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20.24.120 <br />extent that the application of this <br />article to the registration and use of <br />pesticides is preempted by an express <br />provision of an Act of Congress or a <br />statute adopted by the State Legisla- <br />ture, this Chapter does not apply. <br />(b) "Regulated Materials", includ- <br />ing but not limited to gases, are <br />those materials which meet the fol- <br />lowing criteria: <br />(1) The material has an estab- <br />lished Level of Concern (LOC) as <br />defined in this Chapter; and <br />(2) The materials meet either of <br />the following criteria: <br />a. They are shipped in <br />compressed gas cylinders and <br />the material is or becomes or <br />acts as a gas upon release at <br />normal temperature and pressure <br />(70 degrees F and 760 mm <br />Hg.); or <br />b. The material is used or <br />handled as a gas whether or not <br />the material meets the definition <br />of a compressed gas in 49 CFR <br />173.300(a). Materials which <br />meet the foregoing criteria are <br />subject to the provisions of this <br />Chapter. <br />(c) General Obligation. <br />(1) No person shall cause, suffer <br />or permit the storage, handling, <br />use, or dispensing of materials <br />regulated by this Chapter: <br />a. In a manner which is <br />contrary to a provision of this <br />Chapter or any other federal or <br />state, or local statute, code, <br />ordinance, rule, regulation or <br />standard of performance relating <br />to materials subject to this <br />Chapter; or <br />b. In a manner which caus- <br />es an unauthorized discharge or <br />which poses a significant risk of <br />such unauthorized discharge. <br />(2) A person responsible for a <br />facility shall, as soon as he or she <br />has knowledge of an unauthorized <br />discharge from or at such facility, <br />immediately notify the Fire Chief <br />of such discharge. <br />(d) Permits. <br />(1) General. No person shall <br />store, dispense, use or handle any <br />regulated material in excess of an <br />exempt amount at a facility unless <br />a compliance plan has been sub- <br />mitted to the Fire Chief and a <br />permit for the facility has been <br />issued pursuant to this article. The <br />specific requirements for obtaining <br />a permit shall be established by <br />the Fire Chief in accordance with <br />the provisions of Article I of the <br />Fire Code. The Fire Chief may <br />charge a fee or fees in connection <br />with the filing of a compliance <br />plan and the issuance of a Permit, <br />in accordance with the Master Fee <br />Schedule. <br />(Pleasanton 5-99) 710-18 <br />