San Jose Municipal Code Part 1 General Provisions

The purpose of this chapter is the protection of health, life, resources, and property through prevention and control of unauthorized discharges of hazardous materials.

(Ord. 21334.)

A. No person, firm or corporation shall cause, suffer, or permit the storage of hazardous materials:

1. In a manner which violates a provision of this chapter or any other local, federal or state statute, code, rule, or regulation relating to hazardous materials; or

2. In a manner which causes an unauthorized discharge of hazardous materials or poses a significant risk of such unauthorized discharge.

B. City shall have discretion to exempt an applicant from any specific requirements of this chapter, other than the requirement for secondary containment in underground storage facilities, except as provided in Section 17.68.160C4, or to require applicant to meet additional or modified requirements, where such action would be appropriate and consistent with achieving the general obligation of this chapter for protecting public health, safety, and welfare.

(Ords. 21334, 21508.)

A. Any person, firm or corporation which stores any material regulated by Section 17.68.100 which is not excluded by Section 17.68.110 shall obtain and keep current a hazardous materials storage permit or permits as required by this chapter

B. All such hazardous materials shall be contained in conformity with Part 3 of this chapter

C. The storage of such hazardous materials shall be in conformance with the approved hazardous materials management plan.

D. The city shall apply for, and the officer shall consider and issue where appropriate, a permit, in conformity with this chapter, for the storage of hazardous materials by the city in an underground storage tank, as those terms are defined in Chapter 6.7 of Division 20 of the California Health and Safety Code, wherever the city's storage facility may be situate. Any other city, county, district or department or agency of the state which stores any hazardous substance in an underground storage tank, as those terms are defined in Chapter 6.7, in this city without a permit meeting the requirements of said Chapter 6.7 issued by such other local agency shall obtain and keep current a permit from the city which conforms at a minimum to Sections 25284 and 25284.1 of the Health and Safety Code.

(Ords. 21334, 21508, 22555.)

Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meanings set forth below:

A. "Abandoned," when referring to a storage facility, means out of service and not safeguarded in compliance with this chapter.

B. "Facility" means a building or buildings, appurtenant structures, and surrounding land area used by a single business entity at a single location or site.

C. "Hazard class" means explosives A, explosives B, explosives C, blasting agents, flammable liquids, combustible liquids, flammable solids, oxidizers, organic peroxides, nonflammable gases, poisons A, poisons B, irritating materials, etiologic agents, radioactive materials, other regulated materials (ORM) A, B, C, D and E. For purposes of this chapter, the U.S. Department of Transportation (DOT) definitions in 49 CFR Part 173, as amended, shall be utilized; however, whenever the definitions in 49 CFR 173 refer to transportation or hazards associated with transportation, they shall be deemed to refer to storage or other regulated activity under this chapter.

D. "Hazardous material" means any material which is subject to regulation pursuant to Part II of this chapter. A mixture shall be deemed to be a hazardous material if it either is a waste and contains any material regulated pursuant to Part II of this chapter, or is a nonwaste and contains one percent by volume or more of any material regulated pursuant to Part II of this chapter.

E. "Officer" means the employee assigned by the city to administer this chapter or any designee of such employee.

F. "Permit" means any hazardous materials storage permit issued pursuant to this chapter as well as any additional approvals thereto.

G. "Permit quantity limit" means the maximum amount of hazardous material that can be stored in a storage facility. Separate permit quantity limits will be set for each storage facility for which a permit is obtained in accordance with the requirements of this chapter.

H. "Permittee" means any person, firm, or corporation to whom a permit is issued pursuant to this chapter and any authorized representative, agent or designee of such person, firm, or corporation.

I. "Pipes" means pipeline systems which are used in connection with the storage of hazardous materials exclusively within the confines of a facility and which are not intended to transport hazardous materials in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel.

J. "Primary containment" means the first level of containment, i.e., the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained.

K. "Product-tight" means impervious to the hazardous material which is contained, or is to be contained, so as to prevent the seepage of the hazardous material from the primary containment. To be product-tight, the container shall be made of a material that is not subject to physical or chemical deterioration by the hazardous material being contained.

L. "Secondary containment" means the level of containment external to and separate from the primary containment.

M. "Single-walled" means construction with walls made of but one thickness of material. Laminated, coated, or clad materials shall be considered as single-walled.

N. "Storage system" means any one or combination of tanks, sumps, wet floors, waste-treatment facilities, pipes, vaults or other portable or fixed containers, used, or designed to be used, for the storage of hazardous materials at a facility.

O. "Sump" means a pit or well in which liquids collect.

P. "Unauthorized discharge" means any release or threatened release or emission of materials in a manner which does not conform to the provisions of this code or applicable public health and safety regulations

Q. "Wet floor" means a floor which is used to routinely collect, contain or maintain standing liquids or to transmit standing liquids on a more or less continuous basis.

R. "Storage facility" means any building, structure, installation, or area consisting of one or more storage systems.

(Ords. 21334, 22555, 30836.)

Whenever the approval or satisfaction of city may be required in this chapter for a design, monitoring, testing other technical submittal by and applicant or permittee, city may, in its discretion, require such applicant or permittee, at such applicant's or permittee's sole cost and expense, to retain a suitably qualified independent engineer, or chemist, or other appropriate professional consultant, acceptable to city, for the purpose of evaluating and rendering a professional opinion respecting the adequacy of such submittal to achieve the purposes of this chapter. City shall be entitled to rely on such evaluation and/or opinion of such engineer, chemist or professional consultant in making the relevant determinations provided for in this chapter.

(Ord. 21334.)