HomeMy WebLinkAboutMINUTES - 12131983 - X.10 ORDINANCE N0. 83- 68
(Underground Storage of Hazardous Substances)
The Contra Costa County Board of Supervisors ordains as
follows (omitting the parenthetical footnotes from the official
text of the enacted or amended provisions of the County Ordinance
Code) :
SECTION I. UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES. Chapter
413-5 "Underground Storage of Hazardous Substances" added to
the Ordinance Code of the County of Contra Costa, to read:
CHAPTER 413-5--
UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES
413-5. 110. PURPOSE. It is the purpose of this chapter to
establish standards for construction and monitoring of facilities
used for the underground storage of hazardous substances, and to
establish a procedure for issuance of permits for the use .of these
facilities.
413-5. 120. DEFINITIONS.
(a) "Board" means the Contra Costa.-County Board of
Supervisors.
(b) "Facility" means any one, or combination of, underground
storage tanks used by a single business entity at a single loca-
tion or site.
(c) "Hazardous substance" means all of the following liquid
and solid substances unless State Water " Resources Control Board
determines the substance could not adversely affect the quality of
the waters of the County or the region:
(1 ) Substances on the list prepared by the Director of
the Department of Industrial Relations pursuant to Section
6382 of the Labor Code of the State of California.
(2) Hazardous substances, as defined in Section 25316 of
the Health and Safety Code of the State of California.
(3) Any substance or material which is classified by the
National Fire Protectiot Association (NFPA) as a flammable
liquid, a class II combustible liquid, or a class III-A
combustible liquid.
(d) "Permitting Authority" shall be the Director of the
County Health Services Department, or designee.
(e) "Person" means an individual, trust, firm, joint stock
company, corporation, including a government corporation, part-
nership, and association. "Person" also includes any city,
county, district, the state, or any. department or agency thereof.
(f) "Primary containment" means the first level of contain
ment, such as the portion of a tank which comes into immediate
contact on its inner surface with the hazardous substance being
contained.
(g) "Product-tight" means impervious to the substance which
is contained, or is to be contained, so as to prevent the seepage
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of the substance from the primary containment. To be product-
tight, the tank shall not be subject to physical or chemical
deterioration by the substance which it contains over the useful
life of the tank.
(h) "Secondary containment" means the level of containment
external to, and separate from the primary containment.
(i ) "Single-walled" means construction with walls made of
only one thickness of material. For the purpose of this chapter,
laminated, coated, or clad materials shall be considered
single-walled .
(j) "Storage" or "store" means the containment, handling or
treatment of hazardous substances, either on a temporary basis or
for a period of years. "Storage" or "store" does not mean the
storage of hazardous wastes in an underground storage tank if the
person operating the tank has been issued a hazardous waste faci-
lities permit by the State Department of Health Services pursuant
to Section 25200 or granted interim status under Section 25200.5
of the Health and Safety Code of the State of California, and has
submitted to the Permitting Authority documentation verifying the
issuance of the permit or the granting of the interim status.
(k) "Unauthorized release" means any release or emission of
any hazardous substance which does not conform to the provisions
of this chapter, unless this release is authorized by the State
Water Resources Control Board pursuant to Division 7 (commencing
with Section 13000) of the Water Code of the State of California.
(1) "Underground storage tank" means any one or combination
of tanks including pipes connected thereto, which is used for the
storage of hazardous substances and which is substantially or
totally beneath the surface of the ground. "Underground storage
tank" does not include any of the following:
( 1 ) A tank used for the storage of hazardous substances
used for the control of external parasites of cattle and
subject to the supervision of the County agricultural com-
missioner if the County argicultural commissioner determines,
by inspection prior to use, that the tank provides a level of
protection equivalent to that required by Section 413-5. 130,
if the tank was installed after June 30, 1984, or protection
equivalent to that provided by Section 413-5. 140, if the tank
was installed on or beffore June 30, 1984.
(2) Tanks which are located on a farm and store motor
vehicle fuel which is used only to propel vehicles used pri-
marily for agricultural purposes.
(3) Tanks used for aviation or motor vehicle fuel
located within one mile of a farm and the tank is used by a
licensed pest control operator, as defined in Section 11705 of
the Food and Agricultural Code of the State of California, who
is primarily involved in agricultural pest control activities.
