Underground Storage Tank Ordinance No. 4332


Section 1. Chapter 8.40 of Title 8 of the El Dorado County Ordinance Code is hereby repealed in its entirety.

Section 2. A new Chapter 8.40 of Title 8 of the El Dorado County Ordinance is hereby added to read as follows: 

8.40.010 Definitions. For the purposes of this chapter definitions contained in the California Health & Safety Code, Division 20, Chapter 6.7 and the California Code of Regulations Title 23, Division 3, Chapter 16 shall apply.

8.40.020 Underground Storage Tanks. Every underground storage tank shall be in compliance with Division 20, Chapter 6.7 of the Health & Safety Code (starting with Section 25280) and the California Code of Regulations, Title 23 Water, Division 3, Chapter 16 known as the California Underground Storage Tank Regulations.

8.40.030 Financial Responsibility. Every owner an operator of an underground storage tank shall comply with the financial responsibility provisions of Chapter 6.75 of Division 20 of the California Health & Safety Code, as amended from time to time. 

8.40.040 Responsible Agency. The El Dorado County Environmental Management Department, Solid Waste and Hazardous Materials Division is the responsible agency for enforcing Chapter 6.7 of the Health & Safety Code and all provisions of this Chapter. 

8.40.050 Overfill Protection Required. All underground storage tanks shall be equipped with adequate spill and overfill protection. 

8.40.060 Underground Storage Tank Permit. Any person, firm or corporation, which stores any hazardous material in an underground storage tank shall obtain and keep current, an underground storage tank permit issued pursuant to this Chapter. One such permit shall be issued for a single facility. A separate permit shall also be obtained for any underground storage tank thereafter connected, installed, constructed, substantially modified, relined, replaced, closed or removed.

8.40.070 Application for Permit. Application for a new amended or renewed permit shall be made to the Solid Waste and Hazardous Materials Division on the forms provided by the County, including the SWRCB forms A, B, and C.

8.40.080 Approval of Permit. A permit shall not be approved until the Solid Waste and Hazardous Materials Division is satisfied that the storage approved adequately conforms to the provisions of Division 20, Chapters 6.5, 6.7, 6.8, and 6.9 of the California Health & Safety Code. 

8.40.090 Provisional Permit. If the Solid Waste and Hazardous Materials Division finds that the proposal does not completely conform to the provisions of this Chapter, it may approve a provisional permit, subject to conditions to be imposed by the Division when such a provisional permit is feasible and does not appear to be detrimental to the public interest. The applicant must be informed in writing of the reasons why a full-term permit was not issued. 

8.40.100 Temporary Permit. A temporary permit for storage may be issued where storage does not exceed thirty days and occurs no more frequently than every six months. 

8.40.110 Issuance of Permits. Upon the approval of a provisional, or full term permit by the Solid Waste and Hazardous Materials Division and upon the payment of any applicable fee, the Division shall issue and deliver the permit to the applicant. Such permit shall contain the following information:

A. The name and address of the permittee for the purpose of notice and service of process;
B. The address of the facility for which the permit is issued;
C. Authorization of the storage facility approved under the permit, the permit quantity limits;
D. The date the permit is effective;
E. The date of expiration;
F. When applicable, a designation that the permit is provisional;
G. Any special conditions of the permit.

The Solid Waste and Hazardous Materials Division shall keep a record of all permits issued and all conditions attached thereto. All required monitoring and reporting shall be completed and the results submitted to the Solid Waste and Hazardous Materials Division prior to the expiration of the permit. 

8.40.120 Terms. A permit may be issued for a term of one year, excepting provisional permits which may be issued for a period of time up to six months and temporary permits which may be issued for no longer than thirty days. 

8.40.130 Fees. Fees will be collected by the Solid Waste and Hazardous Materials Division for the following services:

A. Permit to operate, close, temporarily close, abandon, construct, remodel, reline and renewal filing for an underground storage tank or installation of a monitoring well/soil boring under this Chapter. Permits are not transferable;
B. Examination of plans, specifications and/or designs for construction of a new or remodeled underground storage tank facilities;
C. Investigation, consultation and site investigation review of an unauthorized release of a hazardous substance;
D. Each application for review of records, report of premises or file search for an environmental assessment, site investigation or real estate property transfer.

Fees shall be set by resolution of the Board of Supervisors. 

8.40.140 Penalty Charge. Prior to the expiration of a permit hereunder, the permittee shall renew the permit in like manner prior to the issuance of a new permit. In the event the permittee fails to renew the permit prior to its expiration date, he/she shall then pay a penalty sum in an amount equal to two times the ordinary fee. Total fees including the penalty shall not exceed two times the ordinary fee, retroactive to permit renewal due date. Failure to obtain an initial permit, within deadlines noted in Chapter 6.7 of the California Health & Safety Code and pursuant to this Chapter, to operate or abandon or construct or substantially modify an underground storage tank, and/or completion of the required monitoring, including the submittal of results of the monitoring to the Solid Waste and Hazardous Materials Division prior to the expiration of the permit, will result in the penalty set forth above in this section. 

8.40.150 Penalty for Violation. Each violation of this Chapter shall constitute a misdemeanor punishable by a one thousand dollar fine or six months in jail or both. A separate violation shall accrue for each calendar day in which said violation shall continue uncorrected after notice of said violation has been served upon the owner of real property or posted upon the real property, whichever occurs first. At the discretion of the District Attorney, violation may be reduced to an infraction with a maximum penalty of five hundred dollars fine.

(Effective date May 10, 1994)