[CC 2000 §4-4-1; Ord. No. 820, 3-15-1993]
As used in this Chapter, the following terms shall have these prescribed meanings:
- ASSEMBLY LINE TANK(S)
- Containers or tanks with a capacity of five hundred (500) gallons or more and associated piping used for the production of a manufactured product. Examples of such tanks include mixing and dispensing vats, weight tanks or volumetric measuring devices, metal cleaning dip tanks, electroplating tanks and cutting fluid reservoirs. For the purposes of this Chapter, any "assembly line tank system" used for multi-purpose to produce both nonhazardous and hazardous products through the same system shall be classified as hazardous.
- HAZARDOUS MATERIALS
- The definition of "hazardous materials" shall be identical to those published in the Federal Regulations listed in Section 240.020 of this Chapter.
- STORAGE TANK
- Any container and associated piping used for the storage of gas, liquids or solids that has a capacity of five hundred (500) gallons or more. Except where smaller volumes of hazardous materials have been identified as a substance listed in Appendices A and B of Federal Regulations 40 CFR Part 355 and stated in Section 240.020 of this Chapter. These exceptions shall be included as part of this Chapter regardless of size or volume. Included in these regulations are railroad tank cars which remain on the premises for more than thirty (30) calendar days and tanker trucks or trailers and other vehicles which remain on the premises for more than four (4) business days used for the storage and transportation of hazardous materials.
[CC 2000 §4-4-2; Ord. No. 820, 3-15-1993]
The owner or operator of any storage tank used for the storage of chemicals shall at all times comply with all applicable Federal, State, County, City and fire protection districts' laws, ordinances and regulations which regulate the transportation, handling, processing, storage and disposal of chemicals, including, but not limited to, 40 CFR Parts 261, 264, 302 and 355; 49 CFR Parts 173, 179 and 180; 20 CSR Division 20, Chapter 10; 10 CSR Division 25, Chapter 7; and NFPA 30, 30A and 80, National Building Code and Fire Protection Code (BOCA).
[CC 2000§ 4-4-3; Ord. No. 820, 3-15-1993]
On or before March first (1st) of each year, every owner or operator of storage tanks used for the storage of hazardous materials shall furnish to the City and the Fire Protection District:
A report identifying the location and construction of all storage tanks and the chemicals or non-hazardous material stored or to be stored therein; and
A report identifying the location and construction of all assembly line tanks; and
A copy of such owner's or operator's Emergency Response Plan and Spill Prevention and Countermeasure Plan which shall be consistent with the Community Coordinated Emergency Response Program adopted by the City. Such report and plans shall be maintained at the premises at which such tanks are situated and shall be easily accessible to City and Fire Protection District personnel responding to emergencies. Such reports and scaled drawings identify all tanks including assembly line tanks; also an updated list identifying names, addresses and phone numbers of the emergency response coordinator for the facility. Such information shall be maintained in a locked box secured by a breakaway type lock outside the entrance door of the facility.
[CC 2000 §4-4-4; Ord. No. 820, 3-15-1993]
Time For Registration.
Existing storage tanks. Within sixty (60) days of the effective date hereof, all storage tanks and assembly line tanks shall be registered with the applicable fire protection districts and the City on the form supplied by the City.
New storage tanks. New above-ground storage tanks or assembly line tanks shall be registered with the City within thirty (30) days of first coming into use.
Registration Fees And Renewals.
Hazardous materials tanks.
Each registration shall be accompanied with a seventy-five dollar ($75.00) registration fee for each storage tank and/or assembly line tank containing a hazardous material made payable to the City.
Registration for each hazardous material storage tank and/or assembly line tank must be renewed every two (2) years from the date of the last valid registration unless the City receives written notice the storage tank and/or assembly line tank has been permanently removed from use and closed. There shall be payment of a twenty-five dollar ($25.00) renewal fee. A renewal application shall be filed not less than thirty (30) days nor more than sixty (60) days prior to the registration expiration.
Non-hazardous materials tanks. All storage tanks and/or assembly line tanks not containing a hazardous material shall be registered. Registration fee for each storage tank and/or assembly line tank in this nonhazardous classification shall be twenty-five dollars ($25.00) and will not require the biennial renewal.
Signatures Required. The registration form is to be signed by the storage tank owner or operator. If the registration is submitted by a corporation, then the registration must be signed by a principal executive officer of at least the level of Vice President or a duly authorized representative. If the registration is submitted by a partnership or sole proprietorship, then the form must be signed by a general partner or the proprietor.
Compliance Statement — Engineer's Certification. The registration application shall contain a statement that the storage tank being registered complies with construction standards for such tank. Further, as part of the registration application, a licensed professional engineer or the manufacturer of the tank must certify that the design, materials of construction and installation of any new storage tank installed after January 1, 1993, are compatible with the hazardous materials contained in the tank and conform with good engineering practices.
