HomeMy WebLinkAboutORD FOR INTRODUCTION 02-03-86OATE: FEBRUARY 3, 1986
NO. 1
2-3-86
Inter- Com
ORDINANCES FOR INTRODUCTION
TO:
FROM:
SU BJ ECT:
HONORABLE MAYOR AND CITY COUNCIL
COI~UNITY DEVELOPMENT DEPARTMENT
HAZARDOUS MATERIALS DISCLOSURE ORDINANCE AND IMPLEMENTATION PLAN
RECOMMENDATION:
That the Council adopt the Orange County Hazardous Materials Disclosure
Implementation Plan and assign the Orange County Fire Department as the
responsible enforcing agency by taking the following actions:
M.O. have first reading by title only of Ordinance No. 964.
Introduce Ordinance No. 964.
Adopt Resolution No. 86-14.
SUI,II~RY:
On September 28, 1985 Assembly Bill 2185 (AB 2185) was signed into law requiring
that every county, or individual city implement a program causing businesses
within that jurisdiction to annually disclose type, quantity and location of all
hazardous substances and/or wastes on their premises. In an action taken on
November 5, 1985 the Orange County Board of Supervisors adopted a Hazardous
Materials Disclosure Ordinance (HMDO) in accordance with the provisions of AB
2185, and on January 14, 1986 adopted the HMDO Implementation Plan. Orange
County Fire Department has been designated as the agency responsible for
monitoring and enforcing the County HMDO.
DISCUSSION:
As mandated by Assembly Bill 2185 the city must implement a program maintaining
an inventory of businesses which handle hazardous materials; establishing a plan
for individual businesses identifying emergency response procedures and
establishing an area plan covering emergency response procedures for major
incidents. At the option of the city, such a program may be administered by
that jurisdiction, or the county may be designated as the responsible agency. A
brief discussion of each option follows:
Orange County Fire Department as Responsible Agency
In response to AB 2185, and upon independent action by the Board of Supervisors,
the County of Orange has developed a hazardous materials disclosure
implementation plan for the unincorporated areas of Orange County. As
developed, the program can also accommodate cities with which OCFD provides
contract services.
City Council
Hazardous Materials
page two
To summarize, the county plan will accomplish the following:
Identification and records management - designate hazardous materials
and, by means of disclosure forms and other methods, identify facilities
handling such materials. Maintain accessible records of designated
hazardous materials, occupancies subject to the Hazardous Materials
Disclosure Ordinance, and business emergency plans {including hazardous
materials release response plans) for subject occupancies.
Legislative analysis - monitor and intepret Federal, State and local
regulations as they pertain to handling of hazardous materials.
Monitor compliance - insure that regulations are properly implemented, by
means of inspection, validation, permit coordination, and review of
emergency response plans.
Information dissemination - provide information, assistance, and training
to emergency response personnel, the public, 'businesses, planners, and
officials. Serve in a liaison capacity to assure interagency
coordination. Special consideration has been given to the protection of
trade secrets.
Maintain internal procedures - establish fee schedules, procedures for
billing, cost recovery, investigation, and enforcement.
To completely off-set the estimated $540,000 annual cost associated with this
program, a fee schedule has been established based upon number and quantity of
chemicals stored at a particular site. Two separate fees will be assessed, one
for processing of a Disclosure Statement, and one for processing of a Business
Emergency Plan. The fees for each are as follows:
Disclosure Statement
Maximum Humber of
Chemicals Handled Annually
Annual Fee
1986
Subsequent Annual
Fee Commencing
Feb. 1987
1-2 $110 $100
3-6 $165 $150
7 or more $220 $200
Quanity Range*
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*quantity range 1
55-1000 gallons
or 200-1000 cubic feet
or 50-1000 pounds
Business Emergency Plan
quantity range 2
1001-10,000 gallons
or 1001-5000 cubic feet
or 1001-5000 pounds
Annual Fee
$157
$193
$230
quantity range 3
10,001 or more
or 5,001 or more
cubic feet
or 5001 or more
pounds
Community Development Department
City Council
Hazardous Materials
page three
This fee structure was developed with cooperation of the Orange County Chamber
of Commerce. Additionally, the Tustin Chamber is currently reviewing the
proposal.
City of Tustin as Responsible Agency
Although a detailed study has not been conducted, it is estimated that because
of technical expertise required, the need for constant inspection and
monitoring, and simply processing paperwork involved, that at least three {3)
additional positions will be required. Further, the impact to existing support
systems in terms of accounting program development (computer software) and
billing must be considered in any cost-benefit analysis. Finally, logistical
aspects that must be addressed concerning effective and expedient transmittal of
information to emergency response personnel need to be included in the total
cost of the program.
Excluding start-up costs, it is estimated that the city could administer a
program similar to the county planar about the cost to the business community
that the county will assess. However, because of the overall resources
available to the county as well as other logistical considerations, it is
staff's opinion that OCFD will implement the program in a more effective and
efficient manner than the city would.
