CONTAINMENT DESIGN REQUIREMENTS.

Austin City Code tit. 6, ch. 6-2, art. 5

in effect

Austin City Code § 6-2-61 PERMIT APPROVAL.

§ 6-2-61 - PERMIT APPROVAL. (A) The director may not approve a permit for a storage facility unless the director determines that the design, construction, and operation of the facility complies with this article. (B) The director may require an applicant to provide the information necessary to make a determination under Subsection (A). Source: 1992 Code Section 14-3-100; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-62 REQUIREMENTS FOR A NEW STORAGE FACILITY.

§ 6-2-62 - REQUIREMENTS FOR A NEW STORAGE FACILITY. (A) This section prescribes requirements for constructing or installing: (1) a new storage facility; or (2) an addition to or modification of an existing storage facility. (B) A nonportable container intended for storage of a hazardous material that is liquid or solid at standard temperature and pressure must include: (1) a monitoring system to detect hazardous material in the secondary containment; and (2) a system to monitor water intrusion, distinguish between water and a hazardous material, and safely remove water, if: (a) the secondary containment is not designed to use water; and (b) a reasonable probability exists for water to enter the secondary containment. (C) Primary containment and secondary containment is required for a storage facility intended for the storage of a hazardous material that is liquid or solid at standard temperature and pressure. (D) A primary containment must be: (1) highly resistant to physical or chemical deterioration by the hazardous material being contained; or (2) constructed with an inner liner that protects the container from the hazardous material being contained. (E) This subsection prescribes requirements for a secondary containment. (1) A secondary containment must: (a) be construed of material that is not structurally weakened by contact with the hazardous material in the primary containment; and (b) contain hazardous material discharged from the primary containment for a period of time equal to or longer than the maximum anticipated time required to recover the discharged hazardous material. (2) Except as provided in Paragraph (4), if a storage facility has one primary containment, the minimum volume of the secondary containment is 110 percent of the volume of the primary container. (3) Except as provided in Paragraph (4), if a storage facility has more than one primary containment, the minimum volume of the secondary containment is the lesser of: (a) 110 percent of the volume of the largest primary containment; or (b) 50 percent of the total volume of all primary containments. (4) If a storage facility is open to rainfall, the minimum volume for a secondary containment prescribed by Paragraph (2) or (3) is increased by an amount equal to a ten-inch rainfall in a 24 hour period. (5) Secondary containment is not required for readily visible piping. (6) The director may allow a permittee to include backfill in calculating the volume of a secondary containment if the director determines that: (a) the storage facility is located outside the Edwards Aquifer Recharge Zone; (b) continuous electronic monitoring of the secondary containment is used; (c) the depth from the base of the excavation for the secondary containment to the highest recorded water table depth is at least 50 feet; (d) if the water table gradient flow is toward a water supply source, the sediment permeability is less than 0.001 centimeters per second; and (e) the permittee submits to the director the information necessary to make a determination under this paragraph. (F) Spill and overfill protection approved by the director is required for a nonportable container. (G) Materials that in combination may cause a fire or explosion, produce a flammable, toxic, or poisonous gas, or deteriorate a primary containment or secondary containment must be separated in both primary containment and secondary containment. (H) A storage facility containing a hazardous material that is liquid or solid at standard temperature and pressure must include a system for controlling the drainage of precipitation from within the facility and preventing discharge of the precipitation. The approval of the director is required for the system. The director may not approve a system unless the drainage flow is controllable. (I) The director may require a design submittal to bear the stamp of one or more professional engineers, registered with the state, certifying the design, including structural soundness, seismic safety, compatibility of construction materials with contents, cathodic protection, and mechanical compatibility with the structural elements. Source: 1992 Code Section 14-3-101(A)-(F); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-63 MANDATORY TESTING.

§ 6-2-63 - MANDATORY TESTING. (A) After an underground storage tank is delivered to its installation site and before the tank is installed, a permittee shall perform installation testing for an underground storage system in accordance with the Uniform Fire Code. (B) After an underground storage tank is installed and covered with backfill, the permittee shall air-test the tank in accordance with the Uniform Fire Code or an alternate method prescribed by the director. If the tank meets the requirements of the air test: (1) the permittee shall ballast the tank with water until placed into service; or (2) a person other than the permittee may test the tank in operating condition using a precision test. (C) A person shall perform an installation test, air test, or precision test required by this section in the presence of an inspector from the Watershed Protection and Development Review Department. Source: 1992 Code Section 14-3-101(G)-(J); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-64 REQUIREMENTS FOR AN EXISTING STORAGE FACILITY.

§ 6-2-64 - REQUIREMENTS FOR AN EXISTING STORAGE FACILITY. (A) Except as provided in Subsection (B), this section applies to a storage facility if, on June 19, 1985: (1) the facility existed; (2) the facility was under construction; or (3) a building permit had been issued for the facility. (B) An addition to or modification of a storage facility or its construction plans must comply with Section 6-2-62 (Requirements for a New Storage Facility). (C) A permittee may not use a storage facility unless the director determines that the continued use of the storage facility is safe after considering: (1) the age and condition of the facility; (2) the methods of containment; (3) the monitoring methods; (4) the feasibility of a required retrofit; (5) the concentration of the hazardous materials; (6) the severity of potential unauthorized discharge; and (7) the suitability of other long term preventive measures that meet the intent of this chapter. Source: 1992 Code Section 14-3-102(E) and (F); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-65 REQUIREMENTS FOR OUT-OF-SERVICE FACILITY.

