For the purpose of this chapter, the terms listed in this section
shall be defined as follows:
"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 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.
"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;
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;
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.
"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
(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)