Ordinance 1983-23 ORDINANCE NO. 83-23'
AN 0RDINA~CE OF THE CITY OF GILROY AMENDING
THE MODEL HAZARDOUS MATERIALS STORAGE
ORDINANCE TO CONFORM TO STATE LAW
THE CITY COUNCIL OF THE CITY OF GILROY DOES
ORDAIN AS FOLLOWS:
'SECTION I; That attached hereto and incorporated
herein by reference as Exhibit "A" are 18 amendments to
THE SANTA CLARA COUNTY MODEL HAZARDOUS MATERIALS STORAGE
PERMIT 0RDINA~NCE, conststinE of 4 pages which are hereby
adopted to apply in the City of Gilroy so as to comply
with state law.
SECTION II: All other ordinances and parts of
ordinances in conflict herewith are hereby repealed.
SECTION III: This ordinance shall take effect and
be in full force thirty (30) days from and after its ad6ption
and approval.
PASSED AND ADOPTED this 19th day .of DeCember, 1983,
by the follOwing vote:
AYES: COUNCI~ERS
NOES:
ABSENT
ALBERT, GAGE, KLOECKER,
MUSSALLEM, PATE, VALDEZ
and HUGHAN
COUNC ILMEMBERS: NONE
COUNCILMEMBERS: NONE
ORDINANCE NO. 83-23
AMENDMENTS T~ 'THE SANTA CLARA COUNTY MODEL HAZARDOUS MATERIALS STORAGE·
· PERMIT ORDINANCE IN CONFORMITY TO AB 1362.
The City Council of the City of Gilroy does ordain as follows:
1. Add Section 1.03.D t° read: '~
The city* sha11 apply for, and the officer shal'l consider and
issue where appropriate, a permit, in conformity with this Chapter,
for the storage of hazardous materials by city* in an underground
storage tank, as those terms are defined in Chapter 6.7 of Division
20 of the California Health and Safety Code, wherever the city's*
storage facility may be situated. Any other city, county, distrlct
or department, or agency of the state which stores any hazardous
substance, in ~n underground storage tank, as those terms are defined
in Chapter 6.7, in this city* without a permit meeting the
requirements of said Chapter 6.7 issued by such other local agency,
shall obtain and keep current a permit from city* which conforms at a'
minimum to Section 25284 and 2528/4.1. of the Health and Safety Code.
2. Add Section !1.03 to read:
Underground Tanks,
Notwithstanding Section 11.02 above and in addition to those
materials regulated pursuant to Section I1.01 above, a permit shall
be required for the storage in an underground storage tank as defined
bY California Health and Safety Code 25280 (m), of any material
defined as a hazardous substance, in accordance wi th California
Health and Safety Code Section 25280 (c). ~
3. Change Section II1.01 to read:
requirement, &~&fl~Jdl~lf~f~lCflg~&~daf~l~~&~ ..
~$$1~1~1 except that the discretion with regard to underground
storage facilities shall be exercised,in, accordance ~ith Subsection
111.02. C 4 below; or to impose .reasonable additional or diffeFent,~.
4. Add tg Section 111.02.0 to read:.
Where secondary containment may be subject to the intrusion of water,
a means of monitoring for such water shall be provided, in addltion to
mon!toring, an approved method for safely removing the ~ater shall
· also be provided.
Whenever monitoring devices are proyided,..
Chan'ge Section !11.02.C2 (d) to read:
::.accomodate the volume.of a twenty-four (2/4) hour rainfall
as determined by a Jv~J~fZ~/~2[J~ one hundred (100) year
storm history.
EXHIBIT
Add to Section !11.02.C.~.iii to read:
' Iii." The proposed alternative has been appropriately
certified as providing an equivalent degree of protection,
by an independent consultant retained in accordance...
7. Add Section !11.02.C,5 to read:
5. Variance-Construction and Monltorin.q. Requirements.
Underground storage tanks may be granted a variance from
the standards for construction and monitoring set forth
in this Part, other than from the requirement for double
containment, only upon a written finding by the officer
issuing the permit that the applicant has demonstrated by
clear and convincing evidence:
a. That because of special circumstances not
generally applicable to other property or facilities,
including size, shape, design, topography, location, or
surroundings, the strict applicatlon of the standards of
this Chapter would be unnecessary to adequately protect
the soil and beneficial uses of the wa:ers of the state
from an unauthorized release: or
b. That strict application of the standards of this
Chapter would create practical difflculties not generally
applicable to other facilities or property; and that the
proposed alternative will adequately protect the soil and
beneficial uses of the waters of the state from an
unauthorized release.
