[R.O. 2009 §8.13.010; Ord. No. 4682, 9-12-1988]
The codification of this Chapter passed on September 12, 1988, shall have the inclusion of Sections 230.010 through 230.090. The finding and purpose of this Chapter are recognized within the following paragraphs:
Hazardous substances and hazardous wastes present in the City may pose acute and chronic health hazards to individuals who live and work in the City and who are exposed to such substances as a result of fires, spills, industrial accidents or other types of releases or emissions.
The citizens of the City and its Public Safety Officers have a right and need to know of the use and potential dangers of hazardous materials in order to plan for and respond to potential exposure to such materials.
Basic information on the location, type and health risks of hazardous materials used, stored or disposed of in the City is now available as necessary to fire fighters, health officials, planners, elected officials and residents.
It is the intent of the Council that this Chapter recognize the City of Sikeston's right to and need for basic information regarding location and disposal of hazardous materials in the City and it establishes an orderly system for the provision of such information.
It is further the intent of the Council that the system of disclosure provided for in this Chapter shall require the information essential to fire fighters, health officials, planners, elected officials and residents 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.
[R.O. 2009 §8.13.030; Ord. No. 4682, 9-12-1988]
For the purpose of this Chapter, the terms listed in this Section shall be defined as follows:
- CAS NUMBER
- The identification number assigned by the Chemical Abstracts Service to specific chemical substances.
- CHEMICAL NAME
- The scientific designation of a substance in accordance with the International Union of Pure and Applied Chemistry of the system developed by the Chemical Abstracts Service.
- COMMON NAME
- Any designation of identification such as code names, code number, trade name or brand name used to identify a substance other than by its chemical name.
- DISCLOSURE FORM
- The written request for information prepared by Missouri Department of Health Community Right to Know Program or Material Safety Data Sheet (MSDSO) approved by the U.S. Department of Labor.
- EPA WASTE STREAM CODE
- The identification number assigned pursuant to the regulations of the U.S. Environmental Protection Agency (EPA) to specific types of hazardous waste.
- To generate, treat, store or dispose of hazardous waste in any fashion.
- HAZARDOUS MATERIAL
- Any hazardous substance or hazardous waste as defined in "HAZARDOUS SUBSTANCE" or "HAZARDOUS WASTE" of this Section.
- HAZARDOUS SUBSTANCE
- Any substance which is:
- 1. Listed in Title III, Emergency Planning and Community Right-to-Know, of the Federal Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499; or
- 2. A pesticide for which a registration has been canceled or suspended under the provisions of Section 281.260, RSMo., or the Federal Insecticide, Fungicide and Rodenticide Act of 1972, Public Law 92-516, as amended; or
- 3. An extremely hazardous substance or hazardous chemical as defined in Title III, Emergency Planning and Community Right-to-Know, as enacted under the Federal Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499; and which an employer stores, uses or produces, but shall not include any substance which is a food or drug as defined in the Federal Food, Drug and Cosmetic Act, 21 U.S.C., Sections 321, et seq.; packaged for distribution to, and used by, the general public, including any product used by an employer in the same form, approximate amount, concentration, and manner as it is sold to the consumer; present in a physical state, volume, or concentration for which there is no valid and substantial evidence that a significant risk to human health may occur from exposure; used in a laboratory for experimentation, research, development or testing by or under the direct supervision of a technically qualified individual, provided that the toxic substance or mixture is not produced in the laboratory for commercial purposes.
- HAZARDOUS WASTE
- "Hazardous" or "extremely hazardous waste" as defined by the Environmental Protection Agency of the United States to specific types of hazardous waste.
- A Material Safety Data Sheet prepared pursuant to United States Public Law 99-499, Superfund Amendments and Reauthorization Act of 1986, Section 300, Emergency Planning and Notification.
- An individual, trust, firm, joint stock company, business, corporation, partnership, association, City, County, district and State or any department or agency thereof.
- Any intentional or unintentional spilling, leaking, pumping, pouring, emitting, emptying, discharging, injection, escaping, leaching, dumping or disposing into the environment.
- SIC CODE
- The identification number assigned by the Standard Industrial Classification Code to specific types of business.
- The handling, processing or storage of a hazardous substance.
- Any person who uses a hazardous substance or handles hazardous waste.
[R.O. 2009 §8.13.050; Ord. No. 4682, 9-12-1988]
A material may be added to the list of hazardous materials upon a finding that it satisfies the following criteria: the material, because of its quantity, concentration, physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the City.
