17.21.060 Hazardous materials release response plans and inventory (business plan).
A. Any person or business who stores, handles or uses a hazardous material shall annually, or more frequently, submit a completed Business Plan as directed by the CUPA. If at the time of annual submittal there have been no changes in the types or quantities of hazardous materials stored, handled or used, the submittal may be in the form of a certification page to that effect.
B. An amendment to the Business Plan shall be filed within thirty days of any of the following changes to the Business Plan:
1. A change in the quantity of a previously reported hazardous material that exceeds an increase or decrease of ten percent or more of a hazardous material;
2. The storage, handling or use of a previously undisclosed hazardous material;
3. Changes in any elements of the Business Plan required in Section 17.21.070 of this chapter;
4. Additional reporting requirements as specified in Section 17.21.080 of this chapter.
C. The amendment to the Business Plan required by subsection B shall contain only new information or information about a specific change and shall not require the resubmittal of an entire Business Plan.
D. Any business engaged exclusively in the following types of operation shall be exempt from the permit process. A disclosure form may be required for record-keeping purposes or baseline declaration of hazardous materials storage as determined by the CUPA.
1. Hazardous materials contained solely in a consumer product for direct distribution to, and use by, the general public is exempt from the Business Plan requirements unless the CUPA has found, and has provided notice to the business handling the product, that the handling of certain quantities of the product requires the submission of a Business Plan, or any portion thereof, in response to public health, safety, or environmental concerns;
2. Oxygen and nitrous oxide, ordinarily maintained by a physician, dentist, podiatrist, veterinarian, or pharmacist, at his or her office or place of business, stored at each office or place of business in quantities of not more than one thousand aggregate cubic feet at standard temperature and pressure of each hazardous material;
3. Certain inert compressed gases stored in quantities of not more than six thousand cubic feet at standard temperature and pressure: air, carbon dioxide, helium, neon, and nitrogen.
4. Compressed propane gas used solely for cooking, water heating and space heating in quantities of not more than one hundred twenty-five gallons at standard temperature and pressure;
5. Flammable liquids stored in approved safety containers in aggregate quantities of five gallons or less. Flammable liquefied gases twenty-five gallons or less, aggregate.
6. Single Oxy/Acetylene welding tank assembly with no additional tanks permitted in storage or use.
E. When determined by the CUPA, wholesale and retail occupancies that store amounts of hazardous materials in consumer packaging for direct sale to the general public may be exempt from completing some portions of a Business Plan under the following conditions:
1. Packages are not opened, used, mixed, or otherwise disturbed,
2. The individual containers of nonflammable hazardous materials do not exceed five gallons or one hundred pounds. UFC 8001.12.3.7.
3. The aggregate amounts of flammable and combustible liquids do not exceed exempted amounts listed in UFC Table 7902 B.
If a wholesale or retail occupancy qualifies for this exemption then only Range 1 reporting and fees are required.
F. The CUPA finds that exemptions set forth in subsection D are appropriate because the hazardous materials and quantities exempted do not pose a present threat to human health or the environment, considering their intended use and chemical properties.
(Ord. 2062 NCS §1 (part), 1997.)