ORD-08-90 RELATING TO DISCLOSURE OF INFORMATION REGARDING THE USE, STORAGE AND HANDLING OF HAZARDOUS MATERIALSORDINANCE NO. 8-
90 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE REVISING CHAPTER 15.33
OF THE ORANGE MUNICIPAL CODE RELATING TO
THE DISCLOSURE OF INFORMATION REGARDING
THE USE, STORAGE, AND HANDLING OF
HAZARDOUS
MATERIALS.WHEREAS, hazardous materials and hazardous wastes which
are present in the community may pose acute and chronic
health hazards to individuals who live and work in the City of Orange
if exposed to such substances as a result of fires, spills,
indus-trial accidents or other types of releases or emissions;
and WHEREAS, emergency service personnel in the city of
Orange have a right and 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;
and WHEREAS, it is further intended that the system of
dis-closure set forth in this Chapter shall provide the
information essential to firefighters, health officials, planners and
elected officials in meeting their responsibilities for the health
and welfare of the community in such a way that the
statutory privilege of trade secrecy is not abridged;
and WHEREAS, it is intended that this Chapter recognize
the community's right and need for basic information on the use
and disposal of hazardous materials in the city of Orange and that
an orderly system for the provision of such information
be established;
and WHEREAS, the current Ordinance requires disclosure
informa-tion regarding the use, storage, and handling of
hazardous materials to be submitted and filed semi-annually.
The Orange Fire Department has found that there is seldom any change
in the information submitted from one disclosure statement to
the next,and would therefore, like to streamline
the administrative process. Disclosures filed on an annual basis will
permit the Orange Fire Department to be consistent without
other administer-ing agencies in Orange
County; and WHEREAS, the city also desires to amend the
existing Chapter by adding a section which authorizes the city of Orange
to punish violations of this Chapter and to provide for
punishment for violations of California Health and Safety Code
sections 25514,25515,
and 25517.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE HEREBY ORDAINS
AS
section I:
Chapter 15.33 of the Orange Municipal Code is hereby revised
to read as follows:
sections:
15.33.010
15.33.020
15.33.030
15.33.040
15.33.050
15.33.060
15.33.070
15.33.080
15.33.090
15.33.100
15.33.110
15.33.120
15.33.130
CHAPTER 15. 33
HAZARDOUS MATERIALS
Definitions
standards--Administering
Agency Designation of a Hazardous
Material Filing a Hazardous Material Disclosure
Form Disclosure of
Information Content of the Disclosure
Form Exemptions from
Disclosure Fees and Penalties for Late
Filings Trade
Secrets Information Regarding Hazardous
Waste
Identification On site utilization of MSDS & Occupancy
Floor
Plans
violations 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. "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.D. "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.E. "Disclosure Form" means the written request
for information prepared pursuant to section 15.33.
030.F. "Handle" means to generate, treat, store or dispose
of a hazardous waste in any
fashion.Ord.No.8-90 2 -
G.
waste as
material
Hazardous Material" means any substance or hazardous
defined in Subsection (H) or (I) in this Section, or any
designated pursuant to section 15.33.030.
H.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 Substances Information and Training 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; or,
Code; or,
2. Listed in section 25316 of the Health and Safety
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 Items "A" of this Section; or,
5. Which the Director of the Department of Food and
Agriculture classify as pesticides; or,
6.
pollutants.
Which the EPA classifies as priority organic
I. "Hazardous Waste" or extremely hazardous waste means
any material that is identified in:
1. Section 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.J. "
Health Official" means the Health Officer of the County
of Orange or his designated representative.K. "
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.L.
company,
district
Person"
means an individual, trust, firm, joint stock corporation,
partnership, association, city, county,and
the state, or any department or agency thereof.M. "
Physician" means any person who holds a valid certificate
from the State of California to practice the healing arts.
3 -
Ord.No.8-
90
N. "SIC Code" means the identification number assigned by
the Standard Industrial Classification code to specific types of
businesses.
O. "Storage" or "Storing" means the containment of
substances or materials in such a manner as not to constitute
disposal of such substances or materials.
P. "Use" includes the handling, processing or storage of a
hazardous substance.
Q. "User" means any person who uses a hazardous substance
or handles a hazardous waste.
15.33.020 Standards - - Administerinq Aqencv. Pursuant to Health and
Safety Code section 25500, establishing minimum statewide standards
for business and area plans relating to the handling and
release or threatened release of hazardous materials. The
Fire Chief of the city of Orange shall administer and enforce
this ordinance and Health and Safety Code section 25500 et
seq. of Chapter 6.95 of said code. The Fire Chief, the city may
adopt and enforce more restrictive regulations than provided for
in this chapter.15.33.
