West Sacramento Municipal Code Art. I General Provisions

It is the intent of the city council in adopting this chapter to establish the city as the administering agency for the hazardous materials program.

(Ord. 11-3 § 2)

Except as otherwise specified in this chapter, the fire department through its fire chief, shall be responsible for the administration and enforcement of the provisions of this chapter. The fire chief and officials of other affected city departments shall mutually cooperate with each other to carry out the intent of this chapter.

(Ord. 11-3 § 2)

Grant of a permit under the provisions of this chapter does not constitute authorization to store or use hazardous materials at any establishment, if such storage and/or use violates a provision of this chapter or any other local, state or federal statute, code, ordinance, rule or regulation relating to hazardous materials, or if hazardous materials are stored in such a manner as to cause an unauthorized release of hazardous materials or to pose a significant risk of such unauthorized release.

(Ord. 11-3 § 2)

In addition to the general definitions applicable to this code, whenever used in this chapter, the following terms shall have the meanings set forth below:

"Carcinogen"

means any carcinogen listed in accordance with the California Health and Safety Code in Section 25249.8, as amended, or listed by the International Agency for Research on Cancer (IARC).

"Chief"

means the chief of the city of West Sacramento fire department or the chief's designee.

"City council"

means the city council of the city of West Sacramento.

"Establishment"

means a single business operation conducted on the same or contiguous parcels of property under the same ownership or entitlement to use and the building or buildings' appurtenant structures, and surrounding land area used by the establishment at that location or site.

"Extremely hazardous material"

means a substance or combination of substances which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the substance or combination of substances because of its quantity, concentration or chemical characteristics, and as defined as a extremely hazardous waste in Section 66261.110 of Title 22 of the California Code of Regulations, as amended.

"Fire code"

means the California Fire Code (CFC) as adopted by the city of West Sacramento.

"Hazard class"

means explosives, flammable gases, nonflammable gases, flammable liquids, flammable solids, spontaneously combustibles, dangerous when wet, oxidizers, organic peroxides, poisons, infectious substances, radioactives, or corrosives. For purposes of this hazardous class scheme, the U.S. Department of Transportation (DOT) definition of 49 CFR Part 173, as amended, shall be utilized; however, whenever the definitions in 49 CFR Part 173 refer to hazards associated with transportation, they shall be deemed to refer, additionally, to storage or other regulated activities under this chapter.

"Hazardous materials"

mean those chemicals or substances which are physical hazards or health hazards as defined and classified in the CFC, whether the materials are in usable or waste condition.

"MSDS"

means a material safety data sheet prepared pursuant to Section 6390 of the California Labor Code or pursuant to the regulations of the Occupational Safety and Health Administration of the U.S. Department of Labor.

"Permit"

means any hazardous materials permit, including any addenda thereto, and any temporary permit issued pursuant to this chapter.

"Permit quantity limit"

means the maximum amount of hazardous material that can be stored in a storage facility. The chief shall set separate permit quantity limits for each storage facility for which a permit is obtained in accordance with the requirements of this chapter.

"Permittee"

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

"Person"

means an individual, trust, firm, joint stock company, corporation including a government corporation, partnership, association, city, county, city and county, district, the state, any department or agency thereof, or the United States, to the extent authorized by federal law. For the purpose of the application of this chapter to the city, a person includes any office or department under any elected or appointed official or under any board or commission.

"Pipe"

means any pipeline or system of pipelines that is used in connection with the storage of hazardous materials exclusively within the confines of an establishment and which is not intended to transport hazardous materials in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel.

"Release"

means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of a hazardous material into the environment unless permitted or authorized by a regulatory agency.

"Spill"

means any uncontrolled release of a hazardous material.

"Storage"

means the storage, dispensing, containment, handling, use, generation, processing, production, packaging, emitting, discharging, disposal or treatment of hazardous materials.

"Storage facility"

means any one or combination of tanks, sumps, wet floors, waste treatment facilities, pipes, vaults or other portable or fixed containers, used, designed or intended to be used, for the use and/or storage of hazardous materials at an establishment.

"Sump"

means a pit or other subsurface container in which liquids collect.

"Threatened release"

means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, the environment or property.

"Unauthorized release"

means any release of any hazardous material that does not conform to the provisions of this chapter or is not otherwise authorized by a governmental agency, including, but not limited to, Yolo County Air Quality Control Board and California Air Resources Board, the EPA, pursuant to a national pollutant discharge elimination system permit, the regional water quality control board, pursuant to the Porter-Cologne Water Quality Act, or the department of public works.

"Waste"

means either: (1) materials which are intended to be discarded; or (2) materials which are intended to be recycled.

"Wet floor"

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

(Ord. 11-3 § 2; Ord. 26-1, 4/15/2026)

The permit fee for the hazardous materials program shall be reviewed annually. Any proposed changes shall be included in the annual update to the city's book of fees.

(Ord. 11-3 § 2)

The department shall provide educational information to the public on hazardous materials including, but not limited to, information on the identification, proper storage, handling, use and disposal of hazardous materials.

(Ord. 11-3 § 2)

A. Hazardous materials regulated in this chapter shall include, but not be limited to, those materials enumerated in:

1. Regulations of the U.S. Department of Transportation published in 49 CFR Parts 100 through 199, as amended;

2. The director's list, as amended, issued by the director of the California Department of Industrial Relations in Title 8 of the California Code of Regulations, Section 339;

3. Sections 66680 and 66723 of Title 22 of the California Code of Regulations, as amended, as a hazardous and/or extremely hazardous waste, whether such material is stored or handled in waste or nonwaste form;

4. The list of Environmental Protection Agency (EPA) pollutants, 40 CFR, Section 401.15, as amended;

5. A list of hazardous materials prepared by the chief pursuant to provisions of this chapter;

6. The hazardous materials definition of Section 2702.1, Chapter 27 of the California Fire Code (Title 24 of the California Code of Regulations).

B. Hazardous materials regulated in this chapter shall also include any material which has been determined to be hazardous based upon any appraisal or assessment by or on behalf of the party storing this material in compliance with the requirements of the EPA or the California Department of Health Services, or which should have been, but was not, determined to be hazardous due to deliberate failure of the party storing the material to comply with the requirements of the EPA and/or the Department of Health Services.

C. The department shall maintain, for public inspection, a copy of each of the regulations listed in subsection A of this section.

(Ord. 11-3 § 2)