CITY OF ABBOTSFORD PETROLEUM PRODUCTS STORAGE TANK BYLAW, Bylaw No

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1 Bylaw No The Council of the City of Abbotsford in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION Bylaw No may be cited as Petroleum Products Storage Tank Bylaw, INTERPRETATION In this bylaw, unless the context otherwise requires: Abandoned or Abandonment means a Petroleum Products Storage Tank System that has not been used for more than two years for the purpose of Handling Petroleum Products or Allied Petroleum Products; Aboveground Storage Tank means a Petroleum Products Storage Tank System with more than 90 percent of the Storage Tank volume above surface grade; Aboveground Storage Tank System means one or more aboveground Storage Tanks with all connecting piping both aboveground and underground including pumps and product transfer apparatus, diking, overfill protection equipment and associated spill containment and collection apparatus; Allied Petroleum Products means a mixture of hydrocarbons other than a Petroleum Product that may be water miscible and may have a density greater than water and includes thinners, solvents and chemicals as defined and referred to in the Codes; Alter or Alteration means to enlarge, reduce, refurbish, upgrade, remove or dispose of a Storage Tank System, but does not include routine or minor maintenance of Storage Tank Systems including painting, testing, cleaning, replacement of controls and other accessory components and other minor work or repairs; Building Bylaw means the City s Building Bylaw, as amended from time to time; Building Inspector means the Manager of Inspection Services of the City and those positions designated by Council under the Local Government Act; Building Permit means a permit issued pursuant to the Building Bylaw;

2 Bylaw No Page 2 Bylaw Enforcement Officer shall mean the person or persons appointed from time to time by the Council as Bylaw Enforcement Officers; CCME means the Canadian Council of Ministers of the Environment; CCME Aboveground Storage Tank Code means the CCME Environmental Code of Practice for Aboveground Storage Tank (1994) containing Petroleum Products; CCME Underground Storage Tank Code means the CCME Environmental Code of Practice for Underground Storage Tank Systems (1993) containing Petroleum Products and Allied Petroleum Products; Certified means when used in reference to a Storage Tank, a component or accessory that the product has been investigated by the U.L.C. and found to comply with its requirements and is being produced under its service program and identified with its authorized marking; City means the City of Abbotsford; City Engineer means the person appointed by the Council as the City Engineer, and includes his or her lawful deputies. Council means the Council of the City of Abbotsford; Code or Codes means the CCME Aboveground and/or Underground Storage Tank Codes; Fire Code means the British Columbia Fire Code as established by regulation pursuant to the Fire Services Act; Fuel Dispensing Stations means any premises at which Petroleum Products or other Motive Fuels are put into the fuel tanks of vehicles, aircraft or vessels; Handling means the storing, transmitting, transporting or distributing of Petroleum Products or Allied Petroleum Products and includes putting Petroleum Products into the fuel tank of a motor vehicle, vessel, aircraft or into a container; Leak means any loss of Petroleum Products or Allied Petroleum Products because of a defect in Underground or Aboveground Storage Tank Systems;

3 Bylaw No Page 3 Leak Test or Leak Detection means a device or method that is capable of detecting Leaks in Underground or Aboveground Storage Tank Systems and includes Levels 1, 2, 3 or 4 Leak Detection as defined in, and required by, the Codes; Liner means a material used as the outer barrier of a Secondary Containment system, but does not include the outer wall of double-walled piping or Storage Tanks; Motive Fuel means any fuel to power a vehicle, aircraft or vessel; Operator means a person who is responsible for the operation of a Site; Owner means any person who has legal ownership or has been assigned the custody or control or management of a Petroleum Products Storage Tank or Storage Tank System. For the purposes of this bylaw the Owner of the lands in or on which an Underground or Aboveground Storage Tank System is located shall be deemed to be the Owner of the Storage Tank System unless the Owner of the lands satisfies the City to the contrary; Petroleum Product means a single product or a mixture of at least 70 percent hydrocarbons refined from crude oil with or without additives that is used or could be used as a fuel, lubricant, Motive Fuel or power transmitter. Without restricting the foregoing such products include gasoline, diesel fuel, aviation fuel, kerosene, naphtha, lubricating oil, fuel oil, engine oil and Used Oil; Secondary Containment means containment that prevents Leaks from the primary Storage Tank System from reaching outside the containment area. It includes double-walled Underground Storage Tanks and piping, and Liners; Site means a lot or property upon which there is located or intended to be located one or more Petroleum Products Storage Tanks or Storage Tanks Systems; Storage Tank means a closed container with a capacity of more than 230 litres that is designed to be installed either Underground or aboveground in a fixed location for the storage of Petroleum Products or Allied Petroleum Products; Storage Tank System means an Underground or Aboveground Storage Tank System; U.L.C. means Underwriters Laboratories of Canada; Underground Storage Tank means a Storage Tank that is partially or completely buried by or covered with earth, backfill or concrete;

