In addition to the general definitions applicable to this Code, whenever used in this Article, the following terms shall have the meanings set forth below:
(a) "Aboveground storage tank" is defined in California Health and Safety Code Section 25270.2, or any successor provisions.
(b) "Aboveground petroleum storage facility" or "APS facility" means any facility regulated under California Health and Safety Code Section 25270 et seq. or any successor provisions. Aboveground petroleum storage facilities with storage capacity of 1320 to 10,000 gallons are further classified as Tier 1 or Tier 2, which are defined as follows:
(1) "Tier 1 APS facility" means any aboveground petroleum storage facility with aggregate aboveground oil storage capacity of 10,000 gallons or less and no individual aboveground oil storage container with a capacity greater than 5,000 gallons.
(2) "Tier 2 APS facility" means any aboveground petroleum storage facility with aggregate aboveground oil storage capacity of 10,000 gallons or less with at least one individual aboveground oil container with a capacity greater than 5,000 gallons.
(c) "Business" means an employer, self-employed individual, trust, firm, joint stock company, corporation including a government corporation, partnership, association, City, County, City and County, district, the State and any agency, department, office, board, commission, or bureau of State government, including, but not limited to, the campuses of the California Community Colleges, the California State University, and the University of California, and the federal government, to the extent authorized by federal law.
For the purpose of the application of this Article to the City and County of San Francisco, "business" includes any office or department under any elected or appointed official or under any board or commission.
(d) "Certificate of registration" means any Hazardous Materials Certificate of Registration, including any addenda thereto, and any temporary certificate of registration issued pursuant to this Article.
(e) "Chemical name" means the scientific designation of a substance in accordance with the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service.
(f) "Chief of Department" means the Chief of the San Francisco Fire Department or the Chief's designee.
(g) "City Planning Code" means Part II, Chapter 3 of the San Francisco Municipal Code.
(h) "Common name" means 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.
(i) "Contiguous" means without separation by a public street, alley, sidewalk or other public place or right-of-way even if connected by underground or overhead structures, such as but not limited to bridges or passageways.
(j) "Department" means the San Francisco Department of Public Health.
(k) "Director of Health" means the Director of the San Francisco Department of Public Health or the Director's designee.
(l) "Environmental Health Section" means the Environmental Health Section in the Community Health and Safety Branch of the Public Health Division of the San Francisco Department of Public Health.
(m) "Establishment" means a single business operation conducted on the same or contiguous parcels of property under the same ownership or entitlement to use, and the building or buildings, appurtenant structures, and surrounding land area used by the establishment at that location or site. To be considered a single business operation, all business operations at the location must be under the direction and control of the same primary response person and accessible from the same public street entrance.
(n) "Etiologic agent" means a viable microorganism, or its toxin, which is listed in the regulations of the Department of Health and Human Services at Section 72.3 of Title 42 of the Code of Federal Regulations, which regulations are incorporated into this Article by reference, or which causes or may cause severe, disabling or fatal disease in a healthy population. For purposes of this definition, "etiologic agent" does not include human or animal materials including but not limited to excreta, secreta, blood, and its components, tissue and tissue fluids being handled for purpose of diagnosis or in waste form.
(o) "Fire Code" means Part II, Chapter 4 of the San Francisco Municipal Code.
(p) "Freight forwarding and freight transportation services" means an establishment which packs, crates, prepares for shipping, warehouses, or otherwise handles hazardous materials in transit or operates a terminal through which hazardous materials pass, including but not limited to establishments specified in Codes 4231, 4731 and 4783 of the Manual of Standard Industrial Classification Codes, published by the United States Office of Management and Budget, 1987 Edition.
(q) "Handle" means to use, generate, process, produce, package, treat, store, emit, discharge, or dispose of a hazardous material in any fashion.
(r) "Handler" means any person or business which handles a hazardous material.
(s) "Hazardous material" means 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, hazardous waste, and any material which a handler or the Department has a reasonable basis for believing would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.
A mixture shall be deemed to be a hazardous material if it contains either one-tenth of one percent or more of any carcinogen or one percent or more of any other hazardous material.
(t) "Hazardous materials plan" means a document consisting of, at a minimum, general business information about an establishment, an inventory of hazardous materials handled at the establishment, an emergency response plan for the establishment, an employee training plan for handling hazardous materials, a facility map and such other information as is required by this Article and regulations adopted by the Health Commission pursuant to this Article in order to obtain a certificate of registration.
(u) "Hazardous materials release site" means an establishment, UST, premises or real property containing a release or threatened release.
(v) "Hazardous substance" means any substance or chemical product for which one of the following applies:
(1) The manufacturer or producer is required to prepare or prepares a Material Safety Data Sheet (MSDS) for the substance or product pursuant to the California Hazardous Substances Information and Training Act (Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5 of the California Labor Code) or pursuant to the federal Occupational Safety and Health Act of 1970 and regulations promulgated under that Act (commencing with Section 651 of Title 29 of the United States Code);
(2) The substance is listed as a radioactive material in Appendix B of Part 20 of Chapter 1 of Title 10 of the Code of Federal Regulations, maintained and updated by the Nuclear Regulatory Commission;
(3) The substances listed pursuant to Parts 172 and 173 of Title 49 of the Code of Federal Regulations;
(4) The materials listed in Subdivision (b) of Section 6382 of the California Labor Code;
(5) The chemicals listed in Subdivisions (b) and (c) of Section 12000 of Title 22 of the Code of California Regulations, which Section is incorporated into this Article by reference;
(6) The substances listed as hazardous substances in Subsection (f) of Section 25281 of the California Health and Safety Code.