(4) Structures such as sumps, separators, storm drains,
catch basins, oil field gathering lines, refinery pipelines,
lagoons, evaporation ponds, well cellars, separation pumps,
lined and unlined pits, sumps and lagoons. Sumps which are a
part of a monitoring system required under Section 413-5. 130
or Section 413-5. 140 are not exempted by this section.
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ORDINANCE NO.83- 68
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(m) "Special inspectors" means a professional engineer,
registered pursuant to Chapter 7 (commencing with Section 6700) of
Division 3 of the Business and Professions Code of the State of
California, who is qualified to attest, at a minimum, to struc-
tural soundness , seismic safety, the compatibility of construction
materials with contents, cathodic protection, and the mechanical
compatibility of the structurla elements.
(n) "Owner" means the owner of an underground storage tank.
(o) "Operator" means the operator of an underground storage
tank.
(p) "Pipe" means any pipeline or system of pipelines which is
used in connection with the storage of hazardous substances and
which are not intended to transport hazardous substances in
interstate or intrastate commerce or to transfer hazardous
materials in bulk to or from a marine vessel.
413-5. 130. DESIGN STANDARDS AND MONITORING SYSTEMS FOR NEW
FACILITIES.
No underground storage tank or facility shall be installed after
January 1 , 1984 unless a Permit To Operate is first obtained from
the Permitting Authority. A Permit To Operate shall not be issued
for any underground storage tank or facility installed after
January 1 , 1984, unless the underground storage tank or facility
meets the following requirements:
(a) Be designed and constructed to provide primary and secon-
dary levels of containment of the hazardous substances stored in
them in accordance with the following performance standards:
( 1 ) Primary containment shall be product-tight.
(2) Secondary containment shall be constructed to pre-
vent structural weakening as a result of contact with any
released hazardous substances, and also hall be capable of
storing, for the maximum anticipated period of time necessary
for the recovery of any released hazardous substance.
(3) In the case of an installation with one primary con-
tainer, the secondary containment shall be large enough to
contain at least 100 percent of the volume of the primary
tank.
(4) In the case of multiple primary tanks, the secondary
container shall be large enough to contain 150 percent of the
volume of the largest primary tank placed in it, or 10 percent
of the aggregate internal volume of all primary tanks,
whichever is greater.
(5) If the facility is open to rainfall, then the secon-
dary containment must be able to additionally accomodate the
volume of a 24-hour rainfall as . determined by a 100-year
storm history.
(6) Single-walled containers do not fulfill the require-
ment of an underground storage tank providing both a primary
and a secondary containment.
(7) The design and construction of underground storage
tanks for motor vehicle fuels storage need not meet the
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requirements of paragraphs (1 ) to (6) , inclusive, if the pri-
mary containment construction is of glass fibre, reinforced
plastic, cathodically protected steel, or steel clad with
glass fibre reinforced plastic, any such alternative primary
containment is installed in conjunction with a system that
will intercept and direct a leak from any part of the tank to
a monitoring well to detect any release of motor vehicle fuels
stored in the tank and which is designed to provide early leak
detection, response, and to protect groundwater from releases,
and if the monitoring is in accordance with the alternative
method identified in paragraph (3) of subdivision (b) of
Section 413-5. 140. Pressurized piping systems connected to
underground storage tanks used for the storage of motor
vehicle fuels and monitored in accordance with paragraph (3)
of subdivision (b) of Section 413-5. 140 shall also be deemed
to meet the requirements of this subdivision.
(b) Be designed and constructed with a monitoring system
capable of detecting the entry of the hazardous material stored in
the primary containment into the secondary containment. If water
could intrude into the secondary containment, a means of moni-
toring for water intrusion and for safely removing the water shall
also be provided.
(c) When required by the Permitting Authority, a means of
overfill protection for any primary tank including an overfill
prevention device or an attention-getting high level alarm, or
both. Primary tank filling operations of underground storage
tanks containing motor vehicle fuels which are visually monitored
and controlled by a facility operator satisfy the requirements of
this paragraph.
(d) Different substances that in combination may cause a fire
or explosion, or the production of flammable, toxic, or poisonous
gas, or the deterioration of a primary and secondary containment
so as to avoid potential intermixing.
(e) If water could enter into the secondary containment by
precipitation or infiltration, the facility shall contain a means
of removing the water by the owner or operator. This removal
system shall also provide for a means of analyzing the removed
water for hazardous substance contamination and a means of
disposing of the water, if so contaminated, at an authorized
disposal facility.