4 Bylaw No Page 4 Underground Storage Tank System means one or more completely buried and/or partially buried Storage Tanks including all underground and aboveground connections, piping, pumps and dispensers; and Used Oil means an oil from industrial and non industrial sources that has been acquired for lubricating or other purposes and has become unsuitable for its original purpose due to the presence of impurities or the loss of original properties and shall include lubricating oils (engine, turbine or gear), hydraulic fluids (including transmission fluids) and insulating oils. Words and phrases that are not defined in this bylaw shall have the meaning defined in the Codes or, if not defined, meanings that are commonly assigned to them in the context in which they are used in the Codes and in this bylaw. 3. PURPOSE The purpose of this bylaw is to set standards in the general public interest to regulate the processing, storing or using of Petroleum Products and Allied Petroleum Products and the design, installation, construction, upgrading, operation, maintenance, removal and disposal of Underground and Aboveground Storage Tank Systems containing such products. 4. APPLICATION OF BYLAW (c) This bylaw applies to every Aboveground Storage Tank, Aboveground Storage Tank System, Fuel Dispensing Station, Site, Underground Storage Tank and Underground Storage Tank System. This bylaw does not require the removal or replacement of existing in-service Storage Tank Systems, unless such systems are Leaking products into the environment. The following classes of Petroleum Products Storage Tanks are exempted from the requirements of this bylaw: (ii) temporary construction project fuel Storage Tanks; and Storage Tanks mounted on mobile equipment. (d) Residential Aboveground Storage Tanks used for heating system fuel and farm use Aboveground Storage Tanks shall comply with all parts of this bylaw except:

5 Bylaw No Page 5 (ii) (iii) (iv) (v) manufacturer s shop drawings and a location plan shall be sufficient to meet the drawing requirements of Section 6(d); drainage, oil-water interception, Leak monitoring, pavement grading, dispenser location and protection and Letters of Assurance as required under Section 6(d) shall not be required if Secondary Containment is provided; a Site profile for removal of the tank shall not be required; Section 7 shall not apply for the Fire Inspector inspection; and a security deposit of $ shall be assessed for new installations. (e) This bylaw does not create a duty of care in respect of the City, its Mayor, Council, officers, employees or other persons acting on behalf of the City concerning any matter in this bylaw or enforcement or failure to enforce the provisions of this bylaw. It shall be the responsibility of the Owner or Operator of Petroleum Products Storage Tanks or Storage Tank Systems to ensure compliance with this bylaw and all other statutes and regulations. Neither a failure to administer or enforce or incomplete or inadequate administration or enforcement of this bylaw or any error, omission or other neglect in respect to this bylaw shall give rise to a cause of action against the City, its Mayor, Council, officers, employees or other persons acting on behalf of the City in favour of any person including an Owner or Operator. 5. SITE DESIGNATION All existing or proposed Sites of Underground or Aboveground Storage Tank Systems are designated and classified as Class A Sites within the meaning of the Codes. 6. DESIGN, CONSTRUCTION AND INSTALLATION OF STORAGE TANKS (c) The design, construction and installation of Underground Storage Tank Systems containing Petroleum Products shall be in accordance with the CCME Underground Storage Tank Code and the Fire Code. The design, construction and installation of Aboveground Storage Tank Systems containing Petroleum Products shall be in accordance with the CCME Aboveground Storage Tank Code and the Fire Code. No person shall construct or cause to be constructed, installed, operated or Altered an Aboveground or Underground Storage Tank System without first obtaining a Building Permit. No permit shall be required for routine or minor

