The city council finds and declares that:
(1)
Emergency
service personnel in the city have a 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;
(2)
Basic
information on the location, type and the health risks of hazardous
materials used or stored in the city is not now available to firefighters,
health officials, planners, elected officials and other emergency
response personnel;
(3)
It
is intended that the system of disclosure set forth in this chapter
shall provide that information essential to firefighters, health officials,
planners, elected officials and other emergency service personnel
in meeting their responsibilities for the health and welfare of the
community in such a fashion that trade secrecy is not abridged;
(4)
It
is further intended that this chapter implement the community's right
and need for basic information on the use and disposal of hazardous
materials in the city, and provide for an orderly system for the provision
of such information.
(Ord. 85-O-136, 1985)
For the purpose of this chapter the terms listed in this section
shall be defined as follows; provided, however, references to statutes
or regulations in existence at the time this chapter is adopted shall
also include references to such statutes or regulations as they may
be amended or changed in the future:
means a substance which 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 of Carcinogens.
means the unique identification name as assigned by the Chemical
Abstracts Services to specific chemical substances.
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 Services.
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.
means that person responsible for managing fire services
in the city.
means to generate, treat or dispose of a hazardous material
in any fashion.
means any person who handles a hazardous substance.
means any substance or hazardous waste as defined in subsections (10) and (11) in this section, or any material designated pursuant to Section 8.32.030.
means any substance or product:
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 1 of Division 5 of the California Labor Code) or pursuant
to any applicable federal law or regulation;
Listed in Section 25316 of the Health and Safety Code;
Which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, Code of Federal Regulations;
Which is listed as a legal carcinogen from the California Administrative Code, Title 8, Subchapter 7, Group 16 and those substances specified in item (1) of this section;
Which the director of the Department of Food and Agriculture
classifies as pesticides; or
Which the EPA classifies as priority organic pollutants.
means any material that is identified in:
Sections 25115 or 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
The Code of Federal Regulations, Title 40, Sections 261.31 through
261.33.
means the health officer of the county of Orange or his deputy.
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.
means an individual, trust, firm, joint stock company, corporation,
partnership or association.
means any person who holds a valid certificate from the state
of California to practice the healing arts.
means the identification number assigned by the Standard
Industrial Classification code to specific types of businesses.
means the containment of substances or materials in such
a manner as not to constitute disposal of such substances or materials.
includes the handling, processing or storage of a hazardous
substance.
means any person who uses a hazardous substance or handles
a hazardous waste.
(Ord. 85-O-136, 1985)
A substance may be deemed a "hazardous material" or "hazardous
waste" upon a finding by the director of fire services that a substance,
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. The director
of fire services may use the Uniform Fire Code published by the Western
Fire Chiefs to assist in requiring the types and amounts of such substances
to be disclosed.
(Ord. 85-O-136, 1985)
(a)
Any
person who uses or handles a hazardous material must semiannually,
during the months of January and July, submit a completed disclosure
form to the Orange County fire department, said form having been developed
by the director of fire services.
(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 form to the fire department within 30 days of becoming
a user or handler. Therefore any such user or handler shall comply
with the provisions of this section.
(c)
The
fire department may, upon 30 days written notice, require the submittal
of a disclosure form of any user or handler.
(d)
Any
person required to submit a disclosure form pursuant to this section
shall file with the fire department of Orange County an updated disclosure
form within 15 days of any of the following:
(1)
A change in business address;
(2)
A change in business ownership;
(3)
A change of business name;
(4)
Cessation of business operations;
(5)
The use or handling of a previously undisclosed hazardous material;
(6)
A significant change in the use or handling of a hazardous material
for which disclosure has been previously made.
