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~~ <br />Class I, II, or III regulated materials. <br />Min. T.Q. for mixtures shall be based <br />on the aggregate weight (in pounds) <br />of the regulated components. <br />Min. T.Q. = 2 lbs. or less. <br />Minimum threshold quantity controls <br />are set forth in subsection 89.401(e) <br />of this article. <br />(15) "Persons" means an individual, trust, <br />firm, joint stock company, corpora- <br />tion, partnership, association or other <br />business entity, city, county, district, <br />the state, any department or agency <br />thereof, or the United States, to the <br />extent authorized by law. <br />(16) "Regulated Materials" means all <br />materials, regardless of form (i.e., <br />liquid, solid or gas) which meet the <br />criteria established by subsection <br />89.201(b), below. <br />(17) "Responsible Persons" or "Persons <br />Responsible" means permittees under <br />this article, owners, managers and <br />persons responsible for the day-to- <br />day operation of any facility subject <br />to this article. <br />(18) "Unauthorized Discharge" means re- <br />leasing, spilling, leaking, pumping, <br />pouring, emitting, emptying, inject- <br />ing, escaping, leaching, dumping or <br />disposing a regulated material into <br />the environment, including any sew- <br />er, storm drain, ditch, drainage canal, <br />lake, river or tidal waterway, surface <br />water, ground water, land surface, <br />sidewalk, street or highway, subsur- <br />face strata, or ambient air, except: <br />[i] A "Federally Permitted Release", as <br />that term is defined in section 101 of <br />the Comprehensive Environmental <br />Response, Compensation and Liabili- <br />20.24.240 <br />ty Act, 42 U.S.C. §9602(10), or pur- <br />suant to a permit of the Bay Area <br />Quality Management District, or <br />waste discharge requirements of the <br />San Francisco Bay Regional Water <br />Quality Control Board or local waste <br />water pretreatment requirements for <br />publicly owned treatment works; or <br />[ii] The normal application of materials <br />used in weed abatement, erosion <br />control, soil amendment or similar <br />application when used in accordance <br />with manufacturers' instructions or <br />nationally recognized standazds. <br />DIVISION II GENERAL PROVISIONS <br />SEC 89.201 <br />(a) General. This article governs the <br />storage, dispensing, use and handling <br />of regulated materials. To the extent <br />that the application of this article to <br />the registration and use of pesticides <br />is preempted by an express provision <br />of an Act of Congress or a statute <br />adopted by the State Legislature, this <br />Chapter does not apply. <br />(b) "Regulated Materials", including but <br />not limited to gases, aze those materi- <br />als which meet the following criteria: <br />(1) The material has an established Level <br />of Concern (LOC) as defined in this <br />Chapter; and <br />(2) The materials meet either of the <br />following criteria: <br />a. They are shipped in compressed <br />gas cylinders and the material is or <br />becomes or acts as a gas upon release <br />at normal temperature and pressure <br />(70 degree F and 760mm Hg.); or <br />710-53 (Pleasanton April 2003) <br />