§ 12.64.010. Definitions.

The following definitions govern the construction of this chapter:

A.

"Act" means Chapter 6.95 (commencing with section 25500) of Division 20 of the California Health and Safety Code.

B.

"Business" means an employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, limited liability company, or association. "Business" includes a business organized for profit and a nonprofit business. "Business" also includes every governmental agency.

C.

"Business Plan" means a separate plan for each unified program facility, site, or branch of a business that meets the requirements of section 25505 of the Act.

D.

"California Environmental Reporting System" (CERS) is a Statewide web-based system to support CUPA and Participating Agencies (PA) in electronically collecting and reporting various hazardous materials-related data as mandated by the California Health and Safety Code, including section 25404.

E.

"Certified Unified Program Agency" (CUPA) means the agency certified by the Secretary to implement the unified program specified in this chapter within the County of Los Angeles, pursuant to chapter 6.11 of the Act and the local agency authorized pursuant to section 25502 of the Act to implement and enforce the Act.

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.

"Compressed gas" shall have the same meaning as defined in Section 3002.1 of Title 32, Fire Code, of the Los Angeles County Code.

H.

"Covered process" means a process that has a regulated substance present in more than a threshold quantity.

I.

"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.

J.

"Handle" means to use, generate, process, produce, package, treat, store, emit, discharge, or dispose of a hazardous material or regulated substance in any fashion and includes the use or potential use of a quantity of hazardous material or regulated substance 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.

K.

"Handler" means any business which handles a hazardous material or regulated substance.

L.

"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, hazardous substances, hazardous waste, and any material which a handler or the CUPA 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.

M.

"Notice of violation" means a written notice issued to a handler or a business with a covered process by an authorized representative of the Forester and Fire Warden in the course of conducting an inspection which:

1.

Identifies violations of the Act or deviations from minimum standards and regulations adopted pursuant to the Act;

2.

Is presented to a person who is an owner or employee of the business being inspected; and

3.

States the nature of the violations or deviations, the means by which compliance with the permit conditions, rules, regulations, standards, or other requirements cited by the inspector may be achieved, and a time limit in which to comply, which shall not exceed 30 days.

N.

"Permittee" shall have the same meaning as defined in Section 12.50.010.

O.

"Process" means any activity involving a regulated substance, including any use, storage, manufacturing, handling, or onsite movement of the regulated substance or any combination of these activities. For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located so that a regulated substance could be involved in a potential release, shall be considered a single process.

P.

"Qualified person" means a person who is qualified to attest, at a minimum, to the completeness of an RMP.

Q.

"Regulated substance" or "RS" means any substance as defined in section 25532(g) of the Act.

R.

"Regulated substances accident risk" means a potential for the accidental release of a regulated substance into the environment that could produce a significant likelihood that persons exposed may suffer acute health effects resulting in significant injury or death.

S.

"Restaurant" shall have the same meaning as defined in Section 11.02.320 of Title 11, Health and Safety, of the Los Angeles County Code.

T.

"Risk management plan" or "RMP" means the risk management plan required under Part 68 (commencing with section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations and the California Health and Safety Code, Chapter 6.95, Article 2.

U.

"State threshold quantity" means the quantity of a regulated substance adopted by the State Office of Emergency Services pursuant to section 25543.1 or 25543.3 of the Act. Until the office adopts a state threshold quantity for a regulated substance, the state threshold quantity shall be the threshold planning quantity for the regulated substance specified in Appendix A of Part 355 of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations.

V.

"Stationary source" means any stationary source, as defined in section 68.3 of Title 40 of the Code of Federal Regulations.

W.

"Threshold quantity" or "TQ" means the quantity of a regulated substance that is determined to be present at a stationary source in the manner specified in section 68.115 of Title 40 of the Code of Federal Regulations and that is the lesser of either of the following:

1.

The threshold quantity for the regulated substance specified in section 68.130 of Title 40 of the Code of Federal Regulations;

2.

The state threshold quantity.

X.

"Unified program agency" or "UPA" means the CUPA, or its participating agencies to the extent each participating agency has been designated by the CUPA, pursuant to a written agreement, to implement or enforce a particular unified program element specified in paragraphs (4) and (5) of subdivision (c) of section 25404 of the Act.

Y.

"Unified program facility permit" shall have the same meaning as defined in Section 12.50.010.

(Ord. 2017-0035 § 4, 2017; Ord. 2010-0044 § 13, 2010; Ord. 2008-0050 § 38, 2008; Ord. 99-0046 § 4, 1999: Ord. 98-0049 § 4, 1998: Ord. 96-0062 § 5 (part), 1996.)