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Chapter 14.22 - Underground Storage Tank Removal

14.22.010 Definitions
As used in this chapter:
"Operator" means any person in control of, or having responsibility for, the operation of an underground storage tank.
"Owner" means:
1. In the case of an underground storage tank in use on or after November 8, 1984, or brought into use after that date, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances; or
2. In the case of an underground storage tank in use before November 8, 1984, but no longer in use on or after November 8, 1984, any person who owned such tank immediately before the discontinuation of its use.
"Person" means any individual, trust, firm, joint-stock company, corporation (including a government corporation), partnership, association, commission, municipality, state, county, city and county, political subdivision of a state, interstate body, consortium, joint venture, or commercial entity or the government of the United States.
"Regulated substance" means:
1. Any substance defined in Section 101 (14) of the federal "Comprehensive Environmental Response, Compensation and Liability Act of 1980," as amended, but not including any substance regulated as a hazardous waste under subtitle (C) of the federal "Resource Conservation and Recovery Act of 1976," as amended; or
2. Petroleum, including crude oil, and crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).
"Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a regulated substance from an underground storage tank into groundwater, surface water, or subsurface soils.
"Reportable quantities" means those which, as a result of a release of a regulated substance, equal or exceed the reportable quantity under the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," and its subsequent amendments, and petroleum products in quantities of twenty-five gallons or more.
"Tank" means a stationary device designed to contain an accumulation of a regulated substance, constructed of nonearthen materials including, but not limited to, concrete, steel, fiberglass or plastic which provide structural support.
"Underground storage tank" means any one or combination of tanks, including underground pipes connected thereto, except those identified in the second paragraph of this definition, that is used to contain an accumulation of regulated substances and the volume of which, including the volume of underground pipes connected thereto, is ten percent or more beneath the surface of the ground.
"Underground storage tank" does not include:
1. Any farm or residential tank of one thousand one hundred gallons or less capacity used for storing motor fuel for noncommercial purposes;
2. Any tank used for storing heating oil for consumptive use on the premises where stored;
3. Any septic tank;
4. Any pipeline facility, including its gathering lines, regulated under the federal "Natural Gas Pipeline Safety Act of 1968," as amended, or the federal "Hazardous Liquid Pipeline Safety Act of 1979," as amended, or regulated under Colorado law if such facility is an intrastate facility;
5. Any surface impoundment, pit, pond, lagoon, or landfill;
6. Any stormwater or wastewater collection system;
7. Any flow-through process tank;
8. Any liquid trap or associated gathering lines directly related to oil or gas production and gathering operations;
9. Any storage tank situated in an underground area, such as a basement, cellar, mine-working, drift, shaft, or tunnel area, if the tank is situated upon or above the surface of the floor; or
10. Any pipes connected to any tank which is described in the second paragraph of this definition. (Ord. O-91-33 § 1 (part), 1991).

14.22.020 Notification
All owners or operators of underground storage tanks which contain or have contained a regulated substance must notify the Fire Chief or Police Chief or their designees if any of the following events occur:
A. The underground storage tank will be abandoned in place;
B. The underground storage tank will be removed;
C. The underground storage tank releases reportable quantities of regulated substances. (Ord. O-91-33 § 1 (part), 1991).

14.22.030 Abandonment or removal
No underground storage tank shall be abandoned in place without the prior approval of the Fire Chief or Police Chief or their designees. An owner or operator must notify the Fire Chief or Police Chief or designee five days prior to removal of an underground storage tank. (Ord. O-91-33 § 1 (part), 1991).

14.22.040 Registered contractors
Underground storage tanks shall be removed only by contractors registered with the City of Lakewood. (Ord. O-2011-11 § 6, 2011; Ord. O-91-33 § 1 (part), 1991).


14.22.050 Removal
A. All underground storage tanks shall be removed according to the guidelines promulgated by the American Petroleum Institute. Current guidelines are available at the office of the Lakewood Hazardous Materials Coordinator.
B. All underground storage tanks shall be emptied of contaminants by an acceptable and approved American Petroleum Institute method prior to transportation.
C. Contents shall not be discharged onto any surrounding property.
D. All electrical power and sources of ignition must be shut off prior to excavation.
E. The Fire Chief or Police Chief or their designees must inspect each tank and surrounding area prior to removal.
F. No underground storage tank shall be destroyed or disassembled on site.
G. A state-licensed underground storage tank installer must be present on site during the tank removal process. (Ord. O-91-33 § 1 (part), 1991).

14.22.060 Inspection fee
The owner or operator shall pay to the City of Lakewood an inspection fee in the following amount:
$50.00 for the first tank located on site.
$25.00 for each additional tank located on site. (Ord. O-91-33 § 1 (part), 1991).

14.22.070 Penalties
A violation of this chapter shall be enforced by a charge in the Municipal Court of the City of Lakewood and, additionally, an order from the Fire Chief or Police Chief or their designees to cease the tank removal. The provisions of the ordinance codified in this chapter may be enforced by the City of Lakewood and/or the Fire Protection District having jurisdiction over the site of the violation. No remedy provided herein shall be exclusive, and the taking of any action hereunder, including charge or conviction of violation of this chapter in the municipal court, shall not preclude the taking of other action, including civil lawsuits. (Ord. O-91-33 § 1 (part), 1991).