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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER XIV. TOXIC GAS STORAGE

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER XIV.
TOXIC GAS STORAGE

ARTICLE 1.
GENERAL PROVISIONS

Sec. B11-360. Scope.

(a) This chapter governs the storage, dispensing, use and handling of regulated materials.

(b) The provisions of this chapter apply to all regulated materials, including Class I, Class II, Class III and minimum threshold quantities of regulated materials.

(c) This chapter applies to all new and existing facilities where regulated materials subject to this chapter are present.

(d) It is intended that this chapter supplement and be used in conjunction with the currently adopted revisions of the fire code and the Uniform Building Code.

(e) In the event of conflicting or overlapping regulatory provisions within the County Ordinance Code, the fire code and this chapter, the most stringent requirement will be applied.

(f) In the event of conflicting or overlapping regulatory provisions with a federal law or state law or regulation, unless the application of this chapter is expressly preempted by an act of Congress or enactment of the Legislature, the more stringent requirement will apply.

(g) This chapter does not apply to the registration and application of pesticides which is preempted by an act of Congress. Handling and storage of pesticide cylinders, however, must comply with all requirements of this chapter.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-361. General obligation.

No person may 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 imposes a significant risk of such unauthorized discharge.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-362. Definitions.

For words and phrases not defined in this chapter, the definitions set forth in the most recently adopted version of the fire code will control. In addition to the definitions in Chapter I, the following are defined for purposes of this chapter:

(a) Class I material means a material that has a median lethal concentration (LC50) in air of 200 parts per million or less by volume of gas or vapor, or two milligrams per liter or less of mist, fume or dust, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.

(b) Class II material means a material that has a LC50 in air more than 200 parts per million but not more than 3,000 parts per million by volume of gas or vapor, or more than two milligrams per liter but not more than 30 milligrams per liter of mist, fume or dust, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.

(c) Class III material means a material that has a LC50 in air more than 3,000 parts per million but not more than 5,000 parts per million by volume of gas or vapor, or more than 30 milligrams per liter but not more than 50 milligrams per liter of mist, fume or dust, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.

(d) Controls means a way to regulate materials to prevent unauthorized discharges.

(e) Control area means a building or portion of a building within which the exempted amounts of hazardous materials are allowed to be stored, dispensed, used or handled.

(f) Excess flow control means a fail-safe system designed to shut off flow due to rupture in pressurized piping systems.

(g) Exterior storage means a storage area enclosed by no more than two contiguous walls.

(h) Facility means any building, structure, installation, equipment, pipe, container, site, area, appurtenant structure or surrounding land area where regulated materials are stored, used, dispensed, handled, placed or otherwise have come to be located.

(i) Fire code means the Uniform Fire Code as most recently adopted or modified by the County.

(j) IDLH (immediately dangerous to life and health) means a concentration of airborne contaminants, normally expressed in parts per million (ppm) or milligrams per cubic meter, which represents the maximum level from which one could escape within 30 minutes without any escape-impairing symptoms or irreversible health effects. This level is established by the National Institute of Occupational Safety and Health (NIOSH). If adequate data does not exist for precise establishment of IDLH data, an independent certified industrial hygienist, industrial toxicologist or appropriate regulatory agency will make such determination.

(k) Inert construction materials means materials which, under reasonably foreseeable conditions, will not degrade or react upon contact with the regulated material to be contained.

(l) Lethal concentration (LC50) means the median lethal concentration level at which 50 percent of appropriate test animals die when exposed by inhalation for a scientifically appropriate specified time period. For the purposes of this chapter, LC50 values for a particular regulated material will be those established by the Department of Transportation (DOT). If DOT has not established an LC50 value for a particular regulated material, the LC50 value established by the Compressed Gas Association (CGA) will be used. If neither DOT nor CGA has established an LC50 value for a particular regulated material, the Department may use LC50 values from other available scientific sources.

(m) Maximum threshold quantity (Max. TQ) means the maximum quantity of a Class II or Class III regulated material which may be stored in a single vessel before a stricter category of regulation is required by this chapter. Max. TQ is determined by the following equation:

Max. TQ (pounds) = LC50 (ppm) 2

For the purpose of calculating the Max. TQ, storage tank, cylinder and piping systems which can be isolated in a manner approved by the Director may be designated as a separate storage vessel.

