Morgan Hill Municipal Code Part 1 Purpose and Definitions

This article applies to all new and existing facilities where regulated materials subject to this article are present. In the event of conflicting or overlapping regulatory provisions with other hazardous materials laws, regulations, codes, or ordinances and this article, the most stringent requirement shall be applied. 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 by an act of Congress or enactment of the Legislature, the more stringent requirement shall apply. This article shall not apply to the registration and application of pesticides since this is preempted by an Act of Congress. Handling and storage of pesticide cylinders, however, shall comply with all requirements of this article.

(Ord. 1494 N.S. § 2 (part), 2000)

Unless the context otherwise requires, the words and phrases in this article shall have the meanings set forth in this Article XI and shall govern the construction of this article. For words and phrases not defined in this article, the definitions set forth in Article 2 of the California Fire Code shall apply.

A. "Class I material" is a material that has a median lethal concentration (LC 50 ) in air of 200 parts per million or less by volume of gas or vapor, or 2 milligrams per liter or less of mist, fume or dust, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.

B. "Class II material" is a material that has a median lethal concentration (LC 50 ) in air more than 200 parts per million but not more than 3,000 parts per million by volume of gas or vapor, or more than 2 milligrams per liter but not more than 30 milligrams per liter of mist, fume or dust, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.

C. "Class III material" is a material that has a median lethal concentration (LC 50 ) in air more than 3,000 parts per million but not more than 5,000 parts per million by volume of gas or vapor, or more than 30 milligrams per liter but not more than 50 milligrams per liter of mist, fume or dust, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.

D. "Controls" are means to regulate materials to prevent unauthorized discharges.

E. "Control area" means a space within a building where regulated materials may be stored, handled, dispensed or used. The control area is an area formed by one or more of the following:

1. An occupancy separation with a minimum one-hour fire-resistive rating, or

2. The exterior wall, roof or foundation of the building. A maximum of four 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 control areas; otherwise, the entire building shall be considered an "H" occupancy and shall meet the requirements of this occupancy as set forth in the California Fire Code.

F. "Excess flow control" means a fail-safe system designed to shut off flow due to rupture in pressurized piping systems.

G. "Exterior storage" means a storage area enclosed by no more than two contiguous walls.

H. "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.

I. "Fire code" means the California Fire Code.

J. "IDLH (immediately dangerous to life and health)" means a concentration of airborne contaminants, normally expressed in parts per million (ppm) or milligrams per cubic meter, which represents the maximum level from which one could escape within thirty minutes without any escape-impairing systems or irreversible health effects. This level is established by the National Institute of Occupational Safety and Health (NIOSH). If adequate data do not exist for precise establishment of IDLH data, an independent certified industrial hygienist, industrial toxicologist or appropriate regulatory agency shall make such determination.

K. "Inert construction materials" means materials which, under reasonably foreseeable conditions, will not degrade or react upon contact with the regulated material to be contained.

L. "Lethal concentration" (LC 50 ) means the median lethal concentration level, at which fifty percent of appropriate test animals die when exposed by inhalation for a scientifically appropriate specified time period. For the purposes of this chapter, LC 50 values for a particular regulated material shall be those established by the Department of Transportation (D.O.T.). If D.O.T. has not established an LC 50 value for a particular regulated material, the LC 50 value established by the Compressed Gas Association (CGA) shall be used. If neither D.O.T. nor CGA has established an LC 50 value for a particular regulated material, the fire chief or his designee may use LC 50 values from other available scientific sources.

M. "Lethal concentration low" (LC Lo ) means the lowest concentration of a chemical at which some test animals died following inhalation exposure.

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

O. "Lethal dose low" (LD Lo ) means the lowest dose of a chemical at which some test animals died following exposure.

P. "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:

Max. T.Q. (pounds) = LC 50 (ppm) × 2

For the purpose of calculating the Max. T.Q., storage tank, cylinder and piping systems which can be isolated in a manner approved by the fire chief or his designee may be designated as a separate storage vessel.

Q. "Minimum threshold quantity" (Min. T.Q.) means the aggregate quantity of a single regulated material in a control area which, due to the minimal aggregate quantities present, need only comply with specific control requirements established in Part 8 and Part 2 of this article and not with the specific requirements for Class I, II or III regulated materials. Min. T.Q. for mixtures shall be based on the aggregate weight of the regulated components.

For all regulated materials:

Min. T.Q. = 2 pounds or less.

Minimum threshold quantity controls are set forth in Part 8 of this article.

R. "Permissible exposure limit" (PEL) means the maximum permitted eight-hour time-weighted average concentration of an airborne contaminant. The maximum permitted time-weighted average exposures are set forth in 29 CFR 1910.1000, as it may be amended from time to time.

S. "Person" means an individual, trust, firm, joint stock company, corporation, partnership, association or other business activity, city, county, district, the state, any department or agency thereof, or the United States, to the extent authorized by law.

T. "Portable tank" means any packaging over sixty U.S. gallons capacity and designed primarily to be loaded into or on or temporarily attached to a transport vehicle or ship, and equipped with skids, mounting or accessories to facilitate handling of the tank by mechanical means. It does not include any cylinder having more than one thousand pounds water capacity, cargo tank, tank car tank or trailers carrying cylinders of over one thousand pounds water capacity.

U. "Reduced flow valve" means a valve equipped with a restricted flow orifice and inserted into a compressed gas cylinder, portable tank or stationary tank that is designed to reduce the maximum flow from the valve under full-flow conditions. The maximum flow rate from the valve is determined with the valve allowed to flow to atmosphere with no other piping or fittings attached.

V. "Regulated materials" are all materials, regardless of form (i.e., liquid, solid or gas) which meet the criteria established by Section 8.40.1040.

W. "Responsible persons" means permittees under this article, owners, managers and persons responsible for the day-to-day operation of any facility subject to this article.

X. "Stationary tank" means any packaging designed primarily for stationary installations not intended for loading, unloading, transport or attachment to a transport vehicle as part of its normal operation in the process of use. It does not include cylinders having less than one thousand pounds water capacity.

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

1. A "federally permitted release" as that term is defined in Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Section 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

2. The normal application of materials used in weed abatement, erosion control, soil amendment or similar application when used in accordance with manufacturer's instructions or nationally recognized standards.

(Ord. 1494 N.S. § 2 (part), 2000)