Morgan Hill Municipal Code Art. IV Materials Regulated

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

A. Any material listed as a hazardous and/or extremely hazardous waste in Sections 66680 and 66685 of Title 22 of the California Code of Regulations, 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 a Class IIIB combustible liquid which is petroleum based, including crude oil or any fraction thereof; or

D. Any material which is listed by the director of the department of industrial relations in Title 8, California Code of Regulations, Section 339, as amended, exclusions specified in this subsection. The 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 Homeopathic 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; bis (dimethyl-thiocarbamoyl) disulfide; 4-tert-butyl-2-chloro-phenyl-methylphosphoramidate; camphor; carbon black; 2-chloro-6 (trichloromethyl) pyridine; clopidol; coal tar pitch volatiles; cotton dust; dicyclopentadienyl iron; 3,5-dinitro-o-toluamide; 2,6-di-tert-butyl-p-cresol; glass, fibrous or dust; graphite, iron oxide; iron salts; mica; mineral wool fiber; oil mist; polytetrafluoro-ethylene decomposition products; rosin core solder; silica, soapstone, talc, tantalum oxide; and 4,4'-thiobis (6-tert-buty-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 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

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;

G. Any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. Hazardous materials include, but are not limited to, hazardous substances, hazardous waste, and any material which a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment;

H. Any substance or material which is listed in subdivision (b) of Section 6382 of the Labor Code, as amended;

I. Any material that the manufacturer or producer is required to prepare a material safety data sheet for the substance or product pursuant to the Hazardous Substances Information and Training Act (Chapter 2.5 commencing with Section 6360 of Part I of Division 5 of the Labor Code, as amended) or pursuant to any applicable federal law or regulation. Examples include but are not limited to:

1. The Director's List of Hazardous Substances (Title 8 of California Code of Regulations, commencing with Section 339, as amended),

2. Title 29 of the Code of Federal Regulations, Part 1910, Subpart Z, Toxic and Hazardous Substances Occupational Safety and Health Administration, as amended,

3. Threshold limit values for Chemical Substances in the Work Environment, by the American Conference of Governmental Industrial Hygienists, as amended,

4. Third Annual Report on Carcinogens, 1983 by the National Toxicology Program,

5. Monographs, Volumes 1—34 by the International Agency for Research on Cancer;

J. Any substance or material that is a hazardous waste as defined in Sections 25115, 25117 and 25316 of the Health and Safety Code, as amended;

K. Any substance listed as a radioactive material in Appendix B of Chapter 1 of Title 10 of the Code of Federal Regulations, maintained and updated by the Nuclear Regulatory Commission;

L. Any hazardous material or substance listed in Parts 172 and 173 of Title 49 of the Code of Federal Regulations, as amended;

M. Any material with a pH of less than 2 or more than 12.5;

N. If it is questionable whether or not a substance is hazardous, it is recommended that the criteria for Identification of Hazardous and Extremely Hazardous Wastes, outlined in Title 22 (commencing with Section 66693) of the California Code of Regulations, as amended, be used to determine if a substance or material is hazardous.

(Ord. 1082 N.S. § 7, 1992; Ord. 947 N.S. § 2, 1989: Ord. 786 N.S. § 1, 1986; Ord. 636 N.S. (part), 1983)

This chapter does not apply to the following:

A. Certain Elemental Metals. The following elemental metals included within the purview of Section 8.40.460 of this article shall not be considered hazardous materials for the purposes of this chapter 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 chapter;

B. Retail Products. Hazardous materials when contained solely in a consumer product with a container capacity not to exceed 1.1 gallons on display for direct consumer purchase and use by the general public is exempt from the business plan requirements of this chapter unless the city has found, and has provided notice to the business handling the product, that the handling of certain quantities of the product requires the submission of a business plan, or any portion thereof, in response to public health, safety or environmental concerns;

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 that is used up in eight consecutive hours or one work shift, whichever is less, and where no hazardous waste is produced;

E. Exemption. The city shall exempt any material from the requirements of this chapter where it has been demonstrated to the satisfaction of city 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.

(Ord. 947 N.S. § 3, 1989: Ord. 786 N.S. § 2, 1986; Ord. 636 N.S. (part), 1983)

A. Notwithstanding Sections 8.40.460 and 8.40.470 of this article and in addition to those materials regulated pursuant to Section 8.40.460 of this article, a permit shall be required for the storage in an underground storage tank as defined by California Health and Safety Code Section 25281(r), as amended, or any materials defined as a hazardous substance, in accordance with California Health and Safety Code Section 25281(d), as amended.

B. This chapter shall be interpreted and enforced to require conformance with all applicable state and/or federal laws or regulations, as amended, regarding underground tanks, piping and all related facilities and any and all associated environmental impacts of such tanks, piping and related facilities. Should any section or provision of this chapter conflict or differ with applicable state and/or federal law, the more restrictive individual stipulation shall apply.

(Ord. 1005 N.S. § 1, 1990: Ord. 708 N.S. § 1, 1984: Ord. 655 N.S. (part), 1983: Ord. 636 N.S. (part), 1983)