Berkeley Municipal Code Ch. 15.08 Definitions

Note:

Chapters 11.18 and 11.52 were severed from Title 11, repealed in 2004, and reenacted as Title 15, Chapters 15.04, 15.08 and 15.12.

Chapter 15.12 adopts Chapters 6.5, 6.67, 6.7, 6.75, 6.11 and 6.95 of Division 20 of the California Health and Safety Code, and Division 7, Chapter 10, Article 4 of the California Water Code with specified modifications and also elements of Article 79 and 80 of the Uniform Fire Code.

See also Chapter 11.50 for provisions of the Berkeley Hazardous Waste Importation Regulation Act.

Under Chapter 19.48 of the Berkeley Municipal Code, the Fire Department has permit requirements and other requirements for hazardous materials.

The definitions set forth in this chapter shall apply to the provisions of this title. For purposes of this title and the chapters herein, terms shall have the meaning defined in Chapter 1.04 of the Berkeley Municipal Code. These definitions shall be superseded for purposes of any chapter or section within this title by definitions presented in laws and regulations incorporated by reference in that chapter or section, and by definitions adopted by that chapter or section. (Ord. 6824-NS § 3, 2004)

"Approved," when used in connection with any material, equipment, method, operation or type of construction except building construction, means:

A. Meeting the requirements and approval of the hazardous materials manager based upon the results of investigations or tests conducted by a nationally recognized testing agency; or

B. Based upon accepted principles and standards established by national authorities, technical, health or scientific organizations or agencies. (Ord. 6824-NS § 3, 2004)

"Closure" means closure of a storage unit or facility authorized under this title to handle hazardous materials or wastes, and includes submittal of a closure application and, if necessary, preparation and implementation of a closure plan, designed to meet all of the following objectives:

A. Eliminate the need for further maintenance or monitoring of the closed unit or facility;

B. Ensure that there is no residual threat to public health or safety or the environment from possible release of hazardous materials or wastes from the unit or facility; and

C. Ensure that the removal, disposal, neutralization or reuse of the hazardous materials or wastes that were handled in or released from the unit or facility is accomplished in an appropriate manner. (Ord. 6824-NS § 3, 2004)

"Handle" means to use, generate, process, produce, package, treat, store, emit, discharge, or dispose of a hazardous material or waste in any fashion. (Ord. 6824-NS § 3, 2004)

"Handler" means a business or other person that handles hazardous materials and/or wastes subject to the provisions of this title. (Ord. 6824-NS § 3, 2004)

"Hazardous material or waste" means any of the following:

A. Any material classified as a hazardous material or hazardous substance by any of the laws or regulations incorporated by reference by Section 15.12.020;

B. Any waste classified as a hazardous waste by any of the laws or regulations incorporated by reference by Section 15.12.020;

C. Any hazardous material or waste as defined in Chapter 19.48 of the Berkeley Municipal Code;

D. Any etiologic agent, except vaccines, which includes any viable microorganism, or its toxin, which causes or may cause disease in humans or animals. Etiologic agents include those agents listed in 42 CFR Section 72.3 or the regulations of the Department of Health and Human Services, and any other agent that causes or may cause severe, disabling or fatal disease.

E. Any other material or waste designated as hazardous for purposes of this title by the hazardous materials manager, upon a finding that the material or waste because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the community. (Ord. 6824-NS § 3, 2004)

"Hazardous materials manager" means the manager of the Certified Unified Program Agency (CUPA), or hazardous materials programs of the City or other equivalent position, or their designee. (Ord. 6824-NS § 3, 2004)

"Operate" includes "conduct" and "maintain" and any of its variants. (Ord. 6824-NS § 3, 2004)

"Place" includes premises, land, place, building, structure, wharf, pier or dock. (Ord. 6824-NS § 3, 2004)

"Structure" is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on the ground or attachment to something having location on the ground, as defined in Chapter 19.28 of the Berkeley Municipal Code. (Ord. 6824-NS § 3, 2004)