18 - Existing Underground Storage Tanks (UST)

Revised on 06-22-2020

An Underground Storage Tank (UST) is a tank and any underground piping connected to the tank that has at least 10 percent of its combined volume underground.

Per LAMC Section 62.03(c)(1) and LAMC Section 62.03(c)(2), no person shall install any storage tank in any public street without obtaining a permit from the Board to do so in compliance with the provisions of LAMC Section 62.02.

REQUIREMENTS


Removal

In most circumstances, the City would like to have UST’s removed and not left in place.  Per LAMC 62.03(c)2, permission to maintain a tank in a public street may be revoked by the Board at any time, and upon such revocation, the tank shall be removed.  Per LAMC 62.03(c)4, the Board of Public Works may perform the necessary work to remove or fill an underground storage tank and recover the cost of the work from such person if within 20 days the owner (or his heirs, successors, or assigns) refuses, fails, or neglects to remove or fill an underground storage tank.  If the removal of an existing tank is not feasible, the tank must be cleaned, abandoned in-place and approved by the appropriate agencies (See Abandonment).

The issuance of a permit to excavate in a public street for removal an underground storage requires the applicant to obtain the following:

  • Excavation Permit (permission to install/construct something is the public right-of-way)
  • Fire Department Specific Action or Project Permit per LAMC Section 57.105.7.1.1

Required conditions staff must receive to revoke the existing Revocable Permit for the UST include:

  1. Written request to revoke the existing Revocable Permit from the property owner
  2. A signed and notarized Waiver of Damages, Indemnification Agreement and Right of Ingress and Egress that has been recorded with the Los Angeles County Recorder’s office.  With the recordation of this waiver, the property owner agrees to remove all the encroachments and restore the public right-of-way satisfactory to the City Engineer when requested, or if the permit is revoked. The Waiver of Damages, Indemnification Agreement and Right of Ingress and Egress covenant runs with the land.

Abandonment

Per LAMC 62.03(c)3, when not contrary to public health, safety or welfare, the Board can allow the installation to be only partially removed, and the balance to be abandoned in place.  The Board can also permit an unused tank to be filled and to abandoned in place.  All abandonment conditions must also comply with LAMC Section 57.105.7.1.1.

The issuance of a permit to excavate in a public street for abandoning an underground storage requires the applicant to obtain the following:

  • Revocable Permit (permission to put something in the public right-of-way)
  • Excavation Permit (permission to install/construct something is the public right-of-way)
  • Fire Department Specific Action or Project Permit per LAMC Section 57.105.7.1.1

Items staff must receive to prepare the Revocable Permit Requirements include:

  • Soils Report
  • Proof of satisfactory insurance coverage
  • Copy of the deed
  • A signed and notarized Waiver of Damages, Indemnification Agreement and Right of Ingress and Egress that has been recorded with the Los Angeles County Recorder’s office.  With the recordation of this waiver, the property owner agrees to remove all the encroachments and restore the public right-of-way satisfactory to the City Engineer when requested, or if the permit is revoked. The Waiver of Damages, Indemnification Agreement and Right of Ingress and Egress covenant runs with the land.
  • Stamped engineering plans reviewed and approved by the Central District Excavation Permit Group
  • Written approval from the Street Improvement Group confirming that a street widening project is not proposed in the near future.
  • Proof of acceptance by BCA that construction has been accepted.

Installation (allowed per the LAMC, but no new tanks have been permitted in over 20 years)

The issuance of a permit to excavate in a public street for installing an underground storage requires the applicant to get the following:

  • Revocable Permit (permission to put something in the public right-of-way)
  • Excavation Permit (permission to install/construct something is the public right-of-way)
  • Fire Department Specific Action or Project Permit per LAMC Section 57.105.7.1.1

Once an application has been submitted, staff should confirm the following items have been received and/or processed through the proper departments. 

  1. Confirm the proposed location is in the public right-of-way
  2. Tier 2 Fees paid
  3. Proof of satisfactory insurance coverage
  4. Copy of the deed
  5. A signed and notarized Waiver of Damages, Indemnification Agreement and Right of Ingress and Egress that has been recorded with the Los Angeles County Recorder’s office.  With the recordation of this waiver, the property owner agrees to remove all the encroachments and restore the public right-of-way satisfactory to the City Engineer when requested, or if the permit is revoked. The Waiver of Damages, Indemnification Agreement and Right of Ingress and Egress covenant runs with the land.
  6. Stamped engineering plans reviewed and approved by the Central District Excavation Permit Group
  7. Written approval from the Street Improvement Group confirming that a street widening project is not proposed in the near future.
  8. Proof of acceptance by BCA that construction has been accepted.