[R.O. 2009 §8.13.010; Ord. No. 4682, 9-12-1988]
A.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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:
The identification number assigned by the Chemical Abstracts
Service to specific chemical substances.
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.
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.
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.
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.
Any hazardous substance or hazardous waste as defined in "HAZARDOUS SUBSTANCE" or "HAZARDOUS WASTE" of this Section.
Any substance which is:
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
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
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" 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.
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.
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]
A.
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.
B.
ENCLOSED AREA
HAZARDOUS SUBSTANCE
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
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.
Any substance defined under Sections 292.600 to 292.625,
RSMo.
[R.O. 2009 §8.13.070; Ord. No. 4682, 9-12-1988]
A.
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.
B.
MSDS
must be submitted to the Sikeston Department of Public Safety within
fifteen (15) days of any:
[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]
A.
The discloser
form shall include, but not be limited to:
1.
A copy
of the MSDS for every hazardous substance used, stored or released
by the entity completing the discloser form.
2.
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.
3.
The
Environmental Protection Agency Waste Stream Code of every hazardous
waste handled by the person competing the disclosure form.
4.
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.
5.
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.
6.
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.
7.
The
Standard Industrial Classification Code of the business, if applicable.
8.
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.
B.
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]
A.
Hazardous
substances contained solely in products packaged for distribution
and use by retail domestic consumers shall be exempt from disclosure.
B.
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]
A.
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.
B.
The City
shall protect from disclosure any and all trade secrets coming into
its possession when requested in writing by the user.
C.
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.
D.
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.
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 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.
F.
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.