With these factors in'mind staff recommends that the Council, by the adoption of
Resolution No. 86-14 and Ordinance No. 964 designate the Orange County Fire
Department as the agency responsible for administering the hazardous materials
program required by Assembly Bill 2185.
ocS. DAVIS,
fate Planner
JD:do
Community Development Department
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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:
Ao
That the following sections be added to the city of Tustin
Municipal Code:
SECTION 5600 PURPOSE
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;
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;
It is intended that the system o~ 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 is not
abridged;
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:
ao
"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.
Ordinance No. 964
page two
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"CAS number" means the unique identification name as
assigned by the Chemical Abstracts Services to specific
chemical substances.
"Chemical name" means the scientific designation of a
substance in accordance with the International Union of
Pure and Applied Chemistry or the system developed by the
Chemical Abstracts Services.
"Common name" means a designation of identification such as
code name, code number, trade name or brand name used to
identify a substance other than by its chemical name.
"Disclosure form" means the written request for information
prepared pursuant to Sections 5603 and 5604.
"Handle" means to generate, treat or dispose of a hazardous
material in any fashion.
g. "Handler" means any person who handles a hazardous
substance.
h. "Hazardous material" means any substance or hazardous waste
as defined in subdivisions (i) or (j) in this Section, or
any material designated pursuant to Section 5602.
i. "Hazardous material" means any substance or product:
For which the manufacturer or producer is required to
prepare a MSDS for the substance or product pursuant
to the Hazardous Substances Information and Training
Act (commencing with Section 6360, Chapter 2.5, Part
1 of Division 5 of the California Labor Code) or
pursuant to any applicable federal law or regulation;
or
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Listed in Section 25316 of the Health and Safety Code;
or
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Which is listed as a radioactive material set forth in
Chapter 1, Title 10, Appendix B, Code of Federal
Regulations; or
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
this Section; or
Which the Director of the Department of Food and
Agriculture classifies as pesticides; or
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Ordinance No. 964
page three
6. Which the EPA classifies as priority organic
pollutants.
"Hazardous waste" or "extremely hazardous waste" means any
material that is identified in:
Sections 25116 or 25117 of the California Health and
Safety Code and set forth in Sections 66680 and 66684
of Title 22 of the California Administrative Code; or
The Code of Federal Regulations, Title 40, Sections
261.31-261.33.
"Health Official" means the Health Officer of the county of
Orange or his deputy.
"MSDS" means a Material Safety Data Sheet prepared pursuant
to Section 6390 of the California Labor Code or pursuant to
the regulations of the Occupational Safety and Health
Administration of the United States Department of Labor.
"Person" means an individual, trust, firm, joint stock
company, corporation, partnership or association.
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"Physician" means any person who holds a valid certificate
from the State of California to practice the healing arts.
"SIC code" means the identification number assigned by the
Standard Industrial Classification code to specific types
of businesses.
"Storage" or "storing" means the containment of substances
or materials in such a manner as not to constitute disposal
of such substances or materials.
"Use" includes the handling, processing or storage of a
hazardous substance.
"User" means any person who uses a hazardous substance or
handles a hazardous waste,
SECTION 5603 FILING OF A HAZARDOUS MATERIAL DISCLOSURE FORM
Bo
Any person who uses or handles a hazardous material must
semi-annually, during the months of January and July,
submit a completed disclosure form to the Orange County
Fire Department.
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Ordinance No. 964
page four
Any person who, during the calendar year, for the first
time becomes a user or handler of any hazardous material
must submit a completed disclosure form to the Orange
County Fire Department within thirty (30) days of becoming
a user or handler. Thereafter any such user or handler
shall comply with the provisions of Section 5603(a).
The Orange County Fire Department may, upon thirty (30)
days written notice, require the submittal of a disclosure
form of any user or handler.
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
of any of the following:
1. A change in business address.
2. A change in business ownership.
3. A change of business name.
4. Cessation of business operations.
5. The use or handling of a previously undisclosed
hazardous material.
6. A significant change in the use or handling of a
hazardous material for which disclosure has been
previously made.
SECTION 5604 REQUIRED DISCLOSURE FORM
The disclosure form shall be developed by the Director of
Fire Services, and shall include, but not be limited to,
the following:
A copy of the MSDS for every hazardous material used
by the person completing the diosclosure form as
required by the Fire Department.
2. CAS number as may be required by the Fire Department.
3. SIC code as may be required by the Fire Department.
U.N. identification number as may be required by the
Fire Department.
A listing of the chemical name and any common names of
every hazardous material used by the person completing
the disclosure form.
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The maximum amount of each hazardous material which is
handled or used at any one time by the user over the
course of the year.
Ordinance No. 964
page fi ve
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Spectfic--l~formation 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 materials.
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-business hours.
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
information:
To the Fire Department, any information determined by
the Fire Department to be necessary to protect the
public health, safety or the environment.
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
The following materials or persons are exempt from the
disclosure requirements of Section 5603:
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.
Hazardous materials or substances contained in food,
drug, cosmetic or tobacco products.
Any person using or handling less than 500 pounds or
55 gallons per year, whichever is the lesser, of a
hazardous material shall be exempted from the
requirement of disclosure of that use or handling
unless the Fire Chief has provided notice that the
weight or volume limits of this exemption for a
specific hazardous material has been lowered in
responce to public health concerns or to meet the
intent and requirements of the Uniform Fire Code.