(n) Minimum threshold quantity (Min. TQ) means the aggregate quantity of regulated materials in a control area which, due to the minimal aggregate quantities present, need only comply with specific control requirements established in Section B11-384 and not with the specific requirements for Class I, II or III regulated materials. Min. TQ for mixtures will be based on the aggregate weight of the regulated components.

For other all regulated materials: Min. TQ = two pounds or less.

Minimum threshold quantity controls are set forth in Section B11-384.

(o) Permissible exposure limit (PEL) means the maximum permitted eight-hour time-weighted average concentration of an airborne contaminant. The maximum permitted time-weighted average exposures to be utilized are those published in 29 CFR Section 1910.1000.

(p) Portable tank means any packaging over 60 U.S. gallons (227.1 L) capacity and designed primarily to be loaded into or on or temporarily attached to a transport vehicle or ship and equipped with skids, mounting or accessories to facilitate handling of the tank by mechanical means. It does not include any cylinder having less than a 1,000 pound (453.5 kg) water capacity.

(q) Reduced flow valve means a valve equipped with a restricted flow orifice and inserted into a compressed gas cylinder, portable tank or stationary tank that is designed to reduce the maximum flow from the valve under full flow conditions. The maximum flow rate from the valve is determined with the valve allowed to flow to atmosphere with no other piping or fittings attached.

(r) Responsible persons means permittees under this chapter, owners, managers and persons responsible for the day-to-day operation of any facility subject to this chapter.

(s) Stationary tank means a packaging designed primarily for stationary installations not intended for loading, unloading or attachment to a transport vehicle as part of its normal operation in the process of use. It does not include cylinders having less than 1,000 pound (453.5 kg) water capacity.

(t) Toxic material means a material which produces a lethal dose or a lethal concentration within any of the following categories:

(1) A chemical or substance that has a median lethal dose (LD50) of more than 50 milligrams per kilogram but not more than 500 milligrams per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each.

(2) A chemical or substance that has a median lethal dose (LD50) of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours, or less if death occurs within 24 hours, with the bare skin of albino rabbits weighing between two and three kilograms each.

(3) A chemical or substance that has a median lethal concentration (LC50) in air more than 200 parts per million but not more than 2,000 parts per million by volume of gas or vapor, or more than two milligrams per liter but not more than 20 milligrams per liter of mist, fume or dust, when administered by continuous inhalation for one hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.

(u) Unauthorized discharge means a release or emission of materials in a manner which does not conform to the provisions of this Code or applicable public health and safety regulations.

(Ord. No. NS-517.72, § 2, 4-15-03)

Secs. B11-363, B11-364. Reserved.

ARTICLE 2.
MATERIALS REGULATED

Sec. B11-365. Materials regulated.

The materials regulated by this chapter, including but not limited to gases, are those materials which meet the following criteria:

(a) The materials fall under the definition of Class I, Class II or Class III materials; and

(b) The materials meet either of the following criteria:

(1) They are shipped in compressed gas cylinders and the material is or becomes or acts as a gas upon release at standard temperature and pressure (68° Fahrenheit and 760 mm Hg); or

(2) The material is used or handled as a gas whether or not the material meets the definition of a compressed gas set forth in the fire code.

Materials which meet the foregoing criteria are subject to the provisions of this chapter unless exempted by the Director based upon scientific evidence provided by a toxicologist or other professional acceptable to the Director.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-366. Exclusions and exemptions.

(a) Exclusion. To the extent that the application of this chapter to the registration 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) Exemption. Except as provided in Subsection (c) of this section, below, material which would otherwise be regulated is exempt from regulation under this chapter if the aggregate quantity of the material in a control area or exterior storage does not exceed the Min. TQ and the quantity of the material in a single vessel does not exceed the amounts specified as follows:

(1) One pound; or

(2) The concentration of the material is below the permissible exposure limit (PEL).

(c) Notwithstanding the exemption in Subsection (b) of this section, above, no amount of Class I regulated material is exempt from the requirements for flow-limiting devices and fire extinguishing systems found in Section B11-380, Subsections (k) and (l).

