HomeMy WebLinkAboutORD FOR ADOPTION 04-21-86TO:
FROM:
SUBJECT:
WILLIAbl A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
CONTINUED CONSIDERATION OF ORDINANCE NO. 964 AND RESOLUTION
NO. 86-14: HAZARDOUS MAT£RZALS DZSCI. OSURtr PROGRAH
RECOI~IENDATTON:
Staff recommends the City Council proceed with adoption of Ordinance No. 964 and
Resolution No. 86-14 by taking the following actions:
1. Conduct second Reading and Adopt Ordinance No. 964.
2. Adopt Resolution No. 86-14.
DISCUSSZON:
The City Council at its last meeting on April 7, 1986, continued consideration
of Ordinance No. 964, a proposed Ordinance to initiate a Hazardous Materials
Disclosure Program for the City of Tustin.
Council continued the item to permit the Orange County Fire Department an
opportunity to review the final draft of Ordinance No. 964, which includes
additions and deletions recommended by both City staff and the Chamber of
Commerce Legislative Committee.
Following the Council's last meeting, Mr. John Howltnd of Orange County Fire
has contacted Community Development and indicated his concurrance with Ordinance
No. 964.
~ment
DDL:cd
Attachments: Ordinance No. 964
Resolution No. 86-14
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ORDINANCE HO. 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 Tusttn does ordain as follows:
The City Council does hereby find and determine:
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;
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 of disclosure set forth in
this ordinance shall provide that information essential to
fireftghters, 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 Health and Human Services on its
Second Annual Report on Carcinogens.
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Ordinance No. 964
page ~o
be
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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 wtth 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 1ts chemtcal 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 (t) or (j) in this Section, or
any material designated pursuant to Section 5602.
t. "Hazardous material" means any substance or product:
For which the manufacturer or producer ts requtred to
prepare a MSDS for the substance or product pursuant
to the Hazardous Substances Information and Tratntng
Act (commencing wtth Sectton 6360, Chapter 2.5, Part
! of OtvtSton 5 of the California Labor Code) or
pursuant to any applicable federal law or regulation;
or
Listed in Section 25316 of the Health and Safety Code;
or
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Which ts ltsted as a radioactive matertal 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
5. Which the Director of the Department of Food and
Agriculture classifies as pesticides; or
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Ordinance No. 964
page three
6. Whtch the EPA classtffes as priortty organtc
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.
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"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.
"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.
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"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
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
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Any person who, durtng 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
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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.
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U.N. identification number as may be required by the
Fire Department.
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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.
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Ordinance 14o. 964
page five
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Specific Information on how and where the hazardous
materials are handled or used by the user so as to
allow ftre and safety personnel to prepare adequate
emergency response plans to potential releases of the
hazardous materials.
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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 ltmtted to, toxicity,
flammability, reactivity, and corrostvtty 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.
¸2.
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 stx
Hazardous materials contained solely in consumer
products packaged for use by and distributed to the
general public unless the product is repackaged or
altered tn any way; provided, however, the manufacture
and distribution of these products are not exempt.
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Any person, while engaged in the transportation of
hazardous matorials, 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 thts 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.
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No MSOS shall be required for any hazardous material for
which an MSDS is not available at the time disclosure ts
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 Flre Services, upon application by a
handler, lay exempt a hazardous latortal from inventory
provisions of Section 5604 upon proof that the latertal(s)
does not pose a significant present or potential hazard to
human health and safety or to the environment if released
into the workplace or environment. The administering
agency shall specify in writing the basis for any exemption
under this section.
SECTION 5606 INFORMATION REGARDING HAZARDOUS ~ASTE
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.
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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.
ql~l~-~--ehe-~~-be~-sha-t-t--be-as-des4§aa~ed-~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
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.
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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
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Ord'inance No. 964
page et ght
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or has access to Information, the disclosure of whtch Is
prohibited by this Sectton, and who, knowtng that
disclosure of the Information ts prohibited, knowingly and
willfully discloses the Information tn any manner to any
person not entttled to recetve tt, shall be tn violation of
thts Sectton. For purposes of determining a violation of
thts Sectton, a contractor who has been furnished
Jnformatton pursuant to this $ectton shall be deemed an
employee of the ctty. Any phystcJan who has been furnished
Information or who has obtatned Information pursuant to
thts Sectton and who, knowtng that disclosure of the
Information ts prohibited, knowingly and willfully
discloses thts 1nformaUon, shall be In violation of this
Sectton.
Upon recetpt of a request for the release of Information to
the publtc whtch tncludes Information whtch the user has
notlfted the Ftre Oepartment ts a trade secret pursuant to
Subsection (a) of thts Sectton, the Ftre Department shall
nottfy the user tn wrtttng of satd request by certified
mat1. The Ftre Department shall release the Information
thtrty (30) days after the day of malltng satd notice,
unless, prtor to the expiration of said thirty (30) days,
the user Institutes an actton tn an appropriate court for a
declaratory Judgement that satd Information ts prohibiting
disclosure of satd Information to the general publtc.
The provisions of thts Sectton shall not permlt a user to
refuse to dtsclose Information requtred to be disclosed
pursuant to thts 0rdtnance.
A release form shall be uttllzed by persons requesting
Information p. rsuant to thts Sectton 11sttng the following
lnformtton:
Specification of the reason for the release of the
trade secret tnformtton; and,
Acknowledgement by the person to whom the Information
ls released that further disclosure of the Information
to an unauthorized or to any person wtthout a slmflar
release for~ ls unlawful.
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Ordinance No. 964
page ntne
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
Tustin held on the day of , 1986.
Attest:
DONALD J. SALTARELLI, 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:
A. 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.
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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 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
Tusttn held on the day of , 1986.
Attest:
DONALD J. SALTARELLI,
Mayor
MARY E. WYNN,
City Clerk