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Ordinance No. 964
page six
e
Hazardous materials contained solely in consumer
products packaged for use by and distributed to the
general public unless the product is repackaged or
altered in any way; provided, however, the manufacture
and distribution of these products are not exempt.
Any person, while engaged in the transportation of
hazardous materials, including storage directly
incident thereto, provided that such materials are
accompanied by shipping papers prepared in accordance
with the provisions of 49 Code of Federal Regulations,
Subchapter c, as now in existence or as hereafter
amended or changed.
Infectious waste generated by hospitals, medical
centers, clinics and other health care facilities that
are regulated under Title 22 of the California
Administrative Code.
The exemptions contained in this Section shall not apply to
the using or handling of carcinogens, except to the extent
that such carcinogens are handled or used solely for
personal purposes.
No MSDS shall be required for any hazardous material for
which an MSDS is not available at the time disclosure is
required, provided, however, that such MSDS shall be
submitted to the Fire Department within fifteen (15) days
after receipt by the user of the MSDS.
SECTION 5606 INFORMATION REGARDING HAZARDOUS WASTE
The Health Officer will make information available to fire
departments and emergency response personnel, upon request,
regarding hazardous wastes, extremely hazardous wastes, and
underground tanks, when the information is obtained by the
Health Officer.
SECTION 5607 IDENTIFICATION OF AREAS
ao
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 MSDS or other notices.
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Ordinance No. 964
page seven
When required'by the Director of Fire Services, any person
submitting a disclosure form may be required to install an
approved key box for emergency utilization of MSDS, floor
plans, site plans and access keys. The location of the
required key box shall be as designated by the Director of
Fire Services.
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 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:
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.
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.
Any physician where the physician determines that such
information is necessary for the medical treatment of
his or her patient.
Any officer or employee of the city or the County, or
former officer or employee, who by virtue of such
employment or official position has obtained possession of
or has access to information, the disclosure of which is
prohibited by this Section, and who, knowing that
disclosure of the information is prohibited, knowingly and
willfully discloses the information in any manner to any
person not entitled to receive it, shall be in violation of
this Section. For purposes of determining a violation of
this Section, a contractor who has been furnished
information pursuant to this Section shall be deemed an
employee of the County. Any physician who has been
furnished information or who has obtained information
pursuant to this Section and who, knowing that disclosure
of the information is prohibited, knowingly and willfully
discloses this information, shall be in violation of this
Section.
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Ordinance No. 964
page eight
Upon receipt Of''a request for the release of information to
the public which includes information which the user has
notified the Fire Department is a trade secret pursuant to
Subsection (a) of this Section, the Fire Department shall
notify the user in writing of said request by certified
mail. The Fire Department shall release the information
thirty (30) days after the day of mailing said notice,
unless, prior to the expiration of said thirty (30) days,
the user institutes an action in an appropriate court for a
declaratory judgement that said information is prohibiting
disclosure of said information to the general public.
The provisions of this Section shall not permit a user to
refuse to disclose information required to be disclosed
pursuant to this Ordinance.
SECTION 56.10 RULES AND REGULATIONS
The Director of Fire Services shall make such rules and
regulations as may be necessary to implement this Section,
including, but not limited to, the maintenance of a
comprehensive list of substances which would be classified as
hazardous materials under .this Section.
SECTION 5611 VIOLATIONS
Any violation of the provisions of this Ordinance shall be a
misdemeanor.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the day of , 1986.
Attest:
FRANK H. GREINKE,
Mayor
MARY E. WYNN,
City Clerk
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RESOLUTION NO. 86-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
NAMING THE ORANGE COUNTY FIRE DEPARTMENT AS THE AGENCY
RESPONSIBLE FOR IMPLEMENTING AND ENFORCING THE REQUIREMENTS
OF STATE OF CALIFORNIA ASSEMBLY BILL NO. 2185
The City Council of the city of Tustin, California, resolves as follows:
I. The City Council does hereby resolve:
Ao
That on September 28, 1985, Assembly Bill 2185 (AB2185) relating
to the disclosure of hazardous materials was signed into law by
the Governor of the State of California.
That pursuant to AB 2185, the city must implement a hazardous
materials disclosure program, or designate the County of Orange
as the agency responsible for administration of such a program.
That on November $, 1985, the Orange County Board of Supervisors
approved a Hazardous Materials Disclosure Ordinance, and on
January 14, 1986 approved the Hazardous Materials Disclosure
Implementation Plan.
That it is in the best interests of the city, and the most
efficient and cost-effective manner in which to implement the
mandate of AB 2185 if the city designates the Orange County Fire
Department as the agency.responsible for enforcing hazardous
materials disclosure ordinances.
II.
The City Council hereby designates the Orange County Fire Department
as the agency responsible for administration and enforcement of
hazardous materials disclosure plans required by State and/or local
regulations.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the ~ day of , 1986.
Attest:
FRANK H. GREINKE,
Mayor
MARY E. WYNN,
City Clerk