HomeMy WebLinkAboutORD 0964 (1986) ORDINANCE NO. 964
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
CALIFORNIA ADDING SECTION 5600 TO THE MUNICIPAL CODE
ESTABLISHING REQUIREMENTS AND PROCEDURES RELATING TO
THE DISCLOSURE OF HAZARDOUS MATERIALS
The City Council of the city of Tustin does ordain as follows:
I. The City Council does hereby find and determine:
A. That the following sections be added to the city of Tustin
Municipal Code:
SECTION 5600 PURPOSE
a. Emergency service personnel in the city have a need to know
of the use and dangers of hazardous materials in the
community in order to plan for and respond to potential
emergencies and exposure to such materials;
b. Basic information on the location, type and the health
risks of hazardous materials used or stored in the city is
not now available to firefighters, health officials,
.planners, elected officials and other emergency response
personnel;
c. It is intended that the system of disclosure set forth in
this ordinance shall provide that information essential to
firefighters, health officials, planners, elected officials
and other emergency service personnel in meeting their
responsibilities for the health and welfare of the
community in such a fashion that trade secrecy i.s not
abridged;
d. It is further intended that this ordinance implement the
community's right and need for basic information on the use
and disposal of hazardous materials in the county and
provide for an orderly system for the provision of such
information.
· SECTION 5601 DEFINITIONS
For the purpose of this ordinance the terms listed in this
Section shall be defined as follows; provided, however
references to statutes or regulations in existence at the time
this section is adopted shall also include references to such
statutes or regulations as they may be amended or changed in the
future:
a. "Carcinogen" refers to a substance which causes cancer.
For purposes of this section, carcinogens are those
substances specified on the list developed by the United
States Department of Health and Human Services on- its
Second Annual Report on Carcinogens.
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b. "CAS number" means the unique identification name as
5 assigned by the Chemical Abstracts Services to specific
cheml cal substances.
c. "Chemical name" means the scientific designation of a
7 substance in accordance wfth the International Union of
Pure and Applied Chemistry or the system developed'by the
S Chemical Abstracts Services.
cj d. "Common name" means a designation of identification such as
code name, code number, trade name or brand name used to
10 identify a substance other than by its chemical name.
11 e. "Disclosure form" means the written request for information
prepared pursuant to Sections 5603 and 5604.
f. "Handle" means to generate, treat or dispose of a hazardous
13 material in any fashion.
li g. "Handler" means any person who handles a hazardous
substance.
15
h. "Hazardous material" means any substance or hazardous waste
16 as defined in subdivisions (i) or (j) in this Section, or
any material designated pursuant to Section 5602.
17
i. "Hazardous material" means any substance or product:
18 1. For which the manufacturer or producer is required to
)9 prepare a ~ISDS for the substance or product pursuant
to the Hazardous Substances Information and Training
20 Act (commencing with Section 6360, Chapter 2.5, Part
I of Division 5 of the California Labor Code) or
pursuant to any applicable federal law or regulation;
21 or
22 2. Listed in Section 25316 of the Health and Safety Code;
23 or
24 3. Which is listed as a radioactive material set forth in
Chapter 1, Ti tl e 10, Appendix B, Code of Federal
25 Regulations; or
26 4. Which is listed a a legal carcinogen from the
California Administrative Code, Title 8, .Subchapter 7,
Group 16 and those substances specified in item (a) of
27 this Section; or
28 5. 'Which the Director of the Department of Food and
Agriculture classifies as pesticides; or
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J~ 6. Which the EPA classifies as priority organic
5 pol lutants.
j. "Hazardous waste" or "extremely hazardous waste" means any
6 material that is identified in:
7 1. Sections 25115 or 25117 of the California Health and
Safety Code and set forth in Sections 66680 and 66684
8 of Title 22 of the California Administrative Code; or
g 2. The Code of Federal Regulations, Title 40, Sections
261.31-261.33.
10
k. "Health Official" means the Health Officer of the county of
11_ Orange or his deputy.
12 l. "MSDS" means a ~4atertal Safety Data Sheet prepared pursuant
to Section 6390 of the.California Labor Code or pursuant to
13 the regulations of the Occupational Safety and Health
Administration of the United States Department of Labor.
m. "Person" means an individual, trust, firm, joint stock
)5 company, corporation, partnership or association.
](~ n. "Physician" means any person who holds a valid certificate
from the State of California to practice the healing arts.
o. "SIC code" means the identification number assigned by the
18 Standard Industrial Classification code to specific types
of businesses.
p. "Storage" or "storing" means the containment of substances
20 or materials in such a manner as not to constitute disposal
of such substances or materials.