413-5. 140 MONITORING SYSTEMS FOR EXISTING FACILITIES. No
underground storage tank or facility installed on or before
January 1 , 1984, and used for the storage of hazardous substances
shall continue to operate unless a Permit To Operate is obtained
by January 1 , 1985. No Permit To Operate such tank or facility
shall be issued or remain valid unless the following actions are
taken:
(a) On or before January 1 , 1985, :the owner shall outfit the
facility with a monitoring system capable of detecting
unauthorized releases of any hazardous substances stored in the
facility, and thereafter, the operator shall monitor each faci-
lity, based on materials stored and the type of monitoring
installed.
(b) On or before January 1 , 1985, the owner shall provide a
means for visual inspection of the tank, wherever practical, for
the purposes of monitoring required by subdivision (a) .
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Alternative methods of monitoring the tank on a monthly, or more
frequent basis, may be required by the Permitting Authority.
The alternative monitoring methods include, but are not
limited to, the following methods:
( 1 ) Pressure testing, vacuum testing or hydrostatic
testing of the piping systems or underground storage tanks.
(2) A groundwater monitoring well or wells which are
down gradient and adjacent to the underground storage tank,
vapor analysis within a well where appropriate, and analysis
of soil borings at the time of initial installation of the
well . The Permitting Authority shall develop regulations
specifying monitoring alternatives and shall approve the loca-
tion and number of wells, the depth of wells and the sampling
frequency, pursuant to these regulations.
(3) For monitoring tanks containing motor vehicle fuels,
daily gauging and inventory reconciliation by the operator, if
inventory records are kept on file for one year and are
reviewed quarterly, the tank is tested for tightness hydrosta-
tically or, when appropriate with pressure between three and
five pounds , inclusive, per square inch at time intervals spe-
cified by the State Water Resources Control Board and whenever
any pressurized system has a leak detection device to monitor
for leaks in the piping. The tank shall also be tested for
tightness hydrostatically or where appropriate, with pressure
between three and five pounds, inclusive, per square inch whe-
never there is a shortage greater than the amount specified by
the State Water Resources Control Baord.
413-5. 141 ABANDONMENT.
(a) No person shall abandon an underground storage tank or
close or temporarily cease operating an underground storage tank
except as provided in this section.
(b) An underground storage tank which is temporarily taken
out of service, but which the operator intends to return to use,
shall continue to be subject to all the permit, inspection, and
monitoring requirements of this Chapter, unless the operator
complies with the provisions of subdivision (c) for the period of
time the underground tank is not in use.
(c) No person shall close an underground storage tank unless
the the person undertakes all of the following actions:
(1 ) Demonstrates to the Permitting Authority that all
residual amounts of the hazardous substance or hazardous
substances which were stored in the tank prior to its closure
have been removed, properly disposed of, and neutralized.
(2) Adequately seals the tank to minimize any threat to
the public safety and the possibility of water intrusion into,
or runoff from the tank.
(3) Proivdes for, and carries out, the maintenance of
the tank as the Permitting Authority determines is necessary,
for the period of time the Permitting Authority requires.
(4) Demonstrates to the Permitting Authority that there
has been no significant soil contamination resulting from a
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ORDINANCE 83- 68
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discharge in the area surrounding the underground storage tank.
or facility.
413-5. 150 PERMIT REQUIRED.
(a) No person shall operate a facility for the underground
storage of any hazardous substance within the unincorporated area
E of Contra Costa County, unless by authority of a valid, unexpired
I and unrevoked Permit To Operate issued to the owner pursuant to
the provisions of Section 413-5. 130 or 413-5. 140.
(b) A person shall be deemed to operate a facility and violate
this Section if the person, without a required Permit To -Operate
in effect, supervises, inspects, directs, organizes, manages or
controls or is in any way responsible for or in charge of the
facility for which the permit is required.
(c) This Section does not obviate the need for compliance
with other applicable ordinances, including but not limited to the
Contra Costa County Toning Ordinance.
413-5. 160 APPLICATION FILING. All applications for a Permit
To Operate shall be filed in the office of the Health Services
Department.
413-5. 170 APPLICATION CONTENTS. The application for a Permit
To Operate shall be filed on a form and contain such information
as is prescribed by the Permitting Authority, including the
following:
(a) A description of the construction of the underground
storage tank or tanks.
(b) A list of all the hazardous substances which are or will
be stored in the underground storage tank or tanks , specifying the
hazardous substances for each underground storage tank.
I
(e) A description of the monitoring program for the
underground storage tank or tanks.
