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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. 2 Ordinance No. 964 page two 3 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 Ordinance No. 964 2 page three 3 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 25 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. 28 1 2 Ordinance No. 964 page four 3 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. 25 5. A listing of the chemical name and any common names of 26 every.hazardous material used by the person completing the disclosure form. 27 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 page five 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. ] Ordinance No. 964 2 page six 3 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.' 28 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 2 page ei ght 3 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. 25 26 27 28 1 Ordinance No. 964 2 page nine 3 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. 12 13 ONALD 31 Attest: 17 18 20 21 23 25 26 27 28 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