San Bernardino County Municipal Code Art. 3 Hazardous Material Release Response Plans and Inventories CUPA Program Element

Health and Safety Code §§ 25404(c)(4) and §§ 25500 et seq. are enforced by the CUPA. In addition, the following definitions and requirements of this Article shall apply to such enforcement and to enforcement of the provisions of this Article.

(Ord. 3846, passed - -2002)

BUSINESS. An employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, or association, and also includes a business organized for profit and a nonprofit business.

BUSINESS PLAN. A separate plan for each facility, site or branch of a business that meets the requirements of Health and Safety Code § 25504.

HANDLE. To use, generate, process, produce, package, treat, store, emit, discharge or dispose of a hazardous material in any fashion.

HANDLER. Any business that handles a hazardous material.

HAZARDOUS MATERIAL. 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 that a handler or the CUPA has a reasonable basis for believing would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.

RELEASE. Any spilling, overfilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment.

(Ord. 3846, passed - -2002)

(a) A business plan is required of any person, business or entity that handles a hazardous material or a mixture containing a hazardous material, except as specifically exempted in Health and Safety Code § 25503.5, if the handler handles:

(1) A total quantity, whether in one container or multiple containers, of any single material at one time during the reporting year that is equal to or greater than a total weight of 500 pounds, a total volume of 55 gallons or 200 cubic feet at standard temperature and pressure for compressed gases; or

(2) A radioactive material in quantities for which an emergency plan is required to be adopted pursuant to Title 10 of the Code of Federal Regulations; or

(3) A Category 1 or Category 2 pesticide in any amount; or

(4) A DOT Class 1 explosive in any amount, or

(5) An extremely hazardous substance listed in Code of Federal Regulations Appendix A of Part 355 of Title 40 in quantities at or exceeding the threshold planning quantity; or

(6) Material which requires a business plan according to Health and Safety Code §§ 25500 et seq.

(b) Except as provided in Health and Safety § 25507(b) relating to transportation of hazardous materials on a highway, the handler or any employee, authorized representative, agent or designee of a handler shall upon discovery immediately report any release or threatened release of a hazardous material to the CUPA and to the Office of Emergency Services in accordance with the regulations adopted pursuant to Health and Safety Code § 25503. Each handler and any employee, authorized representative, agent or designee of a handler shall provide all State, city or county fire or public health or safety personnel and emergency rescue personnel with access to the handler’s facilities pursuant to Health and Safety Code § 25507.

(c) The CUPA, pursuant to subdivision (c)(2) of Section 25503.5 of the Health and Safety Code, has found the following hazardous materials, under stated circumstances, would not pose a present or potential danger to the environment or to human health and safety if released into the environment. Therefore, the following hazardous materials stored in the following manner are exempt from provisions of Article 3 of Chapter 7 of Division 3 of Title 2 of the San Bernardino County Code:

(1) Carbon dioxide gas used for carbonation of beverages and stored in quantities of not more than six thousand (6,000) cubic feet at standard temperature and pressure.

(2) Helium gas used for inflation of balloons and stored in quantities of not more than six thousand (6,000) cubic feet at standard temperature and pressure.

(Ord. 3846, passed --2002; Am. Ord. 4154, passed - -2011)

§§ 23.0733—39 (Reserved).