(d) The name and address of the person, firm, or corporation
which owns the underground storage tank or tanks and, if dif-
ferent , the name and address of the person who operates the
j underground storage tank or tanks.
(e) The address of the facility at which the underground
storage tank or tanks are located.
(f) The name of the person making the application.
(g) The name and 24-hour phone number of the contact person
in the event of an emergency involving the facility..
(h) If the owner or operator of the underground storage tank
is a public agency, the application shall include the name of the
supervisor of the division, section, or office which operates the
tank.
(i ) Such other further information as is deemed necessary to
administer the provisions of this Chapter.
413-5. 180 ISSUANCE. The Permitting Authority shall act upon
the application not later than ninety days after the date it is
accepted as complete unless the applicant has filed with the
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Permitting Authority written notice of a request and received
written approval for extension of the time within which action is
taken on the grounds that additional time is required to prepare
or present plans or other information, obtain zoning variances or
other permits, or make other corrections remedying inconsistencies
with the provisions of this Chapter; or the Permitting Authority
has on file a written notice from a public agency showing just
cause for an extension of time, and has approved an extension of
time pursuant thereto.
413-5. 190 TERM. The term of the permit to operate shall be
five years, at which time the permittee may apply for renewal pur-
suant to section 413-5. 180. Nothing in--this chapter shall be
construed as requiring the granting of a permit upon expiration of
a previous permit, and the burden of proof respecting compliance
with all the requirements for a permit and of entitlement to a
permit shall remain at all time with the applicant for renewal.
413-5.210 CONTENTS OF PERMIT.
(a) The Permit To Operate shall contain a complete descrip-
tion of the enterprise for which it is issued, the date of
issuance and date of expiration, and a description of any and all
conditions upon which the permit has been issued. A copy of the
permit shall be kept on the premises and shall be made available
to the Permitting Authority upon demand.
(b) As a condition of any Permit To Operate an underground
storage tank, the permittee shall complete an annual report form
prepaed by the Permitting Authority, which will detail any changes
in the usage of any underground storage tanks, including the
storage of new hazardous substances, changes in monitoring proce-
dure and unauthorized release occurrences.
413-5.220 MONITORING. The operator of the underground
storage facility shall monitor the facility using the method spe-
cified on the permit for the facility. Records shall be kept in
sufficient detail to enale the Permitting Authority to determine
that the operator has undertaken all monitoring activities
required by the Permit To Operate.
If the operator is not the owner, the owner shall provide a
copy of the permit to the operator, enter into a written contract
with the operator which requires the operator to monitor the tank
as set forth in the permit; and provide the operator with a copy
of Section 413-5.250 or a summary of this section, in the form
which the Permitting Authority specifies by regulation. The owner
shall notify the Permitting Authority of any change of operator.
4.13-5.230 FEES. The Board may, by resolution and from time
to time, prescribe fees for the issuance and renewal of a Permit
To Operate and fees for the filing of appeals relating to demand
of such permits or the revocation thereof.
413-5.240 TRANSFERABILITY.
(a) Except as provided in subdivision (b) , no person shall
operate an underground storage tank unless a Permit To Operate has
been issued. Any person who is to assume the ownership of an
underground storage tank from the previous owner shall complete
the form accepting the obligations of the permit and submit the
completed form to the Permitting Authority at least 30 days after
the ownership of the underground storage tank is to be trans-
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ferred. The Permitting Authority may review and modify, or ter-
minate the transfer of the Permit To Operate the underground
storage tank upon receiving the completed form.
(b) Any person assuming ownership of an underground storage
tank used for the storage of hazardous substances for which a
valid Permit To Operate has been issued shall have 30 days after
the date of assumption of ownership to apply for a Permit To
Operate or if accepting a transferred permit, shall submit to the
Permitting Authority the completed form accepting the obligation
of the transferred permit, as specified in subdivision (a) .
During the period from the date of application under the permit is
issued or refused, the person shall not .be held to be in .-violation
of this Section.
413-5.250 VIOLATIONS.
(a) Pursuant to the Provisions of Section 14-8.002 a viola-
tion of any of the provisions of this chapter or failure to comply
with any of the regulatory requirements of this chapter is an-
infraction subject to the procedures described in sections 19(c)
and 19(d) of the California Penal Code, and punishable by ( 1 ) a
fine not exceeding $50 for a first violation; (2) a fine not
exceeding $100 for a second violation; (3) a fine not exceeding
$250 for each additional violation of the same ordinance provision
within one year.