030 Desiqnation 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 Uniform Fire Code published by the Western Fire Chiefs to
assist him in requiring types and amounts of hazardous materials to
be disclosed.15.33.
040 A. Any
must annuallv
Department.Filinq
of
a Hazardous Material Disclosure Form.person who
uses or handles a hazardous material submit a
completed disclosure form to the Fire B. Any
person who, during the calendar year, for the first time become
a user or handler of any hazardous material must submit a
completed disclosure form to the Fire 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 disclosure form may be necessary.D. Any
person who fails to file a disclosure form within the time
limits set forth pursuant to Subsection A through D or 4 -Ord.
No.8-90
I
upon notice of the Fire Chief or his authorized representative
shall pay such penalty for said late filing as established
pursuant to section 15.33.080. Said penalty shall be submitted
with the disclosure form and shall be in addition to regularly
assessed fees if any.
E. within fifteen (15) 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 a disclosure form pursuant to
Subsections A through D of this section shall submit to the Fire
Department a new completed disclosure form detailing the new use,
handling or other appropriate information required.
15.33.050 Disclosure of Information. A. Upon receipt of
a disClosure form, the Fire Department shall maintain files of
all disclosure forms received. Subject to the provision of
section 15.33.090 relating to trade secrets, these files shall be
open 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 disclosure forms.
The record shall include:
1. The person's name, address and telephone number,
as determined by the showing of appropriate identification.
2. Name and address of the person, business or
governmental agency such person represents.
3. Identification of the specific filets) examined or
requested to be copied.
4.
information.
Reason for which the person requests the
15.33.060 Content of the Disclosure Form. A. The
disclosure form showing information required of businesses shall
be developed by the Fire Department. The disclosure form shall
include, but not be limited to, requests for the following:
5 -Ord.No.
8-90
1. A copy of the Materials Safety Data Sheets for
every hazardous substance used by the person completing the
disclosure form as required by the Fire Department.
2.
Department.
CAS Number as may be required by the Fire
3.
Department.
4. U. N. Identification Number as may be required by
the Fire Department.
SIC Code as may be required by the Fire
5.
names of every
the disclosure
A listing
hazardous
form.
of the chemical name and any common
substance used by the person completing
6. The maximum amount of each hazardous material
disclosed in Subsection 2, which is handled or used at anyone
time by the user over the course of the year.
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 (2)
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 corrosivity as may be required
by the Fire
Department.B. Upon request, all users must provide information
in addition to that required in the disclosure form 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.2. To any physician where the physician
determines that such information is necessary to the medical treatment
of his or her
patient.15.33.070 Exemptions from Disclosure. The
following materials, persons or entities shall be exempt, as
specified,from the disclosure requirements under this
Chapter:6 -Ord.
No.8-90
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 a MSDS be submitted with the disclosure form.
B. Hazardous materials, or substances contained in food,
drug, cosmetic or tobacco products.
C. Any person using or handling less than 500 pounds, 55
gallons, or 200 cubic feet per year, whichever is the lesser of a
hazardous material, 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 Uniform Fire Code.
1. The exemption of this Subsection shall not apply
to the using or handling of carcinogens, except to the extent
that such carcinogens are handled or used solely for personal
purposes.
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 provision of 49 Code of Federal
Regulations, Subchapter C.
F. No MSDS shall be required for any hazardous materials
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
use of the MSDS.
G. Infectious waste generated by hospitals, medical
centers, clinics and other health care facilities that are
regulated under Title 22 of the California Administrative Code.
15.33.080 Fees and Penalties for Late Filinq. 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 Schedule shall also include a schedule of penalties to be
assessed for the late filing of any disclosure form. Fee
schedules shall be reviewed periodically by the Fire Chief to
cover the cost of administering this ordinance.
7 -Ord.No.
8-90 I~
15.33.090 Trade Secrets. A. If a user believes that a
request from the public for information on the disclosure form 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.
8 -Ord.No.
8-90 II
section II:
If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
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
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 22nd day of Mav 1990.
LA<
Mayor of the City of Orange
ATTEST:
14ARILYN J. JENSEN
City Clerk of the City of Orange
X7~ ;. ;TAcrkf~
DEPUTY CLERK
10 -Ord.No.
8-90 I
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
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
15th day of Mav , 1990, and thereafter at a regular
meeting of said City Council duly held on the 22nd day of
Mav , 1990, was duly passed and adopted by
the following vote, to wit:
AYES:COUNCIL MEMBERS: STEINER, BARRERA, SMITH, BEYER, COONTZ
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: NONE
ABSTAIN:COUNCIL MEMBERS: NONE
MARILYN J. JENSEN
City Clerk of the City of Orange
r.&MA4~c;j ~;{/rt".JJ:;C--
DEPUTY CIT CLERK
11 -Ord.No.
8-90 ajj