Change Section 111.02.E to read:
...secondary containment so as to avoid
potential intermixing.
Change Section 111.02.F to read:
. Drainage of precipitation f~lvOl~i~l~l~i or infiltration from
wi thin a...
10. Add to Section 111.02.F to read:
No drainage system will be ~pproved unless the flow of the drain
can be controlled. In addition, the facility shall contain an
approved means of removing the water by the owner or operator.
This removal system shall also provide for a means of analyzing
the remOved water or hazardous substance contamination and a
means of disposing of the water, if so contaminated, at an
authorized disposal facility.
11. Change Section 111.03.B to read:
Moni'toring under such a plan shall include visual inspection
of the primary COntainment wherever practical; however, if
the visual inspection is not practical, an alternative method
of monitoring each storage facility on a g~I~l monthly or
more frequent basis may be approved by city*.'
12.. Change Section 111.03.C to read:
Altern'ative method(s) of monitoring may include, but not be
limited to: pressure testing, vacuume testing or hydrostatic
testing of the piping systems or underground storage tanks,
groundwater monitoring well(s) which are downgradient and
adjacent to the storage facility; vapor analysis within the
well(s) where appropriate; and analysis of the soil boring(s)
at the time of initial insta]lation of the well(s). The
number of'well(s), depth of well(s), location of well(s), and
sampling frequency shall be approved by the city*.
· 13.. Change Section 111.03.D to read:
..,may grant an extension of this compliance date; however,
such extension shall not ~d/&~/~/~dd~I&~/~J~ extend
past January 1, 1985. The full term permit may be...
14. Add to Section 111.03.E to read:
...of other long term preventative measures which meet the
intent of this Chapter. In addition, a monitoring system
capable of detecting unauthorized releases shall be provided.
15.
Add Section Vl.Ol.C to read:
C. Office of Emergency Services.
The city* shall submit a written report to the Office of
Emergency Services within ten (10) working days from the
date that the city* is notified of an unauthorized discharge
from an underground storage tank.
16. Add to Section VIII.05 to read:
...mdst be informed in writing of the reasons why a full
term permit was not issued.' In no case shall the officer
be ~ess restrictive than the requirements set forth in
Division 20 of the California Health and Safety Code,
Chapter'6.7, Sections 25284 and 2.5284.1.
~.,
' 'ExPTIBIT
17.
Add to Section VIII.Il'to read:
...may be further extended by mutual agreement between city*
and applicant. Monitoring must be in place by January 1, 1985.
18.
Add Section'Xl11.06 to read:
Xlll.06 R,eport to the State Water Resources Control Board.
The city*.will require 1ts perm!t applicants and permittees to
fill'out, in addition to forms required for city's* own purposes
under this Chapter, standardized forms based on the application
form and annual report form prepared by the State Water Resources
-Control Board as specified by California Health and Safety Code
Section 25283.2, and city* will forward these forms to the.State
Water Resources Control Board.
However, where any of the information required on such
standardized forms is claimed by the permit applicant, or permittee
to be a trade secret, the permit applicant or permittee shall' leave
that portion Of the form submitted to city* blank, 'except to
indicate the words "trade secret", and the permit applicant or
permitee shall thereafter, within ten (10) days of submitting the
incomplete form to city*, submit the completed form including the
trade secret information directly to the State Water Resources
Control Board. City* shall have no obligatioh to protect as a
trade secret, any information which is furnished to it for
forwarding to the State Water Resources Control Board on these
Standarized forms.
EXHIBIT "A"
I, SUSANNE E. STEINMETZ, City Clerk of the City of
Gilroy, do hereby certify that the attached Ordinance No. 83-23
is an original ordinance, duly adopted by the Council of the City
of Gilroy at a regular meeting of said Council.held on the 19th
day of . December , 19 83
present.
,~ at which meeting a quorum was
affixed the Official Seal of the City of Gilroy, this
of February , 19 83 .
IN WITNESS WHEREOF, I have hereunto set my hand and
21st day
(Seal)