ORD 1734 - Laserfiche WebLink

Ordinance No. 1734 Page Nine Division II General Provisions SEC 89.201 (a) General. This article governs the storage, dispensing, use and handling of regulated materials. To the extent that the application of this article to the regislxation and use of pesticides is preempted by an express provision of an Act of Congress or a statute adopted by the State Legislature, this Chapter does not apply. (b) "Regulated Materials", including but not limited to gases, are those materials which meet the following criteria: (1) The material has an established Level of Concem (LOC) as defined in this Chapter; and (2) The materials meet either of the following criteria: a.. They are shipped in compressed gas cylinders and the material is or becomes or acts as a gas upon release at normal temperature and pressure (70 degree F and 760 mm Hg.); or b. The material is used or handled as a gas whether or not the material meets the definition of a compressed gas in 49 CFR 173.300(a). Materials which meet the foregoing criteria are subject to the provisions of this Chapter. (c) General Obligation (1) No person shall cause, suffer or permit the storage, handling, use, or dispensing of materials regulated by this Chapter: a. In a manner which is contrary to a provision of this Chapter or any other federal or state, or local statute, code, ordinance, rule, regulation or standard of performance relating to materials subject to this Chapter; or b. In a manner which causes an unauthorized discharge or which poses a significant risk of such unauthorized discharge. (2) A person responsible for a facility shall, as soon as he or she has knowledge of an unauthorized discharge from or at such facility, immediately notify the Fire Chief of such discharge.