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<br />MISCELLANEOUS PROVISIONS
<br />and any material which a handler or the administering aeency
<br />has a reasonable basis for believing that it would be injurious to
<br />the health and safety of persons or.harmful to the environment if
<br />released into the workplace or the environment.
<br />(p) "Hazardous substance" means any substance or chemical
<br />product for which one of the following applies:
<br />(1) The manufacturer or producer is required to prepare a
<br />MSDS for the substance or product pursuant to the Hazardous
<br />Substances Information and Training Act (Chapter 2.5 (com-
<br />mencing with Section 6360) of Part I of Division 5 of the Labor
<br />Code) or pursuant to any applicable federal law or regulation.
<br />(2) The substance is listed as a radioactive material in
<br />Appendix B of Chapter 1 of Title 10 of the Code of.Federal
<br />Regulations, maintained and updated by the Nuclear Regulatory
<br />Commission.
<br />(3) The substances listed pursuant to -Title 49 of the Code of
<br />Federal Regulations.
<br />(4) The materials listed in subdivision (b) of Section 6382 of
<br />the Labor Code.
<br />(q) "Hazardous waste" means hazardous waste, as defined by
<br />Sections 25115, 25117, and 25316.
<br />(r) "Office" means the Office of Emergency Services.
<br />(s) "Release" means any spilling, leaking, pumping, pouring,
<br />emitting, emptying, discharging, injecting, escaping, leaching,
<br />dumping, or disposing into the environment, unless permitted or
<br />authorized by a regulatory agency.
<br />(t) "Secretary" means the Secretary for Environmental Pro-
<br />tection.
<br />(u) "SIC Code" means the identification number assigned by
<br />the Standard Industrial Classification Code to specific types of
<br />businesses.
<br />(v) "Threatened release" means a condition creating a sub-
<br />stantial probability of harm, when the probability and potential
<br />extent of harm make it reasonably necessary to take immediate
<br />action to prevent, reduce, or mitigate damages to persons,
<br />property, or the environment.
<br />(w) "Trade secret" means trade secrets as defined in subdivi-
<br />sion (d) of Section 62 1.7 of the Government Code and Section
<br />1060 of the Evidence Code.
<br />(x) "Unified Program Facility" means all contiguous land and
<br />structures, other appurtenances, and improvements on the land
<br />which are subject to the requirements of paragraphs (4) and (5)
<br />of subdivision (c) of Section 25404. (Added by Stats.1985, c.
<br />1167, § 1. Amended by Stats.1990, e. 1662 (S.B.2263), § 2;
<br />Gov.ReorgPdan No. I of 1991, § 121, eff. Juh, 17, 1991; Stars.
<br />1995, c. 639 (S.B.1191),-1 69,• Stats.1997, c. 664 (S.B.657), § 1.)
<br />I So in enrolled bill.
<br />Cross References
<br />Professional engineer or geologist indemnity agreements, hazardous
<br />materials, see Civil Code § 2782.6.
<br />§ 255OLL Hazardous substances listed in federal regulations
<br />Notwithstanding Section 25501, for purposes of this chapter, a
<br />hazardous substance specified in paragraph (3) of subdivision (k)
<br />of Section 25501 means those hazardous materials or substances
<br />listed in Parts 172 and 173 of Title 49 of the Code of Federal
<br />Regulations. (Added by Stats.1986, c. 463, § 1, eff. Judy 23,
<br />1986.)
<br />§ 25501.2. Materials not included in "store"
<br />For purposes -of the inventory. requirements of .this chapter,
<br />"store," as used in subdivision (i) of Section 25501, . does •not
<br />include the storage of hazardous materials which -am in transit or
<br />§ 25502
<br />which are temporarily maintained in a fixed facility for a period
<br />of less than 30 days during the course of transportation. (Added
<br />by Stats.1986, c. 463, § 2, eff. Jute 23, 1986. Amended by
<br />Stars.1995, c. 91 (S.B.975), § 67.)
<br />§ 255013. "Handle" defined
<br />"Handle" also means the use or potential for use of a quantity
<br />of hazardous material by the connection of any marine vessel,
<br />tank vehicle, tank car, or container to a system or process for any
<br />purpose other than the immediate transfer to or from an
<br />approved atmospheric tank or approved portable tank. (Added
<br />try Stau.1991, c. 1183 (A.B.928), § 7.)
<br />§ 25501.4. Public agencies included in definition of 'business"
<br />Notwithstanding subdivision (d) of Section 25501, "business"
<br />also includes the federal government, to the extent autbciized by
<br />federal law, or any agency, department, office, board, commis-
<br />sion, or bureau.of state government, including, but not limited
<br />to, the campuses of the California Community Colleges, the
<br />California State University, and the University of California.
<br />(Added by Stats.1988, c. 1585, § 2. Amended by Stats.1995, c."91
<br />(S.B.975), § 68,• Swts.1997, c. 664 (S.B.657), § 2.)
<br />Cross References
<br />Waiver of fees, -see Health and Safety Code § 25513.
<br />§ 25502. Implementation of chapter, responsii,:lity -
<br />(a) (1) This chapter, as it pertains to the handling of
<br />hazardous material, -shall be implemented by one of the follow-
<br />ing:
<br />(A) If there is a CUPA, the unified program agency.
<br />(B) If there is no CUPA, one of the following:
<br />(i) Before January 1, 1997, the county or a city, pursuant to
<br />subdivision (b).
<br />(ii) On and after January 1, 1997, the agency authorized
<br />pursuant to subdivision (f) of Section 25404.3.
<br />(2) The agency responsible for implementing this chapter
<br />shall ensure -full access to, and the availability of, information
<br />submitted under this chapter to emergency rescue personnel and
<br />other appropriate governmental entities within its jurisdiction.
<br />(b) (1) -Prior toJanuary1, 1997, if there is no CUPA, a city
<br />may, by ordinance or resolution, assume responsibility for the
<br />implementation of this chapter and, if so, shall have exclusive
<br />jurisdiction within the boundary of the city for the purposes of
<br />taming out this chapter. The ordinance shall require that any
<br />person who violates Section .5507 shall be subject to the
<br />penalties specified in Section 25515. A city which assumes
<br />responsibility for implementation of this chapter shall provide
<br />notice of its ordinance or resolution to the office and to the
<br />administrating -agency of its county. It shall also consult with,
<br />and coordinate its activities with, the county in which the city is
<br />located to avoid duplicating efforts or any misunderstandings
<br />regarding the areas, duties, and responsibilities of each adminis-
<br />tering agency.
<br />(2) No city may assume responsibility for the implementation
<br />of this chapter unless it has enacted an implementing ordinance
<br />or adopted an implementing resolution not later than 60 days
<br />after the office adopts regulations pursuant to Section 25503,
<br />except that a city may enact an implementing ordinanceor adopt
<br />an implementing resolution.after this 60–day period, if it has an
<br />agreement with the county.to do so.. Any new city has one year
<br />from the date of incorporation to enact an ordinance or adopts
<br />resolution implementing this chapter.
<br />(3) A city's authorization for implementing this chapter,
<br />pursuant to this subdivision, shall remain in effect only until a
<br />CUPA is certified or until January 1, 1997, -whichever is;earlier.
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