6 Bylaw No Page 6 maintenance of Storage Tanks such as painting, testing, cleaning, replacement of controls and other accessories as determined by the City. (d) (e) Notwithstanding the CCME Codes of Practice, no person wishing to construct or cause to be constructed, installed or Altered, an Aboveground or Underground Storage Tank System, shall be required to obtain the City s approval of the installer being retained by the Owner for these purposes. Unless exempted under this Bylaw, every person making application for a Building Permit for a Storage Tank or Storage Tank System shall: (ii) include three sets of drawings indicating the layout, size, product storage, piping, drainage and oil/water interceptor system, Leak monitoring system, tank installation details, pavement grading, dispenser location and protection, backfill materials, anchorage for tanks and all other details pertaining to the removal or installation proposed; and submit Schedule B1 and B2 Letters of Assurance from a Co-ordinating Registered Professional and geotechnical, mechanical, civil and structural registered professionals as specified in the B.C. Building Code. (f) (g) (h) (j) (k) Storage Tanks shall not be located above underground utilities of any kind including, without limitation, water, storm or sewer lines, gas lines, telephone or television cable. Every Storage Tank shall be Certified prior to installation. At time of installation and prior to initial operation, every Storage Tank, including piping, shall be tested for Leaks and shall contain such Leak Detection devices and methods required by the applicable Code. During installation of Storage Tanks and associated piping, fixtures and equipment, the Owner shall arrange and provide a minimum 24 hours advance notice for a Fire Inspector to be present. All Schedules CA and CB as specified in the B.C. Building Code shall be submitted prior to final inspection. Every Owner or Operator of an Underground or Aboveground Storage Tank System shall maintain records as required by the Fire Code and the applicable Code. Every Owner or Operator of an Underground and Aboveground Storage Tank System shall operate and maintain the Underground and Aboveground

7 Bylaw No Page 7 Storage Tank System in accordance with the Codes. (l) (m) (n) Every Alteration of an Underground and Aboveground Storage Tank System shall be in accordance with the CCME Underground and Aboveground Storage Tank Codes. The Handling of Petroleum Products or Allied Petroleum Products involving an Underground Storage Tank System shall be in accordance with the Fire Code and the CCME Underground Storage Tank Code. Owners and Operators of Petroleum Products Storage Tank Systems, and persons considering installing Petroleum Products Storage Tank Systems shall, where possible: (ii) (iii) (iv) determine if a Petroleum Products Storage Tank System is required for their operation or property, or whether the relevant Petroleum Product can be purchased as required from a commercial vendor that stores the product at the vendor s premises; Aboveground and Underground Storage Tank Systems have significant potential to lead to substantial environmental or economic liabilities; minimize the volume of their installed Petroleum Products Storage Tank Systems; reduced volume stored leads to reduced potential volume to spill to the environment, and reduced potential liability; use alternative products that would have lower impact on the environment if spilled (for example, biodegradable lubricants); and minimize the use of Petroleum Products; all things being equal, reduced use leads to reduced potential spillage to the environment, and reduced potential liability. (o) (p) Final inspection, issuance of a business licence and release of securities will be subject to the submission of Ministry of Water, Land and Air Protection remediation certificates and provision of Schedule C Letters of Assurance by all registered professionals. Neither the issuance of a Building Permit or review of plans and supporting documents or inspections shall in any way constitute a representation, warranty or statement of compliance with this bylaw, the B.C. Building Code, the Fire Code or any other applicable statute, regulation or City bylaw. 7. MARINE FUEL DISPENSING STATIONS No person shall install or operate a marine fuel facility without first obtaining a Building Permit.

8 Bylaw No Page 8 (c) (d) (e) (f) (g) (h) (j) Every Marine Fuel Dispensing Station shall be located in accordance with the Fire Code and the British Columbia Coastal Marina Facility and Operating Standards. Every Marine Fuel Dispensing Station using Underground or Aboveground Storage Tanks shall comply with Section 6 of this bylaw. All dispensing pumps located over a body of water shall be installed on piers, wharves, or floating docks, or be located on shore, or on piers made of solid fill. Installation shall be in conformance with the Fire Code and the British Columbia Coastal Marina Facility and Operating Standards. All Underground and Aboveground Storage Tanks shall be designed, constructed, installed, operated, maintained or Altered in accordance with the Codes. Where Storage Tanks are located at an elevation that produces a gravity head on the dispensing device, the tank outlet shall be equipped and installed so that liquid cannot flow by gravity from the tank in the event of piping or hose failure. All Storage Tanks, including piping, shall be double walled or be installed with Secondary Containment. All installations of Storage Tanks and piping shall be equipped with an overfill prevention device and alarmed Leak detectors capable of detecting a Leak of 0.5 litres/hour at a 95 percent confidence level. A portable spill containment kit shall be kept at the dispensing area at all times. The spill containment kit shall include absorbent booms and pads in sufficient quantity to meet the needs of the facility so as to address minor spillage. The product transfer area between the Fuel Dispensing Stations and land based Storage Tanks shall be paved with concrete and graded, curbed or diked to contain all spills that occur during product transfer. The spills collected shall be contained, treated and disposed of in accordance with the City s Industrial Waste Bylaw and the British Columbia Coastal Marina Facility and Operating Standards where applicable. All Storage Tanks, including piping, shall be tested for Leaks at the time of installation. A Leak Test shall be performed at least annually. A Leak Test shall be performed when inventory records indicate losses greater than 0.5 percent of monthly tank throughput or when five consecutive loss/gain

