§ 11.74.040. Facilities in Existence Before January 1, 1984.  


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  • Any facility in existence as of January 1, 1984, that does not meet the standards of Section 11.74.030, may be issued a unified program facility permit pursuant to Chapter 11.80 of this division as long as it is providing suitable underground storage for hazardous substances. In addition, such facility must be monitored in accordance with a plan approved by the Director as set forth in this section.

    A.

    A monitoring plan for each such facility shall be submitted to the Director as part of the permit application.

    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 facility on a semiannual or more frequent basis may be approved by the Director.

    C.

    Alternative method(s) of monitoring may include but are not limited to: pressure testing of piping systems; groundwater monitoring 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 Director. All monitoring methods must meet the design standards of Article 4 of Chapter 16 of Division 3 of Title 23 of the California Code of Regulations.

    D.

    The continued use of, and permit approval for, facilities in existence as of January 1, 1984, is subject to review and modification or termination by the Director whenever there has been any unauthorized release. In determining whether continued underground storage in such facility is suitable, the Director shall consider the age of the facility, the methods of containment, the methods of monitoring, the feasibility of the required retrofit, the concentration of the hazardous substances contained, the severity of potential unauthorized release, and the suitability of other long-term preventive measures which meet the intent of this division.

    E.

    Facilities in existence as of January 1, 1984, that are not approved in accordance with this section must be closed in accordance with Section 11.80.070.

(Ord. 2015-0016 § 37, 2015: Ord. 97-0016 § 29, 1997: Ord. 86-0078 § 3, 1986: Ord. 84-0046 § 3, 1984: Ord. 83-0208 § 1 (part), 1983: Ord. 83-0206U § 1 (part), 1983.)