HomeMy WebLinkAboutORD 11-16 Amending Chapter 15.33 For Hazardous MaterialsORDINANCE NO. 11 -16
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING AND RESTATING
CHAPTER 15.33 OF THE ORANGE MUNICIPAL
CODE RELATING TO HAZARDOUS MATERIALS.
WHEREAS, the City of Orange Fire Department is responsible for enforcing the fire
and safety regulations of the State of California; and
WHEREAS, the State Statues within the Health & Safety Code referencing
Hazardous Materials have been amended over time and the City wishes the Orange
Municipal Code to remain consistent with the Health & Safety Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SEC'.TION i_
The following Sections of Chapter 15.33 of the Orange Municipal Code is hereby
repealed in its entirety and replaced as follows:
15.33.010 - Definitions.
For the purpose of this chapter, the terms listed in this section shall be defined as follows:
A. "Carcinogen" refers to a substance which causes cancer. For purpose of this Ordinance,
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. "California Environmental Reporting System" (CERS) means the statewide web -based
system for electronically collecting and reporting various hazardous materials - related
data as mandated by the California Health and Safety Code and AB2286.
D. "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 Service.
E. "Common Name" means any designation or identification such as code name, code
number, trade names or brand name used to identify a substance other than by its
chemical name.
F. 'Electronic Disclosure" means the electronic submittal of required information
prepared pursuant to Section 15.33.030 as required by California Health and Safety
Code Chapter 6.95.
G. "Facility" means a building, use or activity on a property including exterior storage
areas for hazardous materials. Where uses or activities on a property can be separated
into distinct and separate functions, they shall be considered separate facilities.
H. "Handle" means to generate, treat, store or dispose of a hazardous waste in any fashion.
I. "Hazardous Material" means any substance or hazardous waste as defined in
Subsection (H) or (I) in this section, or any material designated pursuant to Section
15.33.020.
J. "Hazardous Material" means any substance or product:
1. For which the manufacturer or producer is required to prepare a SDS 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,
2. Listed in Section 25316 of the Health and Safety Code; or,
3. Which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix
B, maintained and updated by the Nuclear Regulatory Commission; or,
4. Which is listed as 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 classify as
pesticides; or,
6. Which the EPA classifies as priority organic pollutants.
K. "Hazardous Waste" or extremely hazardous waste means any material that is identified
in:
1. Sections 25115 and 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.
L. "Health Official" means the Health Officer of the County of Orange or his designated
representative.
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M. "Person" means an individual, trust, firm, joint stock company, corporation,
partnership, association, city, county, district and the state, or any department or agency
thereof.
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 Standard Industrial
Classification code to specific types of businesses.
P. "Safety Data Sheet" (SDS), also known as Material Safety Data Sheet (MSDS), means
a document prepared pursuant to Section 6390 of the California Labor Code, or
pursuant to the regulations of the Occupational Safety and Health Administration
OSHA) of the United States Department of Labor, which generally 1) lists a hazardous
material, 2) describes its physical and chemical properties, and 3) provides preliminary
direction in the event of an unauthorized release of the material.
Q. "Storage" or "Storing" means the containment of substances or materials 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.
15.33.020 - Designation of a Hazardous Material.
A material may be added to the list of hazardous materials as defined in Section
15.33.010 upon a finding by the fire chief that the material, 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. A
material added to the list of hazardous materials pursuant to this section shall be designated
as either a hazardous material or hazardous waste. The fire chief may use the California Fire
Code published by the California Building Standards Commission fire chief to assist him or
her in requiring types and amount of hazardous materials to be disclosed.
15.33.030 - Filing of a Hazardous Material Electronic Disclosure.
A. Any person who uses or handles a hazardous material must annually submit, in CERS,
a completed electronic disclosure to the Fire Department by March 1.
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 electronic disclosure to the Fire
Ordinance No. 11 -16 3
Department within thirty (30) days of becoming a user or handler. Thereafter, said
person shall comply with the provisions of Subsection A.
C. The Fire Department may specify in writing such other times that the submittal of the
electronic disclosure may be necessary.
D. Any person who fails to file an electronic disclosure within the time limits set forth
pursuant to Subsection A through C, or upon notice of the fire chief or his or her
authorized representative, shall pay such penalty for said late filing as established
pursuant to Section 15.33.070. Said penalty shall be submitted as well as the completed
electronic disclosure and shall be in addition to regularly assessed fees if any.
E. Within thirty (30) days of any:
1. Significant change in the use or handling of a hazardous material.
2. New use or handling of a previously undisclosed hazardous material.
3. Change of business address.
4. Change of business ownership.
5. Change of business name.
6. Closure of business.
Any person who has filed an electronic disclosure pursuant to Subsections A through C
of this section shall submit to the Fire Department a new completed electronic disclosure in
CERS detailing the new use, handling or other appropriate information required.
15.33.040 — Public Records Access to Electronic Disclosure Information.
A. Upon receipt of an electronic disclosure, the Fire Department shall maintain access to
all electronic disclosures received. Subject to the provision of Section 15.33.080
relating to trade secrets and sensitive information as protected by the Health and Safety
Code, applicable electronic disclosures shall be revised and made available to the
public during normal business hours.
B. The Fire Department shall keep a record of all persons who request access to the
hazardous materials electronic disclosures.
The record shall include:
1. The person's name, address and telephone number, as determined by the showing of
appropriate identification.
Ordinance No. 11 -16 4
2. Name and address of the person, business or governmental agency such person
represents.
3. Identification of the specific file(s) examined or requested to be copied.
4. Reason for which the person requests the information.
15.33.050 - Content of the Electronic Disclosure.