(b) Each person shall be guilty of a separate offense for
each and every day during any portion of which any violation of
any provision of this chapter is committed, continued, or per-
mitted by any such person, and shall be punished accordingly.
413-5.260 INSPECTIONS.
(a) The Permitting Authority shall inspect every underground
storage tank or facility at least once every three years. The
purpose of the inspection is to determine whether the tank or
facility complies with the designation and construction standards
of this Chapter, whether the operator has monitored and tested the
tank as required by the permit, and whether the tank is in a safe
operating condition. After an inspection, the Permitting
Authority shall prepare a compliance report detailing the inspec-
tion and shall send a copy of this report to the permitholder.
(b) In addition to, or instead of, the inspections specified
in subdivision (a) , the Permiting Authority may require the per-
mitholder to employ, periodically, special inspectors to conduct ,
an audit or assessment of the permitholder's facility to determine
whether the facility complies with the factors specified in sub-
division (a) and to prepare a special inspection report with
recommendations concerning the safe storage of hazardous materials
at the facility. The report shall contain recommendations con-
sistent with the provisions of this Chapter, where appropriate. A
copy of the report shall be filed with .the Permitting Authority at
the same time the inspector submits the report to the per-
mitholder. Within 30 days after receiving this report, the per-
mitholder shall file with the Permitting Authority a plan to
implement all recommendations contained in the report or shall
demonstrate, to the satisfaction of the Permitting Authority, why
these recommendations should not be implemented.
(c) In order .to carry out the purposes of this Chapter, any
duly authorized representative of the Permitting Authority has the
authority to inspect any place where underground storage tanks are
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located or to inspect real property which is within 2,000 feet of
any place where underground storage tanks are located.
413.5.270 UNAUTHORIZED RELEASE.
(a) Any unauthorized release from the primary containment
which the operator is able to clean up within eight hours and
which does not escape from the secondary containment, does not
increase the hazard of fire or explosion, and does not cause any
deterioration of the secondary containment of the underground
storage tank, shall be recorded on the operator's monitoring
reports.
(b) Any unauthorized release which escapes from the secondary
containment , increases the hazard of fire or explosion, or causes
any deterioration of the secondary containment of the underground
tank shall be reported by the operator to the Permitting Authority
within 24 hours after the release has been detected or should have
been detected. A full written report shall be transmitted by the
owner or operator of the underground storage tanks within five
working days of the occurrence of the release.
The Permitting Authority shall review the permit whenever
there has been an unauthorized release or when it determines that
the underground storage tank is unsafe.- In determining whether to
modify or terminate the permit, the Permitting Authority shall
consider the age of the tank, the methods of containment, the
methods of monitoring, the feasibility of any required repairs,
the concentration of the hazardous substances stored in the tank,
the severity of potential unauthorized releases, and the suitabi-
lity of any other long-term preventive measures which would meet
the requirements of this Chapter.
413-5.280 REPAIRS. Any physical modification including
replacement , of an underground storage tank or facility, shall be
undertaken in compliance with applicable codes as specified in
part (c) of Section 413-5. 150.
413-5.290 HEARING AUTHORITY. Whenever the terms "Hearing
Authority" are utilized in this Chapter, they shall be deemed to
refer to one or more persons assigned the responsibility of con-
ducting a hearing by the County Administrator. The County
Administrator shall be authorized to assign hearing respon-
sibilities from time to time to either:
(a) County management personnel whom the County Administrator
finds are qualified by training and experience to conduct such
hearings;
(b) Any person or persons, qualified by training or
experience, who the County Administrator may employ or who are
retained by contract to conduct such hearings; or
(c) Administrative law judges assigned to the State of
California Office of Administrative. Hearings.
The County Administrator is hereby authorized to contract in
the name of the County for the retention of hearing services at
rates which do not exceed financial limitations established by the
County's annual budget.
413-5.310 APPEALS. Any decision of the Permitting Authority
may be appealed to the Hearing Authority.
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Any such appeal shall be in writing, shall state the specific
reasons therefor and grounds asserted for relief, and shall be
filed with the Director of the County Health Services Department
not later than fifteen days after the date of service. If an
appeal is not filed within the time or in the manner prescribed
above, the right to a review of the action against which complaint
is made shall be deemed to have been waived.