21
q. "Use" includes the handling, processing or storage of a
22 hazardous substance.
23 r. "User" means any person who uses a hazardous substance or
handles a hazardous waste.
SECTION 5603 FILING OF A HAZARDOUS MATERIAL DISCLOSURE FORM
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a. Any person who uses or handles a hazardous material must
26 semi -annual ly, during the months of January and July,
submit a Completed disclosure form to the Orange County
27 Fire Department.
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b. Any person who, during the calendar year, for the first
5 time becomes a user or handler of any hazardous material
must submit a completed disclosure form to the Orange
6 County Fire Department within thirty (30) days of becoming
a user or handler. Thereafter any such user or handler
7 shall comply with the provisions of Section 5603(a).
8 c. The Orange County Fire Department may, upon thirty (30)
days written notice, require the submittal of a disclosure
9 form of any user or handler.
10 d. Any person required to submit a disclosure form pursuant to
this Section shall file with the Fire- Department of Orange
County an updated disclosure form within fifteen (15) days
11 of any of the following:
12 1. A change in business address.
2. A change in business ownership.
13 3. A change of business name.
4. Cessation of business operations.
11 5. The use or handling of a previously undisclosed
hazardous material.
15 6. A significant change in the use or handling of a
hazardous material for which di scl osure has been
1(; previously made.
17 SECTION 5604 REQUIRED DISCLOSURE FORM
18 a. The disclosure form shall be developed by the Director of
Fire Services, and shall include, but not be limited to,
1{) the following:
20 1. A copy of the MSDS for every hazardous material used
by the person compl eti ng the di scl osure form as
21 requi red by the Ft re Department.
22 2. CAS number as may be required by the Fire Department.
23 3. SIC code as may be required by the Fire Department.
2i 4. U.N. identification number as may be required by the
Fi re Department.
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5. A listing of the chemical name and any common names of
26 every.hazardous material used by the person completing
the disclosure form.
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6. The maximum amount of each hazardous material which is
28 handled or used at any one time by the user over the
course of the year.
Ordinance No. 964
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7. Specific information on how and where the hazardous
materials are handled or used by the user so as to
allow fire and safety personnel to prepare adequate
emergency response plans to potential releases of the
hazardous material s.
8. The names and phone numbers of at least two (2)
persons representing the business and who would be
able to assist emergency personnel in the event of an
emergency involving the business during business and
non-bust ness hours.
9. The hazard characteristics of every hazardous material
disclosed, including, but not limited to, toxicity,
flammability, reactivity, and corrosivity as may be
required by the Fire Department.
b. Upon request all users must provide the following
i nformati on:
1. To the Fire Department, any information determined by
the Fire Department to be necessary to protect the
public health, safety or the environment.
2. To any physician, where the physician determines that
such information is necessary to the medical treatment
of his or her patient.
SECTION 5605 EXEMPTIONS FROM DISCLOSURE
a. The following materials or persons are exempt from the
disclosure requirements of Section 5603:
1. A material designated as a hazardous material by this
ordinance solely by its presence on the Nuclear
Regulatory Commission list of radioactive materials
shall be exempt from the requirement that a MSDS be
submitted with the disclosure form.
-2. Hazardous materials or substances contained in food,
drug, cosmetic or tobacco products.
3. Any person using or handling less than 500 pounds or
55 gallons per year, whichever is the lesser, of a
hazardous material shal 1 be exempted from the
requirement of disclosure of that use or handling
unless .the Fire Chief has provided noUce that the
weight or volume limits of this exemption for a
speci fi c hazardous material has been 1 owered i n
responce to public health concerns or to meet the
intent and requirements of the Uniform Fire Code.
]
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i 4. Hazardous materials contained solely in consumer
products packaged for use by and distributed to the
5 general public unless the product is repackaged or
altered in any way; provided, however, the manufacture
6 and distribution of these products are not exempt.
7 5. Any person, 'while engaged in the transportation of
hazardous materials, including storage directly
8 incident thereto, provided that such materials-are
accompanied by shipping papers prepared in accordance
9 with the provisions of 49 Code of Federal Regulations,
Subchapter c, as now in existence or as hereafter
10 amended or changed.
11 6. Infectious waste generated by hospitals, medical
centers, clinics and other health care facilities that
12 are regulated under Title 22 of the California
Admi ni strati ve Code.
b. The exemptions contained in this Section shall not apply to
]i the using or handling of carcinogens, except to the extent
that such carcinogens are handled or used solely for
15 personal purposes.
