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Home My WebLink AboutOrdinance - 8102-1980 - Requiring Removal Or Filling Of Abandonded Underground Flammable Storage Tanks - 11/13/1980~ ·~~.~l+, \ SMT:pc ORDINANCE N0.8102 -,::-r-1 .. -r· ,--l~~w-0...-- ,. ZO·~f) AN ORDINANCE REQUIRING THE REMOVAL OR FILLING OF ABA~ONED UNDERGROUND FLAMMABLE STORAGE TANKS, PROVIDNG A SAVINGS CLAUSE, PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. WHEREAS, the failure to remove or fill abandoned underground flammable liquid storage tanks creates a hazardous condition, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Chapter 12, Article V, Section 12-60a BE and is hereby added to the Code of Ordinances of the City of Lubbock to read as follows: "Sec. 12-60a. Storage Containers -Removal or Filling upon Abandonment. Underground Storage tanks for flammable liquids shall either be complete! removed or filled with a material which shall return the area to the same or greater load bearing capacity as the surrounding area. If removed, said storage tanks shall be either moved to at least 5000 feet outside of the city limits or steam cleaned to render them harmless. Any excavation shall be filled with clear fill dirt (no rubble or trash) and the surface shall be restored to establish grades to provide proper drainage. In all cases where material is used to fill an underground storage tank, the type and quantity of material shall first be approved in writing by the Building Official and the City Engineer. Abandonment shall be deemed to have occurred upon cessation of use for a period of twenty-four months or upon the surface being used for an occupancy other than that involving the underground storage of flammable liquid." SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided in Section 1-5 of the City Code. SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause . publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on Passed by the City Council on APPROVED AS TO CONTENT: ~1.9~12.? ROoert Stokes, Fire Marshall ..I·· . I first reading this !'IP'· day of. HDJ<M.bu, 1980. second ~"iPd-f Novemb"> 1980. BI~~YOR CITY Or LUBBOCK MEMO 10/27/80 Larry Cunningham -City Manager DATE:-----------------To=--------------------------- FR 0 M : __ -=.T.:::o:m:.....:.F.::o:.::s:..::t:.::e::=r=-----=F:;..:l.:..:. r::.;e=-.C:::.:.:h.:::i.:::e~f ___ _ Removal of Underground Flammable Liquid Tanks SUBJECT; ________________ ~-------------~--------------------- The Fire Marshal has brought to my attention that the City of Lubbock Code of ordinances does not give clear direction on what to do with abandoned underground Flammable Liquid Tanks. We are recommending an .ordinance that would require removal of aban- doned underground storage tanks. Reference attached memo from Fire Marshal. Tom Foster, Fire Chief cc: Evelyn Gafrga City Secretary TPF/cms 1-2-4 ~~!~ ern sE-&REtt£1 SIGNEO CITY OF LUBBOCK MEMO CHIEF TOM FOSTER,LUBBOCK F.D. 10-16-80 To:------------------~----------------OATE:--~~~~------------------ FROM: ROBERT D I STOKES SUS.JECT-l REMOVAL OF JJNDERGROIIND FI.AMMABI.E I.IQIIID TANKS ·; AN ORDINANCE REQUIRING THE REMOVAL OF UNDERGROUND FLAMMABLE LIQUID TANKS ARE NECESSARY FOR THE FOLLOWING REASONS: 1. N.F.P.A. REQUIRES REMOVAL OR COMPLETE FILLING WITH AN INERT MATERIAL. "SAND" WE HAVE NO WAY OF KNOWING THAT A TANK IS COMPLETELY FILLED WITH SAND, IF A CAVITY IS ALLOWED TO REMAIN IN THE TANK: THERE IS A DANGER OF EXCESS WEIGHT CAUSING A CAVE IN. THIS IS ALSO POSSIBLE IF ALLOWED TO BE COVERED WITH A STRUCTURE. 2. THERE IS NO RECORD OF TANKS LEFT IN THE GROUND OR THEIR LOCATION. 3. THE ONLY COMPLETELY SAFE WAY IS: THE REMOVAL OF THE TANKS. 4. THE PURGING OF TANKS BY STEAM CLEANING WILL ASSURE THAT NO FLAMMABLE LIQUID OR AN EXPLOSIVE ATMOSPHERE IS LEFT IN THE TANK. 5. THERE IS NO WAY OF KNOWING HOW MANY TANKS WE HAVE REMAINING IN THE GROUND & WE SHOULD TAKE STEPS NOW TO PREVENT THIS HAPPENING:..IN THE FUTURE. THIS IS THE ONLY METHOD WHEREBY WE CAN BE ASSURED THAT A SITE ONCE USED FOR THE STORAGE OF FLAMMABLE LIQUID IS SAFE TO USE AS ANOTHER TYPE OCCUPANCY. SIGNEO· 1-2-4 ..... :: ... :. ..... / CITY OF" LUBBOCK :MEMO ~o:---r~H~I~~~F~~T~Q~V~·~F~o~s~T~E~B-------------------DATE: __ 1._1.._-_...1 ..... 7_-_._Bu..Q.__ ___________ _ FROM: ROBERT STOKES I FIRE MARSHAL ' sue.JE<;T: UNDERGROUND STORAGE TANKS I have contacted the following companies concerning the filling of Underground Tanks. The results are as follows: 1. White Pump co. Phone number 762-2423 They have filled some tanks with water to remove the Explosive atmos- phere. Results: When a hole rusts in the tank, the water runs out & a cavity remains. They have tried to fill one with sand but could not find anyone that would blow: the sand into the tank. Results: The sand was put in the tank with a funnel and shovel which left the tank only partially full. They hired "Western co. Oil Field Drilling co." to pump a tank full of drilling mud at a cost of about $900.00. I could find no one in the Lubbock Vicinity that has these capabilities. 