Sec. 13-6. Definitions.
Unless otherwise expressly stated, whenever used in this Article, the following terms shall have the meanings set forth below:
a.HAZARDOUS SUBSTANCE or MATERIAL shall be defined as any substance that may endanger public safety or create a public nuisance, including, but not limited to:
1.Any material listed as a hazardous and/or extremely hazardous material or hazardous and/or extremely hazardous waste in accordance with Sections 66680 and 66685 of Title 22 of the California Administrative Code, as amended, whether such material is stored or handled in waste or nonwaste form.
2.Any material listed on the list of Environmental Protection Agency (EPA) pollutants, 40 Code of Federal Regulations, Section 401.15, as amended.
3.Any material classified by the National Fire Protection Association (NFPA) as either a flammable liquid, a Class “II” combustible liquid or a Class “III-A” combustible liquid.
4.Any material listed by the Director of the Department of Industrial Relations in Title 8, California Administrative Code (#339), as amended, excluding all footnotes thereto and subject to the exclusions specified in this subsection. Such exclusions are as follows:
i.Materials recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or any supplement to any of them if such materials are intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; hormones; enzymes; and aflatoxins.
ii.Aluminum salts; asphalt fumes; Atrazine; Benomyl; Bis (dimethylthiocarbamoyl) disulfide; Boro-oxide; 4-tert-Butyl-2-chlorophenyl-methyl-phosphoramidate; Camphor; Carbon black; 2-Cloro-6 (trichloromethyl) pyridine; Chopidol; Coal tar pitch volatiles; Cotton dust; Dibenzoyl peroxide (Benzoyl peroxide); Dicyclopentadienyl iron; 3,5-Dinitro-o-toluamide; 2,6-Di-tert-butyl-p-cresol; Ferbam; Fumaric Acid; Glass, fibrous or dust; Graphite; Helium; Iron Oxide; Iron salts; Magnesium oxide; Mica; Mineral wool fiber; Oil mist; Phenothiazine; Phenyl ether-diphenyl (eutectic mixture), vapor; Phthalic anhydride; m-Phtalodinitrile; Polytetra-sluoreoethylene D-composition products; Rhodium salts; Ronnel; Rosin core solder; Rotenone, commercial; Silica; Soapstone; Talc; Tantalum oxide; Terphenyls; 4-4'-Thiobis (6-tert-butyl-m-cresol).
5.Any material which has been determined to be hazardous based upon any appraisal or assessment by or on behalf of the party storing, handling or transporting 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 the deliberate failure of the party storing, handling or transporting the material to comply with the requirements of the EPA and/or the Department of Health Services.
6.Any material which has been determined by the party storing, handling or transporting the material, through testing or other objective means, to be likely to create a significant potential or actual hazard to the public health, safety or welfare. This subsection shall not establish a requirement to test for the purpose of this Article.
7. Exclusions.The definition of a hazardous substance for the purpose of this Article shall not apply to the following:
i. Certain Elemental Metals.The following elemental metals shall not be considered hazardous materials unless they are in a friable, powdered or finely divided state:
BERYLLIUM, CADMIUM, CHROMIUM, COPPER, LEAD, NICKEL AND SILVER
ii. Retail Products.Hazardous materials when contained solely in consumer products for distribution to and use by the general public, or commercial products used at the facility solely for janitorial or minor maintenance purposes such as paint thinner or wax strippers.
iii. Feed.Hazardous materials when contained in a substance intended for use as animal feed.
iv. Work Station.Hazardous materials located at a work station in a quantity reasonably required for use as determined by the Monterey Fire Department under the circumstances.
v. Other Exemptions.The Monterey Fire Department may exempt any material from the requirements of this Article if it has been demonstrated to the satisfaction of the Monterey Fire Department that the material in the quantity and/or solution stored does not present a significant actual or potential hazard to the public health, safety or welfare.
vi.Vehicle operating fluids from a motor vehicle accident less than five (5) gallons including: gasoline, transmission fluid, motor oil, and radiator fluid.
b.RESPONSIBLE PARTY is defined as any person, firm, or corporation responsible for the production, storage, handling or transportation of hazardous material, or any such person, firm or corporation which, by their own acts of negligence or such acts of their agents, heirs, assigns or employees, whether such acts be intentional or unintentional, causes or allows the unauthorized discharge, spill or release of any hazardous substance.
c.UNAUTHORIZED DISCHARGE, SPILL, or RELEASE shall mean any release or emission of any hazardous substance or material as defined above, unless the release is authorized by the State Water Resources Control Board pursuant to Division 7 (commencing with Section 13000) of the California Water Code. (Ord. 3455 § 8, 2010)