Los Gatos Municipal Code Div. 1 General Provisions

(a) This article applies to all new and existing facilities where regulated materials subject to this article are present in concentrations which exceed the level of concern as determined in accordance with this article.

(b) It is intended that this article supplement, and be used in conjunction with, other sections of this chapter and Chapters 6 and 9.

(c) In the event of conflicting or overlapping regulatory provisions with a provision elsewhere in the Town Code and this article, the more stringent requirement shall prevail.

(d) In the event of conflicting or overlapping regulatory provisions with a Federal law or State law or regulation, unless the application of this article is expressly preempted pursuant to by an act of Congress or enactment of the State Legislature, the more stringent requirement shall apply.

(Ord. No. 2017, § IV, 8-5-96)

(a) General. Unless the context otherwise requires, the words and phrases in this article shall have the meanings set forth in this section, which shall govern tide construction of this article. For words and phrases not defined in this article, the definitions set forth in Chapter 9 shall control.

(b) Limited applications. For the purpose of this article, certain terms and words are defined as follows:

(1) Controls are a means to regulate materials so as to prevent unauthorized discharges.

(2) Control area means a space within a building where regulated materials may be stored, handled, dispensed or used. A control area is an area formed by one (1) or more of the following:

(i) An occupancy separation with a minimum one-hour fire resistive rating, or

(ii) The exterior wall, roof or foundation of the building.

A maximum of four (4) control areas shall be permitted within a building except buildings or portions of buildings used for retail sales, which shall have a maximum of two (2) control areas.

(3) Equilibrium vapor concentration (EVC) means the state of a regulated material at which vapor pressure has stabilized and is no longer rising or falling. The EVC value of a regulated material is determined by multiplying vapor pressure ("VP") by 10 6 , and dividing by atmospheric pressure, as shown in the following equation. Atmospheric pressure is assumed to be 760 mm Hg at sea level.

Note: Vapor pressure for materials with a boiling point equal to or less than 25°C shall be 760 mm Hg; materials with a boiling point greater than 25°C shall use the actual vapor pressure for that material at 25°C.

(4) Facility means any building, structure, installation, equipment, pipe, container, site, area, appurtenant structure, or surrounding land area where regulated materials are stored, used, dispensed, handled, placed or otherwise have come to be located.

(5) Fire code means the Uniform Fire Code (UFC) as adopted in chapter 9.

(6) Fire chief means the Chief of the Central Fire District of Santa Clara County.

(7) Gas means an aeriform fluid which is in a gaseous state at normal temperature and pressure.

(8) Inert construction materials means materials which under reasonably foreseeable conditions will not degrade or react upon contact with the regulated materials to be contained.

(9) Level of concern (LOC) means the maximum concentration of a substance in air that will not cause serious health effects in the majority of the population when exposed to the substance for a relatively short period of time. For purposes of this article, the LOC is equal to 0.1 of the IDLH value, as defined in article 80 of the fire code, if the particular substance has an established IDLH, or if not, an estimated LOC value based on acute toxicity value of 0.01 LC 50 , 0.1 LCLo, 0.001 LD 50 , or 0.01 LDLo.

(10) Lethal concentration (LC50) means the median lethal concentration level, at which fifty (50) percent of appropriate test animals die when exposed by inhalation for a scientifically appropriate specified time period.

(11) Lethal concentration low (LCLo) means the lowest concentration of a chemical at which some test animals died following inhalation exposure.

(12) Lethal dose median (LD50) means the dose at which fifty (50) percent of test animals die following exposure. The lethal dose is given in milligrams per kilogram of body weight of the test animals.

(13) Lethal dose low (LDLo) means the lowest dose of a chemical at which some test animals died following exposure.

(14) Material hazard index (MHI) means a numeric value used for ranking of chemical substances (materials) in order to determine the level of controls necessary for regulated materials. MHI is determined by dividing the BVC of a material at 25°C by the LOC for the material, as shown in the following equation:

(15) Maximum threshold quantity (Max. T.Q.) means the maximum quantity of a Class II or Class III regulated material which may be stored in a single vessel before a stricter category of regulation is required by this article. Max. T.Q. is determined by the following equation:

(16) Minimum threshold quantity (Min. T.Q.) means the aggregate quantity in a control area which, due to the minimal aggregate quantities present, need only comply with specific control requirements established in subsection 13.30.401(e) of this article, and not with the requirements for Class I, II, or III regulated materials. Min. T.Q. for mixtures shall be based on the aggregate weight (in pounds) of the regulated components.

For D.O.T. Poison A (those materials characterized by the United States Department of Transportation (D.O.T.) as Poison A): Min. T.Q. = 1 lb. or less.

For other regulated materials: Min. T.Q. = 2 lbs. or less.

Minimum threshold quantity controls are set forth in subsection 13.30.401(e) of this article.

(17) Person means an individual, trust, firm, joint stock company, corporation, partnership, association or other business entity, city, county, district, the State, any department or agency thereof, or the United States, to the extent authorized by law.

(18) Regulated materials means all materials, regardless of form (i.e., liquid, solid or gas) which meet the criteria established by subsection 13.30.020(b) below.

(19) Responsible persons or persons responsible means permittees under this article, owners, managers and persons responsible for the day-to-day operation of any facility subject to this article.

(20) Unauthorized discharge means releasing, spilling, leaking, pumping, pouring, emitting, emptying, injecting, escaping, leaching, dumping or disposing a regulated material into the environment, including any sewer, storm drain, ditch, drainage canal, lake, river or tidal waterway, surface water, groundwater, land surface, sidewalk, street or highway, subsurface strata, or ambient air, except:

(i) A "federally permitted release," as that term is defined in section 101 of the comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9602(10), or pursuant to a permit of the Bay Area Air Quality Management District, or waste discharge requirements of the San Francisco Bay Regional Water Quality Control Board or local wastewater pretreatment requirements for publicly owned treatment works; or

(ii) The normal application of materials used in weed abatement, erosion control, soil amendment or similar application when used in accordance with manufacturers' instructions or nationally recognized standards.

(Ord. No. 2017, § IV, 8-5-96)