|
X25422 HEALTH AND SAFETY CODE 520 19 521
<br />Environmental data required by this chapter, standardized electronic
<br />format and protocol, see Public Resources Code § 71061.
<br />Environmental quality assessment, see Health and Safety Code § 5570 et
<br />-sul• -
<br />§ 25500. legislative findings and declaration
<br />The -Legislature declares that, in order to protect the public
<br />health and safety and the environment, it is necessary to establish
<br />business and area plans relating to the handling and release or
<br />threatened release of hazardous materials. The establishment
<br />of minimum statewide standards for these plans is a statewide
<br />concern. Basic information on the location, type, quantity, and
<br />the health risks of hazardous materials handled, used, stored, or
<br />disposed of in the state, which could be accidently released into
<br />the environment, is not. now. available to firefighters, health
<br />officials, planners, public safety- officers, health care providers,
<br />regulatory agencies, and other interested persons. The informa-
<br />tion provided by business and area plans is necessary in order to
<br />prevent or mitigate the damage to the. health and safety of
<br />personsand the environment from the release or threatened
<br />release of hazardous materials into the workplace and environ-
<br />ment..
<br />The Legislature further finds and declares that this chapter
<br />does not occupy the whole area of regulating the inventorying of
<br />hazardous materials: and the preparation of hazardous materials
<br />response plans by businesses and the.Legislature does not intend
<br />to preempt any local actions, -ordinances, orrregulations which
<br />impose additional or more stringent requirements on businesses
<br />whichhandle, hazardous materials. Thus, in- enacting this
<br />chapter, it is. not the intent of the Legislature to preempt or
<br />otherwise nullify any other statute or local ordinances containing
<br />the same or greater standards and protections. (Added by
<br />Stats.1985, c. 1167, §. 1.)
<br />§ 25501. Definitions
<br />Unless the context indicates otherwise, the following defini-
<br />tions govern the construction of this chapter.
<br />(a) "Administering. agency" means the local agency autho-
<br />rized, pursuant to Section 25502, to implement and enforce this
<br />chapter.
<br />(b) "Agricultural handler means an entity identified in
<br />paragraph (5) of subdivision (e) of Section 255035.
<br />(c) "Area plan" means a plan established pursuant to Section
<br />25503 by an -administering agency for emergency response to a
<br />release or threatened release of a hazardous material within a
<br />city or county.
<br />(d) "Business" means an employer, self-employed individual,
<br />trust, firm, joint stock company, corporation, partnership, or
<br />association.-- For purposes of this chapter, "business" includes a
<br />business organized for profit and a nonprofit business.
<br />(e) `Business plan" means a separate plan for each facility,
<br />site, or branch of a business which meets the requirements of
<br />Section 25504.
<br />(f) "Certification statement" means a statement signed by the
<br />business owner, operator, or officially designated representative
<br />that attests to alPof the following:
<br />(1) The information contained in the annual inventory form
<br />most recently submitted to the administering agency is complete,
<br />accurate, and up to date.
<br />(2) There has been no change in the quantity of any hazard-
<br />ous material as reported in the most recently submitted annual
<br />inventory form.
<br />(3) No hazardous materials subject to the inventory require-
<br />ments of this chapter are being handled that are not listed. on the
<br />most recently submitted annual inventory form.
<br />(4) The most recently submitted annual inventory form con-
<br />tains the information required by Section 11022 of Title 42 of the
<br />United States Code. ._
<br />(g)(1) "Certified Unified Program Agency" or "CUPA"
<br />means the agency certified by the secretary to implement the
<br />unified program specified in Chapter 6.11 (commencing with
<br />Section 25404) within a jurisdiction.
<br />(2) "Participating Agency" or "PA" means an agency which
<br />has a written agreement with the CUPA pursuant to subdivision
<br />(d) of Section 25404.3, and is approved by the secretary, to
<br />implement or enforce one or more of the unified program
<br />elements specified in paragraphs (4) and (5) of subdivision (c) of
<br />Section 25404, in accordance with the provisions of Sections
<br />25404.1 and 25404.2.
<br />(3) "Unified Program Agency" or "UPA" means the CUPA,
<br />or its participating agencies to the extent each PA has been
<br />designated by the CUPA, pursuant to a written agreement, to
<br />implement or enforce a particular unified program element
<br />specified in paragraphs (4) and (5) of subdivision (c) of Section
<br />25404. For purposes of this chapter, the UPAS have the
<br />responsibility and authority, to the extent provided by this
<br />chapter and Sections 25404.1 and 25404.2, to implement and
<br />enforce only those requirements of this chapter listed in
<br />paragraphs (4) and (5) subdivision of (c) t of Section 25404.
<br />The UPAS also have the responsibility and authority, to the
<br />extent provided by this chapter and Sections 25404.1 and
<br />25404.2, to implement and enforce the regulations adopted to
<br />implement the requirements. of this chapter listed in paragraphs
<br />(4) and (5) of subdivision (c) of Section 25404. After a CUPA
<br />has been certified by the secretary, the unified program agencies
<br />shall be the only local agencies authorized to enforce the
<br />requirementsof this chapter listed in paragraphs (4) and (5) of
<br />subdivision (c) of Section 25404 within the jurisdiction of the
<br />CUPA.
<br />(h) "City" includes any city and county.
<br />(i) "Chemical name" means the scientific designation of a
<br />substance in accordance with the nomenclature system devel-
<br />oped by the International Union of Pure and Applied Chemistry
<br />or the system developed by the Chemical Abstracts Service.
<br />(j) "Common name" means any designation or identification,
<br />such as a code name, code number, trade name, or brand name,
<br />used to identify a substance other than by its chemical name.
<br />(k) "Department". means the Department of Toxic Sub-
<br />stances Control and "director" means the Director of Toxic
<br />Substances Control -
<br />(l) "Emergency rescue personnel" means any public employ-
<br />ee, including, but not limited to, any fireman, firefighter, or
<br />emergency rescue personnel, as defined in Section 245.1 of the
<br />Penal Code, or personnel. of a local EMS agency, as designated
<br />pursuant to Section 1797.200, or a poison control center, as
<br />defined by Section 1797.97, who responds to any condition
<br />caused, in whole or in part, by a hazardous material that
<br />jeopardizes, or could jeopardize; public health or safety or the
<br />environment.
<br />(m) "Handle" means to use, generate, process, produce.
<br />package, treat, store, emit, discharge, or dispose of a hazardous
<br />material in any fashion.
<br />(n) "Handler" means any business which handles a hazardous
<br />material.
<br />(o) "Hazardous material" means any material that, because of
<br />its quantity, concentration, or phvsical or chemical characteris-
<br />tics, poses a significant present or potential hazard to human
<br />health. and safety or to the environment if released into the
<br />workplace or the environment. "Hazardous materials" include,
<br />but are not limited to, hazardous substances, hazardous waste.
<br />
|