§ 84-63.1016. Determination of hazard category.

(a)

Method of Determination. The hazard category of a material or waste shall be determined pursuant to this section.

(1)

The primary method of determining the material hazard category of a hazardous waste or material shall be by reference to the Winter 1994 version of the U.S. Department of Transportation ("D.O.T.") Code of Federal Regulations, Title 49 ("40 CFR"), Section 172.101, Hazardous Materials Table. From columns (3) and (5), extract the "Hazard Class or Division" and "Packing Group" information, then proceed to 49 CFR 173.2 to determine the "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. If a material is listed in 49 CFR 172.101 more than one, the rating that results in the highest hazard category shall be used. The hazard category of a mixture is determined according to its common name as defined in Title 49.

(2)

Where a hazardous material, waste, or mixture is not referenced in 49 CFR 172.101, and the hazard category cannot be determined using the primary method, refer to the manufacturer's MSDS for the D.O.T. "Hazard Class or Division," "Packing Group" and "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C.

(3)

Where the preceding methods are not successful, the Contra Costa County health services director or his designee shall be responsible for determining a material's hazard category.

(4)

Regardless of the hazard category obtained using the methods set forth above, materials with the word "poison" in column (6) of 49 CFR 172.101, Methyl chloride, and the metals Antimony, Mercury, Lead, Arsenic, Thallium and Cadmium and their compounds, shall be hazard category A materials, and denatured alcohol and methanol shall be hazard category B materials for purposes of this chapter.

(b)

Exclusions. Regardless of the hazard category obtained using the methods set forth in subdivision (a) of this section, hot coke, hot coal briquettes, and materials not regulation by D.O.T. or which have no D.O.T. hazard class or division are not regulated by this chapter.

(c)

Hazard Categories.

Hazard Category A Materials

I. Forbidden Materials

  As referenced in 49 CFR 173.21 and 173.54.

II. Explosives and Blasting Agents

  Class 1, as defined in 49 CFR 173.50(b)(1) through 173.50(b)(6).

III. Reactive Materials

A. Air Reactive Materials — Class 4, Division 4.2 as defined in 49 CFR 173.124(b)(1) and (2).

B. Water Reactive Materials — Class 4, Division 4.3 as defined in 49 CFR 173.124(c).

C. Organic Peroxides — Class 5, Division 5.2 as defined in 49 CFR 173.128.

IV. Radioactive Materials

  Class 7 as defined in 49 CFR 173.403(y).

V. Oxidizers D.O.T. Packing Group I

  Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group I is required per 49 CFR 173.127(b)(2)(I).

VI. Poisons, D.O.T.

A. Poisons, Class 6, Division 6.1 as defined in 49 CFR 173.133 (applies to all hazard zones).

B. Infectious Substances, Class 6, Division 6.2 as defined in 40 CFR 173.134.

VII. Poison Gas

  Class 2, Division 2.3 as defined in 49 CFR 173.115(c).

Hazard Category B Materials

VIII. Flammable Liquids

  Class 3 Packaging Groups I and II as defined in 49 CFR 173.120(a).

IX. Flammable Solids

  Class 4, Division 4.1 as defined in 49 CFR 173.124(a).

X. Oxidizers, D.O.T. Packing Group II

  Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group II is required by 49 CFR 173.127(b)(2)(ii).

XI. Flammable Gases

  Class 2, Division 2.1 as defined in 49 CFR 173.115(a).

XII. Corrosives, D.O.T. Packing Group I or II

  Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a) and 173.137(a) and (b).

Hazard Category C Materials

XIII. Nonflammable Compressed Gases

  Class 2, Division 2.2 as defined in 49 CFR 173.115(b).

XIV. Combustible Liquids

  Class 3 Packing Group III as defined in 49 CFR 173.120(b).

XV. Miscellaneous Hazardous Materials

  Class 9 as defined in 49 CFR 173.155.

XVI. Oxidizers D.O.T. Packing Group III

  Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group III is required per 49 CFR 173.127(b)(2)(iii).

XVII. Corrosives D.O.T. Packing Group III

  Class 8 Packing Group III as defined in 49 CFR 173.136(a) and 173.137(c).

(Ords. 98-48 § 5, 96-50, 96-20).

Article 84-63.12. Land Use and Variance Permits