Fremont Municipal Code Art. II Materials Regulated

The materials regulated by this chapter shall consist of the following:

(a) All hazardous and extremely hazardous materials as defined in Section 8.35.040(30) and Cal. Health & Safety Code § 25281.

(b) Any material which has been determined by the city to be hazardous, based upon any appraisal or assessment by or on behalf of the party handling this material or the manufacturer of the product, in compliance with the requirements of EPA or the California Department of Health Services.

(c) Any material which is rendered hazardous by its physical characteristics, such as compressed gases, or by its presence in the environment where it would not naturally occur in its existing concentration or state.

(d) Notwithstanding Section 8.35.090 and in addition to those materials regulated pursuant to subsections (a) through (c) of this section, a permit shall be required for the storage in an underground storage tank, as defined by Cal. Health & Safety Code § 25281(u), of any material defined as a hazardous substance, in accordance with Cal. Health & Safety Code § 25316. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12200.)

This chapter does not apply to the following materials:

(a) Retail products. Hazardous materials contained solely in consumer products packaged for direct distribution to, and use by, the general public or commercial products used for janitorial or minor maintenance purposes such as paint thinner or wax strippers.

(b) Work station. Hazardous materials located at a work station in a quantity reasonably required for either (1) use during a single work shift as determined by the city or (2) as for which a maximum contaminant level has been established. This section is not to be construed as exempting any site from compliance with applicable health, safety, and fire regulations as determined by the city.

(c) Exemption. The city shall exempt any material from the requirements of this chapter where it has been demonstrated to the satisfaction of the city that the material in the quantity and/or solution handled does not present a significant, actual or potential hazard to the public health, safety or environment.

(d) Liquefied petroleum gas. When used solely for on-site residential space heating, ovens or furnaces in lieu of natural gas or nonresidential uses where the total quantity of LPG does not exceed 20 gallons per container.

(e) Finished products that are acceptable for surface transportation and do not require labeling and/or placarding per 49 CFR 172.101.

(f) Small quantities of hazardous materials that are not identified as acutely hazardous and/or extremely hazardous by either the state of California or the EPA, nor are identified as materials of special concern by the city, nor are identified as a poison Class A by the U.S. Department of Transportation, nor exceed, in aggregate quantity, 55 gallons of liquid, 500 pounds of solid, or 200 cubic feet of compressed gas (measured at STP).

(g) Any waste material excepted by the California Department of Health Services.

(h) Any storm water, process water or groundwater permitted by the California Regional Water Quality Control Board for discharge to state water. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12201.)

Where specific requirements are not otherwise established, handling, storage, transportation or use of hazardous materials shall be in accordance with nationally recognized standards of good practices. This may require that the permittee retain a suitably qualified independent engineer, or chemist, or other appropriate professional, acceptable to the city, for the purpose of evaluating and rendering a professional opinion respecting the adequacy of such practice to achieve the purpose of this chapter. The city 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. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12202.)

Satisfactory provisions shall be made for appropriate containment, neutralization and removal of spills or leakage of hazardous materials which may occur during storage, handling, transportation or use. This shall include necessary safety equipment for personnel. The city shall determine what provisions are “satisfactory” and what safety equipment is “necessary.” An inventory of the above items shall be provided to the city. Equipment shall be regularly tested and adequately maintained. For additional requirements, see Section 8.35.010(c) and (d). (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12203.)

Certification and training programs may require approval by the city at the discretion of the city manager. At a minimum they must comply with 29 CFR 1910.1200, the OSHA Communication Standard, and related regulations of CAL-OSHA. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12204.)