Division 3 — MATERIALS REGULATED

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

(a)

Any material listed or identified as a hazardous waste in Chapter 11 of Title 22 of the California Code of Regulations, as the same may be amended from time to time; or

(b)

Any material which is a "Regulated Substance" as that term is defined in Section 9001(2) of the Federal Act, as the same may be amended from time to time, 42 U.S.C. § 6991(2); or

(c)

Any material which is listed on the list of Environmental Protection Agency (EPA) pollutants, 40 Code of Federal Regulations, Section 401.15, as the same may be amended from time to time; or

(d)

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

(e)

Any material which is listed by the Director of the Department of Industrial Regulations in Title 8, California Code of Regulations 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 any other subsection of this Section. These exclusions shall be as follows:

(1)

Materials recognized in the official United States Pharmacopoeia, official Homeopathic 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) disulfide; Boron oxide; 4- tert-Butyl-2-chlorophenyl-methyl methylphosphoramidate; Camphor; Carbon black; 2-Chloro-6

(trichloromethyl) pyridine; Clopidol; Cotton dust; Dibenzoyl peroxide (Benzoyl peroxide); Dicyclopentadienyl iron; 3, 5-Dinitro-o-toluamide; 2, 6-Di-tert-butyl-pcresol; 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-disphenyl (eutectic mixture), vapor; Phtalic anhydride; m- Phtalodinitrile; Poyltetrasluoreoethylene Decomposition products; Rhodium salts; Ronnel; Rosin core solder; Rotenone, commercial; Silica, Soapstone, Talc; Tantalum oxide; Terphenylis; and 4, 4 1 -Thiobis (6- tert-butyl-m-cresol).

(f)

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 Services, 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 and/or the Department of Health Services; or

(g)

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 purpose of this article.

(Code 1968, § 35.020.005; Ord. No. 1874, §§ I,II, 10-21-91; Ord. No. 1891, § XIV, 3-2-92)

This article does not apply to the following:

(1)

Certain elemental metals. The following elemental metals included within the purview of section 13.20.230 shall not be considered hazardous materials for purposes of this article unless they are stored in a friable, powdered or finely divided state: aluminum, beryllium, cadmium, chromium, copper, lead, manganese, molybdenum, nickel, rhodium, silver, tellurium, tin, and zinc. Furthermore, tantalum, titanium, tungsten, and uranium shall be excluded from regulation under this article.

(2)

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.

(3)

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

(4)

Work station. Hazardous materials located at a work station in a quantity reasonably required for use as determined by the Enforcing Officer under the circumstances.

(5)

Exemption. The Enforcing Officer shall exempt any material from the requirements of this article where it has been demonstrated to the satisfaction of the Enforcing Officer that the material in the quantity and/or solution stored does not present a significant actual or potential hazard to the public health, safety or welfare.

(Code 1968, § 35.020.010)

Notwithstanding section 13.20.235 and in addition to those materials regulated pursuant to section 13.20.230, a permit shall be required for the storage in an underground storage tank, as defined by Health and Safety Code section 25281(r), as amended, of any material defined as a hazardous substance, in accordance with California Health and Safety Code section 25281(d), as amended.

(Code 1968, § 35.020.015)

Secs. 13.20.245—13.20.300. - Reserved.