For the purpose of this chapter, the terms listed in this section shall be defined as follows:
"Act"
means Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code of the State of California.
"Acutely hazardous material (AHM)"
means any chemical designated an extremely hazardous substance that is listed in Appendix A of Part 355 of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations.
"Business"
means an employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, or association.
"Business"
includes a business organized for profit and a nonprofit business. Business also includes every governmental agency.
"Business emergency plan"
means a written document in a form developed by the Fire Department containing all the information required by the Health and Safety Code and applicable regulations.
"Carcinogen"
refers to a substance that causes cancer. For purposes of this chapter, 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.
"Chemical Abstracts Services (CAS) Number"
means the unique identification name as assigned to specific chemical substances.
"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 CAS.
"Common name"
means a designation of identification such as code name, code number, trade name, or brand name used to identify a substance other than by its chemical name.
"Disclosure form"
means the written request for information prepared pursuant to Section 6.32.030.
"Extremely hazardous substance"
means any substance designated an extremely hazardous substance that is listed in Appendix A of Part 355 of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations, or as such Appendix A may be amended or renumbered.
"Handle"
means to use, generate, process, produce, package, treat, store, emit, discharge, or dispose of a hazardous or acutely hazardous material in any fashion and includes the use or potential for use of a quantity of hazardous or acutely hazardous material by the connection of any marine vessel, tank vehicle, tank car, or container to a system or process for any of the above purposes or activities.
"Handler"
means any business that handles a hazardous material or acutely hazardous material, except where all of the acutely hazardous materials present at the business are handled in accordance with a removal or remedial action taken pursuant to the Carpenter-Presley-Tanner Hazardous Substance Account Act (Chapter 6.8 [commencing with Section 25300]of the Health and Safety Code).
"Hazardous material"
means any substance or hazardous waste as defined in the definitions for "hazardous material" and "hazardous waste" set forth in this section, or any material designated pursuant to Section 6.32.020.
"Hazardous material"
means any substance or product:
1. 
For which the manufacturer or producer is required to prepare a material safety data sheet (MSDS) for the substance or product pursuant to the Hazardous Substances Information and Training Act (commencing 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;
2. 
Listed in Section 25316 of the Health and Safety Code;
3. 
That is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, maintained and updated by the Nuclear Regulatory Commission;
4. 
That is listed as a legal carcinogen from the California Code of Regulations, Title 8, Subchapter 7, Group 16;
5. 
That the Director of the Department of Food and Agriculture classify as pesticides; or
6. 
That the Environmental Protection Agency (EPA) classifies as priority organic pollutants.
"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 66261.3 and 66261.110 of Title 22 of the California Code of Regulations, or as those sections may be renumbered or amended; or
2. 
The Code of Federal Regulations, Title 40, Sections 261.31 through 261.33, or as it may be renumbered or amended after adoption of this chapter.
"Health official"
means the Health Officer of the County of Orange or his or her designated representative.
"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.
"Person"
means an individual, trust, firm, joint stock company, corporation, partnership, association, city, county, district, and the state, or any department or agency thereof.
"Physician"
means any person who holds a valid certificate from the State of California to practice the healing arts.
"Qualified person"
means a person approved by the administering agency who is qualified to attest, at a minimum, to (1) the validity of the hazard and operability studies performed pursuant to Section 25534 of the Act, and (2) the relationship between the corrective steps taken by the handler following the hazard and operability studies and those hazards that were identified in the studies.
"Risk Management and Prevention Program (RMPP)"
means all of the administrative and operational programs of a business that are designed to prevent acutely hazardous materials accident risks, including, but not limited to, programs that include design safety of new and existing equipment, standard operating procedures, preventive maintenance programs, operator training and accident investigation procedures, risk assessment for unit operations, or operating alternatives, emergency response planning, and internal or external audit procedures to ensure that these programs are being executed as planned.
"Standard Industrial Classification (SIC) Code"
means the identification number assigned to specific types of businesses.
"Storage" or "storing"
means the containment of substances or materials in such a manner as not to constitute disposal of such substances or materials.