9 Bylaw No Page 9 computations show a loss. (k) Every Owner or Operator of a Marine Fuel Dispensing Station shall maintain the following records (ii) (iii) Leak Detection Test results including line testing and all Leak Tests; inventory control records in accordance with the Fire Code; and such further records as required by the Codes. (l) All staff shall be fully trained in the operation of the facility, and training shall include spill prevention, containment and control. Either the person in charge of the boat or his delegate shall physically fuel the boat. Neither the marina Operator, nor his staff, may perform this function. 8. STORAGE TANK REMOVAL (c) Except when the City considers it impractical to do so, all Abandoned Storage Tank Systems shall be removed. Prior to removal, the Owner or Operator shall provide all available Site investigation information to the City and shall apply for and may be issued a demolition permit. During tank removal, the Owner or Operator shall arrange and provide a minimum 24 hours advance notice for a Fire Inspector to be present. Removal of an Underground Storage Tank shall be performed in accordance with the Fire Code and the CCME Underground Storage Tank Code. Any Storage Tank to be Abandoned in place shall be done in conformance with the B.C. Fire Code. An application for a demolition permit to remove or Abandon a Storage Tank shall include three sets of accurate scale Site plans showing the location, size and product identity of the tanks to be removed or Abandoned, and all dimensions to property lines and structures. Prior to issuance of a demolition permit, the property Owner shall submit a completed Site profile, as required by The Contaminated Sites Regulations under the Waste Management Act. No demolition permit shall be issued until authorization is received from the Ministry. Final inspection and approval by the City under the demolition permit shall be subject to the Owner or Operator completing all remediation work required by the Ministry of Water, Land and Air Protection and providing the City with a remediation completion certificate issued by that Ministry.

10 Bylaw No Page RIGHT OF ENTRY The Building Inspector, City Engineer, and Bylaw Enforcement Officers are authorized to enter on property at any time in order to ascertain whether the requirements of this bylaw are being met. No person shall interfere with or obstruct the entry of any authorized City representative onto any land to which entry is made or attempted pursuant to the provisions of this bylaw. 10. ENACTMENTS In addition to the provisions of this bylaw, Owners and Operators of Petroleum Products Storage Tank Systems shall comply with all other applicable statutes and regulations, including, without limitation, the Waste Management Act, British Columbia Fire Services Act, local Fire Services bylaws, British Columbia Fire Code, Canada Shipping Act, British Columbia Building Code, National Fire Code, and British Columbia Coastal Marina Facility and Operating Standards. In the event of any conflict between this bylaw and any other statute or regulation the more strict shall apply. Any enactment referred to in this bylaw is a reference to an enactment of Canada or British Columbia and regulations thereto as amended, revised, consolidated or replaced from time to time and any bylaw referred to in this bylaw is a reference to an enactment of the Council of the City as amended, revised, consolidated or replaced from time to time. 11. OFFENCES AND PENALTIES Any person who violates any of the provisions of this bylaw or who suffers or permits any act or thing to be done in contravention of, or in violation of any of the provisions of this bylaw, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this bylaw, or who does any act which violates any of the provisions of this bylaw, shall be deemed to be guilty of an offence thereof and is punishable by a fine or penalty not exceeding $2,000 (Two Thousand Dollars) for each offence and the costs of prosecution. Where an offence against this bylaw is of a continuing nature, each day the offence continues shall be a separate offence.

11 12. SEVERABILITY CITY OF ABBOTSFORD Bylaw No Page 11 If a section, subsection, paragraph, subparagraph, or phrase of this bylaw is for any reason declared invalid by a court of competent jurisdiction the decision shall not affect the validity of the remaining portions of this bylaw. READ A FIRST TIME this 14 th day of April, 2003 READ A SECOND TIME this 14 th day of April, 2003 READ A THIRD TIME this 14 th day of April, 2003 RECONSIDERED and ADOPTED this 28 th day of April, 2003 I hereby certify this to be a true copy of the original bylaw Mayor Mary Elizabeth MacKenzie Manager, Legislative Services Director of Administration and Corporate Planning