(Ord. No. NS-517.72, § 2, 4-15-03)

Secs. B11-367--B11-369. Reserved.

ARTICLE 3.
HAZARD CLASSIFICATION

Sec. B11-370. General.

Regulated materials will be classified as Class I, Class II, Class III or Min. TQ materials as defined in B11-362.

(a) The specified provisions required by this chapter are in addition to those requirements specified in the fire code. Requirements for controls for the use or indoor storage of regulated materials will be cumulative as the hazard class of regulated material increases in accordance with the following table:

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HAZARD CLASSIFICATIONS AND CONTROLS
Hazard ClassificationHazard Controls
Class IIncludes Division II, Class I, Class II, Class III, minimum threshold quantity and exempt amount controls
Class IIIncludes Division II, Class II, Class III, minimum threshold quantity and exempt amount controls
Class IIIIncludes Division II, Class III, minimum threshold quantity and exempt amount controls
Minimum Threshold QuantityIncludes Division II, minimum threshold quantity and exempt amount controls
Exempt AmountsOther applicable statutes, codes and ordinances

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(b) All control equipment for materials regulated by this chapter must meet appropriate nationally recognized standards, if any, approved by the Director.

(c) Halogenated, non-carbon based gases may hydrolyze to their base mineral acid upon contact with moisture. Therefore, the monitoring and compatibility requirements of this chapter will apply to their decomposition products.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-371. Calculations for determining the class of mixtures.

(a) The LC50 value for mixtures containing regulated materials must be calculated using the following formula:
LC50 of Gas Mixture (ppm) =1 (molar fraction of toxic component)/(ppm LC50 of toxic component)

(b) If more than one toxic component is present, the LC50 value will be calculated using the following formula:
LC50 of Gas Mixture (ppm) =1 n [(fi) / (LC50i)] i = 1

where fi is the mole fraction of the ith toxic component of the gas mixture and LC50i is the LC50 of the ith toxic component of the gas mixture.

(Ord. No. NS-517.72, § 2, 4-15-03)

Secs. B11-372--B11-379. Reserved.

ARTICLE 4.
CONTROLS

Sec. B11-380. General controls.

(a) Seismic protection. Persons responsible for a facility with one or more stationary tanks and piping systems used for regulated materials must cause such tanks and piping systems to be seismically braced in accordance with the provisions of the currently adopted version of the Uniform Building Code.

(b) Security. Facilities where materials subject to this chapter are stored, handled, dispensed or used must be secured against unauthorized entry.

(c) Breathing apparatus.

(1) In order to provide for immediate initial on-scene response in the event of an unauthorized discharge and to provide on-scene assistance to firefighters and other emergency response personnel, persons responsible for any facility where Class I or corrosive regulated materials are present must provide a minimum of two self-contained breathing apparatus. When self-contained breathing apparatus would be inadequate protection due to the nature of the gases present, other appropriate protective equipment must be provided for on-site emergency response personnel.

(2) The self-contained breathing apparatus or other protective equipment must be suitable for use with the material present and must be readily available to on-site emergency response personnel in a location that provides safety for those expected to don the apparatus.

(3) A location that provides safety is one which is not likely to be immediately affected by the release of a regulated material.

(d) Incompatible materials. Responsible persons must provide for regulated materials to be separated from other incompatible hazardous materials listed in Table 5108-A of the fire code. Separation must be maintained by one-hour fire-resistive construction or by the use of separate gas cabinets. Construction materials must be compatible with the toxic gases they serve. Compatibility of construction materials must be based on nationally recognized standards such as the National Association of Corrosion Engineers (NACE).

(e) Leak testing. Responsible persons must ensure that the containers of regulated materials are tested for leaks immediately upon delivery and again immediately prior to departure of such containers from facilities. Testing methods must be approved by the Director in accordance with appropriately nationally recognized industry standards and practices, if any. Appropriate remedial action must be immediately undertaken when leaks are detected.

(f) Protective plugs and caps. Responsible persons must ensure that the protective plugs and caps of regulated materials are in place at all times unless and until the material is properly placed into use.

