13.29.020 Regulation of facilities handling and storing hazardous materials.
A. Best Management Practices (BMPs) for Handling and Storing Hazardous Materials. Any facility, activity, or residence in the City in which hazardous materials or other deleterious substances are present shall be operated in a manner that ensures safe storage, handling, treatment, use, production, and recycling or disposal of such materials and substances and prevents their unauthorized release to the environment. Businesses that store and/or handle hazardous materials shall, at a minimum, comply with the following BMPs:
1. Waste disposal and record keeping of disposal and use activity;
2. Spill containment supplies and an emergency response plan;
3. An emergency response training plan for all employees;
4. Hazardous materials shall be stored using secondary containment measures at all times;
5. Periodic monitoring of the storage areas and methods used for containment shall be reviewed:
a. On a regular basis;
b. Whenever business practices change regarding hazardous materials; and
c. As required by laws and regulations;
6. In no case shall hazardous materials or other deleterious substances be stored, handled, treated, used, produced, recycled, or disposed of in a way that would pose a significant groundwater hazard within the City.
B. Hazardous Materials Inventory (HMI). The HMI statement shall reflect all current and anticipated types and quantities of hazardous materials that will be stored, handled, treated, used, produced, recycled, or disposed of at a facility. The HMI shall be kept on site at all times. New and existing commercial and industrial land uses and activities located in Class 1 through Class 4 CARAs as identified in IMC 18.802.350 through 18.802.440 shall submit an HMI statement:
1. Within 1 year of the effective date of the ordinance codified in this chapter;
2. With any new land use or building permit application;
3. With a new business license; and
4. At periodic intervals as needed to keep up with changing business practices.
C. Hazardous Materials Management Plan (HMMP). Hazardous materials quantities correspond to the aggregate total of all hazardous materials, not individual chemicals. Facilities that use aggregate quantities of hazardous materials equal to or greater than 20 gallons or the equivalent of 200 pounds, or that use hazardous materials that may be a potential risk to the WHPA, shall be reviewed to determine the potential risk to the aquifer and the need for an HMMP. Commercial and industrial land uses and activities using aggregate quantities of hazardous materials equal to or greater than 50 gallons or the equivalent of 500 pounds, or that use hazardous materials that are considered to be a potential risk to the aquifer in lower quantities, shall submit an HMMP to the City.
1. The City shall require an HMMP based on the type and aggregate quantity of inventoried material. The following are exempt from an HMMP:
a. Retail sale of containers 5 gallons or less in size when the business has fewer than 500 gallons on the premises at any 1 time; and
b. Hazardous materials of no potential risk to the wellhead protection areas.
2. HMMPs shall demonstrate implementation of BMPs. An HMMP shall be completed by the facility operator and kept on site at all times and shall include:
a. A description of the facility including a floor plan showing storage, drainage and use areas. The plans shall be legible and approximately to scale;
b. The plan shall include and identify all hazardous materials containers, sizes, storage locations and methods of secondary containment of the hazardous materials; and
c. The plan shall, at a minimum, include how the facility implements the BMPs as identified in this code.
D. Inspections. The City shall have the right to inspect a facility at reasonable times for the purpose of determining compliance with this chapter. Inspections may include, but are not limited to:
1. Visual inspections of hazardous materials storage and secondary containment areas;
2. Inspections of HMMP; and
3. Sampling of soils, surface water and groundwater.
E. Third-Party Review. The City may inspect or employ an outside consultant at the applicant’s expense for third-party review for compliance with the BMPs, the HMI and the HMMP.
F. Enforcement. Whenever a person has violated any provisions of this chapter the City may take code enforcement action based on the nature of the violation including but not limited to abatement, injunction, mitigation, fines and penalties as set forth in Chapter 1.06 IMC, Penalties. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation; the damage or risk to the public or to the underlying aquifer, groundwater wells and drinking water infrastructure; and the degree of bad faith demonstrated by the person(s) subject to the enforcement action. In determining appropriate penalties to be assessed for violation(s) of the terms of this chapter, the City shall also consider the financial savings, if any, achieved by the violator(s) in failing to comply with the terms of this chapter. (Ord. 3023 § 16, 2023; Ord. 2525 § 4, 2008; Ord. 2500 § 2, 2007).