ORD-02-87 AMENDING CH 15.32 OF THE OMC TO REVISE ARTICLE 80 OF THE 1982 UNIFORM FIRE CODE TO REQUIRE ON SITE CONTAINMENT OF RELEASES OF HAZARDOUS MATERIALS AND FIRE SUPRESSION WATER RUNOFFL._
ORDINANCE NO. 2-
87 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE 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, these same requirements
have been included in Ordinance No. 1-87 which was
adopted as an urgency measure because of an emergency
situation in which City Council determined that
implementation of these requirements were needed immediately to protect
the public
health, safety, and welfare; and WHEREAS, when adopted
in the regular manner, this Ordinance No. 2-
87 shall
supersede Ordinance No. 1-87.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 used ("A"through "J") shall be defined as follows:
A. "Bulk" is defined as amounts in
excess
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 Material" 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 "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 through 261.33.
F. "MSDS" means a 14aterial 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.
Ord 2-87 2 -
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 haz-
ardous 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
leakage and 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.
3 -Ord 2-87
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:
On the date which this Ordinance No. 2-87
becomes effective, it shall supersede Ordinance No. 1-87.
On that date Ordinance No. 1-87 shall be without
further
force and
effect.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 Ordi-nance is to be adopted. A summary of
this Ordinance shall also be published once within fifteen (15)
days after this Ordinance's passage in the Orange City News,
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 20th day
of
January
1987.
Ma ATTEST:1M~~C~ty C e of e
ty of Orange Ord 2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, 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 1 ~rh day of .Janllary , 1987, and thereafter
at a regular meeting of said Clty Councll duly held on the
20th day of Januarv , 1987 was duly passed and
adopted by the following vote, to wit:
AYES:COUNCILMEN: SMITH, BARRERA, COONTZ, MAYOR PEREZ, BEYER
NOES:COUNCILMEN: NONE
ABSENT:COUNCILMEN: NONE
c~JJ e
5 -Ord 2~87