§ 17.68.040. Definitions.

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 emission of any hazardous material which does not conform to the provisions of this chapter, unless such release is in accordance with the release regulations of the Bay Area Air Quality Management District and California Air Resources Board, with a national pollutant discharge elimination system permit, with waste discharge requirements established by the regional water quality control board pursuant to the Porter Cologne Water Quality Act, or with local sewer pretreatment requirements for publicly owned treatment works.

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.)