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HomeMy WebLinkAbout87-28 Concerning Hazardous Materials DisclosureORDINANCE NO. 87-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OONCEI;IING HAZARD- OUS MATERIALS DISCLOSURE. THE CITY COUNCIL CF THE CITY CF OOSTA MESA DOES HEREBY ORDAIN AS FOLLOVS : SECTION 1. The City Council of the City of Costa Mesa finds and declares as follows: 1. The State of California on September 28, 1985, enacted Sections 25500-25541 of the Health & Safety Code relating to the disclosure of hazardous materials. 2. Pursuant to the above statute the County of Orange is responsible for administering and enforcing the regulations unless the City of Costa Mesa assumes responsibility by ordinance. 3. 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. 4. It is in the best interests of the City, and the most efficient arra cost-effective manner in which to implement the mandate of Health & Safety Code, Section 25500-25541 is to designate the Orange County Fire Department as the agency responsible for enforcing hazardous materials disclosure ordinances. 5. The fees established by the Orange County Board of Supervisors for the implementation program and annual disclosure statements have been set as of January 14, 1986. Accordingly, the City Council of the City of Costa Mesa hereby desig- nates the Orange County Fire Department as the agency responsible for the administration and enforcement of hazardous materials disclosure and adds Section 7-51 to Chapter II, Title 7 of the Costa Mesa Municipal Code. SECTION 2. "Section 7-51 Amendments to Article 80 of code, Hazardous Materials. Sections 80-200 thru 80-300 are added to read as follows: HAZARDOUS MATERIALS DISCLOSURE Section 80-200. Intent and Purpose. (a) Emergency service personnel in the City and County 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 stared in the City is not now available to f iref ighters , health officials, planners, elected officials and other emergency response personnel; (c) It is intended that the systEm. of disclosure set forth in this article shall provide that information essential to firefighters, health officials, planners, elected officials and other Emergency service person- nel in meting their responsibilities for the health and welfare of the community in such a fashion that trade secrecy is not abridged; (d) It is further intended that this article implement the commun- ity's right and need for basic information on the use and disposal of hazardous materials in the City and provide for an orderly system for the provision of such information. Section 80-210. Definitions. For the purpose of this article the terms listed in this section shall be defined as follows; provided, however, references to statutes or regula- tions in existence at the time this article is adopted shall also include references in such statutes or regulations as they may be amended or changed in the future: (a) Carcinogen refers to a substance which causes cancer. For pur- poses of this article, 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. (b) CAS number means the unique identification name as assigned by the Chemical Abstracts Services to specific chemical substances. (c) 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. (d) Common name mans 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. (e) Director of Fire Services for hazardous materials disclosure only shall man the Chief of the Orange County Fire Department. (f) Disclosure form means the written request for information pre- pared pursuant to sections 80-230 and 80-240. (g) Handle means to generate, treat or dispose of hazardous material in any fashion. (h) Handler means any person who handles a hazardous substance. MM (i) Hazardous material means any substance or hazardous waste as defined in subdivision (j) or (k) in this section, or any material desig- nated pursuant to section 80-220. (j) Hazardous material means any substance or product: (1) For which the manufacturer or producer is required to pre- pare a MSDS for the substance or product pursuant to the Hazardous Substances Information and Training Act (commenc- ing 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 (2) Listed in Section 25316 of the Health and Safety Code; or (3) Vhich is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, Code of Federal Regula - t ions ; or (4) Thich is listed as a legal carcinogen fran the California Administrative Code, Title 8, Subchapter 7, Group 16 and those substances specified in item (a) of this section; or (5) Reich the Director of the Department of Food arra Agriculture classifies as pesticides; or (6) Dohzich the EPA classifies as priority organic pollutants. (k) Hazardous waste or extremely hazardous waste means any material that is identified in: (1) 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. (1) Health Off icial means the Health Officer of the County of Orange or his deputy. (m) MSDS means a Material Safety Data Sheet prepared pursuant to Section 6390 of the Califiornia Labor Code or pursuant to the regulations of the Occupational Safety arra Health Administration of the United States Department of Labor. (n) Person means an individual, trust, firm, joint stock company, corporation, partnership or association. (o) Physician means any person who holds a valid certificate from the State of California to practice the healing arts. - 3 - (p) SIC code means the identification number assigned by the Standard Industrial Classification code to specific types of business. (q) Storage or storing means the containment of substances or mate- rials in such a manner as not to constitute disposal of such substances or materials. (r) Use includes the handling, processing or storage of a hazardous substance. (s) User means any person who uses a hazardous substance or handles a hazardous waste. Section 80-220. Additional designation of hazardous materials. A substance may be deemed a hazardous material or hazardous waste upon a finding by the Director of Fire Services that the substance, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the community. The Director of Fire Services may use the Uniform Fire Code published by the Western Fire Chiefs to assist in requiring the types and amounts of such substances to be disclosed. Section 80-230. Filing of a hazardous material disclosure form. (a) Any person who uses or handles a. hazardous material must semi- annually, during the imnths of January and July, submit a completed disclosure form to the Orange County Fire Department. . (b) 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 80-230(a) . (c) The Orange County Fire Department may, upon thirty (30) days written notice, require the submittal of a disclosure form of any user or handler. (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 of any of the following: (1) A change in business address. (2) A change in business ownership. (3) A change in business name. (4) Cessation of business operations. - 4 - (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 TAhich disclosure has been previously made. Section 80-240. Required disclosure form. (a) The disclosure form shall be