"Third party technical review"
means any review required by the administering agency of determination of deficiencies of either a RMPP document or of its supporting technical studies, and that shall be performed by a contractor approved by the administering agency. Any third party technical review required by the administering agency shall be a cost paid by handler.
"Use"
includes the handling, processing, or storage of a hazardous substance.
"User"
means any person who uses a hazardous substance or handles a hazardous waste.
(2182 § 1, 1991; 2803 § 1, 2011)
A material may be added to the list of hazardous materials as defined in Section 6.32.010 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 workplace or the environment. 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 or her in requiring types and amounts of hazardous materials to be disclosed.
(2182 § 2, 1991; 2803 § 1, 2011)
A. 
Any person who uses, handles, or stores in excess of 55 gallons, 500 pounds, or 200 cubic feet of a hazardous material or quantities of acutely hazardous materials as defined in Section 6.32.070, shall annually, by March 1st, submit a completed hazardous materials disclosure packet to the Fire Department.
B. 
Any person who, during the calendar year, for the first time becomes a user or handler of any hazardous material must submit a completed disclosure packet to the Fire Department within 30 days of becoming a user or handler. Thereafter, this person shall comply with the provisions of subsection A of this section.
C. 
The Fire Department may specify in writing such other times that the submittal of the disclosure packet may be necessary.
D. 
Any person who fails to file a disclosure packet within the time limits set forth pursuant to subsections A through D of this section, or upon notice of the Fire Chief or his or her authorized representative, shall pay such penalty for said late filing as established pursuant to Section 6.32.090. The penalty shall be submitted with the disclosure packet and shall be in addition to regularly assessed fees, if any.
E. 
Any person filing a hazardous materials disclosure packet that is determined to require corrections shall be corrected and resubmitted within 30 days.
F. 
Any person who has submitted a hazardous materials disclosure packet pursuant to subsections A through D of this section shall submit to the Fire Department a new completed hazardous materials disclosure packet detailing the new use, handling, or other appropriate information required, within 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; or
6. 
Closure of business.
(2182 § 3, 1991; 2803 § 1, 2011)
A. 
Upon receipt of a disclosure packet, the Fire Department shall maintain files of all hazardous materials disclosure packets received. Subject to the provisions of Section 6.32.130 relating to trade secrets, these files shall be open to the public during normal business hours upon payment of fees established pursuant to Section 6.32.110.
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 file(s) examined or requested to be copied; and
4. 
Reason for which the person requests the information.
(2182 § 4, 1991; 2803 § 1, 2011)
A. 
The form for the business emergency plan shall be developed by the Fire Department. The information provided in the business emergency plan shall include, but not be limited to, the following:
1. 
Business information to include fictitious business names (DBAs), business site and mailing addresses, and telephone numbers.
2. 
The names and telephone numbers of at least two persons representing the use and who may be able to assist emergency personnel in the event of an emergency involving the use during business and non-business hours.
3. 
Occupancy data to include all pertinent permits or certificates issued by regulatory agencies and usage of extremely hazardous substances.
4. 
Specific information on how the user will handle an emergency release or threatened release of a hazardous material including:
a. 
Immediate notification to the City of Garden Grove Fire Department emergency response personnel as well as the office of the City of Garden Grove Fire Department;
b. 
Procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property, or the environment; and
c. 
Evacuation plans and procedures, including immediate notice, for the business site.
5. 
Specific information on what actions the user will take in the prevention, mitigation, or abatement of hazards associated with the business.
6. 
Description of the training practices for all new employees and annual training, including refresher courses, for all employees in safety procedures in the event of a release or threatened release of a hazardous material.
7. 
A hazardous material inventory to include all required information set forth in Section 11022 of Title 42 of the United States Code.
8. 
A site and facility map drawing of the user's premises, including specific information on where the hazardous materials are stored and handled, and the locations of other pertinent information as outlined in the business emergency plan.
9. 
Specific information on how and where hazardous material 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.
B. 
Upon request, all uses must provide information in addition to that required in the business emergency plan 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; and
2. 