(g) Emergency response plan.

(1) If the preparation of an emergency response plan for the facility is not required by any other law, a responsible person must prepare, or cause to be prepared, and filed with the Department, a written emergency response plan.

(2) If the preparation of an emergency response plan is required by any other law, a responsible person must file a copy of the plan with the local fire agency.

(h) Emergency response teams.

(1) If not required to do so by another law, a person responsible for a facility subject to this chapter must designate, or cause to be designated, an on-site emergency response team, which must be composed of an adequate number of trained, responsible persons, and which will serve as liaison to the Fire Department.

(2) Emergency response team members must ascertain all on-site locations where regulated materials are stored, handled and used, and must become familiar with the emergency response plan and the chemical nature of such regulated material, and must act as facility liaison to the Fire Department and must be prepared to respond in an emergency.

(i) Emergency drills.

(1) Responsible persons must ensure that emergency drills of each on-site emergency response team, to be conducted not than once every three months.

(2) Records of drills conducted must be maintained at the facility for three years and must be made available for inspection upon request by the local fire agency or the Department.

(j) Annual maintenance.

(1) Responsible persons must ensure that all safety control systems at a facility to be tested not less frequently than annually and maintained in good working condition.

(2) Maintenance and testing must be performed by persons qualified to perform the maintenance and tests.

(3) Maintenance records and test certifications must be available to the Department upon inspection or request.

(k) Flow-limiting orifices and devices for Class I materials. All containers of materials other than lecture bottles classified as Class I regulated materials and having a vapor pressure exceeding 29 psia, must be equipped with a flow-restricting orifice, when available. If a flow-restricting orifice is not available, the container must be used with a flow-limiting device. All flow-limiting devices must be part of the valve assembly and visible to the eye when possible; otherwise, they must be installed as close as possible to the cylinder source.

(l) Fire extinguishing systems.

(1) Except as hereinafter provided, responsible persons must cause all interior and exterior use areas and all indoor storage areas and storage buildings to be protected from fire by automatic sprinkler systems.

(2) The design of the sprinkler system must be not less than that required under the current edition of NFPA for ordinary hazard group II, with a minimum design area of 3,000 square feet. Where the materials or storage arrangement require a higher level of sprinkler system protection in accordance with nationally recognized standards, the higher level of sprinkler system protection must be provided.

(3) If the chemical properties of the regulated materials are such that the materials will be incompatible with the use of a sprinkler system, the local fire agency may require alternative forms of fire protection.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-381. Class I controls.

Persons responsible for any facility where Class I materials are present must comply with all of the requirements of this section and Sections B11-382 through B11-385.

(a) Piping.

(1) Piping for Class I materials must be designed and fabricated from materials compatible with the material to be contained. Piping must be of strength and durability sufficient to withstand the pressure, structural and seismic stress and exposure to which it may be subjected, as required by the currently adopted version of the Uniform Building Code.

(2) Secondary containment must be provided for piping for Class I materials. The secondary containment must be capable of directing a sudden release into an approved discharge treatment system and must be monitored continually with a continuous gas monitoring system approved by the Director. Secondary containment includes, but is not limited to, double walled piping. Secondary containment for piping under sub-atmospheric conditions may not be required if the piping is equipped with an alarm and cylinder fail-safe-to-close valve activated by a loss of vacuum.

(b) Automatic shutoff. An automatic shutoff valve, which is of fail-safe-to-close design, must be provided. Each of the following must activate automatic shutoff:

(1) Gas detection at permissible exposure limit (PEL) in occupiable areas; at one-half immediately dangerous to life and health (IDLH) (or 0.05 LC50 if no established IDLH);

(2) Manual activation of emergency shutoff valves from remote locations;

(3) Failure of emergency power;

(4) Seismic activity;

(5) Failure of primary containment;

(6) Activation of manual fire alarm;

(7) Failure of required exhaust flow ventilation rate.

(c) Emergency control station. Signals from emergency equipment must be transmitted to an emergency control station, which is continually staffed by trained personnel. Continual staffing must not be required during periods when regulated materials have been purged from all process piping and equipment and are no longer being used or dispensed.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-382. Class II controls.

