Section b. Section l/.5l.UJ5 is hereby added to Title 1/ ot the Palo Alto-Municipal Code to r.'e.'ld as :tallows: 1 I • :) z • o J 'J R ~E.2E ~-.!.£....!~t;._ s t:._~!:~_.J'l ate E-~~-~.2.:::.~~~ S~-~£~~-~~.!~~r.(~. The city wiLl require its permit applicants and permittees to till out, in addi.tion to forms required tor ctty' s m.,rn p1..1rposes under thi('l Title, standardtzed forms based on the appli cation torm and annual report torm prepared by the State ·water Resources Cont ro 1 Board as spec it i~d by California Health and Safety Code Section ~5~~3.1, and city will torward these i:orms to the State Water Resources Control Board. However, where any ot the information required on such standardized torms is claimed by the permit app llcan t or. permit tee to be a t :cade secret, the permit appliant or permittee shall leave that por tion of the torru submitted to city blank) except to indicate the words "tr.ade .secret," and the permi.t applicant or permittee shall hereafter) within ten \lU) days of submitting the incomplete torm to city, submit the completed form including the trade secret information directly to the State Water Re sources Control Board. City shall have no obliga tion to protect as a trade secret, any intormation which is furnished to it for forwarding to the State Water Resources Control Board on th~se stan dardized forms. Section 7. Subsection (b) of Section 1/.lZ.UJO of the Palo Alto Municipar Code is hereby amended as follows: Mont tori ng und~r such plan sha 11 include vi w sual inspection of the primary containment wherever practical; however, it tt~ visual inspection is not practical, an alternative method of monitoring each storage facility on a semi-annual (monthly for un derground storage tanks storing any hazardous sub stance other than motor vehicle fuel as those terms are detined in Chapter 6. l of Division t!U ot the California Health and Safety Code)) or more tre quent basis may be approved by City. l.f • r----------------------------------------·---------------------~--------------------------. • • Section H. Subparagraph (c) of Section l7.12.0JO of the Palo Alto Mun!~Ipaf Code is hereby amended to re~d as follows: (c) Alternative methods of monitoring include but are not limited to: (i) pressure testing, vacuum testing or hydrostatic tt.:.sting of piping systems or underground storage tanks.; ( i i) one or more ground water monitoring wells which are down gradient and adjacent to the storage facility; (iii) vapor analysis within each well where appro prlatc~; (iv.} and analysis cf any soil bori.ngs at the time of initial installation of each well. The number of wells~ depth of \¥ells, location ot wells., and sampling frequency shall be approved by the Fire Chlet. Section <?. Subparagraph {iv) o.t Section J./.l.L.UZO of the Palo Alto Municipal Code :l..s hereby amended to read as follows. (iv) It the storage facility is open to rain fall, then the secondacy containment rnus t be a.bl e to additionally accommodate the volume ot a twenty tour (l4) hour r:a tn. fall as determined by a one hun dred (100) year storm history. Section 10. The Council hereby determines that none of tne provisions of this ordinance will have significant environmental affect. INTRODUCED: December 5, 1983 PASSED: December 12, 1983 AYES: Bechtel, Cobb, Eyerly, Fletcher, Klein, Levy, Renzel, Witherspoon NOES: None ABSTENTIONS: None ABSENT: Fazzino ATTEST.h ~ ~ .. :0 -;;r;::: . .. -a __ ~...~r..' er APPROVED~ ·~FORM: 12· a ~~ :e;zv~ ..4.,...;a.s • ..JZ -< . c~~--City Attorney .5. • • o.