§ 8.42.060. Definitions.

The definitions of terms included in the applicable laws (see sections 8.42.030 and 8.42.040) shall apply to this Chapter. Definitions of certain terms that are used herein, are set forth in this section for easy reference. However, the following definitions are not intended, nor shall they be construed to change the definition of any term defined in the Act or the other provisions of law that apply to the unified program. In the event of conflict between the definitions in this Chapter and applicable state and/or federal law, the definition in the state or federal law, as the case may be shall govern.

"Administrator" means the unified program administrator, who shall be the OES, Emergency Services Manager or his/her designee.

"Closure" of a storage unit or facility that has received a permit under the unified program to handle hazardous materials or waste means the termination of handling of such hazardous materials and/or waste, and shall include the preparation and implementation of a closure plan that will meet the following objectives:

1.

Eliminate the need for further monitoring of the closed unit or facility;

2.

Ensure that there is no residual threat to public health or safety or the environment from possible release of hazardous materials and/or waste from the unit or facility; and

3.

Ensure that the removal, disposal and neutralization or reuse of the hazardous materials and/or waste handled by or released from the unit or facility, are accomplished in an appropriate manner.

"Handle" means to use, generate, process, package, treat, store, emit, discharge or dispose of a hazardous material in any manner.

"Handler" means a business that handles hazardous materials and/or generates wastes, and is subject to the provisions of the unified program and this Chapter.

"Hazardous material or waste" means any of the following:

1.

Any material classified as a hazardous material or hazardous substance by any of the provisions of law and applicable regulations incorporated by reference in this Chapter pursuant to Sections 8.42.030 and 8.42.040, hereof;

2.

Any waste classified as a hazardous waste by any of the provisions incorporated by reference in this Chapter pursuant to Section 8.42.030 and 8.42.040, hereof;

3.

Any material defined by the U.S. Environmental Protection Agency as an ozone depleter in Title 40 of the Code of Federal Regulations, part 82; or

4.

Any other material or waste designated as hazardous for purposes of this Chapter by the Administrator, upon a finding by the Administrator that the material or waste meets the requirements of Health and Safety Code Sections 25501 and 25501.4.

(Ord. 12057 § 1 (part), 1998)