To any physician, where the physician determines that such information is necessary to the medical treatment of his or her patient.
(2182 § 5, 1991; 2803 § 1, 2011)
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:
1. 
A copy of the material safety data sheets for every hazardous material used by the person completing the disclosure form as required by the Fire Department;
2. 
A listing of the chemical name, trade name, mixture name, and any common names of every hazardous material used by the business completing the disclosure form;
3. 
The hazardous substance in product listed by percent weight;
4. 
Chemical Abstract Services (CAS) number for each substance in product in subdivision 3 of this subsection;
5. 
The Superfund Amendment and Reauthorization Act (SARA) hazard class describing the fire, sudden release of pressure, reactivity, delayed, or immediate health hazard characteristics;
6. 
The physical state describing the hazardous materials' physical state (pounds, gallons, cubic feet of gas);
7. 
The maximum daily amount describing the maximum daily amount on premises at any one time;
8. 
The average daily amount describing average daily amount on premises at any one time;
9. 
The days on site describing the number of days this hazardous material is on premises;
10. 
The container type describing the type container in which hazardous material is stored;
11. 
The storage code describing the storage pressure and temperature of each hazardous material;
12. 
The location describing the location of each hazardous material;
13. 
The state waste number assigned to the business by the State of California Department of Health Services;
14. 
The Department of Transportation (DOT), United Nations (UN), or North America (NA) number assigned to each hazardous material;
15. 
The DOT hazard class assigned to each hazardous material;
16. 
The hazard class describing the hazardous characteristics of each hazardous material disclosed, including, but not limited to, toxicity, flammability, reactivity, and corrosivity as may be required by the Fire Department;
17. 
The EPA number assigned to the business;
18. 
The SIC code assigned to the business;
19. 
The Dunn and Bradstreet numbers assigned to the business.
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; and
2. 
To any physician, where the physician determines that such information is necessary to the medical treatment of his or her patient.
(2182 § 6, 1991; 2803 § 1, 2011)
A. 
Every business that handles acutely hazardous materials shall be required to submit annually on March 1st, an acutely hazardous material registration form for all acutely hazardous materials or mixtures containing an acutely hazardous material handled in quantities equal to or greater than the threshold planning quantity pursuant to Section 25536 of the Act.
B. 
Any information requested by the administering agency necessary to make a determination of the likelihood of an acutely hazardous materials accident risk, pursuant to Section 25534 of the Act, shall be submitted within 30 days.
C. 
The owner shall implement all programs and activities in the RMPP before operations commence, in the case of a new facility, or before any new activities involving acutely hazardous materials are taken, in the case of a modified facility.
D. 
Any RMPP requested by the administering agency shall be submitted within 12 months of the request pursuant to Section 25534 of the Act.
E. 
The contractor performing a third party technical review shall have the same right of access to all technical information as granted to the administering agency in Section 25534.5 of the Act.
F. 
Any third party technical review contractor shall not have been involved in the construction of the facility for which the review is performed, in the development of the technical studies serving as a basis for a RMPP document or in the production of the RMPP document itself.
G. 
"Threshold Planning Quantity (TPQ)" means Environmental Protection Agency (EPA) specified acutely hazardous materials quantity as required to be reported pursuant to Section 25536 of the Act.
H. 
The Fire Chief shall set the administrative fees for the RMPP. The fees set shall reflect the costs incurred. These fees are not subject to the procedures at Section 6.32.110.
(2182 § 7, 1991; 2803 § 1, 2011)
The following materials, persons, or entities shall be exempt, as specified, from the disclosure requirements under this chapter:
A. 
Hazardous materials or substances contained in food, drug, cosmetic, or tobacco products.
B. 
Any person using or handling less than 55 gallons, 500 pounds, or 200 cubic feet per year of a hazardous material, unless the Fire Chief has provided notice that the weight or volume limits of this exemption or a specific hazardous material have been lowered in response to public health concerns or to meet the intent and requirements of the Uniform Fire Code. The exemption contained in 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.
C. 
