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§ 25503.4 HEALTH AND SAFETY CODE
<br />5213
<br />Water Resources Control Board, the Department of Fish and
<br />Game, and the department shall convene workshops and other
<br />public meetings to obtain public- assistance on the development
<br />of the format. (Added by Stats.1993, c. 630 (A 81451), § 6.)
<br />§ 255035. Business plan for emergency response; exemptions;
<br />emergency rescue personnel
<br />(a) Any business, except as provided in subdivisions (b) and
<br />(c), that handles a hazardous material or a mixture containing a
<br />hazardous material'that has a quantity at any one time during the
<br />reporting year equal to, or greater than, a total weight of 500
<br />pounds, or a total volume of 55 gallons, or 200 cubic feet at
<br />standard temperature and pressure for compressed gas, or, if the
<br />substance is a radioactive material that is handled in quantities
<br />for which an emergency plan is required to be adopted pursuant
<br />to Part 30 (commencing with Section 30. 1), Part 40 (commencing
<br />with Section 40.1), or Part 70 (commencing with Section 70.1), of
<br />Chapter 10 of Title 10 of. the Code of Federal Regulations (54
<br />Federal Register 14051), or pursuant to any regulations adopted
<br />by the state in accordance with those regulations, shall establish
<br />and implement a business plan for emergency response to a
<br />release or threatened release of a hazardous material in accor-
<br />dance with the standards prescribed in the regulations adopted
<br />pursuant to Section 25503: In meeting the requirements of this
<br />subdivision, a business may, if it elects to do so, use the format
<br />adopted pursuant to Section 25503.4.
<br />(b)(1) Oxygen, nitrogen, and nitrous oxide, ordinarily main-
<br />tained by a physician, dentist, podiatrist, veterinarian, or phar-
<br />macist, at his or her office or place of business, stored at each
<br />office or place of business in quantities of not more than 1.000
<br />cubic feet of each material at any one time, are exempt from this
<br />section and from Section 25505. The administering agency may
<br />require a one-time inventory of these materials for a fee not to
<br />exceed fifty dollars ($50) to pay for the costs incurred by the
<br />agency in processing the inventory forms.
<br />(2)(A) Lubricating oil is exempt from this section and Sec-
<br />tions 25505 and 25509, for a single business facility, if the total
<br />volume -of each type of lubricating oil handled at that facility
<br />does not exceed 55 gallons and the total volume of all types of
<br />lubricating oil handled -at that facility does not exceed 275
<br />gallons, at any one time.
<br />" (B) For purposes of this paragraph, "lubricating oil" means
<br />any oil intended for use in an internal combustion crankcase, or
<br />the transmission, gearbox; differential, or hydraulic system of an
<br />automobile, bus, truck, vessel, plane, heavy equipment, or other
<br />machinery powered by an internal combustion or electric pow-
<br />ered engine. ."Lubricating oil" does not include used oil, as
<br />defined in subdivision (a) of Section 25250.1.
<br />(c)(1) Hazardous material contained solely in a consumer
<br />product for direct distribution to, and use by, the general public
<br />is exempt from the business plan requirements of this chapter
<br />unless the administering agency has found, and has provided
<br />notice to the business handling the product, that the handling of
<br />certain quantities of the product requires the submission of a
<br />business plan, or any portion thereof, in response to public
<br />health, safety, or environmental concerns.
<br />(2) In addition to the authority specified in paragraph (4), the
<br />administering agency may, in exceptional circumstances, follow-
<br />ing notice and public hearing, exempt from the inventory
<br />provisions of this chapter any hazardous substance specified in
<br />subdivision (k) of Section 5501 if the administering agency fords
<br />that the hazardous substance would not pose a present or
<br />potential danger to the environment or to human health and
<br />safety if the hazardous substance was released into the environ-
<br />ment. The administering agency shall specify in writing the basis
<br />for granting any exemption under this paragraph. The adminis-
<br />tering agency shalt send a notice to the office within five days
<br />from the effective date of any exemption granted pursuant to this
<br />paragraph.
<br />(3) The administering agency, upon application by a handler,
<br />may exempt the handler, under conditions that the administering
<br />agency determines to be proper, from any portion of the business
<br />plan, upon a written finding that the exemption would not pose a
<br />significant present or potential hazard to human health or safety
<br />or to the environment or affect the ability of the administering
<br />agency and emergency rescue personnel to effectively respond to
<br />the release of a hazardous material, and that there are unusual
<br />circumstances justifying the exemption. The administering
<br />agency shall specify in writing the basis for any exemption under
<br />this paragraph.
<br />(4) .The administering agency, upon application by a handler,
<br />may exempt a hazardous material from the inventory provisions
<br />of this chapter upon proof that the material does not pose a
<br />significant present or potential hazard to human health and
<br />safety or to the environment if released into the workplace or
<br />environment. The administering agency shall specify in writing
<br />the basis for any exemption under this paragraph.
<br />(5) An administering agency shall exempt a business operat-
<br />ing a farm for purposes of cultivating the soil or raising or
<br />harvesting any agricultural or horticultural commodity from
<br />filing the information in the business plan required by subdivi-
<br />sions (b) and (c) of Section 25504 if all of the following
<br />requirements are met:
<br />(A) The handler annually provides the inventory of informa-
<br />tion required by Section 25509 to the county agricultural
<br />commissioner before January 1 of each year.
<br />(B) Each building in which hazardous materials subject to this
<br />chapter are stored is posted with signs, in accordance with
<br />regulations that the office shall adopt, that provide notice of the
<br />storage of any of the following:
<br />(i) Pesticides.
<br />(ii) Petroleum fuels and oil.
<br />(iii) Types of fertilizers.
<br />(C) Each county agricultural commissioner forwards the in-
<br />ventory to the administering agency within 30 days from the date
<br />of receipt of the inventory.
<br />(6) The administering agency shall exempt a business operat-
<br />ing an unstaffed remote facility located in an isolated sparsely
<br />populated area from the hazardous materials business plan and
<br />inventory requirements of this -article if the facility "is not
<br />otherwise subject to the requirements of applicable federal law,
<br />and all of the following requirements are met:
<br />(A) The types and quantities of materials onsite are Iimited to
<br />one or more of the following:
<br />(i) Five hundred standard cubic feet of compressed inert gases
<br />(asphyxiation and pressure hazards only).
<br />(ii) Five hundred gallons of combustible liquid used as a fuel
<br />source.
<br />(iii) Two hundred gallons of corrosive liquids used as electro-
<br />lytes in closed containers.
<br />(iv) Five hundred gallons.of lubricating and hydraulic fluids.
<br />(v) Twelve hundred gallons of -flammable gas usedas a fuel
<br />source. -
<br />(B) The facility is secured and not accessible to the public.
<br />(C) Warning signs are posted and maintained for hazardous
<br />materials pursuant to the. California Fire Code.
<br />(D) A one-time notification and inventory is provided to the
<br />administering agency along with a .processing fee in lieu of the
<br />existing fee. The fee shall not exceed the actual cost of
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