16 c. No MSDS shall be required for any hazardous material for
which an MSDS is not available at the time disclosure is
17 required, provided, however, that such MSDS shall be
submitted to the Fire Department within fifteen (15) days
]8 after receipt by the user of the MSDS.
19 d. The Director of Fire Services, upon application by a
handler, my exempt a hazardous matertal from inventory
20 provisions of Section 5604 upon proof that the material(s)
does not pose a significant present or potential hazard to
21 human health and safety or to the environment if released
into the workplace or environment. The administering
22 agency shall specify in writing the basis for any exemption
under thts sectt on.
SECTION 5606 INFORMATION REGARDING HAZARDOUS WASTE
The Health Officer will make information available to fire
I)5 departments and emergency response personnel, upon request,
regarding hazardous wastes, extremely hazardous wastes, and
26 underground tanks, when the information is obtained by the
Health Officer.'
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Ordi nance No. 964
page seven
SECTION 5607 IDENTIFICATION OF AREAS
a. When required by the Director of Fire Services, work areas
in which any person uses or handles hazardous material
shall be identified as such by such measures as the
Director of Fire Services may specify including, but not
limited to, signs, color coding, posting lists of material
and ~4SDS or other notices.
SECTION 5608 FEES
The Board of Supervisors may establish by resolution a schedule
of fees to be paid by persons subject to this Section which is
sufficient to cover the costs of administration resulting from
this Section.
SECTION 5609 TRADE SECRETS
a. A user may designate some, or all, of the information on
the disclosure form as a trade secret. Any information
designated as a trade secret contained on the disclosure
form shall not be disclosed to anyone except:
1. An officer or employee of a governmental entity in
connection with the official duties of such officer or
employee under any law for the protection of health.
2'. Contractors of governmental entities when, in the
opinion of the Director of Fire Services, disclosure
is necessary and required for the protection of health
and the performance of a contract.
3. Any physician where the physician determines and
verities that such information is necessary for the
medical treatment of his or her patient.
b. Any officer or employee of the city or the County, or
former offtcer or employee, who by virtue of such
employment orl official position has obtained possession of
Ordinance No. 964
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zl or has access to information, the disclosure of which is
prohi bi ted by thi s Secti on, and who, knowing that
5 disclosure of the information is prohibited, knowingly and
willfully discloses the information in any manner to any
6 person not entitled to receive it, shall be in violation of
this Section. For purposes of determining a violation of
7 this Secti on, a contractor who has been furni shed
information pursuant to this Section shall be deemed an
8 employee of the city. Any physician who has been furnished
information or who has obtained information pursuant to
9 this Section and who, knowing that disclosure of the
information is prohibited, knowingly and willfully
10 discloses this information, shall be in violation of this
Section.
c. Upon receipt of a request for the release of information to
12 the public which includes information which the user has
notified the Fire Department is a trade secret pursuant to
13 Subsection (a)of this Section, the Fire Department shall
notify the user in writing of said request by certified
]l mail. The Fire Department shall release the information
thirty (30) days after the day of mailing said notice,
15 unless, prior to the expiration of said thirty (30) days,
the user institutes an action in an appropriate court for a
1~; declaratory judgement that said information is prohibiting
disclosure of said information to the general public.
d. The provisions of this Section shall not permit a user to
18~ refuse to disclose information required to be disclosed
pursuant to this Ordinance.
19
e. A release form shall be utilized by persons requesting
20 inforeation pursuant to this Section listing the following
I nforeatt on:
21
1. Specification of the reason for the release of the
22 trade secret information; and,
23 2. Acknowledgeeent by the person to whom the information
ts released that further disclosure of the infornmtion
24 to an unauthorized or to any person without a similar
release form ts unlawful.
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Ordinance No. 964
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4 SECTION 5610 RULES AND REGULATIONS
5 The Director of Fire Services shall make such rules and
· regulations as my be necessary to implement this Section,
6 including, but not limited to, the maintenance of a
comprehensive list of substances which would be classified as
7 hazardous materials under this Section.
8 SECTION 5611 VIOLATIONS
9 Any violation of the provisions of this Ordinance shall be a
misdemeanor.
10
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
11 Tustin held on the 21st day of April , 1986.
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13 ONALD
31 Attest:
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 964 was duly and regularly introduced and read at a regular meeting
of the City C'6~'~cil held on the 3rd day of February, 1986, and was given its
second reading and duly passed and adopted at a regular meeting held on the 21st
day of April, 1986, by the following vote:
AYES : COUNCILPERSONS: Edgar, Hoesterey, Kelly, Kennedy, Saltarelli
NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
City of Tustin, California
Summaries published: February 13, 1986
May 1, 1986