2. Plains Pump Co. Has filled some tanks with water; but has no way of filling them with sand. 3. I have called Petroleum Equipment Institute in Tulsa, Oklahoma. Mr. Howard Upton will call American Petroleum Institute & will send me all the information they can obtain. They did not know of anything to fill the tanks with other than concrete . . 4. Polyethylene Materials & Products co. Has nothirig or any method they could use. 5. Lubbock Building Products Cannot pump concrete into ta~k, but stated Herman Holman could. Appro- ximate Cost: $50.00 per cubic yard on a 2,000 Gallon tank. This would amou:1t to about $450.00. Results: 40,000 pounds of concrete to be re- moved if a basement were to ~e placed on the site. 6. State Chemical Co. ' Suggested filling with a slurry made of a material that is used to absorb oil on Garage floors. cost: S3.00 to $6.00 per hundred pounds. 7. Hallmark Builders Phone number 763-2381 They stated Service Insulation co. of hrnar illo could fill tanks wi tr; Foam I~sulation for approxi~ately $900.00. Results:Does not ~ve the ! -/ I-.::.-- SIGNEO • ' . . ( 2) abili~y to support structures that fill dirt or soil would have. I recommend that the ordinance be passed as submitted. Sincerely, f,~:r&ffik Robert D. Stokes, Fire Marshal Lubboc~ Fire Department . . ~ . , The State of Texas County of Lubbock Before me, Gilbert Ortiz, a Notary Public in and for Lubbock County, Texas on this day personally appeared Bidal Aguero of Amigo Publications, publishers of ~1 Editor, weekly newspaper, who being by me duly sworn did depose and say that said news- paper has been published continuously for more than fifty-two weeks prior to the first insertion of this City-Ordinance No. #8102 at Lubbock County, Texas and the attached printed copy of the City Ordinance is a true copy of the origin- al and was printed in El Editor on the following dates: November 21 and 28. 1980 · Amigo Publications Subscribed and sworn to before me this ..if.~:!Lday of DE&m/z.t;l!.., 1980 Nortary Pub 1 ic " · · · ..... drdinance No: 8102 ~ifier -than "lhat InvolVing lhe. ,-An qf!linance requiring the 1 r n<terground atorage-of flammable· t "~L Ar rtillinQ, J)f •bendq* tquld." , d.lt'ldel'groLnd ' flarrim~ .·atorage Section }2-Th,at 'L!91fijon ol.fPY · ~tanka. p,.oviUlnsr-a avlngs ctauae.' provislohi.ohhis Otdlnllm:rilillJ be I providing a penalty and providing 1or : deemed a misdemeanor ·P'Dri1171Jbl.., l publl~tiOD( •• . , -,,r:1~1 v ": .1 by a fine not to exceect two l'jundretf 1 Be It Ordalriedlly the Ctty Council of dollanu provided in Section 1-5 ol\ : the City of Lubbock: . . ; eQftt.~e. t• ' • · '-· 1 "Sec. 12-808. Storage Contalnlnl,' Section. 4. Thatthe City Secretary '-.,liemoval o~ Flll)ng:;i.ipon l Is :hereby 811Jhorlzed to ceuae' ,'Abandonment· ~: · ...• , .. , ' .• , · ublicationotthedncriptiva~n: l Underg. _'_o_ und s_ to. rape tanka_ to_ ~ . f_ thl·a. Ordinanc:e as an Lttemative i flammabre _liquids • ahaU-either be· ethad provided by law. · ~ compl~ely .fQJI:)ved or"!flled o,yllh, ~· -"; And Ills So Oidered . ¥ material'whicl\'anall return file 41'~-used by ~e. Cit)' ~()uncil on first ;. to the aame or greater load bearing reading this'13th day of~vember, ! capacity ~J~ au~rl2ui'Jdinq .,., If_ 1980: . , · , !_ ramoved, $aid ltonlge tanJai ahalt·'b; · . assed by the City Counc:il on > either moved ,.to a1_ least 5000 teet . d reading this. 20th day of i outside ot, the .Ci~Y. tim~ ~ ateam ~ber. t980. ., ; ,. :. , .. • .'; 1 . · ) cleaned -~ render ~em harmless. · fa/81tl MCAiiJterJIIayorj :.Any .excavation lhall·. be filled with. tlf!t: . 1 clear fill dirt (no rubble or trash) and, vetyn Clolfga. (:illy·~ j'the aurtac:t •llaU, 1:1e teStwl!P to ecra1ary-l'repurer· :• · " ! establish gtadn to prcMdtJ'proper pproveb' At/1o COntent: I drainage. In all c:ues where material · a/Robert Stokes, Fire Marsha! i is used to fill an underground storage_$ pproved ~~~ To Form: ~tank, the, type and quantity of! · 'a/Susan M. Tum, Assistant 1 material shf111 tlrat be approv~ ir( ,!Eitv AHorner · ...:.... _ ~ ••rlun;:. py .tt1.o CI'IIJhtitlg-:QffiCJeL anct lthe City 'Engineer. Abandonment: f ahall be deemed to i'lave o~rred !, upon cessation of use fora period of Uwenty-four monthS .. or upon ·tile' faut1ac4;i beli!II.!JHd tor an o~c:upan •