Materials which are classified as Class II materials must be provided with the controls specified in this section and Sections B11-383 through B11-385.

(a) Connections.

(1) Piping and tubing for Class II materials must be installed in accordance with appropriate nationally recognized standards, if any, approved by the Director and must have welded connections compatible with the regulated material throughout unless an exhausted enclosure is provided.

(2) Material which is not compatible with ferrous piping may be installed in nonferrous piping approved by the Director.

(3) Where connections other than welding connections meet appropriate nationally recognized industry standards, if any, a person responsible for a facility may seek an exception from the Director by filing a request for exception with the Director. A request for exception and a fee as set by the schedule of fees as adopted by the Department must be filed with the Director for approval. The request must document the standards and reason for the exception.

(b) Local gas shutoff.

(1) Manual activation controls must be provided at locations near the point of use and near the source, as approved by the Director.

(2) The Director may require additional controls at other places, including but not limited to the entry to the building, the area in the building where regulated materials are stored or used and emergency control stations.

(3) Manually activated shutoff valves must be of fail-safe-to-close design.

(c) Emergency power. Emergency power must be provided for:

(1) Exhaust ventilation, including the power supply for treatment systems;

(2) Gas detection systems;

(3) Emergency alarm systems;

(4) Temperature control systems which comply with the fire code.

(d) Excess flow control.

(1) Portable tanks and cylinders containing Class II material must be provided with excess flow control.

(2) Excess flow control must be permanently marked to indicate the maximum design flow rate.

(e) Gas detection. A continuous gas detection system must be provided to detect the presence of a gas at or below the permissible exposure limit (PEL) in occupiable areas and at or below one-half IDLH (or 0.05 LC50 if no established IDLH) in unoccupiable areas. The detection system must initiate a local alarm and transmit a signal to a continually staffed remote location (to provide an immediate response to an alarm). The alarm must be both visual and audible and must be designed to provide warning both inside and outside of the interior storage, use or handling area. The audible alarm must be distinct from all other on-site alarms.

(f) Exhaust ventilation monitoring. A continuous monitoring system must be provided to assure that the required exhaust ventilation rate is maintained. The monitoring system must initiate a local alarm. The alarm must be both visual and audible and designed to provide warning both inside and outside of the interior storage, use or handling area.

(g) Seismic shutoff valves. A seismically activated valve meeting standards approved by the Director must be provided for an automatic shutoff of regulated materials.

(h) Class II corrosives. Inert construction materials must be used for the primary containment of Class II regulated materials which are corrosive. Alternatively, secondary containment must be provided for Class II materials which are corrosive.

(i) Emergency alarms. When materials regulated by this chapter are transported through exit corridors or exit enclosures, there must be an emergency telephone system or a local manual alarm station or a signaling device approved by the Director at not more than 150-foot intervals and at each exit doorway throughout the transport route. The signals must be relayed to an approved central, proprietary or remote station service or a constantly attended on-site location and must also initiate a local audible alarm.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-383. Class III controls.

Materials which are classified as Class III materials must be provided with the controls specified in this section and Sections B11-384 and B11-385.

(a) Piping, valves and fittings.

(1) Piping, valves, fittings and related components must be designed and fabricated from materials compatible with the material to be contained. They must have strength and durability sufficient to withstand the pressure, structural, seismic and any other stress and exposure to which they may be subjected.

(2) Expansion chambers must be provided between valves whenever appropriate in accordance with nationally recognized standards approved by the Director. Chambers must be sized to provide protection for piping, valves and instrumentation and to accommodate the expansion of regulated materials.

(b) Signage.

(1) Stationary above-ground tanks must be placarded with hazard identification signs as specified in the fire code, Standard 79-3, for the specific material contained.

(2) Signs prohibiting smoking must be posted in indoor storage, use and handling areas and within 25 feet of outdoor storage, use and handling areas, except within buildings designated as "No Smoking" buildings.

(3) Signs must not be obscured or removed.

(4) Signs must be in English and other such languages as may be appropriate, as determined by the Director.

(5) Signs must be durable.

(6) The size, color and lettering must be in conformance with nationally recognized standards determined by the Director to be applicable to the regulated material.