§ 6-2-65 - REQUIREMENTS FOR OUT-OF-SERVICE FACILITY. (A) The owner of a storage facility shall continue to monitor and inspect a facility that is out-of-service until it is closed in accordance with this chapter or state or federal law. (B) If the director determines that the owner of a storage facility is not monitoring or inspecting the facility in accordance with this chapter, the director may require the owner to close or remove the facility in a manner approved by the director and prescribed by the materials management plan. (C) If a property owner becomes aware of the existence of a storage facility on the property that is not being monitored or inspected and has not been closed in accordance with this chapter or state or federal law, the owner shall, not later than the 90th day after the discovery date, file a plan with the director for closing the facility, removing the facility, or upgrading and permitting the facility. Source: 1992 Code Section 14-3-103; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-66 REPORT OF LEAK OR ACCIDENTAL RELEASE.

§ 6-2-66 - REPORT OF LEAK OR ACCIDENTAL RELEASE. (A) This section applies to a storage facility that contains a hazardous material that is liquid or solid at standard temperature and pressure. (B) A permittee shall immediately report to the director a leak or accidental release of a hazardous material: (1) from a storage facility that does not have a secondary containment; (2) from a storage facility's secondary containment; or (3) if the leak or release increases the hazard of fire or explosion or causes a deterioration of the secondary containment. (C) A permittee shall record in the monitoring report a leak or accidental release of a hazardous material if: (1) the storage facility is a nonportable container with primary containment and secondary containment; (2) the leak or release is from the primary containment and the hazardous material is contained by the secondary containment; (3) the leak or release does not increase the hazard of fire or explosion or cause a deterioration of the secondary containment; and (4) the permittee is able to clean up the hazardous material within eight hours. (D) A report required by Subsection (B) must include: (1) a description of the permittee's ability to contain and dispose of the hazardous material; (2) the estimated time to complete containment and disposal; and (3) an assessment of the risk. (E) The director may review and modify or terminate a permit for a storage facility if: (1) there has been a leak or accidental release of a hazardous material; or (2) the director determines that the facility is unsafe. (F) In making a determination under Subsection (E), the director shall consider: (1) the age of the storage facility; (2) the methods of containment; (3) the condition of primary containment and secondary containment, if any; (4) the monitoring methods; (5) the feasibility of required repairs, if any; (6) the concentration of the hazardous substances stored; (7) the severity of potential leaks or accidental releases; and (8) the suitability of any other long-term preventative measures which would meet the requirements of this chapter. Source: Section 14-3-104(A)-(C); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-67 REPAIRS TO CERTAIN STORAGE FACILITIES.

§ 6-2-67 - REPAIRS TO CERTAIN STORAGE FACILITIES. (A) This section applies to an underground storage tank containing motor vehicle fuel not under pressure. (B) Except as provided in Subsection (C), a permittee may interior-coat a tank to prevent leaks in accordance with Subsections (E) and (F). (C) If a tank has leaked or released its contents accidentally, a permittee may interior-coat the tank one time if the requirements of Subsections (D) through (G) are met. (D) The permittee shall determine the thickness and condition of the storage tank by providing for the tank to be tested as prescribed by this subsection. If the test results indicate that the tank has a serious corrosion problem, the director may require additional corrosion protection for the tank or may prohibit the permittee from making the repair. (1) The permittee may conduct an ultrasonic test. (2) The permittee may provide for a special inspector to enter and inspect the entire interior surface of the tank and certify that the shell provides structural support for interior lining. (a) This subparagraph applies to a fiberglass tank. (i) Before inspection, the permittee shall clean the tank of all wall surface residue. (ii) The inspector shall measure the interior diameter. The inspector shall identify each area, if any, where compression or tension cracking is occurring. (iii) The inspector shall provide the director with the test results, including the required certification, if any. 1. The permittee may not reline a tank or return it to service if the measured diameter is less than 99 percent of the original diameter. 2. The permittee shall reinforce each cracked area, if any, with additional glass fiber before lining the tank. (b) This subparagraph applies to a steel tank. (i) Before inspection, the permittee shall abrasive-blast the interior surface completely free of scale, rust, and foreign matter in accordance with the American Petroleum Institute's recommended practice relating to white metal blasting. (ii) The inspector shall sound each perforation or pitted area, if any, with a brass ball peen hammer to enlarge the perforation or break through a potentially thin steel area. (iii) The inspector shall provide the director with the test results, including the required certification, if any. (iv) The permittee may not line a tank or return it to service if: 1. the tank has an open seam or split larger than three inches; 2. the tank has a perforation larger than one and one-half inches in diameter, or a perforation under the gauging opening larger than two and one-half inches in diameter; or 3. in a one square-foot area, the tank: a. has more than five perforations smaller than one-half inch in diameter; or b. has one or more of the perforations larger than one-half inch in diameter; 4. in a 500 square-foot area, the tank: a. has more than 20 perforations; or b. has one or more of the perforations larger than one-half inch in diameter. (3) The director may approve another similar test method. (E) A permittee shall use an interior-coating material that is compatible with motor vehicle fuel and that is approved by the director. (F) A permittee shall apply interior-coating material in accordance with nationally recognized engineering practices, including the American Petroleum Institute's recommendation for the interior lining of an existing underground storage tank. (G) Before a permittee may place a tank back into service after the repair of a leak, the permitted shall provide for testing the tank in the operating condition by using a precision test. The permittee may not perform the test. Source: 1992 Code Section 14-3-104(D); Ord. 031023-10; Ord. 031211-11.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT6ENCOCO_CH6-2HAMA_ART5CODEREFetched: 10/27/2026