Santa Clara County Municipal Code Art. 1 General Provisions

(a) This chapter governs the storage, dispensing, use and handling of regulated materials.

(b) The provisions of this chapter apply to all regulated materials, including Class I, Class II, Class III and minimum threshold quantities of regulated materials.

(c) This chapter applies to all new and existing facilities where regulated materials subject to this chapter are present.

(d) It is intended that this chapter supplement and be used in conjunction with the currently adopted revisions of the fire code and the Uniform Building Code.

(e) In the event of conflicting or overlapping regulatory provisions within the County Ordinance Code, the fire code and this chapter, the most stringent requirement will be applied.

(f) In the event of conflicting or overlapping regulatory provisions with a federal law or state law or regulation, unless the application of this chapter is expressly preempted by an act of Congress or enactment of the Legislature, the more stringent requirement will apply.

(g) This chapter does not apply to the registration and application of pesticides which is preempted by an act of Congress. Handling and storage of pesticide cylinders, however, must comply with all requirements of this chapter.

(Ord. No. NS-517.72, § 2, 4-15-03)

No person may cause, suffer or permit the storage, handling, use or dispensing of materials regulated by this chapter:

(a) In a manner which is contrary to a provision of this chapter or any other federal or state or local statute, code, ordinance, rule, regulation or standard of performance relating to materials subject to this chapter; or

(b) In a manner which causes an unauthorized discharge or which imposes a significant risk of such unauthorized discharge.

(Ord. No. NS-517.72, § 2, 4-15-03)

For words and phrases not defined in this chapter, the definitions set forth in the most recently adopted version of the fire code will control. In addition to the definitions in Chapter I, the following are defined for purposes of this chapter:

(a) Class I material means 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 two 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 means a material that has a 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 two 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 means a material that has a 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 means a way to regulate materials to prevent unauthorized discharges.

(e) Control area means a building or portion of a building within which the exempted amounts of hazardous materials are allowed to be stored, dispensed, used or handled.

(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 Uniform Fire Code as most recently adopted or modified by the County.

(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 30 minutes without any escape-impairing symptoms or irreversible health effects. This level is established by the National Institute of Occupational Safety and Health (NIOSH). If adequate data does not exist for precise establishment of IDLH data, an independent certified industrial hygienist, industrial toxicologist or appropriate regulatory agency will 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 (LC50) means the median lethal concentration level at which 50 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 will be those established by the Department of Transportation (DOT). If DOT has not established an LC 50 value for a particular regulated material, the LC 50 value established by the Compressed Gas Association (CGA) will be used. If neither DOT nor CGA has established an LC 50 value for a particular regulated material, the Department may use LC 50 values from other available scientific sources.

(m) Maximum threshold quantity (Max. TQ) 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 chapter. Max. TQ is determined by the following equation:

Max. TQ (pounds) = LC 50 (ppm) × 2

For the purpose of calculating the Max. TQ, storage tank, cylinder and piping systems which can be isolated in a manner approved by the Director may be designated as a separate storage vessel.

(n) Minimum threshold quantity (Min. TQ) means the aggregate quantity of regulated materials in a control area which, due to the minimal aggregate quantities present, need only comply with specific control requirements established in Section B11-384 and not with the specific requirements for Class I, II or III regulated materials. Min. TQ for mixtures will be based on the aggregate weight of the regulated components.

For other all regulated materials: Min. TQ = two pounds or less.

Minimum threshold quantity controls are set forth in Section B11-384.

(o) 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 to be utilized are those published in 29 CFR Section 1910.1000.

(p) Portable tank means any packaging over 60 U.S. gallons (227.1 L) 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 less than a 1,000 pound (453.5 kg) water capacity.

(q) 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.

(r) Responsible persons means permittees under this chapter, owners, managers and persons responsible for the day-to-day operation of any facility subject to this chapter.

(s) Stationary tank means a packaging designed primarily for stationary installations not intended for loading, unloading 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 1,000 pound (453.5 kg) water capacity.

(t) Toxic material means a material which produces a lethal dose or a lethal concentration within any of the following categories:

(1) A chemical or substance that has a median lethal dose (LD 50 ) of more than 50 milligrams per kilogram but not more than 500 milligrams per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each.

(2) A chemical or substance that has a median lethal dose (LD 50 ) of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours, or less if death occurs within 24 hours, with the bare skin of albino rabbits weighing between two and three kilograms each.

(3) A chemical or substance that has a median lethal concentration (LC 50 ) in air more than 200 parts per million but not more than 2,000 parts per million by volume of gas or vapor, or more than two milligrams per liter but not more than 20 milligrams per liter of mist, fume or dust, when administered by continuous inhalation for one hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.

(u) Unauthorized discharge means a 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.

(Ord. No. NS-517.72, § 2, 4-15-03)