(c) Inert gas purge system. Gas systems for regulated materials must be provided with individually dedicated inert gas purge systems (e.g., nitrogen, helium, argon and neon). A dedicated inert gas purge system may be used to purge more than one gas, provided the gases are compatible. Purge gas systems must be located in an approved gas cabinet unless the system operates by vacuum demand.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-384. Minimum threshold quantity controls.

Materials which do not exceed the minimum threshold quantity, must be provided with controls specified in this section and Section B11-385.

(a) Exhaust ventilation.

(1) Storage of cylinders must be within ventilated gas cabinets, exhausted enclosures or within a ventilated separate gas storage room as defined in the fire code.

(2) Storage of portable and stationary tanks must be within a separate ventilated room without other occupancy or use.

(3) If gas cabinets are provided, the room or area in which they are located must have independent exhaust ventilation when properly exhausted cabinets are not utilized.

(4) Exhaust systems for gas cabinets, exhausted enclosures and separate gas storage rooms must be designed to handle the accidental release of gas. Such exhaust systems must be capable of diluting, adsorbing, neutralizing, burning or otherwise processing the entire contents of the single tank or cylinder of gas which presents the highest potential hazard.

(5) Systems utilized for such processing must be designed as a treatment system, as described in Subsection (c) of this section, below. If a total containment system is utilized, the system must be designed to handle the maximum anticipated pressure of release to the system when the system reaches equilibrium.

(b) Gas cabinets. When gas cabinets are provided, they must be:

(1) Operated at negative pressure in relation to their surrounding area;

(2) Provided with self-closing limited access ports or fire-rated windows to give access to equipment controls. The average velocity of ventilation at the face of access ports or windows must be not less than 200 feet per minute (FPM) with a minimum of 150 FPM at any point of the access port or window;

(3) Connected to a treatment system;

(4) Provided with self-closing doors;

(5) Constructed of steel with a thickness of not less than 12 gauge.

(c) Treatment systems.

(1) Treatment systems must be utilized to process all exhaust ventilation to be discharged from gas cabinets, exhausted enclosures or separate storage rooms. Treatment systems must be designed to reduce the maximum allowable discharge concentration of the gas to one-half IDLH (or 0.05 LC50 if no established IDLH) at the point of discharge to the atmosphere as specified below.

(2) When more than one gas may be emitted to the treatment system, the treatment system must be designed to handle the worst-case release based on the release rate, the quantity and the IDLH (or 0.1 LC50 if no established IDLH) for all the gases stored or used.

(3) In the event that a revised IDLH is published, the Director will establish a new timetable for existing facilities to upgrade their treatment systems to meet the revised IDLH value.

(d) Treatment systems sizing. Treatment systems must be sized to process the worst-case release of each gas based on the maximum flow rate of release from the cylinder or tank utilized which presents the highest potential hazard. The entire contents of tanks and cylinders must be considered.

(e) Stationary tanks.

(1) Stationary tanks must be labeled with the maximum rate of release for the gas contained based on any valves or fittings that are inserted directly into the tank.

(2) If multiple valves or fittings are provided, the maximum flow rate of release for the valve or fitting with the highest flow rate must be indicated.

(3) If liquefied gases are in contact with any valve or fitting, the liquid flow rate must be utilized for purposes of computation of the maximum flow rate of release. All flow rates indicated on the label must be converted to cubic feet per minute of gas at normal temperature and pressure.

(f) Portable tanks and cylinders.

(1) For portable tanks and cylinders, the maximum flow rate of release must be calculated based on the actual release data or calculations using actual valve manufacturer's specifications. When this data is not available, the maximum flow rate of release will be calculated based on the total release from the cylinder or tank within the time specified in the table below:
ContainerNonliquefied (Minutes)Liquefied (Minutes)
Cylinders 5 30
Portable Tanks40240

(2) When portable tanks or cylinders are equipped with approved reduced flow orifices in the cylinder valve, the worst-case release may be determined by the maximum achievable flow through the orifice as determined by the valve manufacturer or the gas supplier. Reduced flow and excess flow valves must be permanently marked to indicate the maximum design flow rate. Such markings must indicate the flow rate for air under standard conditions. Lettering must be one-quarter inch high, minimum, and be in contrast to the color it is printed upon.

