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iii <br /> <br />[ii] <br /> <br />DIVISION II <br />SEC 89.201 <br /> <br />(1) <br /> <br />(2) <br /> <br />(c) <br /> <br />(1) <br /> <br />storm drain, ditch, drainage canal, lake, river or tidal waterway, surface <br />water, ground water, land surface, sidewalk, street or highway, subsurface <br />strata, or ambient air, except: <br /> <br />A "Federally Permitted Release", as that term is defined in section 101 of <br />the Comprehensive Environmental Response, Compensation and Liability <br />Act, 42 U.S.C. §9602(10), or pursuant to a permit of the Bay Area Quality <br />Management District, or waste discharge requirements of the San <br />Francisco Bay Regional Water Quality Control Board or local waste water <br />pre treatment requirements for publicly owned treatment works; or <br /> <br />The normal application of materials used in weed abatement, erosion <br />control, soil amendment or similar application when used in accordance <br />with manufacturers' instructions or nationally recognized standards. <br /> <br />GENERAL PROVISIONS <br /> <br />(a) General. This article governs the storage, dispensing, use and <br />handling of regulated materials. To the extent that the application of this <br />article to the registration and use of pesticides is preempted by an express <br />provision of an Act of Congress or a statute adopted by the State <br />Legislature, this Chapter does not apply. <br /> <br />(b) "Regulated Materials", including but not limited to gases, are those <br />materials which meet the following criteria: <br /> <br />The material has an established Level of Concern (LOC) as defined in this <br />Chapter; and <br /> <br />The materials meet either of the following criteria: <br /> <br />a. They are shipped in compressed gas cylinders and the material is <br />or becomes or acts as a gas upon release at normal temperature and <br />pressure (70 degree F and 760mm Hg.); or <br /> <br />b. The material is used or handled as a gas whether or not the material <br />meets the definition of a compressed gas in 49 CFR 173.300(a). <br />Materials, which meet the foregoing criteria, are subject to the provisions <br />of this Chapter. <br /> <br />General Obligation <br /> <br />No person shall cause, suffer or permit the storage, handling, use, or <br />dispensing of materials regulated by this Chapter: <br /> 113 <br /> <br /> <br />