Ord 1874 - AMENDING CHAPTER 35, ARTICLE 2, SECTION 35.020.005 OF THE TOWN CODE ESTABLISHING HAZARDOUS MATERIALS REGULATIONSORDINANCE 1874
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 35,
ARTICLE II, SECTION 35.020.005 OF THE TOWN CODE ESTABLISHING
HAZARDOUS MATERIALS REGULATIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
Article II of Chapter 35, section 35.020.005 of the Town Code is hereby repealed in
its entirety.
SECTION II
Article II of Chapter 35, section 35.020.005 of the Town Code is enacted to read as
follows:
SECTION III
MATERIALS REGULATED
Section 35.020.005 - Materials Regulated
ated
The materials regulated by this chapter shall consist of the following:
(a) Any "hazardous material', "extremely hazardous material ", "hazardous waste ",
and /or "extremely hazardous waste" as defined, listed and /or identified in Chapters 10
and /or 11 of Division 4.5 of Title 22 of the California Code of Regulations, as may be
amended from time to time; or
(b) Any hazardous substance as defined in 42 U.S.C. 9601(14), and /or as
designated in regulations promulgated pursuant to 42 U.S.C. 9602(a), as such statutes
and /or regulations may be amended from time to time, except that the term hazardous
substance as used herein shall include petroleum, natural gas, natural gas liquids, liquefied
natural gas and synthetic gas usable for fuel; or
(c) Any material which is classified by the National Fire Protection Association
(NFPA) as either a flammable liquid, a Class II combustible liquid or a Class IIIA
combustible liquid; or
(d) Any material which is listed by the Director of the Department of Industrial
Regulations in Title 8, California Administrative Code Section 339, as amended, excluding
all footnotes thereto and subject to the exclusions specified in this subsection. Such
exclusions shall apply only to materials which are not otherwise regulated pursuant to this
Section. These exclusions shall be as follows:
(1) Materials recognized in the official United States Pharmacopoeia,
official Homeopathic Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them if such materials are intended for use
in diagnosis, cure, mitigation, treatment, or prevention of disease in man or other
animals; hormones; enzymes; and aflatoxins.
(2) Aluminum salts; Asphalt fumes; Atrazine; Benomyl; Bis
(dimethylthiocarbamoyl) disulfide; Boron oxide; 4- tert - Butyl -2- chlorophenyl- menthyl
methylphosphoramidate; Camphor; Carbon black; 2- Chloro -6 (trichloromethyl)
pyridine; Clopidol; Coal tar pitch volatiles; Cotton dust; Dibenzoyl peroxide (Benzoyl
peroxide); Dicyclopentadienyl iron; 3,5- Dinitro- o- toluamide; 2,6-Di- tert - butyl -p-
cresol; Ferbam; Fumaric acid; Glass, Fibrous or dust; Graphite, Helium; Iron Oxide;
Iron salts, Magnesium oxide; Mica; Mineral wood fiber; Oil mist; Phenothiazine;
Phenyl ether; Phenyl ether - disphenyl (eutectic mixture), vapor; Phthalic anhydride;
m- Phtalodinitrile; Polytetrasluoreoethylene Decomposition products; Rhodium salts;
Ronnel; Rosin core solder; Rotenone, commercial; Silica„ Soapstone, Talk; Tantalum
oxide; Terphenylis; and 4,4'- Thiobis (6 -tert- butyl -m- cresol).
(e) Any material which has been determined to be hazardous based upon any
appraisal or assessment by or on behalf of the party storing this material in compliance with
the requirements of the EPA or the California Department of Health Services, or which
should have been, but was not, determined to be hazardous due to the deliberate failure
of the party storing the material to comply with the requirements of the EPA and /or the
Department of Health Services; or
(f) Any material which has been determined by the party storing it, through testing
or other objective means, to be likely to create a significant potential or actual hazard to
public health, safety or welfare. This subsection shall not establish a requirement to test
for the purpose of this chapter.
This ordinance takes effect 30 days after it is adopted. Within 15 days after this
ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper
of general circulation published and circulated in the Town.
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This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on October 7,1991 and adopted by the following vote as an ordinance
of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los
Gatos on October 21, 1991.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Mayor Brent N. Ventura
NAYS: None
ABSENT: None
ABSTAIN: Eric D. Carlson
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
')U
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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