HomeMy WebLinkAboutORD FOR ADOPTION 04-07-86 r '~INANCES FOR ADOPTION
4-7-86
Inter- Corn
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
COF~IUNITY DEVELOPMENT DEPARTMENT
CONTINUED CONSIDERATION OF HAZARDOUS
ORDINANCE AND IMPLEMENTATION PLAN
MATERIALS DISCLOSURE
RECOI~IENDATION:
That Council adopt the amended Hazardous Materials Disclosure Ordinance and
Implementation Plan and assign the Orange County Fire Department as
responsible enforcing agency by taking the following actions:
1. M.O. - conduct second reading by title only of Ordinance No. 964.
2. M.O. - Adopt Ordinance No. 964..
3. Adopt Resolution No. 86-14.
BACKGROUND AND DISCUSSION:
On February 3, 1986, Ordinance No. 964 pertaining to Hazardous Materials
Disclosure had its first reading by Council. At that meeting Council
concurred that the local business community should have input before any
disclosure ordinance or implementation plan is adopted. To permit adequate
time for the business community to respond, final adoption of Ordinance
No. 964 was continued to this date.
On March 5, 1986, the legislative committee of the Tustin Chamber of
Commerce formalized recommendations to their board of directors pertaining
to Ordinance No. 964. The committee has suggested that Ordinance No. 964
be amended concerning exemption from disclosure (Section 5605 d.),
elimination of the provisions for a mandatory emergency key box {Section
5607 b.) since the fire code already provides this authority to the fire
department, and an improved release form detailing the necessity for
release of trade secret information (5609 e.).
City staff, fire department staff and Chamber committee members met on
Wednesday, March 26, 1986 to review and finalize this ordinance. The
attached amended ordinance highlights additions in bold type and strikes
out deletions as recommended by the Chamber of Commerce. Both City and
Fire Department staff find the recommended changes acceptable and therefore
recommend adoption of Ordinance 964 as amended.
A second area of concern to the Chamber Legislative Committee was the fee
schedule proposed by County fire to directly offset the costs to administer
this mandatory state program. Annually, businesses subject to disclosure
of Hazardous Materials will be required to pay a fee for participating in
Ctty Counctl Report
April 7, 1986
Page two
the disclosure program and a second fee for processing a Business Emergency
plan. The overall fees range from $110.00 to $220.00 for the disclosure
program and $157.00 to $230.00 for administration of the emergency plan.
With approximately 282 businesses anticipated to participate in this.
program, the County fire department estimates Tustin program costs as
follows:
Fiscal Year 1986-87 Disclosure Enforcement:
minimum $29,000
maximum $56,000
Fiscal Year 1986-87 Emergency Plans:
minimum $29,000
maximun $42,000
Total Program Costs
minimum $58,000
maximum $g8,000
While City staff proposes the program be self-supporting from user fees,
the Chamber of Commerce recommends against these fees. The Chamber
believes disclosure is a community wide benefit which should be paid for
from the City general fund. If such alternative were implemented, the
City's annual contract with Orange County for fire services would increase
in an amount from $S8,000 to $98,000 annually.
City Staff, Fire Department Staff and Chamber of Commerce members will be
present at the Council's meeting to answer your questions.
~ment
DDL:JSD:em:pef
Attachments:
Resolution No. 86-14
Amended Ordinance No. 964
...... Community Development Department
1
2
3
4
5
6
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
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
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
ae
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;
be
Basic information on the location, type and the health
risks of hazardous mater.ials used or stored in the city is
not now available to ftreftghters, health officials,
planners, elected officials and other emergency response
personnel;
It is intended that the system of disclosure set forth in
this ordinance shall provide that information essential to
ftreftghters, 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:
"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 Heal th and Human Services on its
Second Annual Report on Carcinogens.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
9.5
26
27
28
Ordinance rio. 964
page two
bo
Ce
de
ee
fe
"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
[ of Division 5 of the California Labor Code) or
pursuant to any applicable federal law or regulation;
or
2. Listed in Section 25316 of the Health and Safety Code;
or
e
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
9,6
27
28
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 25115 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
2. The Code of Federal Regulations, Title 40, Sections
261.31-261.33.
k. "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.
m. "Person" means an individual, trust, firm, joint stock
company, corporation, partnership or association.