Hazardous materials contained solely in consumer products packaged for direct distribution to, and use by, the general public, unless the individual container size is equal to or greater than 55 gallons, 500 pounds, or 200 cubic feet, or unless the product is repackaged or altered in any way; provided, however, the manufacture and distribution of the products are not exempt if such activity is required to be permitted or reported by the Uniform Fire Code.
D. 
Oxygen and nitrous oxide, ordinarily maintained by a physician, dentist, podiatrist, veterinarian, or pharmacist, at his or her office or place of business, stored at each office or place of business in quantities of not more than 1,000 cubic feet of each material at any one time.
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 provisions of Subchapter C of Chapter I of Title 49 of the Code of Federal Regulations.
F. 
Infectious waste generated by hospitals, medical centers, clinics, and other health care facilities that are regulated under Title 22 of the California Code of Regulations.
(2182 § 8, 1991; 2803 § 1, 2011)
The Health Official will make information available to fire departments and emergency response personnel upon request, of hazardous wastes, extremely hazardous wastes, and underground tanks, when the information is currently collected and processed by the Health Official.
(2182 § 9, 1991; 2803 § 1, 2011)
When required by the Fire Chief, areas containing hazardous materials shall be identified. Such identification may include signs, color coding, posting lists of materials, and MSDS, or other notice as may be deemed necessary.
(2182 § 10, 1991; 2803 § 1, 2011)
The City Manager shall recommend a schedule of fees to be paid by persons using or handling hazardous materials that is sufficient to cover the costs to the City of administering this chapter. Said schedule shall include a schedule of fees that is sufficient to cover the costs, including duplication and administration costs, to the City of responding to a request from the public for access to business emergency plans to be paid for by persons requesting access. Fee schedules shall be reviewed periodically by the City Manager to cover the cost of administering this chapter. The charges established pursuant to this section shall be limited to City costs. Nothing herein shall be deemed to limit the ability of the Orange County Fire Authority from establishing and collecting fees to recover its costs in its functions in the administration of this chapter.
(2182 § 11, 1991; 2803 § 1, 2011; 2911 § 9, 2019)
When required by the Fire Chief, any person submitting a disclosure form may be required to install an approved key box for emergency utilization of MSDS, floor plans, site plans, and access keys. The location of the required key box shall be approved by the Fire Chief.
(2182 § 12, 1991; 2803 § 1, 2011)
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(d) of the Government Code and Section 3426.1 of the Civil 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 of this section, shall not be disclosed to anyone except as provided in subsection G of this section or as follows:
1. 
To an officer or employee of the City, the County, 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; or
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 alone. 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.
F. 
Information certified by appropriate officials of the United States, as necessarily kept secret for national defense purposes, shall be accorded the full protections against disclosure as specified by such officials in accordance with the laws of the United States.
G. 
Upon receipt of a request for the release of information to the public that includes information that the user has notified the Fire Department is a trade secret pursuant to subsection A of this section, the Fire Department shall notify the user in writing of the request by certified mail. The Fire Department shall release the information 30 days after the day of mailing the notice, unless, prior to the expiration of 30 days, the user institutes an action in an appropriate court for a declaratory judgment that the information is subject to protection under subsection B of this section and/or an injunction prohibiting disclosure of the information to the general public.
H. 
The provisions of this section shall not permit a user to refuse to disclose information required to be disclosed pursuant to this chapter.
(2182 § 13, 1991; 2803 § 1, 2011)
Pursuant to Health and Safety Code Section 25502, the Fire Chief of the City shall administer and enforce this chapter and Health and Safety Code Sections 25500, et seq. The enforcement shall be in coordination with the appropriate investigative and prosecuting agencies where required.
(2182 § 14, 1991; 2803 § 1, 2011)
Violation of this chapter is a misdemeanor and in addition to the punishments provided for by the Garden Grove Municipal Code, shall be punishable by the penalties provided for in Sections 25514, 25515, and 25517 of the Health and Safety Code, in effect at the time of adoption of the ordinance codified in this chapter and as amended.
(2182 § 15, 1991; 2803 § 1, 2011)