Hayward Municipal Code Part II Materials Regulated

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

(a) Any material listed as a hazardous and/or extremely hazardous material or hazardous and/or extremely hazardous waste in Section 66680 and 66685 of Title 22 of the California Administrative Code, as amended, whether such material is stored or handled in waste or nonwaste form; or

(b) Any material which is listed on the list of Environmental Protection Agency (EPA) pollutants, 40 Code of Federal Regulations, Section 401.15, as amended; or

(c) Any material which is classified by the National Fire Protection Association (NFPA) as either a flammable liquid, a Class II combustible liquid or a Class IIIA combustible liquid; or

(d) Any material which is listed by the Director of the Department of Industrial Relations in Title 8, California Administrative Code Section 339, as amended, excluding all footnotes thereto and subject to the exclusions specified in this subsection. Such exclusions shall apply only to materials which are not otherwise regulated pursuant to this section. These exclusions shall be as follows:

(1) Materials recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them if such materials are intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; hormones; enzymes; and aflatoxins.

(2) Aluminum salts; asphalt fumes; atrazine; benomyl; bis (dimethylthiocarbamoyl) disulfied; boro-oxide; 4-tert-butyl-2-chlorophenyl-methylmethylphosphoramidate; champhor; carbon black; 2-chloro-6 (trichloromethyl) pyridine; clopidol; coal tar pitch volatiles; cotton dust; dibenzoyl peroxide (benzoyl peroxide); dicyclopen- tadienyl iron; 3,5-dinitro-o-toluamide; 2,6-di-tert-butyl-p-cresol; ferbam; fumaric acid; glass, fibrous or dust; graphite; helium; iron oxide; iron salts; magnesium oxide; mica; mineral wool fiber; oil mist; phenothiazine; phenyl ether; phenyl ether-diphenyl (eutectic mixture), vapor; phthalic anhydride; m-phthalodinitrile; polytetrafluoreoethylene decomposition products; rhodium salts; ronnel; rosin core solder; rotenone, commercial; silica; soapstone, talc; tantalum oxide; terphenyls; 4-4'-thiobis(6-tert-butyl-m-cresol).

(e) Any material which has been determined to be hazardous based upon any appraisal or assessment by or on behalf of the party storing this material in compliance with the requirements of the EPA or the California Department of Health Service, or which should have been, but was not, determined to be hazardous due to the deliberate failure of the party storing the material to comply with the requirements of the EPA or the Department of Health Services; or

(f) Any material which has been determined by the party storing it, through testing or other objective means, to be likely to create a significant potential or actual hazard to public health, safety, or welfare. This subsection shall not establish a requirement to test for the purposes of this Article.

(g) Any material which has been determined by the Fire Chief, through information based on appraisal and assessment from reliable resources, to be likely to create a significant potential or actual hazard to public health, safety, or welfare.

This title does not apply to the following:

(a) Certain Elemental Metals. The following elemental metals included within the purview of Section 3-8.06 shall not be considered hazardous materials for purposes of this Article unless they are stored in a friable, powdered or finely divided state: beryllium, cadmium, chromium, cooper, lead, nickel, and silver.

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

(c) Feed. Hazardous materials when contained in a substance intended for use as animal feed.

(d) Work Station. Hazardous materials located at a work station in a quantity reasonably required for use as determined by City under the circumstances.

(e) Exemption. The City shall exempt any material from the requirements of this Article where it has been demonstrated to the satisfaction of City that the material in the quantity or solution stored does not present a significant actual or potential hazard to the public health, safety, or welfare.

Notwithstanding Section 3-8.07 above, and in addition to those materials regulated pursuant to Section 3-8.06 above, the provisions of this Article shall apply to any material defined as a hazardous substance in Health and Safety Code Section 25280(c) if the material is stored in an underground storage tank as defined by Section 25280(m) of that Code.