Contra Costa County |
Ordinance Code |
Title 4. HEALTH AND SAFETY |
Division 450. HAZARDOUS MATERIALS AND WASTES |
Chapter 450-8. RISK MANAGEMENT |
§ 450-8.014. Definitions.
For purposes of this chapter, the definitions set forth in this section shall apply. Words used in this chapter not defined in this section shall have the meanings ascribed to them in the Clean Air Act Regulations (40 CFR Section 68.3) and in California Health and Safety Code Article 2 (Section 25531 et seq.) of Chapter 6.95, unless the context indicates otherwise.
(a)
"Covered process" means any process at a stationary source.
(b)
"Department" means the county health services director and any director authorized deputies.
(c)
"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.
(d)
"Hazard category A materials" are substances which meet the hazard category A material definition as set forth in Section 84-63.1016.
(e)
"Hazard category B materials" are substances which meet the hazard category B material definition as set forth in Section 84-63.1016.
(f)
"Industry codes, standards, and guidelines" means the edition of the codes, standards, and guidelines in effect at the time of original design or construction for the design, construction, alteration, maintenance or repair of process units, industrial equipment, or other industrial facilities, structures or buildings published by, but not limited to, the American Petroleum Institute (API), the American Chemistry Council (ACC), the American Society of Mechanical Engineers (ASME) or the American National Standards Institute (ANSI), and meets recognized and generally accepted good engineering practices (RAGAGEP).
(g)
"Inherently safer systems" means "inherently safer design strategies" as discussed in the latest edition of the Center for Chemical Process Safety Publication "Inherently Safer Chemical Processes," and means feasible alternative equipment, processes, materials, lay-outs, and procedures meant to eliminate, minimize, or reduce the risk of a major chemical accident or release by modifying a process rather than adding external layers of protection. Examples include, but are not limited to, substitution of materials with lower vapor pressure, lower flammability, or lower toxicity; isolation of hazardous processes; and use of processes which operate at lower temperatures and/or pressures.
(h)
"Major chemical accident or release" means an incident that meets the definition of a level three or level two incident in the community warning system incident level classification system defined in the hazardous materials incident notification policy, as determined by the department; or results in the release of a regulated substance and meets one or more of the following criteria:
(1)
Results in one or more fatalities;
(2)
Results in at least twenty-four hours of hospital treatment of each of at least three persons;
(3)
Causes on- and/or off-site property damage (including clean-up and restoration activities) initially estimated at five hundred thousand dollars or more. On-site estimates shall be performed by the stationary source. Off-site estimates shall be performed by appropriate agencies and compiled by the department;
(4)
Results in a vapor cloud of flammables and/or combustibles that is more than five thousand pounds.
(i)
"Regulated substance" means (1) any chemical substance which satisfies the provisions of California Health and Safety Code Section 25532(g), as amended from time to time, or (2) a substance which satisfies the provisions of hazard categories A or B in Section 84-63.1016. Mixtures containing less than one-percent of a regulated substance shall not be considered in the determination of the presence of a regulated material.
(j)
"Risk management program" means the documentation, development, implementation, and integration of management systems by the facility to comply with the regulations set forth in 40 CFR, Part 68 and the California Health and Safety Code, Article 2, commencing with Section 25531.
(k)
"RMP" means the risk management plan required to be submitted pursuant to the requirements of the 40 CFR Section 68.150-68.185 and the California Health and Safety Code Article 2 (Section 25531 et seq.) of Chapter 6.95.
(l)
"Root cause" means prime reasons, such as failures of some management systems, that allow faulty design, inadequate training, or improper changes, which lead to an unsafe act or condition, and result in an incident. If root causes were removed, the particular incident would not have occurred.
(m)
"Safety plan" means the safety plan required to be submitted to the department pursuant to the requirements of Section 450-8.016.
(n)
"Safety program" means the documentation, development, implementation, and integration of management systems by the stationary source to comply with the safety requirements set forth in Section 450-8.016.
(o)
"Stationary source" or "source" means a facility which includes at least one process as defined in 40 CFR 68.10 that is subject to federal risk management program level three requirements and whose primary North American Industry Classification System code (NAICS) is three hundred twenty-four (petroleum and coal products manufacturing) or three hundred twenty-five (chemical manufacturing).
(p)
"California accidental release prevention program" means the documentation, development, implementation, and integration of management systems by a facility to comply with the regulations set forth in California Code of Regulations, Title 19, Division 2, Chapter 4.5.
(q)
"Catastrophic release" means a major uncontrolled emission, fire, or explosion, involving one or more highly hazardous chemicals, that presents serious danger to employees in the workplace and/or the public. As used in this section, "highly hazardous chemical" has the meaning ascribed to it in 29 CFR 1910.119(b) as of May 21, 2003.
(r)
"Human factors" means a discipline concerned with designing machines, operations, and work environments so that they match human capabilities, limitations, and needs. "Human factors" can be further referred to as environmental, organizational, and job factors, and human and individual characteristics that influence behavior at work in a way that can affect health and safety.
(s)
"Human systems" means the systems, such as written and unwritten policies, procedures, and practices, in effect to minimize the existence/persistence of latent conditions at the stationary source. It also includes the broad area of safety culture of a stationary source to the extent that it influences the actions of individuals or groups of individuals.
(t)
"Layer of protection analysis" (LOPA) means a semi-quantitative analysis of the risk of process hazards and the adequacy of safeguards against those hazards.
(u)
"Process hazard analysis" (PHA) means a qualitative, semi-quantitative or quantitative analysis of a process, involving the identification of individual hazards of a process, determination of the mechanisms by which hazards could give rise to undesired events, and evaluation of the consequences of these events on health, property and the environment.
(v)
"Process safety performance indicators" are measurements of a stationary source's activities and other events that are used to evaluate the performance of process safety systems.
(Ord. No. 2014-07, § IV, 6-17-14; Ords. 2006-22 § 4, 98-48 § 2)