The regulations in this article are intended to ensure that the use, handling, storage and transport of hazardous materials and substances comply with the requirements of the California Health and Safety Code and that the city is notified of emergency response plans, unauthorized releases of hazardous materials and hazardous substances, and any substantial changes in facilities or operations that could affect the public health, safety or welfare. It is the intent of these regulations to require reporting of information to the city that must be provided to other public agencies.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 1026 § 2, 1991; Ord. 07-1284 § 3 (Exh. F), 2007)
In this article:
A. 
"Hazardous material"
is any material that, because of its quantity, concentration, or physical or chemical characteristics poses a significant hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous material" includes without limitation a hazardous substance (as defined in Health and Safety Code Section 25501(p)), hazardous waste and any material which a handler or the city has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. (Health and Safety Code Section 25501(o).)
B. 
"Hazardous substance"
is every substance on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services under Health and Safety Code Section 25282.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 1026 § 2, 1991; Ord. 07-1284 § 3 (Exh. F), 2007)
A. 
A use permit is required for each new commercial or institutional use, accessory use, or major addition or alteration of such an existing use that involves the manufacture, storage, handling, transport or processing of a hazardous material or hazardous substance in sufficient quantity that would require a permit under the Uniform Fire Code adopted by the city, with the following exceptions:
1. 
Underground storage of bulk flammable and combustible liquids is permitted, subject to PMC § 18.84.290; and
2. 
A hazardous substance in container sizes of 10 gallons or less stored or maintained for the purposes of retail or wholesale sales is exempt from these regulations.
B. 
A use permit is required for a new industrial use that will have an engineered design capacity to manage more than 12,500 tons per year of hazardous material. A new industrial use may require a use permit under other provisions of this title regardless of capacity.
C. 
A use permit is required for an alteration or addition to an existing industrial use that involves either (1) an increase of 25 percent or more in the amount of hazardous material managed, or (2) an increase of 12,500 tons or more per year in the amount of hazardous material managed, in the part of the facility to be physically modified.
D. 
The city planner or the planning commission may request information on the procedure to be used to process, transport and store a hazardous material or hazardous substance in a safe manner before approval of a use permit. An application for a use permit under this section shall contain a copy of a hazardous materials management plan submitted to any other regulatory agency or local authority.
E. 
As an aid to determining which businesses are within the scope of this section, planning agency staff may refer to the list prepared and maintained by Contra Costa County which identifies categories of businesses that commonly use hazardous materials.
F. 
Additional requirements concerning hazardous waste facilities are contained in Article 12 of this chapter.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 1026 § 2, 1991; Ord. 07-1284 § 3 (Exh. F), 2007)
Every business located in the city and required by Health and Safety Code Chapter 6.95 to prepare a hazardous materials release response plan must submit a copy of the plan to the fire district at the same time the plan is submitted to the public agency administering these provisions of the Health and Safety Code. This submittal requirement is a condition of approval of a zoning permit for:
A. 
New development where space may be occupied by such a business; or
B. 
An alteration or addition to an existing building or structure occupied by a business subject to these provisions of the Health and Safety Code.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 1026 § 2, 1991; Ord. 07-1284 § 3 (Exh. F), 2007)
A. 
The underground storage of a hazardous substance must comply with all requirements of Health and Safety Code Chapter 6.7 and Uniform Fire Code Section 79.1113(a). A business located in the city that uses an underground storage tank must:
1. 
Notify the fire chief of any unauthorized release of a hazardous substance from an underground storage tank within eight hours after the release has been detected and the steps taken to control the release; and
2. 
Notify the fire chief of the proposed abandoning, closing or ceasing operation of an underground storage tank and the action to be taken to dispose of a hazardous substance.
B. 
These notification requirements are a condition of approval of a zoning permit for:
1. 
New development that involves installation of an underground tank; or
2. 
An alteration or addition to an existing building or structure on a site where an underground storage tank exists.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 1026 § 2, 1991; Ord. 07-1284 § 3 (Exh. F), 2007)
An aboveground storage tank for flammable liquid is allowed only in a C, I or GQ district and only with the approval of the fire chief.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 1026 § 2, 1991; Ord. 07-1284 § 3 (Exh. F), 2007)
A person may not dispose of any household hazardous waste, such as paint or paint products, waste oil or lubricants, or lead-acid batteries except in a facility authorized to receive household hazardous waste.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 1026 § 2, 1991; Ord. 07-1284 § 3 (Exh. F), 2007)