§ 9.48.020 — Definitions

9.48.020 - Definitions.

Business means all of the following: a. An employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, limited liability partnership or company, or other business entity. b. A business organized for profit and a nonprofit business. c. The federal government, to the extent authorized by law. d. An 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 including educational institutions. e. An agency, department, office, board, commission, or bureau of a city, county, or district. f. A handler that operates or owns a unified program facility. California Environmental Protection Agency or CalEPA means the California Environmental Protection Agency for the State of California. Certified Unified Program Agency or CUPA means the agency certified by the secretary to implement the unified program specified in Health and Safety Code (HSC), Chapter 6.11(commencing with Section 25404) within a jurisdiction. Compressed gas means a material, or mixture of materials, that meets either of the following: a. The definition of compressed gas or cryogenic fluid found in the California Fire Code. b. Compressed gas that is regulated pursuant to Part 1 (commencing with Section 6300) of Division 5 of the Labor Code. Consumer product means a commodity used for personal, family, or household purposes, or is present in the same form, concentration, and quantity as a product prepackaged for distribution to and use by the general public. Cumulative quantity means the total amount of hazardous materials categorized into one Department of Transportation, Hazard Class number, as described in 49 Code of Federal Regulations (CFR). Department of Environmental Health (DEH) means the County of Riverside Department of Environmental Health. Emergency response personnel means a public employee, including, but not limited to, a firefighter or emergency rescue personnel, or personnel of a local emergency medical services (EMS) agency, as designated pursuant to HSC Section 1797.200, who is responsible for response, mitigation, or recovery activities in a medical, fire, or hazardous material incident, or natural disaster where public health, public safety, or the environment may be impacted. Fire Code Official means the Fire Chief of the Riverside Fire Department or other designated authority charged with the administration and enforcement of the fire code, or a duly authorized representative. Handle means all of the following: a. To use, generate, process, produce, package, treat, store, emit, discharge, or dispose of a hazardous material in any fashion. b. The use or potential use of a quantity of hazardous material by the connection of a marine vessel, tank vehicle, tank car, or container to a system or process for any purpose. c. The use or potential use of a quantity of hazardous material by the connection of a marine vessel, tank vehicle, tank car, or container to a system or process for any purpose. d. For purposes of subparagraph (c), the use or potential use does not include the immediate transfer to or from an approved atmospheric tank or approved portable tank that is regulated as loading or unloading incidental to transportation by Title 49 of the Code of Federal Regulations. Handler means a business that handles a hazardous material. Hazardous material means a material, 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, or a material specified in an ordinance adopted pursuant to paragraph (f). Hazardous materials include any product or waste that has been abandoned, discarded, or recycled on the property and as a result represents a continuing hazard. A hazardous material also includes any contaminated soil or groundwater. Hazardous materials include all of the following: a. A substance or product for which the manufacturer or producer is required to prepare a material safety data sheet (MSDS or SDS) pursuant to the Hazardous Substances Information and Training Act (Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5 of the Labor Code) or pursuant to any applicable federal law or regulation. b. A substance listed as a radioactive material in Appendix B of Part 30 (commencing with Section 30.1) of Title 10 of the Code of Federal Regulations, as maintained and updated by the Nuclear Regulatory Commission. c. A substance listed pursuant to Title 49 of the Code of Federal Regulations. d. A substance listed in Section 339 of Title 8 of the California Code of Regulations. e. A material listed as a hazardous waste, as defined by HSC Sections 25115, 25117, and 25316. f. The governing body of a unified program agency may adopt an ordinance that provides that, within the jurisdiction of the unified program agency, a material not listed by definition as a hazardous materials is a hazardous material for purposes of this article if a handler has a reasonable basis for believing that the material would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment, and requests the governing body of the unified program agency to adopt that ordinance, or if the governing body of the unified program agency has a reasonable basis for believing that the material would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. The