Identification Decals. The City may issue a "decal" or "tags" for identification purposes for any tank registered. Said decal or tag, if issued, shall be attached in a line-of-sight location on all tanks.
Changes In Tank Contents. The owner or operator is responsible for reporting to the City within thirty (30) days any storage tank and/or assembly line tank content changes involving:
Type of hazardous material stored in the storage tank has changed;
Content classification is changed from hazardous to non-hazardous or non-hazardous to hazardous, except any assembly line tank system registered and used for multi-purpose shall not be required to report classification changes, providing the system's contents are clearly identified with identification tags or signs.
[CC 2000 §4-4-5; Ord. No. 820, 3-15-1993]
Owners and operators of any storage tanks or assembly line tank must report to the City and the Fire Protection District within twenty-four (24) hours, or another reasonable time period specified by the City and the Fire Protection District, any of the following conditions:
Spills, overflows and leaks. Discovery by owners and operators of leaks of hazardous materials at the storage tank or assembly line tank site in the surrounding area; spills, overflows and leaks of twenty-five (25) gallons or more of hazardous materials; leaks, accidents, spills or overfills of materials otherwise classified as extremely hazardous substances under 40 CFR 355 and hazardous substances under 40 CFR 302.4 shall be reported if the amount released into the environment is required in such Federal Regulations.
Unusual weekly release. Weekly inventory control records of hazardous materials demonstrate a release or suspected release of twenty-five (25) gallons or more. Owners and operators must immediately investigate and confirm all suspected releases of hazardous materials within seven (7) days or another reasonable time period specified by the City or Fire Protection District. Owners and operators of storage tanks or assembly line tanks must contain and immediately clean up a spill or overfill of hazardous materials that equals or exceeds its reportable quantity under CERCLA 40 CFR Part 302, the Emergency Planning and Community Right to Know Act 40 CFR Part 358 and RCRA 40 CFR Part 261. Within seven (7) days of the initial reporting, the owner or operator shall submit a written report identifying the release including the materials involved, the amounts released, immediate action taken to prevent further release and description of the cleanup and response activities taken to date. If additional actions appear to be reasonably required for permanent correction of the release of hazardous materials, the owner or operator shall specify in the form of a corrective action plan those actions as reasonably required to permanently correct the release. The City or Fire Protection District will issue a written order approving such corrective action plan or requiring such other or additional actions deemed reasonably necessary for the protection of the public health and welfare environment including further investigation of the release or suspected release and other additional corrective action measures.
[CC 2000 §4-4-6; Ord. No. 820, 3-15-1993]
Prior Notice Required. The owner or operator of each storage tank shall provide thirty (30) days' written notice to the City and the Fire Protection District prior to taking it out of service or removing it from the facility premises.
Records Submitted. At the time of removing storage tanks from service, the owner or operator shall submit his/her inventory control records, weekly inspection records, results of any tank tightness test and any other pertinent records which demonstrate the integrity of the storage tank being closed for a period of one (1) year prior to closure.
[CC 2000 §4-4-7; Ord. No. 820, 3-15-1993]
Effect On Existing Laws. All ordinances or parts of ordinances in conflict with this storage tank Chapter are hereby repealed and for naught held, except any ordinance that holds for more restrictive requirements than this Chapter and, in that sense, the more restrictive ordinance shall control.
Effect Of Other Laws. The passage and implementation of this Chapter does not relieve any owner or operator from his/her duty to comply with any other local, State or Federal laws and regulations which may apply to his/her facility's storage tanks and/or assembly line tanks.
[CC 2000 §4-4-8; Ord. No. 820, 3-15-1993]
Any person found in violation of this Chapter shall be fined not less than two hundred fifty dollars ($250.00) and not more than five hundred dollars ($500.00) per day for the first (1st) offense and not less than five hundred dollars ($500.00) per day for second (2nd) and subsequent offenses.
Any person who fails to register or renew the registration of any storage tanks shall be fined not less than three hundred fifty dollars ($350.00) per day nor more than five hundred dollars ($500.00) per day for each such tank that is not registered or renewed for registration.
Any person who knowingly or negligently provides false information on any storage tank registration form and other records required to be maintained by this Chapter shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00). Second (2nd) and subsequent offenses shall be punishable with fines not less than five hundred dollars ($500.00).
Failure of any owner or operator of any storage tank or assembly line tank to comply with a written order from the Fire Protection District or the City concerning compliance with this Chapter or directions to conduct investigation, corrective action, cleanup action or closure activities deemed to be reasonably required shall be punishable by a fine of five hundred dollars ($500.00) per day of failure to comply with the order. If the owner or operator fails to comply with any such written order, the City or the Fire Protection District, or both, may perform or arrange to have performed on its behalf an investigation, corrective action, cleanup or closure actions, subject to directive or order.