Santa Clara County Municipal Code Art. 10 Miscellaneous

(a) The degree of protection required by this chapter is considered reasonable for regulatory purposes. The standards set forth herein are minimal standards, and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of hazardous material. This chapter does not create liability on the part of the County, any officer or employee thereof, for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. All persons handling, storing, using, processing and disposing of hazardous materials within the County should be and are advised to determine to their own satisfaction the level of protection in addition to that required by this chapter necessary or desirable to ensure that there is no unauthorized discharge of hazardous materials.

(b) This chapter is not intended to create any different standard or obligation for the storage of carcinogens than is imposed for the storage of other hazardous materials. Hazardous materials are identified as carcinogens herein for public record purposes only, and the identification of a material as a carcinogen will not require a different or stricter application of the provisions of this chapter nor notice to any person under any circumstances other than those expressly specified in this chapter; nor will such identification create any other duty or obligation upon the County different from or additional to those duties or obligations applicable to the storage of other hazardous materials.

(Ord. No. NS-517.72, § 2, 4-15-03)

Notwithstanding any other provision of this chapter:

(a) A storage facility regulated by any state or federal agency will be exempted from any conflicting provision of this chapter.

(b) If the storage facility is required to have a permit from the California Department of Public Health under Health and Safety Code § 25100 et seq., it will be exempted from any provision of this chapter which is covered by the regulations adopted under the above-cited statute.

(c) Whenever any provision of this chapter conflicts with the Uniform Fire Code as adopted by the County, the stricter will prevail.

(d) Whenever any provision of this chapter conflicts with any provision set forth in the California Health and Safety Code or any regulation adopted pursuant thereto, the stricter will prevail.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-300.1002, § 47, 10-21-25)