handler or the unified program agency shall notify the secretary no later than 30 days after the date an ordinance is adopted pursuant to this paragraph. Hazardous materials permit means a permit issued pursuant by the CUPA for the following unified hazardous waste and hazardous materials management regulatory programs: a. Hazardous materials release response plans and inventories (Business Plans), b. California Accidental Release Prevention (CalARP) Program, c. Underground Storage Tank Program, d. Aboveground Petroleum Storage Act, e. Hazardous Waste Generator and Onsite Hazardous Waste Treatment (tiered permitting) Programs, f. California Fire Code: Hazardous Material Management Plans and Hazardous Material Inventory Statements. For the purpose of this chapter, a hazardous materials permit encompasses the permitting requirements of HSC Section 25404.6 and Chapter 16.32 of this Code. Minor violation means the failure of a person to comply with a requirement or condition of an applicable law, regulation, permit, information request, order, variance, or other requirement, whether procedural or substantive, of the unified program that the UPA is authorized to implement or enforce pursuant to this chapter. Class II violation means a chronic or a recalcitrant violator, as provided in HSC Section 25404. Class I violation means any of the following: a. A violation that results in injury to persons or property, or that presents a significant threat to human health or the environment. b. A knowing, willful, or intentional violation. c. A violation that is a chronic violation or that is committed by a recalcitrant violator. In determining whether a violation is chronic or a violator is recalcitrant, the UPA shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to applicable regulatory requirements. d. A violation that results in an emergency response from a public safety agency. e. A violation that enables the violator to benefit economically from the noncompliance, either by reduced costs or competitive advantage. Office means the Office of Emergency Services. Participating Agency or PA means the City of Riverside Fire Department, which has a written agreement with the CUPA pursuant to subdivision (d) of HSC Section 25404.3, and is approved by the secretary, to implement or enforce one or more of the unified program elements specified in subdivision (c), in accordance with Sections 25404.1 and 25404.2. Permittee means a business or person that holds a permit issued by the CUPA. Secretary means the Secretary of the California Environmental Protection Agency. Spill prevention, control, and countermeasure plan or SPCC means the document required by Code of Federal Regulations 112.3 that details the equipment, workforce, procedures, and steps to prevent, control, and provide adequate countermeasures to a discharge of petroleum products. Substantial change means any change in a regulated facility that would inhibit immediate response during an emergency by either site personnel or emergency response personnel, or that could inhibit the handler's ability to comply with HSC Section 25507, change the operational knowledge of the facility, or impede implementation of the Business Plan. Trade secret means trade secrets as defined in either subdivision (d) of Section 6254.7 of the Government Code or Section 1061 of the Evidence Code. Transportation incident site means any highway, railway, waterway or other property along with any land, water or atmospheric space immediately surrounding a transportation incident which involves the release or threatened release of a hazardous material from any vehicle, portable tank, drum or container. Unified Program Agency or UPA means the City of Riverside Fire Department which has been designated by the CUPA, pursuant to a written agreement, to implement or enforce a particular unified program element specified in HSC Section 25404(c). The UPA has the responsibility and authority to implement and enforce the requirements listed in 25404(c), and the regulations adopted to implement the requirements listed in 25404(c), to the extent provided by HSC Chapter 6.5 (commencing with Section 25100), Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing with Section 25280), Chapter 6.95 (commencing with Section 25500), and Sections 25404.1 and 25404.2. After a CUPA has been certified by the secretary, the unified program agencies and the state agencies carrying out responsibilities under this chapter shall be the only agencies authorized to enforce the requirements listed in Subdivision 25404(c) within the jurisdiction of the CUPA. Unified Program Consolidated Form (UPCF) means the form designed for use by businesses providing a standardized format. This document consolidates information regulated businesses are required to provide for different program elements to the CUPA. Unified Program Facility or facility means all contiguous land and structures, other appurtenances and improvements on the land which are subject to the requirements listed in subsection 25404(c) of the Health and Safety Code.

(Ord. 7614 § 1, 2022; Ord. 7494 § 3, 2019; Ord. 7330 § 1, 2016; Ord. 5569 § 1, 1987; Ord. 5134 § 1, 1983)