[R.O. 2009 §8.13.060; Ord. No. 4751, 11-6-1989]
All facilities required to submit reports under Sections 292.600 to 292.625, RSMo., shall provide visible markings on the outside of buildings, rooms, enclosed areas and containers where hazardous substances are present. These markings shall conform to the National Fire Protection Association Standard Number 704 or with other Federal laws or regulations or, in the case of containers, may as an option comply with Safety and Health Administration Hazard Communication Rule, 29 CFR 1910.120(f). To avoid duplication of markings, marking requirements of the United States Department of Transportation shall satisfy the requirements in regard to motor vehicles, rolling stock and aircraft.
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
- ENCLOSED AREA
- Any portion of property that is petitioned or not accessible due to the construction of a fence or other obstacle preventing entry line to that portion of the property.
- HAZARDOUS SUBSTANCE
- Any substance defined under Sections 292.600 to 292.625, RSMo.
[R.O. 2009 §8.13.070; Ord. No. 4682, 9-12-1988]
The owner or operator of any facility which is required to prepare or have available a MSDS for a hazardous chemical under the Occupational Safety and Health Act (OSHA), shall submit a MSDS for each such chemical to the Sikeston Missouri Department of Public Safety.
[R.O. 2009 §8.13.090; Ord. No. 4682, 9-12-1988; Ord. No. 4943 §2, 4-5-1993]
The Sikeston Department of Public Safety Fire Division shall maintain records of all disclosure forms received.
[R.O. 2009 §8.13.110; Ord. No. 4682, 9-12-1988]
The discloser form shall include, but not be limited to:
A copy of the MSDS for every hazardous substance used, stored or released by the entity completing the discloser form.
A listing of the chemical name, any common names and the CAS number of every hazardous substance used by the person competing the disclosure form.
The Environmental Protection Agency Waste Stream Code of every hazardous waste handled by the person competing the disclosure form.
The maximum amount of all hazardous materials disclosed which are to be stored at any one time by the user over the course of following year.
Sufficient information on how and where within the premise the hazardous materials are stored by the reporter to allow SDPS personnel to prepare adequate emergency plans to potential release of the hazardous materials.
Sufficient information on any releases of a hazardous material into the air, water, sewers or land to permit the community to understand the sources and content of such hazardous material releases.
The Standard Industrial Classification Code of the business, if applicable.
The names and phone numbers of three (3) people representing the reporter able to assist emergency personnel in the event of an emergency involving the business during non-business hours.
Upon request, all users must provide information beyond that specifically requested in the disclosure form to any City agency, if that agency has reasonably determined that such information is necessary to protect health, safety or the environment. Such information shall be subject to the trade secret provisions.
[R.O. 2009 §8.13.130; Ord. No. 4682, 9-12-1988]
Hazardous substances contained solely in products packaged for distribution and use by retail domestic consumers shall be exempt from disclosure.
Any person using less than five hundred (500) pounds or fifty-five (55) gallons per month, whichever is the lesser, of a hazardous material shall be exempted from the requirement of disclosure of that use unless the City Manager or his/her delegate has provided notice (to include verbal notification by SDPS or any other City agency) that it has lowered the weight or volume limits of this exemption for a specific hazardous material in response to public health concerns.
[R.O. 2009 §8.13.170; Ord. No. 4682, 9-12-1988]
If a user believes that a request for information made by either the disclosure form or MSDS involves the release of a trade secret, the user shall provide substantiation of the claim of trade secrecy. Specific chemical identity may be claimed confidential at the time of the contingency planning. The chemical identity must be submitted to EPA along with a substantiation explaining why the chemical identity is a trade secret.
The City shall protect from disclosure any and all trade secrets coming into its possession when requested in writing by the user.
Any information reported to or otherwise obtained by the City or any of its representatives or employees, which is exempt from disclosure, shall not be disclosed, to anyone except an officer or employee of the City, the State of Missouri 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 City, such disclosure is necessary and required for the satisfactory performance of a contract for performance of work.
For the purpose of this Section, mutual-aid fire and emergency response personnel and County health personnel operating within the jurisdiction of the City shall be considered employees of the City.
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 the information is prohibited and 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.
Information certified by appropriate officials of the United States, as necessarily kept secret for national defense purposes shall be accorded the full protection against disclosure as specified by such official or in accordance with the laws of the United State.