(Ord. 85-O-136, 1985)
(a)
The
disclosure form shall be developed by the director of fire services,
and shall include, but not be limited to, the following:
(1)
A copy of the MSDS for every hazardous material used by the person
completing the disclosure form as required by the fire department;
(2)
CAS number as may be required by the fire department;
(3)
SIC code as may be required by the fire department;
(4)
U.N. identification number as may be required by the fire department;
(5)
A listing of the chemical name and any common names of every hazardous
material used by the person completing the disclosure form;
(6)
The maximum amount of each hazardous material which it handled or
used at any one time by the user over the course of the year;
(7)
Specific information on how and where the hazardous materials are
handled or used by the user, so as 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 persons representing
the business and who would be able to assist emergency personnel in
the event of an emergency involving the business during business and
nonbusiness 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 the following information:
(Ord. 85-O-136, 1985)
(a)
The following materials or persons are exempt from the disclosure requirements of Section 8.32.040:
(1)
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;
(2)
Hazardous materials or substances contained in food, drug, cosmetic
or tobacco products;
(3)
Any person using or handling less than 500 pounds or 55 gallons per
year, whichever is the lesser, of a hazardous material shall be exempted
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 have been lowered
in response to public health concerns, or to meet the intent and requirements
of the Uniform Fire Code;
(4)
Hazardous materials contained solely in consumer products packaged
for use by and distributed to the general public, unless the product
is repackaged or altered in any way: provided, however, the manufacture
and distribution of these products are not exempt;
(5)
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 49 Code of Federal Regulations, Subchapter c, as now
in existence or as hereafter amended or changed;
(6)
Infectious waste generated by hospitals, medical centers, clinics
and other health care facilities that are regulated under Title 22
of the California Administrative Code.
(b)
The
exemptions contained in this section 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)
No
MSDS shall be required for any hazardous material 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 15
days after receipt by the user of the MSDS.
(Ord. 85-O-136, 1985)
The health officer will make information available to fire departments
and emergency response personnel, upon request, regarding hazardous
wastes, extremely hazardous wastes, and underground tanks, when the
information is obtained by the health officer.
(Ord. 85-O-136, 1985)
(a)
When
required by the county director of fire services, work areas in which
any person uses or handles hazardous material shall be identified
as such by such measures as the director of fire services may specify
including, but not limited to, signs, color coding, posting lists
of material and MSDS or other notices.
(b)
When
required by the director of fire services, 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 as designated
by the director of fire services.
(Ord. 85-O-136, 1985)
The Orange County board of supervisors may establish by resolution
a schedule of fees to be paid by persons subject to this chapter which
is sufficient to cover the costs of administration resulting from
this chapter.
(Ord. 85-O-136, 1985)
(a)
A
user may designate some, or all, of the information on the disclosure
form as a trade secret. Any information designated as a trade secret
contained on the disclosure form shall not be disclosed to anyone
except:
(1)
An officer or employee of a governmental entity in connection with
the official duties of such officer or employee under any law for
the protection of health;
(2)
Contractors of governmental entities when, in the opinion of the
director of fire services, disclosure is necessary and required for
the protection of health and the performance of a contract;
(3)
Any physician, where the physician determines that such information
is necessary for the medical treatment of his or her patient.
(b)
Any
officer or employee of the city, county, 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 wilfully discloses the
information in any manner to any person not entitled to receive it,
shall be in violation of this section. For purposes of determining
a violation of this section, a contractor who has been furnished information
pursuant to this section shall be deemed an employee of the city or
county. Any physician who has been furnished information or who has
obtained information pursuant to this section, and who, knowing that
disclosure of the information is prohibited, knowingly and wilfully
discloses this information, shall be in violation of this section.
(c)
Upon receipt of a request for the release of information to the public which includes information which the user has notified the county fire department is a trade secret pursuant to subsection (a) of this section, the county fire department shall notify the user in writing of said request by certified mail. The county fire department shall release the information 30 days after the day of mailing said notice, unless, prior the expiration of said 30 days, the user institutes an action in an appropriate court for a declaratory judgment that said information is subject to protection under subsection (b) of this section, and/or an injunction prohibiting disclosure of said information to the general public.
(d)
The
provisions of this section shall not permit a user to refuse to disclose
information required to be disclosed pursuant to this chapter.
(Ord. 85-O-136, 1985)
The county director of fire services shall make such rules and
regulations as may be necessary to implement this chapter, including,
but not limited to, the maintenance of a comprehensive list of substances
which would be classified as hazardous materials under this chapter.
(Ord. 85-O-136, 1985)
