Chapter 18.43 — USE OF HAZARDOUS MATERIALS (§ 18.43.010 – § 18.43.050)
Union City Zoning Code · 2026-06 edition · ingested 2026-07-07 · Union City
Other provisions of this chapter and Title 15 notwithstanding, all use of hazardous materials shall be as regulated herein. Hazardous materials are substances which are capable of posing risk to health, safety, property or the environment. The hazard potential of a substance is based on its chemical properties, on
the quantity of the material at a site, how it is stored and how it is used. The intent of this chapter is to reduce or eliminate hazards to the general public, including sensitive receptors, resulting from the potentially inappropriate location of facilities that use or store hazardous materials. (Ord. 915-23 § 4, 2023)
The permitted on-site quantities and uses of hazardous materials shall be as listed in Table 18.43.050. (Ord. 915-23 § 4, 2023)
Hazard categories or classifications are defined in current Fire Code and Appendices for the City of Union City. Additional definitions are based on the definitions in Article I of Chapter 8.35 of the U.S. Department of Transportation (DOT) Code of Federal Regulations (CFR), Title 49, Parts 100 to 177, and in the Hazardous Materials Table, 49 CFR, Part 172.101, and as the foregoing may be amended. Hazardous materials classifications are listed below:
A.
Group A representing those materials that pose a higher risk;
B.
Group B representing those materials that pose a more moderate risk; and C.
Group C representing those materials that pose the least risk to health, safety, or property.
For purposes of this chapter, the table and table notes in Section 18.43.050 identify the categories of hazardous materials for each group.
(Ord. 915-23 § 4, 2023)
Bulk Plant (BP).
Hazardous materials at the bulk plant level are manufactured, processed, or packaged but are not used on site. Materials may be stored in large containers, railcars, tankers, drums, or cylinders. Bulk plant quantities are larger than the amount transported in or out in any single shipment.
Bulk Distribution Plant (BD).
Hazardous materials at the bulk distribution plant level are collected, repackaged, and/or blended prior to being transported to other facilities. Materials are transported to the site in unpackaged form and are
transferred to storage containers by hose, pipeline or conveyor belt from railcars, tankers, large containers or drums. Materials are stored until transported out as finished or semi-finished products.
Large User Site (LU).
Hazardous materials at a large user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on site or shipped out. On-site storage of hazardous materials exceeds the following quantities: 200,000 pounds for solids, 20,000 gallons for liquids, and 80,000 cubic feet at STP for compressed gases.
Large Storage Plant (LS).
Hazardous materials at the large storage plant level are stored until they are distributed to other facilities. On-site storage of hazardous materials exceeds the following quantities: 200,000 pounds for solids, 20,000 gallons for liquids, and 80,000 cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes or portable tanks.
Medium User Site (MU).
Hazardous materials at the medium user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on site or shipped out. On-site storage of hazardous materials is between 25,000 to 200,000 pounds for solids, 2,750 to 20,000 gallons for liquids, and 10,000 to 80,000 cubic feet at STP for compressed gases.
Medium Storage Plant (MS).
Hazardous materials at the medium storage plant are stored until they are distributed to other facilities. Onsite storage of hazardous materials is between 25,000 to 200,000 pounds for solids, 2,750 to 20,000 gallons for liquids, and 10,000 to 80,000 cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.
Small User Site (SU).
Hazardous materials at a small user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials
which then may be used on site or shipped out. On-site storage of hazardous materials does not exceed 25,000 pounds for solids, 2,750 gallons for liquids, and 10,000 cubic feet at STP for compressed gases. Small Storage Plant (SS).
Hazardous materials at the small storage plant site are stored until they are distributed to other facilities. On-site storage of hazardous materials does not exceed 25,000 pounds for solids, 2,750 gallons for liquids, and 10,000 cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another shall take place on site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.
(Ord. 915-23 § 4, 2023)
| Range Number |
Range Amounts |
|---|---|
| 1. | Up to and including 500 pounds for solids, 55 gallons for liquids and 200 cubic feet at NTP for compressed gases. |
| 2. | Between 500 and 5,000 pounds for solids, 55 and 550 gallons for liquids and 200 to 2,000 cubic feet at NTP for compressed gases. |
| 3. | Between 5,000 and 25,000 pounds for solids, 550 and 2,750 gallons for liquids and 2,000 to 10,000 cubic feet at NTP for compressed gases. |
| 4. | Between 25,000 and 50,000 pounds for solids, 2,750 and 5,500 gallons for liquids and 10,000 to 20,000 cubic feet at NTP for compressed gases. |
| 5. | More than 50,000 pounds for solids, 5,500 gallons for liquids and 20,000 cubic feet at NTP for compressed gases. |
(Ord. 915-23 § 4, 2023)
Where indicated with the letters "AUP," the use requires an administrative use permit. The administrative use permit procedure is described in Chapter 18.54. Where indicated with the letters "UP," the use requires a use permit. The use permit procedure is described in Chapter 18.56. Where indicated with a "P," the use is permitted. Where indicated with a dash (–), the use is not allowed.
