§ 8.64.070. Hazardous materials handling classification system.

A.

Categories of Hazardous Materials. For purposes of permitting businesses pursuant to this chapter, categories of hazardous materials shall be as follows:

1.

Category A.

a.

Motor vehicle fuels stored in an underground tank system.

b.

Lubricants and coolants stored above or below ground.

c.

Hydraulic equipment fluids.

d.

Motor vehicle parts cleaning fluids.

e.

Used motor oil stored above or below ground.

f.

One thousand (1,000) pounds or less of lead acid batteries.

g.

One thousand (1,000) cubic feet or less of compressed gases used in welding.

h.

Carbon dioxide liquid/gas when used in carbonation of beverages at a food serving business.

i.

One hundred ten (110) gallons or Jess of dry cleaning fluid stored above ground when used as a solvent for cleaning garments.

j.

One thousand (1,000) cubic feet or less of helium used for inflation of balloons.

2.

Category B. All hazardous materials defined by Chapter 6.95 CH&SC except the following:

a.

Those listed in subsection (A)(1) of this section;

b.

Those listed in subsection (A)(3) of this section;

c.

Those exempt by Chapter 6.95 CH≻

d.

Those exempt by this chapter.

3.

Category C.

a.

Extremely hazardous waste as defined in Title 22 CCR;

b.

Regulated substance as defined in 40 CFR or Chapter 6.95 of the CH≻

c.

Extremely hazardous substance as defined in 40 CFR;

d.

Acutely hazardous material as defined in 40 CFR;

e.

Any hazardous substance or mixture which the United States Environmental Protection Agency has taken action upon pursuant to Section 2606 of Title 15 of the United States Code.

B.

Classification of Handlers. A hazardous materials handler shall be classified for fee assessment purposes according to the criteria of this Section. A handler that is eligible for assessment under more than one Hazard Classification Level shall be assessed at the level indicating the greatest hazard potential and based on the types and quantities of hazardous materials handled. The Hazard Classification Levels shall be as follows:

1.

Agricultural Handler. Any business while operating a farm solely for purposes of cultivating the soil or raising or harvesting any agricultural or horticultural commodity, that handles a hazardous material, or a mixture containing a hazardous material, which has a cumulative quantity at any one time during the calendar year equal to or greater than a total weight of five hundred (500) pounds, or a total volume of fifty-five (55) gallons, or two hundred (200) cubic feet at standard temperature and pressure for compressed gas.

2.

Special Handler. Any business, handling only those materials listed in Category A of this section, which has a cumulative quantity equal to or greater than fifty-five (55) gallons, five hundred (500) pounds or two hundred (200) cubic feet of gas at standard temperature and pressure; no more than one thousand (1,000) cubic feet, at standard temperature and pressure of compressed welding gases such as oxygen, acetylene, argon, etc., when those gases are used as part of a motor vehicle maintenance operation; any business handling motor vehicle fuels listed in Category A of this section in underground storage tanks regulated by Ordinance 617; any business handling lead acid batteries in quantities less than or equal to one thousand (1,000) pounds; any business handling dry cleaning fluid used as a solvent in the dry cleaning process less than or equal to one hundred ten (110) gallons total quantity on site stored above ground; any business handling one or more cylinders containing no more than one thousand (1,000) cubic feet of helium used for inflation of balloons.

3.

Level I Handler. Any business handling materials listed in subsection (A)(2) of this section that has a cumulative quantity equal to or greater than fifty-five (55) gallons but less than five hundred fifty (550) gallons, or equal to or greater than five hundred (500) pounds but less than five thousand (5,000) pounds, or equal to or greater than two hundred (200) cubic feet of gas but less than two thousand (2,000) cubic feet of gas at standard temperature and pressure. Also, any business handling materials listed in subsection (A)(3) of this section that has a cumulative quantity less than or equal to five gallons, or less than or equal to fifty (50) pounds, or less than or equal to twenty (20) cubic feet of gas at standard temperature and pressure.

4.

Level II Handler. Any business handling materials listed in subsection (A)(2) of this section that has a cumulative quantity equal to or greater than five hundred fifty (550) gallons but less than five thousand five hundred (5,500) gallons, or equal to or greater than five thousand (5,000) pounds but less than fifty thousand (50,000) pounds or equal to or greater than two thousand (2,000) cubic feet of gas but less than twenty thousand (20,000) cubic feet of gas at standard temperature and pressure. Also, any business handling materials listed in subsection (A)(3) of this section which has a cumulative quantity greater than five gallons but less than or equal to fifty-five (55) gallons, or greater than fifty (50) pounds but less than or equal to five hundred (500) pounds, or greater than one hundred twenty (120) cubic feet of gas but less than or equal to two hundred (200) cubic feet of gas at standard temperature.

5.

Level III Handler. Any business handling materials listed in subsection (A)(2) of this section that has a cumulative quantity equal to or greater than five thousand five hundred (5,500) gallons, equal to or greater than fifty thousand (50,000) pounds, or equal to or greater than twenty thousand (20,000) cubic feet of gas at standard temperature and pressure. Also any business handling materials listed in subsection (A)(3) of this section which has a cumulative quantity greater than fifty-five (55) gallons, or greater than five hundred (500) pounds, or greater than two hundred (200) cubic feet of gas at standard temperature and pressure.

(Ord. 651.3 § 7, 2001)

(Ord. 651.4, §§ 14—19, 4-14-2009)