A. The electronic disclosure shall include, but not be limited to, the following:
1. An Emergency Response Contingency Plan per Health and Safety Code 25507(a).
2. A listing of the chemical name and any common names of every hazardous
substance used by the person completing the electronic disclosure.
3. CAS Number as may be required by the Fire Department.
4. SIC Code as may be required by the Fire Department.
5. U.N. Identification Number as may be required by the Fire Department.
6. The maximum amount of each hazardous material disclosed in Subsection 2, which
is handled or used at any one time by the user.
7. Specific information on how and where the hazardous materials disclosed in
Subsection 2 is handled or used by the user 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 persons representing the business and
who are able to assist emergency personnel in the event of an emergency involving
the business during non - business hours.
9. The hazard characteristics of every hazardous material disclosed, including, but not
limited to, toxicity, flammability, reactivity, and corrosiveness as may be required
by the Fire Department.
B. Upon request, all users must provide information in addition to that required in the
electronic disclosure as follows:
1. To the Fire Department any information determined by the Fire Department to be
necessary to protect the public health, safety, or the environment.
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2. To any physician where the physician determines that such information is necessary
to the medical treatment of his or her patient.
15.33.060 - Exemptions from Disclosure.
The following materials, persons or entities shall be exempt, as specified, from the
disclosure requirements under this chapter:
A. A material designated as a hazardous material by this chapter solely by its presence
on the Nuclear Regulatory Commission list of radioactive materials shall be exempt
from the requirement that an SDS be submitted with the electronic disclosure.
B. Hazardous materials, or substances contained in food, drug, cosmetic or tobacco
products.
C. Any person using or handling less than 500 pounds or 55 gallons, or 200 cubic feet
at any one time, shall be exempt 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 response to
public health concerns or to meet the intent and requirements of the California Fire
Code.
D. Hazardous materials contained solely in consumer products packaged for use by
and distributed to the general public. However, pesticides, herbicides and
ammonium nitrate fertilizers over the required disclosure amounts are not exempted
from disclosure.
E. 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.
F. Infectious waste generated by hospitals, medical centers, clinics and other health
care facilities that are regulated under Title 22 of the California Administrative
Code.
15.33.070 - Fees and Penalties for Late Filing.
The Fire chief may establish a schedule of fees to be paid by persons using or handling
hazardous materials which is sufficient to cover the costs to the City of administering this
Ordinance. Said Resolution shall include a schedule of penalties to be assessed for the late
filing of any electronic disclosure.
Ordinance No. 11 -16 6
15.33.080 - Trade Secrets.
A. If a user believes that a request from the public for information on the electronic
disclosure or otherwise pursuant to this chapter involves the release of a trade secret,
the user shall so notify the Fire Department in writing. As used herein, trade secret shall
have the meaning given to it by Section 6254.7 of the Government Code and Section
1060 of the Evidence Code.
B. Subject to the provisions of this section, the Fire Department shall protect from
disclosure any trade secret coming into its possession when requested to do so in
writing by the user.
C. Any trade secret information reported to or otherwise obtained by the Fire Department,
or any of its representatives or employees, whose user has complied with Subsections A
and B above shall not be disclosed to anyone except:
1. To an officer or employee of the City, the State of California, or the United States
of America, in connection with the official duties of such officer or employee under
any law for the protection of health, or to contractors with the City and their
employees if, in the opinion of the fire chief, such disclosure is necessary and
required for the satisfactory performance of a contract for performance of work.
2. To any physician where the physician determines that such information is necessary
to the medical treatment of his or her patient.
D. For the purpose of this section, fire and emergency response personnel and County
Health personnel operating within the jurisdiction of the City shall be considered
employees of the City.
E. Any officer or employee of the City, 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 guilty of a
misdemeanor. Any contractor with the City and any employee of such contractor, who
has been furnished information as authorized by this section, shall be considered to be
an employee of the City for purposes of this section. Any physician who has been
furnished information or who has obtained information pursuant to Subsection C.2 of
this section and who, knowing that the disclosure of the information is prohibited,
knowingly and willfully discloses the information, shall be guilty of a misdemeanor.
F. Information certified by appropriate officials of the United States, as necessarily kept
secret for national defense purposes, shall be accorded the full protections against
disclosure as specified by such officials in accordance with the laws of the United
States.
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G. 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
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.
H. The provisions of this section shall not permit a user to refuse to disclose information
required to be disclosed pursuant to this chapter.
15.33.090 - Information Regarding Hazardous Waste.
The Health Official will make information available to fire departments and emergency
response personnel upon request, of hazardous wastes and extremely hazardous wastes, when
the information is currently collected and processed by the health official.
15.33.100 - Identification.
When required by the fire chief, areas containing hazardous materials shall be
identified. Such identification may include signs, color coding, posting lists of materials and
SDS, or other notice as may be deemed necessary.
15.33.110 - On Site Utilization of SDS and Occupancy Floor Plans.
When required by the Chief, any person submitting an electronic disclosure may be
required to install an approved key box for emergency utilization of SDS, floor plans, site
plans, and access keys. The location of the required key box shall be approved by the fire
chief.
SECTION II
Should any section, subsection, clause, or provision of this Ordinance for any reason
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional. This Ordinance shall be prospective in application from its
effective date.
Ordinance No. 11 -16 8
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days after this Ordinance's
passage in a newspaper of general circulation, published, and circulated in the City of
Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full
text of such adopted Ordinance along with the names of those City Council members voting
for and against the Ordinance in accordance with Government Code Section 36933. This
Ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this 10th day of January 2017.
Te sa E. Smith, Mayor, City of Orange
ATTEST:
Mary E. , City Clerk, Cit Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 13th day of December 2016, and thereafter at the regular meeting of said
City Council duly held on the 10th day of January 2017, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. y,City Clerk, City range
Ordinance No. 11 -16 9