| Table 18.43.050 Use Table for On-Site Storage of Hazardous Materials |
|---|
| Type of Facility Zoning District |
| MG ML MS SEE CMUE |
| Group A chemicals and materials*: Class 3 and 4 oxidizers, compressed gases (corrosive, highly toxic, |
| toxic, pyrophoric, unstable), cryogens (highly toxic, toxic, corrosive, pyrophoric, unstable), explosives and |
| blasting agents, germ cell mutagenicity materials, highly toxic materials, materials that in contact with |
| water emit fammable gas, organic peroxides (unclassifed, Class I and Class II), pyrophoric materials, |
| radioactive materials (gamma emitters), self-heating materials, self-reactive materials, unstables/reactives |
| (Class 3 and Class 4), water reactive materials (Class 3) |
| Bulk Plant - - - - - |
| Bulk Distribution - - - - - |
| Large User Site UP UP UP UP UP |
| Bulk Plant |
| --- |
| Bulk Distribution |
| Large User Site |
| Large Storage Plant |
| Medium User Site |
| Medium Storage Plant |
| Small User Site |
| Small Storage Plant |
| Group B chemicals and materials*: Carcenogenic materials, combustible dust, compressed gases |
| (fammable and oxidizing), corrosive liquids and solids, |
| liquids, fammable solids, organic peroxide materials (Class III, Class IV, Class V), |
| Table 18.43.050 Use Table for On-Site Storage of Hazardous Materials |
| --- |
| Type of Facility |
| (Class 1 and Class 2), radioactive materials (alpha and beta emitters), reproductive toxicity materials, target organ toxins, toxic materials, unstable/reactive materials (Class 1 and Class 2), water reactive materials (Class 1 and Class 2) |
| Bulk Plant |
| Bulk Distribution |
| Large User Site |
| Large Storage Plant |
| Medium User Site |
| Medium Storage Plant |
| Small User Site |
| Small Storage Plant |
| Group C chemicals and materials*: Combustible liquids and solids, compressed gases (inerts), cryogens (inerts), irritant materials, materials identifed as hazard not otherwise classifed, and sensitizer materials. |
| Bulk Plant |
| Bulk Distribution |
| Large User Site |
| Large Storage Plant |
| Medium User Site |
| Medium Storage Plant |
| Small User Site |
| Small Storage Plant |
| Notes: |
| * |
| Notes: |
| --- |
| * |
Notes:
| Notes: | Notes: | Notes: | Notes: | Notes: |
|---|---|---|---|---|
| review if visible from the public way. All above-ground storage tanks shall be adequately screened from of site. |
||||
| 3. | When a use permit or administrative use permit is required, in addition to the fndings required under Chapter 18.56 or 18.54,respectively, the decision maker shall consider the recommendation of the Fire Department and the Environmental Programs Division based upon an evaluation of current codes, ordinances and referenced standards in conjunction with the following information: an inventory of all hazardous materials to be used or stored on site, a materials safety sheet (MSS) for each of the hazardous materials to be used on site, a list of equipment which utilizes or contains hazardous materials, information on the building construction type and information on the proposed method of handling and disposal of hazardous materials, as well as any mitigation features designed to reduce the level of risk posed by the hazardous materials. |
|||
| 4. | The following exemptions from the requirements of this chapter shall apply: | |||
| a. | Storage, use or handling of the following gases in any quantities, whether in a gaseous, liquefed or cryogenic physical state: air (non-enriched), argon, helium, krypton, neon, nitrogen, and xenon. This exemption does not apply to bulk plants or bulk distribution plants. |
|||
| b. | Storage, use or handling of hazardous materials in quantities less than 55 gallons, 500 pounds, and 200 cubic feet, for liquids, solids and gases respectively. This exemption does not apply to acutely hazardous materials and extremely hazardous substances, as defned in the Code of Federal Regulations and the California Health and Safety Code,which may require a CUPA permit from the Environmental Programs Division or preparation of a Risk Management Plan. |
|||
| c. | Radioactive materials that are licensed, sealed sources, used for instruments, calibration devices and similar equipment, and materials exempted from regulation by the United States Nuclear Regulatory Commission. |
|||
| d. | On-site retail sales of common household hazardous materials in containers sized and packaged for use by the general public. |
|||
| 5. | Ammonia refrigeration systems are subject to the provisions of this chapter. | |||
| B. | Table Qualifers. In addition to the regulations set forth in this chapter, all storage and use of hazardous materials must be in conformance with the provisions of Federal, State, and local laws and regulations, Uniform Codes and referenced standards, as may be amended. |
(Ord. 915-23 § 4, 2023)