§ 17.68.170. Existing storage facilities and storage systems.

Except for facilities regulated pursuant to Chapter 17.78 of this title, any storage facility or storage system in existence as of the effective date of this chapter, or any storage facility or storage system for which a building permit was issued prior to the effective date of this chapter, which does not meet the standards of Section 17.68.160 may be permitted pursuant to this chapter as long as it is providing suitable storage for hazardous materials. In addition, storage facilities with storage systems which contain hazardous materials which are liquids or solids at standard temperature and pressure (STP) must be monitored in accordance with a plan approved by city as set forth herein.

A.

A monitoring plan for each such storage system containing hazardous materials which are liquids or solids at STP, shall be submitted to city as part of the hazardous materials management plan.

B.

Monitoring under such 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 system on a semiannual or more frequent basis may be approved by city.

C.

Alternative method(s) of monitoring may include but are not limited to: pressure testing of piping systems, 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 installation of the well(s). The number of well(s), depth of well(s), and sampling frequency shall be approved by the city.

D.

Such monitoring devices and methods, as approved by city shall be installed and operating within six months of the issuance of a provisional permit in accordance with Section 17.68.640 and Section 2.B.1 of the uncodified portion of this ordinance. City may grant an extension of this compliance date; however, such extension shall not exceed one additional year. The full term permit may be issued when compliance with this subsection has been achieved. No monitoring systems required by this section shall be installed later than January 1, 1985, or the date specified in Section 25284.1 of Chapter 6.7 of Division 20 of the Health and Safety Code, whichever date is later.

E.

The continued use of, and permit approval for, existing storage facilities or storage systems is subject to review and modification or termination by city whenever there has been any unauthorized discharge. It shall also be reviewed by the city each time the permit is renewed. In determining whether continued storage in such storage facility is suitable, city shall consider the age of the storage facility, the methods of containment, the methods of monitoring, the feasibility of the required retrofit, the concentration of the hazardous materials contained, the severity of potential unauthorized discharge, and the suitability of other long-term preventive measures which meet the intent of this chapter.

F.

Existing storage facilities or storage systems which are not approved in accordance with this section must be upgraded to comply with this chapter or be closed in accordance with Section 17.68.180 below within one year of a decision not to issue a full term permit. An extension of time for compliance with this subsection, not to exceed one additional year may be granted by city.

(Ords. 21334, 21508, 22555, 23450.)