developed by the Director of Fire Services, and shall include, but not be limited to, the following: (1) A copy of the MSDS for every hazardous material used by the person completing the disclosure form as required by the Orange County Fire Department. (2) CAS number as may be required by the Orange County Fire Department. (3) SIC code as may be required by the Orange County Fire Department. (4) U.N. identification number as may be required by the Orange County Fire Department. (5) A listing of the chemical nave and any common names of every hazardous material used by the person completing the dis- closure form. (6) The maximum amount of each hazardous material which is handled or used at any one titre by the user over the course of the year. (7) Specific information on how and where the hazardous mate rials 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. (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 arra non -business hours. (9) The hazard characteristics of every hazardous material disclosed, including, but not limited to, toxicity, flamma- bility, reactivity, and corrosivity as may be required by the Fire Department. (b) Upon request all users must provide the following infonnation: (1) Th the Orange County or Costa Mesa Fire Department, any information determined by the Orange County or Costa Mesa Fire Department bD be necessary to protect the public health, safety or the errvirorment. - 5 - (2) To any physician, vhere the physician determines that such information is necessary to the medical treatment of his or her patient. Section 80-250. Exemptions frau disclosure. (a) The following materials or persons are exempt from the disclosure requirements of Section 80-230: (1) A material designated as a hazardous material by this article solely by its presence in 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 five hundred (500) pounds or fifty-five (55) gallons per year, whichever is the lesser, of a hazardous material shall be exempted frau the requirement of disclosure of that use or handling unless the Director of Fire Services has provided notice that the weight or volume limits of this exemption for a specific hazardous material has been lowered in response to public health concerns or to meet the intent and requirements of the Uniform Fire Code. (4) Hazardous materials contained solely in consumer products packaged for use by and distributed to the general public unless the products are not exempt. (5) Any person, while engaged in the transportation of hazardous materials, including storage incident thereto, provided that such materials are accompanied by shipping papers prepared in accordance with the pr ov i s ions of 49 Code of Federal Regulations, Subchapter C, as now in existence or as here- after amended or changed. (6) 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 carcino- gens 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. Section 80-260. 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 80-270. Identification of areas. (a) Men required by the Costa Mesa Fire Department, work areas in which any person uses or handles hazardous material shall be identified as such by such measures as the Costa Mesa Fire Department may specify includ- ing, but not limited to, signs, color coding, posting lists of material and MSDS or other notices. (b) [mien required by the Costa Mesa Fire Department, 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 Costa Mesa Fire Department. Section 80-280. Fees The Orange County Board of Supervisors may establish by resolution a schedule of fees to be paid by persons subject to this article which is sufficient to comer the casts of administration resulting from this article. Section 80-290. 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 of f icer or employee of a governmental entity in connec tion with the off icial duties of such off icer or employee under any law for the protection of health. (2) Contractors or 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 that such information is necessary for the medical treatment of his or her patient. (b) Any officer or Employee of the City or County, or former officer or employee, who by virtue of such employment or off icial position has obtained possession of or has access to information, the disclosure of v�hidh is prohibited by this section, and who, knowing that disclosure of - 7 - the information is prohibited, knowingly and willfully discloses the infor- mation in any manner to any person not entitled to receive it, shall be in violation cf this section. For purposes .of determining a violation of this section, a contractor win has been furnished information pursuant to this section shall be deemed an enployee 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. (c) Upon receipt of a request for the release of information to the public which includes information which the user has notified the Orange County Fire Department is a trade secret pursuant to subsection (a) of this section, the Orange County Fire Department shall notify the user in writing of said request by certified mail. The Orange County Fire Department shall release the information thirty (30) days after the day of mailing said notices, unless, prior to the expiration of said thirty (30) days, the user institutes an action in an appropriate court for a declaratory judgment that said information is subject to protection under subsection (b) of this section and/or an injunction prohibiting disclosure of said information to the general public. (d) The provisions of this section shall not permit a user to refuse to disclose information required to be closed pursuant to this article. Section 80-295. Rules and regulations. The Director of Fire Services may be necessary to implement this the maintenance of a comprehensive fieri as hazardous materials under Section 80-300. Violations. shall make such rules and regulations as article, including, but not limited to, list cf substances which would be classi- this article. Any violation cf the provisions of this article shall be a misde- meanor." SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration cf fifteen (15) days fron its passage shall be published once in the ORANGE CQ%ST DAILY PILOT, a newspaper of general circulation, printed arra published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. M:= PASSED AND ADOPTED this 7th day of December, 1987 Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Ccsta esa STATE CF CALIFORNIA ) ODUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM.ry CITY ATTORNEY I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Ordinance No. 87-28 was introduced and considered section by section at a regular meting of said City Council held on the 16th day of November, 1987, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 7th day of December, 1987, by the following roll call vote: AYES: COUNCIL MEMBERS: VJA&J440f NOES: COUNCIL MEMEERS : ABSENT: COUNCIL MEMBERS: / _ft9_ IN WITNESS WHEREOF, I have hereunto set my hand and of fixed the Seal of the City of Costa Mesa this 8th day of December, 1987. C y Clerk aril ex -off icio Clerk the City Council of the City of C Mesa