The city council finds and declares that:
A. 
Hazardous substances and hazardous wastes which are present in the community may pose acute and chronic health hazards to individuals who live and work in the city if exposed to such substances as a result of fires, spills, industrial accidents or other types of releases or emissions;
B. 
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;
C. 
Basic information on the location, type and the health risks of hazardous materials being used or stored in the city is not now available to firefighters, health officers, planners, elected officials and other emergency response personnel;
D. 
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 fashion that trade secrecy is not abridged;
E. 
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.
F. 
It is further intended that this chapter shall incorporate the requirements of the Uniform Fire Code.
G. 
The adoption of this chapter does not exempt or preclude the user or handler of hazardous materials from compliance with federal or state statutes, in particular Section 25500 et seq. of the California Health and Safety Code. It is specifically noted that compliance under Section 25505 of the Health and Safety Code mandates that a business file a business plan with the city.
(Ord. 1252, 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:
"Carcinogen"
means a substance which causes cancer. For the 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.
"CAS number"
means the unique identification name as assigned by the Chemical Abstracts Services 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 Abstracts Services.
"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 Sections 8.36.040 and 8.36.050 of this chapter.
"Handle"
means to generate, treat or dispose of a hazardous material in any fashion.
"Handler"
means any person who handles a hazardous substance.
"Hazardous material"
means any substance or hazardous waste as defined in subsections I or J of this section, or any material designated pursuant to Section 8.36.030 of this chapter.
"Hazardous material"
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; or
2. 
Listed in Section 25316 of the Health and Safety Code; or
3. 
Which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, Code of Federal Regulations; or
4. 
Which is listed as a legal carcinogen from the California Administrative Code, Title 8, Subchapter 7, Group 16 and those substances specified in subsection A of this section; or
5. 
Which the Director of the Department of Food and Agriculture classifies as pesticides; or
6. 
Which the EPA classifies as priority organic pollutants.
"Hazardous waste" or "extremely hazardous waste"
means any material that is identified in:
1. 
Section 25225 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
2. 
The Code of Federal Regulations, Title 40, Sections 261.31 through 261.33.
"Health official"
means the health officer of the county of Orange or his deputy.
"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 or association.
"Physician"
means any person who holds a valid certificate from the state of California to practice the healing arts.
"SIC code"
means the identification number assigned by the Standard Industrial Classification Code 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.
"Use"
means and 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. 1252, 1985)
A substance may be deemed a hazardous material or hazardous waste upon a finding by the fire chief that the 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 fire chief may use the Uniform Fire Code published by the Western Fire Chiefs to assist in determining the types and amounts of such substances to be disclosed. Should the fire chief at any time determine that otherwise exempted materials should be subject to disclosure, the fire chief may require the submission of a disclosure form.
(Ord. 1252, 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 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 form to the fire department within fifteen days of becoming a user or handler. Thereafter any such user or handler shall comply with the provisions of subsection A of this section.
C. 
The fire department may, upon written notice, require the submittal of a disclosure form of any user or handler. The user or handler shall submit a completed disclosure form within fifteen days.
D. 
Any person required to submit a disclosure form pursuant to this section shall file with the fire department an updated disclosure form within fifteen 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, handling or manufacturing of a hazardous material for which disclosure has been previously made;
7. 
A one hundred percent increase in the quantity of a previously disclosed material;
8. 
Any change in the location where previously disclosed materials were stored;
9. 
Any change in the emergency contacts listed under Section 8.36.050A8.
(Ord. 1252, 1985)
A. 
The disclosure form shall be developed, maintained and updated by the fire chief, 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;
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 is handled or used at any one time by the user over the course of the year;
7. 
Sufficient information on how and where the hazardous materials are handling or used by the user including submission of general floor plans of the facility and specific site plans which designate exact locations where chemicals are stored, so as to allow safety personnel to prepare adequate emergency response plans for potential releases of 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. At least one contract shall be designated as the individual who possesses the greatest technical information regarding the hazardous materials located on the site;
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:
1. 
