Unless the context otherwise indicates, the following definitions govern the construction of this Subchapter:
ACUTELY HAZARDOUS MATERIAL. This term shall have the same meaning as EXTREMELY HAZARDOUS MATERIAL.
BUSINESS. Any employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, or association. For the purpose of this Subchapter, BUSINESS includes both for-profit and non-profit enterprises.
CAL. HEALTH & SAFETY CODE. The California Health and Safety Code, as amended.
CHEMICAL. Any chemical element, chemical compound or chemical mixture.
CHEMICAL NAME. The scientific designation of a substance in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service.
COMMON NAME. Any designation or identification, such as a code name, code number, trade name, or brand name used to identify a substance other than by its chemical name.
DEPARTMENT. The Culver City Fire Department.
DUN & BRADSTREET NUMBER. The number assigned to a business as listed in various directories published by Dun & Bradstreet.
EPA NUMBER. The number assigned by the U.S. Environmental Protection Agency to a specific business site where hazardous wastes are generated.
EXTREMELY HAZARDOUS MATERIAL. Any chemical on the list prepared by the United States Environmental Protection Agency and classified as an extremely hazardous substance pursuant to 40 CFR 300 and 355, and any amendments thereto.
FIRE CHIEF. The Fire Chief of the Culver City Fire Department or his/her designee(s). A designee of the Fire Chief may vary for any different aspect of the hazardous material disclosure and business plan program.
HANDLE. To use, generate, process, produce, package, treat, store or possess, emit, discharge or dispose of any hazardous material in any fashion. STORE, as used in this Subsection, does not include the storage of hazardous materials which are in transit or which are temporarily maintained in a fixed facility for a period of less than thirty (30) days during the course of transportation.
HANDLER. Any business which handles any hazardous material.
HAZARDOUS MATERIAL. Any material that because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. HAZARDOUS MATERIALS include, but are not limited to, hazardous substances, acutely hazardous materials, hazardous waste, infectious waste, explosives, radioactive materials, petroleum or petroleum products or gases, poisons, biological agents, flammable, corrosive, oxidized or reactive materials and any material for which a handler or the Department has a reasonable basis for believing it would be injurious to the health, safety and welfare of persons or harmful to the environment if released into the workplace or the environment.
HAZARDOUS SUBSTANCE.
1. Any substance or chemical product listed in 49 CFR 172 and 173 and in Cal. Health & Safety Code § 25501.1.
2. In general, if the manufacturer or producer is required to prepare a Material Safety Data Sheet (MSDS) for the substance or product, or if the substance is radioactive, the handler should refer to the above described lists.
HAZARDOUS WASTE. Includes the definitions found in Cal. Health & Safety Code §§ 25115, 25117, and 25316, as amended. In general, if the chemical meets the definition of HAZARDOUS MATERIAL and is being disposed of or will no longer be used, the handler should refer to the above described Sections.
MATERIAL SAFETY DATA SHEET or MSDS. A form on which data about a specific chemical substance is provided, as required in Cal. Admin. Code Title 8, § 5194 and in the Occupational Safety and Health Act of 1970, 29 USC 651 et seq. This data includes, but is not limited to, information about the chemical in the following categories: hazardous ingredients, physical data, fire and explosion data, health hazard data, reactivity data, spill or leak procedures, special protection information and special precautions.
MODIFIED FACILITY.
1. An addition or change to a facility or business which results either in a substantial increase in the amount of extremely hazardous materials handled by the facility or business, or a significantly increased risk in handling an extremely hazardous material, as determined by the Department.
2.
MODIFIED FACILITY does not include an increase in production up to the facility's existing operating capacity. MODIFIED FACILITY also does not include an increase in the production levels up to the production levels authorized in a permit granted pursuant to Cal. Health & Safety Code § 42300, as long as the increased levels would not result in a significant increase in danger or harm to persons in the workplace or to the environment.
QUALIFIED PERSON. A person who is qualified to attest, at a minimum, to the validity of the hazard and show the relationship between the plan and the hazards the plan is designed to mitigate.
RELEASE. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, dumping, or disposing (including the abandonment or discarding of barrels, containers, and other closed receptacles) into the environment of any hazardous material, extremely hazardous substance, or toxic chemical, unless permitted or authorized by a regulatory agency.
RISK MANAGEMENT AND PREVENTION PROGRAM or (RMPP). The administrative and operational programs which are designed to prevent acutely hazardous materials accident risks, including, but not limited to, design safety of new and existing equipment, standard operating procedures, preventative maintenance programs, operator training and accident investigation procedures, risk assessment for unit operations, or operating alternatives, emergency response planning and internal or external audit procedures to ensure these programs are being executed as planned.
SITE. A location with a single address used by a business. Locations with different addresses, but used by the same business, even if contiguous, shall be considered separate sites. Furthermore, if a location with a single address used by a business has two (2) or more buildings or structures at that location, each building or structure may be considered a separate site, if in the discretion of the Fire Chief or his designee, there exists a significant potential danger to the public health and safety and/or environment.
STANDARD INDUSTRIAL CLASSIFICATION CODE or SIC CODE. The identification number assigned to specific types of businesses in the Standard Industrial Classification Manual issued by the Federal Office of Management and Budget.
THREATENED RELEASE. 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, property, or the environment.
TITLE III. Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA), 42 USC 11001 et seq., as amended, which Act amended the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 USC 9601 et seq. Title III is also known as the “Emergency Planning and Community Right-to-Know Act of 1986.”
TRADE SECRET. Information about a chemical or chemicals, the release of which would unreasonably harm the competitive position of a business. Specific factors for determining trade secret status are described in Cal. Health & Safety Code § 25511, as amended, 42 USC 11042, as amended, Cal. Gov't Code § 6254.7(d), as amended, Cal. Evid. Code § 1060, as amended, and § 9.03.125 of this Subchapter and any Resolution adopted thereunder.
('65 Code, § 16-9) (Ord. No. 88-014 § 2)