(3) When cylinders are manifolded together, the maximum release rate must be the sum of the release rates for all of the manifolded cylinders.

(g) Piping and controls. All primary piping for regulated materials must pass a helium leak test of 1109 cubic centimeters/second where practical, or other nationally recognized standard. Tests must be conducted by a qualified third party not involved with the construction of the piping and control systems.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-385. Exterior storage.

(a) General. Persons responsible for a facility where there is exterior storage of any regulated material must comply with the provisions of this section and the currently adopted version of the Uniform Building Code.

(b) Distance limitation to exposures. Exterior storage of regulated materials must not be within 75 feet of a building, structure, property line, street, alley, public way or exit to a public way unless the storage is shielded by a structure which has a minimum fire-resistive rating of two hours and which interrupts the line of sight between the storage and the exposure. The shielding structure must be at least five feet from any exposure.

(c) Openings in buildings subject to exposure. When an exterior storage area is located within 75 feet of a building, no openings into the building, other than piping, must not be above the height of the top of the shielding structure referred to in Subsection (b) of this section, above, or within 50 feet horizontally from the exterior storage area, whether or not protected by a shielding structure.

(d) Air intakes. No exterior storage area for regulated materials can be within 75 feet of any air intake.

(e) Canopies. Portable tanks and cylinders stored outside of buildings must be stored under a canopy constructed of noncombustible materials. Such exterior storage will not be considered indoor storage. An automatic fire sprinkler system, or alternative systems as determined by the Fire Chief or his designee for materials incompatible with water, must be provided for canopies installed for the storage of regulated materials.

(f) Stationary tank controls. Controls on stationary tanks must be in accordance with the following:

(1) Pressure relief devices must be vented to a treatment system designed in accordance with the provisions of Section B11-384(c).

(2) Where filling or dispensing connections are provided, they must be provided with a means of local exhaust. Such exhaust must be designed to capture fumes and vapors. The exhaust must be directed to a treatment system designed in accordance with the provisions of Section B11-384(c).

(3) Stationary tanks must be provided with a means of excess flow control on all tank inlet or outlet connections. Inlet connections that are designed to preclude backflow and pressure relief devices are exempt from this requirement.

(g) Gas cabinets for leaking cylinders.

(1) At least one gas cabinet or exhausted enclosure must be provided for the handling of leaking cylinders. The cabinet or enclosure must be within or adjacent to the exterior storage area and connected to a treatment system as specified in Section B11-384(c).

(2) A gas cabinet or exhausted enclosure need not be provided for leaking cylinders if all cylinders are stored within gas cabinets or exhausted enclosures and the exhaust is directed to a treatment system designed in accordance with the provisions Section B11-384(c).

(3) Encapsulating equipment or other equipment designed to contain high-pressure cylinders and their contents as approved by the Fire Chief or his designee must be acceptable in meeting the intent of this section in lieu of gas cabinets or exhausted enclosures.

(h) Local exhaust for leaking portable tanks.

(1) A means of local exhaust must be provided to capture regulated material leaking from portable tanks. The local exhaust may consist of portable ducts or collection systems designed to be applied to the site of a leak in a valve or fitting on the tank. The local exhaust system must be connected to a treatment system as specified in Section B11-384(c).

(2) A local exhaust system must be provided within or immediately adjacent to every storage area and within separate gas storage rooms used for portable tanks.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-386. Tank cars and piping.

(a) The provisions of this chapter do not apply to tank cars which meet all requirements of the U.S. Department of Transportation, while such tank cars are used for the transportation and unloading of regulated material, as such terms are used in the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq. "Unloading" does not include the use of tank cars to store regulated materials.

(b) The provisions of this chapter apply to piping and control systems, automatic shutoff valves, emergency control stations, gas detection systems, treatment systems and alarm systems used with piping which connects tank cars to facilities for the unloading and delivery of regulated material, and to tank cars used to store regulated materials.

(Ord. No. NS-517.72, § 2, 4-15-03)

Secs. B11-387--B11-389. Reserved.

ARTICLE 5.
PERMITS

Sec. B11-390. Permits and system upgrades.