413-5.320 APPEAL HEARING. No later than thirty days, or
longer If as not ee of continuance is mailed to the appellant,
following the date of filing an appeal within the time and in the
manner prescribed by Section 413-5.310 the Hearing Authority shall
conduct a hearing for the purpose of determining whether -the appeal
should be granted. Written notice of the time, date and place of
the hearing shall be mailed to the appellant not later than ten
days preceding the date of the hearing.
During the hearing, the burden of proof shall rest with the
appellant. The provisions of the California Administrative
Procedure Act (commencing at Section 11500 of the Government Code)
shall not be applicable to such hearings; nor shall formal rules
of evidence in civil or criminal judicial proceedings be so appli-
cable. Written statements by a county officer or employee, an
officer or employee of the State of California, or an officer or
employee of any law enforcement or fire-' protection agency acting
in the course and scope of their employment or official duties may
be accepted as evidence that such fact(s) or condition(s) do or do
not exist . At the conclusion of the hearing, the Hearing
Authority shall prepare a written decision which either grants or
conditionally grants or denies the appeal, and contains findings
of fact and conclusions. Notice of the written decision,
including a copy thereof, shall be filed with the Director of the
County Health Services Department and mailed to the appellant not
later than seven days following the date on which the hearing is
closed.
413-5.330 FINALITY OF DETERMINATION. The decision by the
Hearing Authority shall become final upon the date of filing and
mailing.
413-5.340 GROUND FOR REVOCATION. Any Permit to Operate
issued pursuant to this Chapter may be revoked during its term
upon one or more of the following grounds:
(a) That an unauthorized release has occurred pursuant to
part (b) of Section 413-5.270;
(b) That modifications have been made to the underground
storage tank or facility in violation of the Permit To Operate;
(c) That the holder of the permit has violated one or more
conditions upon which the permit has been issued.
413-5.350 METHOD OF REVOCATION. The Permitting Authority may
revoke a Permit To Operate by issuing a written notice of revoca-
tion, stating the reasons therefor, and serving same, together
with a copy fo the provisions of this Chapter, upon the holder of
the permit . The revocation shall become effective fifteen days
after the date of service, unless the holder of the license files
an appeal within the time and in accordance with the provisions of
Section 413-5.310. If such an appeal is filed, the revocation
shall not become effective until a final decision on appeal is
issued.
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413-5.360 ADMINISTRATION. Except as otherwise provided, the
Director of the Health Services Department Department is charged
with the responsibility of administering this chapter, and shall
be authorized from time to time to promulgate and enforce such
rules or regulations consistent with the purposes, intent, and
express terms of this Title as he or she deems necessary to imple-
ment such purposes, intent and express terms.
SECTION II . URGENCY.
This ordinance is for the immediate preservation of the public
peace, health, and safety within the meaning of Government Code
Section 25123 and Elections Code Section 3751 , because storage of
hazardous substances underground poses a danger to the public
health, safety, and environment. In other areas of the state
leaks from such storage tanks have contaminated public drinking
water supplies. Failure to have this ordinance take effect prior
to January 1 , 1984 may hamper the County's ability to with those
matters at a later date, when prompt action is critical to pre-
serving the public health. By adopting this ordinance as an
urgency measure the county places both the adoption and effective
dates prior to the January 1 , 1984 cut-off date set forth in
Health and Safety Code 525288 and, thereby, removes all uncer-
tainty as to its ability to adopt and enforce future, more
restrictive, measures.
SECTION III . SEVERABILITY. This Board declares that, if the
urgency nature of this ordinance (SECTIONS II & IV) is invali-
dated , it intends SECTION I to remain valid and effective and that
it would have passed SECTION I even without the urgency provi-
sions. Therefore, the Board directs that this ordinance be
treated and published, effective and operative, as both an urgency
and a non-urgency ordinance as provided in SECTION IV.
SECTION IV. EFFECTIVE AND OPERATIVE DATES. As an urgency ordi-
nance, this ordinance becomes effective and operative immediately
on introduction and passage. If a court holds it to be a non-
urgency ordinance, it becomes effective 30 days after passage (on
second reading) , and within 15 days of passage shall be published
once with the names of supervisors voting for an against it in the
MARTINEZ NEWS-GAZETTE a newspaper published in this
County.
PASSED on December 13, 1983 by the following vote:
AYES: Supervisors - Powers, Fanden, McPeak, Torlakson, Schroder.
NOES: Supervisors - None.
ABSENT: Supervisors - None.
ATTEST: J. R. OLSSON, County Clerk
& ex officio Clerk of the Board
Dep.,
Diana M. erman
Board Chair
[SEAL]
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