The materials regulated by this chapter shall consist of the following:*
A. Any material listed as a hazardous and/or extremely hazardous material or hazardous and/or extremely hazardous waste in 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; or
B. Any material which is listed on the list of Environmental Protection Agency (EPA) pollutants, 40 Code of Federal Regulations, Section 401.15, as amended; or
C. Any material which is classified by the National Fire Protection Association (NFPA) as either a flammable liquid, a Class H combustible liquid or a Class IIIA combustible liquid; or
D. 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 the deliberate failure of the party storing the material to comply with the requirements of the EPA and/or the Department of Health Services; or
E. Any material which has been determined by the party storing or handling it, through testing or other objective means, to be likely to create a significant potential or actual hazard to public health, safety or welfare. This subsection shall not establish a requirement to test for the purposes of this chapter.
(Ord. 1244, (part), 1983; Ord. 1220, (part), 1983)
* Section 9.12.020 does not include the List of Hazardous Substances developed by the Director of the Department of Industrial Relations pursuant to the provisions of the Hazardous Substances Information and Training Act because this list was filed with the Secretary of State too late to be fully considered and evaluated for incorporation in this chapter. A follow-up task force is studying the incorporation of this list.