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Item 35 Staff Report Adopt Ordinance Amending Section 35.020.005(A) and (B) Regarding Definition of Hazardous Materialsr COUNCIL AGENDA DATE: 10/21/91 ITEM NO. TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: OCTOBER 10, 1991 TO: MAYOR AND TOWN COUNCIL FROM: KATHERINE ANDERTON, TOWN ATTORNEY SUBJECT: ADOPT ORDINANCE AMENDING SECTION 35.020.005(A) AND (B) REGARDING DEFINITION OF HAZARDOUS MATERIALS RECOMMENDATION: Adopt the attached ordinance which was introduced at the Town Council meeting of October 7, 1991. PREPARED BY: KATHERINE ANDERTON, TOWN ATTORNEY KA:LMB:yfg 10/10/91 1:26 pm DISK003\A:\HAZMAT.ORD File # Attachments: Ordinance Distribution: Town Attorney Reviewed by. Manager Clerk Finance Treasurer Tr. COUNCIL ACTION/ACTION DIRECTED TO: C R41) 1?75L ORDINANCE 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TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I Article II of Chapter 35, section 35.020.005 of the Town Code is hereby repealed in its entirety.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 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. 2 This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 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 , 1991. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ORDINANCE 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 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. 2 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: A'1"1'EST: /s/ Brent N. Ventura MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 3 PROOF OF PUBLICA ,JN (2015.5 C.C.P.) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly -Times 245 Almendra Avenue, Los Gatos, CA, P.O. Box 339, Los Gatos CA 95031, a newspaper of general circulation, printed every Wednesday in the City of San Jose California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the county of Santa Clara, State of California, Case number 83631 dated May 27, 1952 that the notice of which the annexed is a printed copy (set in type not smaller than non-parell), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: all in the year of 19 Gf/ I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date at Los Gatos, California, this 11)6 J‘4 19c/-/ Filing Stamp PROOF OF PUBLICATION NOTE - CORRECTED VERSION ORDINANCE 1874 ORDINANCE OFTHE TOWN OF LOS GATOS AMENDING CHAPTER 35, ARTICLE II, SECTION 35.020.005 OF THE TOWN CODE ESTABLISH- ING HAZARDOUS MATERIALS REGU- LATIONS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION 1 Article II of Chapter 35, section 35.020.005 of the Town Code is hereby repealed in its entire- ty SECTION 1I 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 - Materi- als Regulated The materials regulated by this chapter shall consist of the fol- lowing: (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 Divi- sion 4.5 of Title 22 of the Cali- fomia 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 designat- ed in regulations promulgated pursuant to 42 U.S.C. 9602(a), as such statutes and/or regula- tions 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 clan- . sified by the National Fire Pro- tection Association (NFPA) as either a flammable liquid, a Class II combustible liquid or a Class IIIA combustible liquid; or (d) Any material which is list- ed by the Directorofthe Depart- ment of Industrial Regulations in Title 8, Califomia Administra- potential or actual hazard to tive Code Section 339, as public health, safetyorwelfare. amended, excluding all foot- This subsection shall not estab- notes thereto and subject to the fish arequirementtotest for the exclusions specified in this sub- purpose of this chapter. section. Such This ordinance takes effect 30 exclusions shall apply only to days after it is adopted. Within materials which are not other- 15 days after this ordinance is wise regulated pursuant to this adopted the Town Clerk shall Section. These exclusions shall cause itto be published one be as follows: a newspaper of general circu (1) Materials recognized in the tion published and circulated official United States Pharma- the Town. copoeia, official Homeopathic Pharmacopoeia of the United States, or official National For- mulary, 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) disul- fide; Boron oxide; 4-tert-Butyl-2-chlorophenyl-m enthyl 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, Heli- ._ um; Iron Oxide; Iron salts, Mag- nesium oxide; Mica; Mineral wood fiber; Oil mist; Phenoth- iazine; Phenyl ether, Phenyl ether-disphenyl (eutectic mix- ture), vapor, Phthalic anhydride; m-Phtalodinitrile; Polytetraslu- oreoethylene Decomposition products; Rhodium salts; Ron- nel; Rosin core solder, Rotenone, commercial; Silica„ Soapstone, Talk; Tantalum oxide; Terphenylis; and 4, 4'- T h i o b i s (6-tert-butyl-ncresol). (e) Any material which has been determined to be haz- ardous based upon any appraisal or assessment by or on behalf ofthe party storing this material in compliance with the requirements of the EPA or the Califomia 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 1n01 This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October 7, 1991and adopt- ed by the following vote as an ordinance of the Town of Los Gatos at a regular meeting ofthe Town Council of the Town of Los Gatos on October 21,1991. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blan- ton,Mayor Brent N. Ventura NAYS: None ABSENT: None ABSTAIN: Eric D. Carlson SIGNED:/s/ Brent N. Ventura MAYOR OF THE TOWN OF LOS GATOS ATTEST:/s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS PUB: 11/6/91 NOTE - CORRECTED VERSIO► BUILDING REGULATIONS/CHAPTER Motion by Mr. Blanton, seconded by • RDIN __ • : T • WN • 1 1 ARTI 1 11 • WN • •F 1!� . • i •F V T 1�f � 1C ATIwhich was introduced at the Town Council meeting of October 7, 1991. Carried by a vote of 4 ayes. Mr. Carlson abstained. VERBAL COMMUNICATIONS 1' Joe Bartlett, 16 6 Oak Hill Way, spoke to the council about potential Gat hazards foothill m brush anc overhanging trees particularly in regard to the canyons in the abatemen Council co nsensus that staff look into fire mitigation methods eds such d broaden d outlook t, trei pruning, roof standards, landscaping locations andmaterials, prevention. IV October 21, 1991 Los Gatos, California . • • 1 and making reference to the ELLENWOOD AVE CONTINUED • co rrected resolution appearing as a desk item in regards to the above -referenced subject matter. Carried by a vote of 4 ayes. Mr. Carlson abstained. WHITNEY AVE 110/1tESIDEN'TIAL/ AFSARI/APPEAL/RESOLUTION 1991-236 Resolution 1 � 1-23 6 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt- _ entitled, I TI F•RAPP'•V---• P T• DE • PR • ' , 1! M: _ R-1.11 j Carried by a vote of 4 ayes. Mr. Carlson abstained. XI ID L_-FAMI - IIEN E .•LI i y•N - HAZARDOUS oOUS MATERIALS/DEFINITION/SECTION 35.0 005/OR1NACE 74 Mton by Mr. Blanton, seconded by Mr. Attaway,Coadopt Ordinance 1874 entitled, y E II •F L• • �� D ` rL ' 1 1 1.1, • T• /w, • 1 _ which was introduced at the Town Council meeting of October 7, 1991. i e►TIONS E•ZI! •N QF[=ii Carried by a vote of 4 ayes. Mr. Carlson abstained. 7/TOWN CODE/ORDINANCE 1875 Mr. Attaway, that Council adopt Ordinance 1875 entitled, IN ARTI E ' TI I •! . • 12 11 VI E•II•N 1 11 2 1 AR I 2 N I DIN 5 •l�• 111 1 AT RELATED T• B TC:02: MM102191 .