Hayward Municipal Code Part I General Provisions

The purpose of this Article is the protection of health, life, resources, and property through prevention and control of unauthorized releases of hazardous materials.

(a) No person, firm, or corporation shall cause, suffer, or permit the storage or handling of hazardous materials:

(1) In a manner which violates a provision of this Article 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 release of hazardous materials or poses a significant risk of such unauthorized release.

(b) City shall have discretion to exempt an applicant from any specific requirement of this Article, other than the requirement for secondary containment in underground storage facilities, except as provided in Section 3-8.10(c)(2) 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 Article for protecting public health, safety, and welfare.

(a) Any person, firm, or corporation which stores any material regulated by Section 3-8.06 which is not excluded by Section 3-8.07 shall obtain and keep current a Hazardous Materials Storage Permit.

(b) All such hazardous materials shall be contained in conformity with the standards of Part III of this Article.

(c) The storage and handling of such hazardous materials shall be in conformance with the approved Hazardous Materials Management Plan (HMMP).

(d) The City shall apply for, and the Fire Chief shall consider and issue where appropriate, a permit for the storage of hazardous materials by the City 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 Chapter 6.7 of Division 20 of the Health and Safety Code issued by such other agency, shall obtain and keep current a permit from City which conforms at a minimum to Sections 25284 and 25284.1 of the Health and Safety Code.

Unless otherwise expressly stated, whenever used in this Article, 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 Article.

(b) Carcinogen means a substance listed as a human or animal carcinogen by the International Agency for Research on cancer and included on the List of Hazardous Substances developed by the Director of the State of California Department of Industrial Safety.

(c) CAS number means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.

(d) Chemical name means the scientific designation of a substance in accordance with the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service.

(e) Common name means any designation or identification such as code name, code number, trade name, or brand name used to identify a substance other than by its chemical name.

(f) Facility means a building or buildings, appurtenant structures, and surrounding land area used by a single business entity at a single location or site.

(g) Handling means the on-site management or use of a material in connection with its storage including all activities that take place within a storage facility and the placing of a material into or taking it out of a storage facility.

(h) 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 Article, 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 of hazards associated with transportation, they shall be deemed to refer to storage or other regulated activity under this Article.

(i) Hazardous material means any material which is subject to regulation pursuant to Part II of this Article. A mixture shall be deemed to be a hazardous material if it either is a waste and contains any material regulated pursuant to Part II of this Article or is a nonwaste and contains one percent (1%) by volume or more of any material regulated pursuant to Part II of this Article.

(j) MSDS means a Material Safety Data Sheet prepared pursuant to Section 6390 of the California Labor Code. For any hazardous substance for which a Material Safety Data Sheet is not required to be prepared pursuant to Section 6390 of the California Labor Code, a Material Safety Data Sheet which contains the information specified in Section 6391 of the California Labor Code shall satisfy the definition of an MSDS under this Article.

(k) Officer or Fire Chief means the Fire Chief or any designee of the Fire Chief.

(l) Permit means any Hazardous Materials Storage Permit issued pursuant to this Article as well as any additional approvals thereto.

(m) 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 Article.

(n) Permittee means any person, firm, or corporation to whom a permit is issued pursuant to this Article, and any authorized representative, agent or designee of such person, firm or corporation. Permittee also means any city, county, district, and State, or any department or agency thereof.

(o) 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.

(p) 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.

(q) 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.

(r) Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment.

(s) Secondary containment means the level of containment external to and separate from the primary containment.

(t) SIC code means the identification number assigned by the Standard Industrial Classification Code to specific types of businesses.

(u) Single-walled means construction with walls made of but one (1) thickness of material. Laminated, coated, or clad materials shall be considered as singlewalled.

(v) Storage facility means any one (1) 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.

(w) Sump means a pit or well in which liquids collect.

(x) Unauthorized release means any release of any hazardous material which does not conform to the provisions of this Article, 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 pre-treatment requirements for publicly owned treatment works.

(y) 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.

Whenever the approval or satisfaction of City may be required in this Article for a design, monitoring, testing, or other technical submittal by an applicant or permittee, the Fire Chief may, in his 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 Fire Chief for the purpose of evaluating and rendering a professional opinion respecting the adequacy of such submittal to achieve the purposes of this Article.