(a) General. No person may store, dispense, use or handle any regulated material in excess of an exempt amount at a facility unless a compliance plan and a plan review fee have been submitted to the Department and an operating permit for the facility has been issued pursuant to this chapter. The specific requirements for obtaining an operating permit will be established by the Director. A fee may be charged in connection with the filing of a compliance plan and the issuance of the operating permit as provided for by resolution of the Board of Supervisors.

(b) The extent of system upgrades will be determined by the following conditions:

(1) If a permit is required for a piping modification, then upgrading of the entire system for that gas will be required.

(2) If a permit is not required for piping modification, such as for connecting an existing piping system to a new piece of equipment, then upgrading of the entire system will not be required.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-391. Closure.

(a) It is unlawful for any person to abandon, remove or close a facility or other area regulated by this chapter until a closure plan has been submitted to and approved by the Director.

(b) A closure plan and a closure plan review fee as set by the schedule of fees as adopted by the Board of Supervisors must be submitted by a responsible person to the Department at least 30 days prior to facility closure. The property owner of the property upon which the regulated materials are stored will be responsible for the closure in the event that the regulated materials are abandoned or when the permittee has not complied with all provisions of this section. The closure plan must demonstrate to the satisfaction of the Director that regulated materials which are or have been stored, dispensed, handled or used in the facility will be transported, disposed of or reused in a manner consistent with public health and safety. The Director may waive all or part of the 30-day period upon a finding of good cause.

(Ord. No. NS-517.72, § 2, 4-15-03)

Secs. B11-392--B11-394. Reserved.

ARTICLE 6.
RESPONSIBILITIES

Sec. B11-395. Reporting unauthorized discharge.

A person responsible for a facility must, as soon as he or she has knowledge of an unauthorized discharge from or at such facility, immediately notify the local fire agency and the Director of such discharge.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-396. Indemnification.

The permittee must indemnify, hold harmless and defend the County against any claim, cause of action, disability, loss, liability, damage, cost or expense, howsoever arising, which occurs by reason of an unauthorized discharge in connection with the permittee's operations under this permit, except as arises from the County's sole willful act or sole active negligence.

(Ord. No. NS-517.72, § 2, 4-15-03)

Secs. B11-397--B11-399. Reserved.

ARTICLE 7.
ENFORCEMENT

Sec. B11-400. Civil penalties.

(a) Any person conducting any activity in violation of the provisions of this chapter or regulations adopted pursuant to this chapter will be liable for a civil penalty not less than $500.00 and not to exceed $5,000.00 per day for each violation, which will be assessed and recovered in a civil action by the District Attorney or the County Counsel. In determining the penalty, the court will consider all relevant circumstances, including but not limited to the following:

(1) The extent of harm or potential harm caused by the violation;

(2) The nature and persistence of the violation;

(3) The length of time over which the violation occurred;

(4) The frequency of past violations;

(5) The permittee's record of maintenance;

(6) Corrective action, if any, taken by the permittee.

(b) In any civil action brought pursuant hereto, in which the County prevails, the court will determine and impose reasonable expenses, including attorneys' fees, incurred by the County in the investigation and prosecution of the action.

(Ord. No. NS-517.72, § 2, 4-15-03)

Sec. B11-401. Penalty deposits.

Any administrative, civil and/or criminal penalties collected pursuant to this chapter will be deposited into the hazardous materials program account.

(Ord. No. NS-517.72, § 2, 4-15-03)

Secs. B11-402--B11-404. Reserved.

ARTICLE 8.
MISCELLANEOUS

Sec. B11-405. Disclaimer of liability.

The degree of protection required by this chapter is considered reasonable for regulatory purposes. The standards set forth herein are minimal standards, and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of hazardous material. This chapter does not create liability on the part of the County, any officer or employee thereof, for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. All persons handling, storing, using, processing and disposing of hazardous materials within the County should be and are advised to determine to their own satisfaction the level of protection in addition to that required by this chapter necessary or desirable to ensure that there is no unauthorized discharge of hazardous materials.

(Ord. No. NS-517.72, § 2, 4-15-03)

Secs. B11-406--B11-409. Reserved.

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