"Physician" means any person who holds a valid certificate
from the State of California to practice the healing arts.
Oe
"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.
q. "Use" includes the handling, processing or storage of a
hazardous substance.
r. "User" means any person who uses a hazardous substance or
handles a hazardous waste.
SECTION 5603 FILING OF A HAZARDOUS MATERIAL DISCLOSURE FORM
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.
1
2
3
4
5
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ordinance No. 964
page four
be
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 add'ess.
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 undisclpsed
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 disclosure 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.
4. 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.
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.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
Ordinance No. 964
page ftve
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 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
a. 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.
e
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 matertal 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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
Ordinance No. 964
page six
J
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, whi'le 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 4g 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.
b. 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.
c. 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.
The Director of Fire Services, upon application by a
handler, may exempt a hazardous matortal fro. tnventomy
provisions of Sectton 5604 upon proof that the matortal(s)
does not pose a significant present or potential hazard to
human hea]th and safety or to the environment if released
lnto the workplace or environment. The admtntsterln§
agency shall specify in vrtttng the basts for any exemption
under this section.
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.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ordinance No. 964
page seven
SECTION 5607 IDENTIFICATION OF AREAS
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.
~-f-- sug§es-t, ed- ~y - ~ .D-i ~ec--t,o~ - el- -F-t.re - Se~-v-'l.ce s.~- ..ami - per-.seg
safari ~'l-n~ -a- -d-1. sc-les u~e- -form- may- -a-~ -l~a-t,- .pe~son-~ s - ept~1-o~
t n:*~a-1. % - an- -appre red- -key- 4)e~ - ~ c,,'~et* ~y~cy- ~t-l-t-za t. t-o~ -~
)4S0~,- -fqeee - t~tae~,--st-t~- -pl =ns- ~+H- ~<e s~- ke)~.-- --Tine
%acer4 ee -o4:- ~e -op~+ene4- key- Joe~-sh:! 4 -~ -~s- des-igaa ~ed- 4~y
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
ae
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 and
verifies 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
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
Ordinance No. 964
page eight
de
or has access to information, the disclosure of which ts
prohibited by this Section, and who, knowing that
disclosure of the Information Is prohibited, knowingly and
willfully discloses the information in any manner ~o 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 city. Any physician who has been furnished
information or who has obtained information pursuant to
thts Section and who, knowing that disclosure of the
information is prohibited, knowingly and willfully
discloses this information, shall be in violation of this
Section.
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.
A relemse form shall be uttltzed by persons requesting
tnformtton pursuant to this Sectton ltsttng the following
tnformtton:
Specification of the reason for the release of the
trade secret Information; and,
Acknowledgement by the person to whom the information
is released that further disclosure of the information
to an unauthorized or to any person without a stmtlar
release form ts unlawful.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ordinance No. 964
page nine
SECTION 5610 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
Tusttn held on the day of , 1986.
Attest:
FRANK H. GREINKE, MAYOR
MARY E. WYNN, CITY CLERK
1
2
3
4
5
6
7
8
9
10
11
19.
13
14
15
16~
17
18
19
20
21
23
25
26
27
28
RESOLUTION NO. 86-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
NAMING THE ORANGE COUNTY FIRE OEPARTMENT AS THE AGENCY
RESPONSIBLE FOR IMPLEMENTING AND ENFORCING THE REQUIREMENTS
OF STATE OF CALIFORNIA ASSEMBLY BILL NO. 2185
The City Counct1 of the ctty of Tusttn, California, resolves as follows:
I. The City Counctl does hereby resolve:
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-5, 1985, the Orange County Board of Supervisors
approved a Hazardous Materials Otsclosure Ordinance, and on
January 14, 1986 approved the Hazardous Materials Disclosure
Implementation Plan.
That it ts tn the best interests of the city, and the most
efficient and cost-effective manner tn which to Implement the
mandate of AB 2[85 tf 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.
PASSEO AND ADOPTED at a regular meeting of the City Council of the City of
Tusttn held on the day of , [986.
Attest:
FRANK H. GREINKE,
Mayor
MARY E. 14YNN,
Ctty Clerk