Ordinance 1984-25 ORDINANCE NO. 84-25
AN ORDINANCE OF THE CITY OF GILROY AMENDING
THE GILROY HAZARDOUS MATERIALS STORAGE
ORDINANCE TO CONFO~ TO RECENT STATE AMENDMENTS
TO CHAPTER 6.7 OF THE HEALTH AND SAFETY CODE
RELATING TO UNDERGROUND STORAGE OF HAZARDOUS
MATERIALS
WHEREAS, the City Council has, on June 20, 1983,
passed and adopted Ordinance No. 83-6 providing for the
regulation of underground storage of hazardous materials, and
WHEREAS, the state legislature has adopted AssemblY
Bill 3781 and Assembly Bill 3563 amending Chapter 6.7 of the
Health and Safety Code relating to the regulation of storage
of hazardous materials in underground tanks; and
WHEREAS, Health and Safety Code Section 25288
(renumbered 25299.1) exempts cities from this legislation
which have, prior to January 1, 1984, adopted an ordinance' which,
at a minimum, meets the requirements set forth in Section 25284
and 25284.1 (renumbered to 25291 and 25292, respectively) and
which issue permits for underground storage tanks; and
WHEREAS, AB 3781 and AB 2565 make certain changes and
additions to Sections 25284 and 25284.1, which could be construed
as making the state legislation more strict than the local
ordinance; and
WHEREAS, since such state legislation goes into effect
on January 1, 1985, it is necessary for this ordinance to be
adopted prior to that date as an urgency measure, so as to
maintain local standards at least as strict as the state
legislation; and
ORDINANCE NO. 84-25
WHEREAS, under Title 22, California Administrative
Code Section 15108, a Class 8 categorical exemption from the
requirements of the California Environmental Quality Act is
appropriate for the subject matter.of this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
GILROY DOES ORDAIN AS FOLLOWS:
SECTION 1. Effective January 1, 1985, Section II.03
of the Gilroy Ordinance is hereby amended to change the
citations to the California Health and Safety Code Section-25280(m)
and 25280(c) to 25281(r) and 25281(d), and to read as follows:
"Notwithstanding Section II.02 above,
and in addition to those materials regulated
pursuant to II.01 above, a permit shall be
required for the storage in an underground
storage tank as defined by California Health
and Safety Code Section 25281(r), as amended,
of any material defined as a hazardous
substance, in accordance with California
Health and Safety Code Section 2§281(d), as
amended."
SECTION 2. Section III.02 C. 2. d of the Gilroy
Ordinance is hereby amended to change the word "must" to "shall"
so as to read as follows:
"d. If the storage facility is open to
rainfall, then the secondary containment shall
be able to additionally accommodate the volume
of a twenty-four hour rainfall as determined by
a one hundred year storm history.
SECTION 3. Section II.02 of the Gilroy Ordinance
is hereby amended to add the following subsections to read as
follows:
"G. Storage Tank Testing for Underground
Storage Tanks.
1. Before an underground storage tank is
covered, enclosed, or placed in use, the standard
installation testing for requirements for underground
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ORDINANCE NO. 84-25
storage systems specified in Section 2-7
of the Flammable and Combustible Liquids Code,
adopted by the National Fire Protection
Association (NFPA 30) as amended and published
in the respective edition of the Uniform
Fire Code, shall be followed.
2. Before the underground storage tank
is placed in service, the underground storage
systems shall be tested in operating condition
using a precision test as defined in National
Fire Protection Association Pamphlet 329,
"Recommended Practice of Handling Underground
Leakage of Flammable and Combustible Liquids,"
as amended, for proving the integrity of an
underground storage tank. ·
H. Excess Water Removal for Underground
Storage Tanks. If the underground storage tank
is designed to maintain a water level in the
secondary containment, the tank shall be equipped
with a safe method of removing any. excess water
to a holding facility ~nd the owner or operator
shall inspect the holdzng facility monthly for
the presence of excess water overflow. If excess
water is present in the holding facility, the
permit holder shall provide a means to analyze
the water for hazardous substance contamination
and a means to dispose of the water, if so
contaminated, at an authorized disposal facility."
SECTION 4. This is an Emergency Ordinance which
shall take effect immediately upon its passage and approval.
The facts and circumstances giving rise to the emergency are
as follows:
Adoption of this Ordinance to take effect
prior to January 1, 1985 is necessary to
maintain the City's control of hazardous
materials for the public welfare. Under
normal adoption procedures, this Ordinance
would not be effective until~3~n~uary 1, 1985.
For the general welfare of the community
this Ordinance should take effect immediately
and prior to January 1, 1985, so as to
maintain local control of hazardous material
storage.
ORDINANCE NO. 84-25
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This Ordinance was introduced as an emergency
measure and passed and adopted to become effective immediately
and ordered published by title and'summary in accordance
with provisions of the City Charter at a regular session of the
City Council held on the 17th day of December 1984, by the
following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER,
MUSSALLEM, PATE, VALDEZ
and HUGHAN
COUNCILMEMBERS: NONE
COUNCII2tEMBERS: NONE
ATTEST:
ORDINANCE NO. 84-25
I, SUSANNE E. STEINMETZ, City Clerk of the City of
Gilroy, do hereby certify that the attached Ordinance No. 84-25
is an original ordinance, duly adopted by the Council of the City
of Gilroy at a regular meeting of said Council held on the 17th
day of
present.
December
, 19 84 , at which meeting a quorum was
affixed the Official Seal of the City of ~Gilroy, this
of January, 19 85 ..
ity Clerk of t~e Cz'-~y of Gilroy~¥--
IN WITNESS WHEREOF, I have hereunto set my hand and
15th day
(Seal)