(a) "Regulated substances" means any material:
(1) In 40 CFR, Part 302.4, Table 302.4, as it exists or is hereinafter amended;
(2) In 40 CFR, Part 355, Appendix A, as it exists or is hereinafter amended;
(3) Which the Mayor or his designee may deem hazardous through future rules and regulations.
(4) If a container or storage vessel holds a mixture or solution of a regulated substance described hereinabove, then the concentration of regulated substance, in weight percent (greater than one percent (1%)), shall be multiplied by the mass (in pounds) in the vessel to determine the actual quantity of regulated substance therein.
(5) Notwithstanding the above, a food, beverage, cosmetic, tobacco product and drug packaged and intended to be sold for human consumption, and article as defined in 1513.02(k) are not regulated substances.
(b) "City" means any division, department or agency of the City of Toledo.
(c) "Threshold planning quantity" means:
(1) For substances listed in 40 CFR Part 302.4, Table 302.4, one-tenth of the value indicated as the "Final RQ" for that substance in 40 CFR Part 302.4, Table 302.4, or one pound, whichever is greater;
(2) For substances listed in 40 CFR Part 355, Appendix A, one-tenth of the value indicated as the "threshold planning quantity" for that substance in 40 CFR Part 355, Appendix A, or one pound, whichever is greater.
(Ord. 403-89. Passed 5-2-89.)
(d) "Material Safety Data Sheet" (MSDS) means that which is required by 29 CFR 1910.1200.
(e) "Facility or facilities" means those premises that are subject to inspection by the Division of Fire, pursuant to Chapter 1511 as it exists or is hereinafter amended.
(f) "Regulated substance inventory form" means the form created by the City for the reporting of information required pursuant to this chapter.
(g) "Spill Prevention Control and Countermeasure Plan" (SPCC Plan) means any plan required by 40 CFR 112, 40 CFR 151 or Section 930.09.
(h) "Contingency plan" means any plan required by 40 CFR 264 and 40 CFR 265.
(i) "OSHA" refers to the Occupational Safety and Health Act of 1970 as amended and regulations promulgated under that Act.
(j) "Emergency planning area" means each regulated facility shall be considered a single emergency planning area unless the Chief, Division of Fire or his designee determines otherwise.
(k) "Article" means a manufactured item:
(1) Which is a solid under normal conditions or use;
(2) Which was formed into a specific shape or design during manufacture;
(3) Which as end use functions dependent in whole or in part upon its shape or design during end use; and
(4) Which does not release a regulated substance under normal conditions of use of that item.
(Ord. 566-88. Passed 6-14-88; Ord. 183-13. Passed 4-16-13)