(w) "Hazardous waste" means hazardous waste, as defined in Sections 25115, 25117, and 25316 of the California Health and Safety Code.
(x) "Health Commission" means the San Francisco Health Commission.
(y) "Laboratory" means a business or part of a business operated by scientists or engineers, or by students or technicians under their supervision, for the following purposes: investigation of physical, chemical or biological properties of substances; development of new or improved chemical processes, products, or applications; analysis, testing, or quality control; or instruction and practice in a natural science or in engineering. These operations are characterized by the use of a relatively large and variable number of chemicals on a scale in which the containers used for reactions, transfers, and other handling of chemicals are normally small enough to be easily and safely manipulated by one person.
(z) "MSDS" means a Material Safety Data Sheet prepared pursuant to Section 6390 of the California Labor Code and Section 5194 of Title 8 of the Code of California Regulations, or pursuant to the regulations of the Occupational Safety and Health Administration of the U.S. Department of Labor in Subsection (g) of Section 1910.1200 of Title 29 of the Code of Federal Regulations, which Section is incorporated into this Article by reference.
(aa) "Operator" means any person in control of, or having daily responsibility for, the daily operation of an underground storage tank system.
(bb) "Owner" means the owner of an underground storage tank or the person or persons named on the last assessment rolls of the City and County of San Francisco as the owner of (i) the real property where an underground storage tank is located, or (ii) for underground storage tanks located under the surface of any improved or unimproved public street, sidewalk, alley, court or other place dedicated for or subject to an easement for public access, the immediately adjacent real property that is or was served by the underground storage tank.
(cc) "Permit" means any permit to operate an underground storage tank, including any addenda thereto, issued pursuant to this Article.
(dd) "Permittee" means any person to whom a permit is issued pursuant to this Article and any authorized representative, agent or designee of such person.
(ee) "Person" means an individual, trust, firm, joint stock company, corporation including a government corporation, partnership, association, city, county, city and county, district, the State, any department or agency thereof or the United States, to the extent authorized by federal law.
For the purpose of the application of this Article to the City and County of San Francisco, a "person" includes any office or department under any elected or appointed official or under any board or commission.
(ff) "Pipe" means pipe as defined in Sections 25281(l) and 25281.5 of the California Health and Safety Code.
(gg) "Primary response person" means the individual representing the business who can provide technical information and assistance in the event of a release or threatened release of hazardous materials and has full facility access, site familiarity and authority to make decisions for the business regarding implementation of appropriate site mitigation.
(hh) "Registered quantity limit" means the maximum amount of hazardous material that can be stored in an establishment pursuant to a certificate of registration. The Director shall set separate registered quantity limits for an establishment for which a certificate of registration is obtained in accordance with the requirements of this Article.
(ii) "Registrant" means any business to whom a certificate of registration is issued pursuant to this Article and any authorized representative, agent or designee of such business.
(jj) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous material into the environment unless permitted or authorized by a regulatory agency.
(kk) "Responsible party" means (i) for a hazardous materials release site, a person or business that owns, operates, occupies or controls the hazardous materials release site, or (ii) for a UST or establishment containing hazardous materials that is subject to closure under this Article, the person or business that owns or operates the UST or establishment and the owner of the real property upon which the UST or establishment is located.
(ll) "SIC Code" means the identification number assigned to specific types of businesses by the Manual of Standard Industrial Classification Codes, published by the United States Office of Management and Budget.
(mm) "Spill" means any uncontrolled release of a hazardous material.
(nn) "Storage" means the containment, handling, use, generation, processing, production, packaging, emitting, discharging, disposal or treatment of hazardous materials.
(oo) "Sump" means a pit or other subsurface container in which liquids collect.
(pp) "Threatened release" means 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.
(qq) "Trade secret" means trade secrets as defined in Subdivision (d) of Section 6254.7 of the California Government Code and Section 1060 of the California Evidence Code.
(rr) "Unauthorized release" means any release of any hazardous material that does not conform to the provisions of this Article or is not otherwise authorized by law or a governmental agency, including, but not limited to, the federal Environmental Protection Agency, the California Environmental Protection Agency, or the Department of Public Works pursuant to the San Francisco Industrial Waste Ordinance.
(ss) "Underground storage tank" means any one or combination of tanks, including pipes connected thereto, which is used for the storage of hazardous substances as defined in Subsection (f) of Section 25281 of the California Health and Safety Code and which is located substantially or totally beneath the surface of the ground.
"Underground storage tank" does not include any of the following:
(1) A tank with a capacity of 1,100 gallons or less which is located on a farm and which stores motor vehicle fuel used primarily for agricultural purposes and not for resale;
(2) A tank which is located on a farm, at a residence of a person, or under public property adjacent to the residence of a person, which has the capacity of 1,100 gallons or less, and which is used to store home heating oil for consumptive use on the farm or at the residence. A tank which is no longer used to provide home heating oil to the farm or residence is not exempted by this Section;
(3) Structures such as sumps, separators, storm drains, catchbasins, oil-field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separation sumps, lined and unlined pits. Sumps which are part of a monitoring system required under Sections 25291 or 25292 of the California Health and Safety Code and sumps or other structures defined as underground storage tanks under Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code are not exempted by this Section;
(4) A tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97; Ord. 179-10, File no. 100721, App. 7/23/2010)
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97; Ord. 42-00, File No. 000241, App. 3/24/2000; repealed by Ord. 56-03, File No. 030041, App. 4/11/2003)
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 42-00, File No. 000241, App. 3/24/2000; repealed by Ord. 56-03, File No. 030041, App. 4/11/2003)
(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97; repealed by Ord. 56-03, File No. 030041, App. 4/11/2003)