ORD-01-87 URGENCY MEASURE REVISING ARTICLE 80 OF THE 1982 UNIFORM FIRE CODE TO REQUIRE ON SITE CONTAINMENT OF RELEASES OF HAZARDOUS MATERIALS AND FIRE SUPPRESSION WATER RUNOFFORDINANCE NO. 1-
87 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS AN
URGENCY MEASURE AMENDING CHAPTER 15.32 OF THE
ORANGE MUNICIPAL CODE TO REVISE ARTICLE 80 OF
THE 1982 EDITION OF THE UNIFORM FIRE CODE
TO REQUIRE ON-SITE CONTAINMENT
OF RELEASES OF HAZARDOUS MATERIALS AND
FIRE SUPPRESSION
WATER RUNOFF.WHEREAS, the Uniform Fire Code, which has
been adopted by the City of Orange, does not address the matters
of on-site containment of releases of hazardous substances
and the escape of contaminated fire suppression runoff
water or contaminated water used to help mitigate
hazardous substance
releases; and WHEREAS, the staff of the Orange Fire
Department has developed requirements to provide for the
on-site containment of releases of hazardous substances
and for protection against the off-site escape
of contaminated fire suppression runoff water or contaminated water
used to help mitigate
hazardous substance releases; and WHEREAS, an application has been
received to develop a plating processing facility in the
City of Orange; and WHEREAS, the City Council
has determined that this Ordinance should be adopted as an
urgency measure to protect the public health, safety, and
welfare by requiring this applicant for the plating
processing facilities and all future applicants who will use
large quantities of hazardous substances to meet the new
requirements for the on-site containment of releases
of hazardous materials
and fire
suppression water runoff.Section I:Chapter 15.32 of the
Orange Municipal Code is hereby amended to add Sections 15.32.150 and 15.
32.
155 to read as follows:15.32.150 On-
Site Containment of Releases of Hazardous Material and Fire
Suppression Water Run-Off. Article 80 of the Uniform Fire
Code is amended to add the following provisions
for on-site containment of releases of hazardous
materials of fire suppression water run-off. For purposes of this Section
and Section 15.32.155, the terms
A. "Bulk" is defined as amounts in excess of 55 gal-
lons, 500 pounds or 200 cubic feet.
B. "Carcinogen" refers to a substance which causes
cancer. For purposes 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.
C. "Hazardous Material" means any substance or haz-
ardous waste as defined in Subsection D or E in this Section,
or any material designated pursuant to Section 15.32.155.
D. "Hazardous Haterial" means any substance or product:
1. For which the manufacturer or producer is required
to prepare a MSDS for the substance or product pursuant to
the Hazardous Substance Information and Training Act, com-
mencing 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 19, Title 8, Sub-
chapter 7, Group 16 and those substances specified in Item
B" of this Section; or
5. Which the Director of the Department of Food and
Agriculture classify as pesticides; or
6. Which the EPA classify as priority organic
pollutants.
E. "Hazardous Waste" or "ExtrerrEly 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 through 261.33.
Ord 1-87 2 -
F. "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.
G. "Person" means any individual, trust, firm, joint
stock company, corporation, partnership, association, city,
county, district of the State, or any department or agency
thereof.
H. "Storage or Storing" means the containment of
substances or materials in such a manner as not to constitute
disposal of such substances of materials.
I. "Use" includes the handling, processing, or storage
of hazardous substance.
J. "User" means any person who uses a hazardous
substance or handles a hazardous waste.
Section 15.32.155 Designation of a Hazardous Material
or Hazardous Waste, Containment Requirements, and Method of
Construction. A material may be added to the list of
hazardous material or hazardous waste as defined in Section
15.32.150 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 environ-
ment 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.
A. Special Containment Requirements. Any person who
becomes a new user or handler of a hazardous material or
hazardous waste in bulk amounts may be subject to special
containment requirements as may be required by the Chief.
Such special containment requirements may include, but not
be limited to, aboveground or underground overflow contain-
ment complying with the provisions set forth in Division 20,
Chapter 6.7, Underground Storage of Hazardous Substances.
All special containment requirements must be approved by the
Fire Department.
B. Aboveground and Underground Containment. Above-
ground and underground containment must be of the capacity
to contain leakage of the hazardous material which may occur
during storage, handling, or use, plus the maximum antici-
pated fire flow or emergency mitigation water flow. All
3 -Ord 1-87
L...~--'-..~_____leakageand runoff shall
be directed to the containment area by means of sloped
floors or grating, site slope construct-ion or other means
approved by the Fire Chief.C. Method of Construction.
All grating, tanks,diking, and container storage
of hazardous materials shall be suitable for the
material stored and shall be installed in accordance with the
Uniform Fire Code. Underground containers shall be capable
of being pumped of all hazardous material from a remote
location.D. Separation. The Chief
may require separate contain-ment areas for materials
which in combination with other substances may bring about
a fire or explosion or may liber-ate a flammable or
poisonous gas.Section II:The reasons
for this
Urgency Ordinance are as follows:The Orange Fire Department
has developed new requirements for the on-site
containment of releases of hazardous sub-stances and protection
against the escape of contaminated fire suppression runoff
water and water used to help mitigate hazardous substance releases.
The normal procedure for enacting such requirements
by ordinance would take approx-imately six weeks.
An application has been received to develop a plating
processing facility in Orange. Such an enterprise will use
large quantities of hazardous substances.The newly-developed
requirements would be appropriate for this facility.
Pursuant to Section 36937 of the California Government Code,
the City Council hereby enacts this Ordinance as
an urgency measure to become effective immedi-ately in
order to protect the public health, safety, and welfare until
the time the regular ordinance, Ordinance No.2-87
becomes effective; at which this Ordinance No. 1-87
shall be without further force and effect.
ADOPTED this 13th day of January 1987.
Ma
ATTEST:
d~ O~/#4?
i y Cler of ~e . y of Orange
Ord 1-87 4 -
STATE OF CALIFORNIA 1
COUNTY OF ORANGE ) ss
CITY OF ORANGE 1
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, do hereby certify that the foregoing Ordinance
No. 1-87 was regularly introduced, reading in full
was waived, was read by Title, was passed and adopted at
a regular meeting of the City Council, City of Orange,
Cali-fornia held on the 13th day of January , 1987, by
the following vote to
wit:AYES:COUNCILMEN: SMITH, BARRERA, COONTZ,
BEYER NOES:COUNCILMEN:
NONE ABSENT:COUNCILMEN: MAYOR
PEREZ c~
d-~5 -Ord 1-87