Mountain View Municipal Code Art. II Materials Regulated

The materials regulated by this Chapter shall consist of any materials that, because of their quantity, concentration or physical or chemical characteristics, pose a significant present or potential physical or health hazard to human health and safety, property or the environment if released into the workplace or the environment. These shall include, but not be limited to:

a. Any material regulated under Section 25501 or Section 25532 of Chapter 6.95 of the California Health and Safety Code.

b. Any material regulated under Section 25281 of Chapter 6.7 of the California Health and Safety Code.

c. Any material regulated by the California Fire Code.

d. Any material regulated under Division 20, Chapter 6.5, of the California Health and Safety Code.

e. Any material regulated under Chapter 6.67, Section 25270.5(c), of the California Health and Safety Code.

f. Any material which a handler or the city has a reasonable basis for believing would be injurious to the health, safety and welfare of persons or property or harmful to the environment if released into the workplace or the environment.

(Ord. No. 8.2025, § 1, 9/9/25.)

This Chapter excludes the following materials from hazardous materials permit fees. These materials may be required to be reported or included in a hazardous materials business plan (HMBP) when the fire chief, or their designee, so determines and where such action would be appropriate and consistent with achieving the general obligations of protecting public health, safety and welfare. In addition, the following materials shall comply with all applicable requirements in Article III (Storage, Handling and Dispensing Standards) of this Chapter.

a. Cryogenic, refrigerated or compressed gas. Cryogenic, refrigerated or compressed gas in quantities of less than one thousand (1,000) cubic feet at standard temperature and pressure, if the gas is any of the following:

1. Oxygen, nitrogen and nitrous oxide ordinarily maintained by a physician, dentist, podiatrist, veterinarian, pharmacist or emergency medical service provider at their place of business.

2. Carbon dioxide used in the direct dispensing of food or beverages at restaurants, delicatessens, pubs or other public eating or drinking establishments.

3. Nonflammable refrigerant gases, as defined in the California Fire Code, that are used in refrigeration systems.

4. Gases used in closed fire suppression systems.

b. Stationary storage battery systems. Batteries used for facility standby power, emergency power or uninterrupted power supplies in which the liquid electrolyte in the cells is immobilized (i.e., AGM-absorptive glass mat, gel cell) and contain less than fifty-five (55) gallons (aggregate) quantity, or not more than five hundred (500) pounds (aggregate) quantity for lithium-ion and lithium metal polymer.

c. Fire department and emergency response organizations. Compressed air in cylinders, bottles and tanks used for the purpose of emergency response and safety.

d. Refrigerant gases. Refrigerant gases other than ammonia or flammable gas in a closed cooling system, that are used for comfort or space cooling for computer rooms.

e. Minimum quantities. Hazardous materials whose aggregate quantity in a hazard class does not exceed the limits specified in Table 24.04.10.e. below. Note, minimum quantity exclusions do not apply to hazardous substances stored in underground storage tanks.

Table 24.04.10.e. Minimum Hazardous Material Quantities

f. Exemption. The city shall exempt any material from the requirements of this Chapter where it has been demonstrated to the satisfaction of the 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. No. 8.2025, § 1, 9/9/25.)

This Chapter hereby adopts by reference:

a. Chapter 16 of Division 3 of Title 23 of the California Code of Regulations, "Underground Storage Tank Regulations,"

b. Sections 25280 through 25299.8 of Chapter 6.7 of Division 20 of the California Health and Safety Code, "Underground Storage of Hazardous Substances," and

c. applicable federal law and all other laws, regulations and guidelines adopted thereto regulating the storage of hazardous substances in underground storage tanks.

The city may adopt and enforce any regulation, requirement or standard of performance that is more stringent than a regulation, requirement or standard of performance in effect under Chapter 16 of Division 3 of Title 23 of the California Code of Regulations, Chapter 6.7 of Division 20 of the Health and Safety Code or applicable federal law, if the regulation, requirement or standard of performance is consistent with these laws and with the general obligation of protecting health, safety and welfare of persons, resources or property.

In no case shall any regulation, requirement or standard of performance for hazardous substances stored in underground storage tanks be less restrictive than the state and federal laws and regulations cited above. In cases where requirements in this Chapter conflict with the state and federal requirements for hazardous substances stored in underground storage tanks cited above, the more restrictive shall apply.

This Chapter shall not be construed to preclude or deny the right of the city to regulate underground storage tanks which are not subject to state or federal laws or regulations.

(Ord. No. 8.2025, § 1, 9/9/25.)

This Chapter hereby adopts by reference:

a. Division 4.5 of Title 22 of the California Code of Regulations (Department of Toxic Substances Control),

b. California Health and Safety Code Division 20, Chapter 6.5, and

c. Applicable federal law and all other laws, regulations and guidelines adopted thereto regulating hazardous waste treatment.

The city may adopt and enforce any regulation, requirement or standard of performance that is more stringent than a regulation, requirement or standard of performance in effect under the state and federal laws and regulations cited in this Section if the regulation, requirement or standard of performance is consistent with these laws and with the general obligation of protecting health, safety and welfare of persons, resources or property.

In no case shall any regulation, requirement or standard of performance for hazardous waste treatment be less restrictive than the state and federal laws and regulations cited above. In cases where requirements in this Chapter conflict with the state or federal requirements for hazardous waste treatment cited above, the more restrictive shall apply.

(Ord. No. 8.2025, § 1, 9/9/25.)