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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 SECTION II: All other ordinances and parts of ordinances in conflict herewith are hereby repealed.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)