§ 12.56.010. Definitions.

The following definitions govern the construction of this chapter:

A.

"Act" means the California Hazardous Waste Control Act, Chapter 6.5, Division 20, California Health and Safety Code. "Act" also includes all other statutes and regulations under which the county forester and fire warden is authorized to act as the local public officer as described in Section 12.52.010 of the county code.

B.

"Acutely hazardous material" or "AHM" means any chemical designated an extremely hazardous substance which is listed in Appendix A of Part 355 of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations.

C.

"Business" means the conduct of activity and is not limited to a commercial or proprietary activity.

D.

"Business activity" means any activity conducted by any person in furtherance of the business (regardless of whether such business is for profit) or employment at any location other than a residence.

E.

"Business concern" means any sole proprietorship, corporation, association, firm, partnership, trust, or other form of commercial organization.

F.

"Chief" means the division chief of the health hazardous materials division of the forester and fire warden. "Chief" also means any authorized representative of the forester and fire warden charged with the enforcement of the Act.

G.

"Extremely hazardous waste" means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantity, concentration, or chemical characteristics.

H.

"Forester and fire warden" means the forester and fire warden of the county of Los Angeles and the Consolidated Fire Protection District of Los Angeles County.

I.

"Handle" means to use, generate, process, produce, package, treat, store, emit, discharge, act as a transporter of, or dispose of a hazardous or acutely hazardous material in any fashion. "Handle" also includes the use or potential use of a quantity of hazardous or acutely hazardous material by the connection of any marine vessel, tank vehicle, tank car or container to a system or process for any of the above purposes or activities.

J.

"Handler" means any business which handles a hazardous material or acutely hazardous material, except where all of the acutely hazardous materials present at the business are handled in accordance with a removal or remedial action taken pursuant to the Carpenter-Presley-Tanner Hazardous Substance Account Act (Chapter 6.8 (commencing with Section 25300) of the California Health and Safety Code).

K.

"Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, acutely hazardous materials, hazardous substances, hazardous waste, petroleum products, and any material which a handler or the administering agency has reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or environment.

L.

"Hazardous substance" means any hazardous substance included in Section 25316 of the California Health and Safety Code or in Section 6382 of the California Labor Code.

M.

"Hazardous waste" means a waste, or combination of wastes, as defined in Section 25117 of the California Health and Safety Code or a waste that is hazardous according to the criteria set forth in Chapter 10, Division 4.5, Title 22 of the California Code of Regulations.

Unless expressly provided otherwise, the term "hazardous waste" shall be understood to also include extremely hazardous waste.

N.

"Mitigate" means actions by the forester and fire warden to monitor or model ambient levels of airborne hazardous substances for the purpose of determining or assisting in the determination of whether or not to evacuate areas where the incident originates on/or around the property where the incident originates, or to determine or assist in the determination of which areas on or around the property where the incident originates should be evacuated. "Mitigate" also means any actions taken to stop, contain or minimize the effects of a release of a hazardous material.

O.

"Person" shall have the meaning as set forth in Section 25118 of the Act and means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, or corporation, including, but not limited to, a government corporation. "Person" also includes any city, county, city and county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law.

P.

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, unless permitted by a regulatory agency.

Q.

"Threatened release" means a condition creating a substantial probability of harm, when the probability and potential extent of harm makes it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to person, property or the environment.

R.

"Transportation incident site" means any highway, railway, waterway, or other property along with any land, water or atmospheric space immediately surrounding a transportation incident which involves the release or threatened release of a hazardous material from any vehicle or any portable tank, drum or container.

(Ord. 96-0062 § 3 (part), 1996.)