This chapter may be cited as the
“Roseville Hazardous Materials Ordinance.”
(Ord. 1687 §
1, 1983)
For the purpose of this chapter,
the terms listed in this section shall be defined as follows:
“Carcinogen”
refers to a substance or agency which cause cancer. For purpose
of this chapter, carcinogens are those substances specified on the
list developed by the United State Department of Health and Human
Services on its Second Annual Report on Carcinogens.
“CAS number”
means the unique identification number assigned by the Chemical
Abstracts Service 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 the Chemical Abstract Service.
“Common name”
means any designation or identification such as code name,
code number, trade name, or brand name used to identify a substance
other than by its chemical name.
“EPA waste stream code”
means the identification number assigned pursuant to the
regulations of the U.S. Environmental Protection Agency to specific
types of hazardous waste.
“Handle”
means to generate, treat, store or dispose of a hazardous
waste in any fashion.
“Hazardous material”
means any hazardous substance or hazardous waste as defined in this section, or any material designated pursuant to Section
9.60.040.
“Hazardous substance”
means any substance or product:
1.
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;
2.
Which is listed as radioactive material
set forth in Title 10, Code of Federal Regulations, Part 20.3, Items
12 and 13, maintained and updated by the Nuclear Regulatory Commission.
“Hazardous waste”
means hazardous or extremely hazardous waste as defined by
Sections 25115 and 25117 of the California
Health and Safety Code
and set forth in Sections 66680 and 66685 of Title 22 of the California
Administrative Code.
“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, form, 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.
“Release”
means any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping or disposing
into the environment.
“SIC code”
means the identification number assigned by the Standard
Industrial Classification code to specific types of businesses.
“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.
(Ord. 1687 §
1, 1983)
The following materials, persons
or entities shall be exempt from disclosure under this chapter:
A. A material designated as a hazardous material
by this chapter 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.
B. Hazardous substances contained in food,
drug, cosmetic or tobacco products.
C. Any person using or handling less than
500 pounds or 55 gallons a month, whichever is lesser, of a hazardous
material shall be exempted from the requirements of disclosure of
that use or handling unless the fire department has provided notice
that it has lowered the weight or volume limits of this exemption
for a specific hazardous material in response to public health concerns.
The exemption of this subsection
C 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.
D. Hazardous substances contained solely in
consumer products packaged for use by and distributed to the general
public.
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 49 Code of Federal Regulations,
subchapter c.
F. No MSDS shall be required for any hazardous substance for which an MSDS is not available at the time disclosure is required under Section
9.60.050; provided, however, that such MSDS shall be submitted to the fire department within 15 days after receipt by the user of the MSDS. Nothing in this subsection
F shall be deemed to exempt from disclosure the remaining information contained in Section
9.60.070.
(Ord. 1687 §
1, 1983)
The city council shall establish
a schedule of fees to be paid by persons using or handling hazardous
materials which is sufficient to cover the costs to the city of administering
this chapter.
(Ord. 1687 §
1, 1983)
It is unlawful for any person to
knowingly violate any provision of this chapter. In addition, any
such violation shall be deemed a public nuisance, and the city attorney
is authorized to institute and maintain an action to enjoin such violation.
(Ord. 1687 §
1, 1983)