The purpose of this chapter is the protection of health, life, resources and property through prevention and control of unauthorized discharges of hazardous materials.
(1976 Code § 4-13.101; Ord. 476 § 2)
A.
No person, firm or corporation shall cause, suffer, or permit the storage of hazardous materials:
1.
In a manner which violates a provision of this chapter or any other local, federal or state statute, code, rule or regulation relating to hazardous materials; or
2.
In a manner which causes an unauthorized discharge of hazardous materials or poses a significant risk of such unauthorized discharge.
B.
The city shall have discretion to exempt an applicant from any specific requirements of this chapter, other than the requirement for secondary containment in underground storage facilities, except as provided in MMC § 4.65.100(C)(4), or to require applicant to meet additional or modified requirements, where such action would be appropriate and consistent with achieving the general obligation of this chapter for protecting public health, safety, and welfare.
(1976 Code § 4-13.102; Ord. 476 § 2)
B.
All such hazardous materials shall be contained in conformity with Article III of this chapter.
C.
The storage of such hazardous materials shall be in conformance with the approved hazardous materials management plan.
D.
The city shall apply for, and the officer shall consider and issue where appropriate, a permit, in conformity with this chapter, for the storage of hazardous materials by the city in an underground storage tank, as those terms are defined in Chapter 6.7 of Division 20 of the California Health and Safety Code, wherever the city's storage facility may be situated. Any other city, county, district or department, or agency of the state which stores any hazardous substance, in an underground storage tank, as those terms are defined in Chapter 6.7, in this city without a permit meeting the requirements of said Chapter 6.7 issued by such other local agency, shall obtain and keep current a permit from the city which conforms at a minimum to Sections 25284 and 25284.1 of the Health and Safety Code.
(1976 Code § 4-13.103; Amended by Ord. 480 § 1; Ord. 476 § 2)
Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meanings set forth below:
A. "Abandoned,"
when referring to a storage facility, means out of service and not safeguarded in compliance with this chapter.
D. "Facility"
means a building or buildings, appurtenant structures, and surrounding land area used by a single business entity at a single location or site.
E. "Hazard class"
means Explosives A, Explosives B, Explosives C, blasting agents, flammable liquids, combustible liquids, flammable solids, oxidizers, organic peroxides, corrosive materials, flammable gases, nonflammable gases, Poisons A, Poisons B, irritating materials, etiologic agents, radioactive materials, Other Regulated Materials (ORM) A, B, C, D and E. For purposes of this chapter, the U.S. Department of Transportation (DOT) definitions in 49 CFR Part 173 as amended shall be utilized; however, whenever the definitions in 49 CFR 173 refer to transportation or hazards associated with transportation, they shall be deemed to refer to storage or other regulated activity under this chapter.
F. "Hazardous material"
means any material which is subject to regulation pursuant to Article II of this chapter. A mixture shall be deemed to be a hazardous material if it either is a waste and contains any material regulated pursuant to Article II of this chapter, or is a nonwaste and contains one percent by volume or more of any material regulated pursuant to Article II of this chapter.
G. "Officer"
means the department or special district designated by the county to administer this chapter or any designee of the department or special district.
H. "Permit"
means any hazardous materials storage permit issued pursuant to this chapter, as well as any additional approvals thereto.
I. "Permit quantity limit"
means the maximum amount of hazardous material that can be stored in a storage facility. Separate permit quantity limits will be set for each storage facility for which a permit is obtained in accordance with the requirements of this chapter.
J. "Permittee"
means any person, firm or corporation to whom a permit is issued pursuant to this chapter and any authorized representative, agent or designee of such person, firm or corporation.
K. "Pipes"
means pipeline systems which are used in connection with the storage of hazardous materials exclusively within the confines of a facility and which are not intended to transport hazardous materials in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel.
L. "Primary containment"
means the first level of containment, i.e., the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained.
M. "Product-tight"
means impervious to the hazardous material which is contained, or is to be contained, so as to prevent the seepage of the hazardous material from the primary containment. To be product-tight, the container shall be made of a material that is not subject to physical or chemical deterioration by the hazardous material being contained.
N. "Secondary containment"
means the level of containment external to and separate from the primary containment.
O. "Single-walled"
means construction with walls made of but one thickness of material. Laminated, coated, or clad material shall be considered as single-walled.
P. "Storage facility"
means any one or combination of tanks, sumps, wet floors, waste-treatment facilities, pipes, vaults or other portable or fixed containers, used, or designed to be used, for the storage of hazardous materials at a facility.
R. "Unauthorized discharge"
means any release or emission of any hazardous material which does not conform to the provisions of this chapter, unless such release is in accordance with the release regulations of the Bay Area Air Quality Management District and California Air Resources Board, with a National Pollutant Discharge Elimination System Permit, with waste discharge requirements established by the Regional Water Quality Control Board pursuant to the Porter Cologne Water Quality Act, or with local sewer pretreatment requirements for publicly owned treatment works.
S. "Wet floor"
means a floor which is used to routinely collect, contain or maintain standing liquids or to transmit standing liquids on a more or less continuous basis.
(1976 Code § 4-13.104; Ord. 476 § 2)
Whenever the approval or satisfaction of the officer may be required in this chapter for a design, monitoring, testing or other technical submittal by an applicant or permittee, the officer may, in its discretion, require such applicant or permittee, at such applicant's or permittee's sole cost and expense, to retain a suitably qualified independent engineer, or chemist, or other appropriate professional consultant, acceptable to the officer, for the purpose of evaluating and rendering a professional opinion respecting the adequacy of such submittal to achieve the purposes of this chapter. The officer shall be entitled to rely on such evaluation and/or opinion of such engineer, chemist or professional consultant in making the relevant determinations provided for in this chapter.
(1976 Code § 4-13.105; Ord. 476 § 2)