To the fire department, any information determined by the fire department to be necessary to protect the public health, safety or the environment;
2. 
To any physician, where the physician determines that such information is necessary to the medical treatment of his or her patient
(Ord. 1252, 1985)
A. 
The following materials or persons are exempt from the disclosure requirements of Section 8.36.040 of this chapter:
1. 
Hazardous materials or substances contained in food, drug, cosmetic or tobacco products;
2. 
Any person using or handling less than five hundred pounds or fifty-five 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 has been lowered in response to public health concerns or to meet the intent and requirements of the Uniform Fire Code;
3. 
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. However, pesticides, herbicides and ammonium nitrate fertilizers over the required disclosure amounts are not exempt from disclosure;
4. 
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;
5. 
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 handling of carcinogens, except to the extent that such carcinogens 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 fifteen days after receipt by the user of the MSDS.
(Ord. 1252, 1985)
A. 
When required by the fire chief, work areas in which any person uses or handles hazardous material shall be identified as such by such measures as the fire chief may specify including, but not limited to, signs, color coding, posting lists of material and MSDS or other notices.
B. 
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 as designated by the fire chief.
C. 
The fire chief may direct that these items be revised and reposted or reinstalled at any time. The city shall bear no expense for initial or subsequent work required of a user under this section. The user shall have thirty days in which to complete any work ordered under this chapter.
(Ord. 1252, 1985)
The city council 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 and implementation resulting from this chapter. The city council may adopt penalty assessments for late filings.
(Ord. 1252, 1985)
A. 
Upon receipt of a disclosure form, the fire department shall maintain files of all disclosure forms received. Subject to the provisions of Section 8.36.100 relating to trade secrets, these files shall be open to the public during normal business hours.
B. 
The fire department shall keep a record of all persons who request access to the hazards materials disclosure forms. The records 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;
4. 
Reason for which the person requests the information.
(Ord. 1252, 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 fire chief, 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, 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. 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 fire department is a trade secret pursuant to subsection A of this section, the fire department shall notify the user in writing of such request by certified mail. The fire department shall release the information thirty days after the day of mailing such notice, unless, prior to the expiration of such thirty days, the user institutes an action in an appropriate court for a declaratory judgment that such information is subject to protection under subsection B of this section or an injunction prohibiting disclosure of such information to the general public is granted by a court of competent jurisdiction.
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. 1252, 1985)
A. 
The fire department is authorized to clean up or abate the effects of any hazardous substance or waste unlawfully released, discharged or deposited upon or into property or facilities within the city. The following described persons shall be jointly and severally liable to the city for the payment of all costs incurred by the city as a result of such cleanup or abatement activity:
1. 
The person or persons whose negligent or willful act or omission proximately caused such release, discharge or deposit;
2. 
The person or persons who owned or had custody or control of the hazardous substance or waste at the time of such release, discharge or deposit, without regard to fault or proximate cause; and
3. 
The person or persons who owned or had custody or control of the container which held such hazardous substance or waste at the time or immediately prior to such release, discharge or deposit, without regard to fault or proximate cause.
B. 
In the event that any person undertakes, either voluntarily or upon order of the fire chief or other city official, to clean up or abate the effects of any hazardous substance or waste unlawfully released, discharged or deposited upon or into any property or facilities within the city, the fire chief may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The persons described in subsection A of this section shall be liable to the city for all costs incurred as a result of such supervision or verification.
C. 
For purposes of this section, "hazardous materials" means any material that, 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.
D. 
The remedies provided by this section shall be in addition to any other remedies provided by law. Said fees shall be set by resolution of the city council.
E. 
The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the fire department.
(Ord. 1352 § 1, 1989)
The fire chief or an authorized representative is authorized and empowered to enforce the provisions of this chapter. The enforcement may include the inspection of hazardous materials in use, storage or disposal, review of hazardous materials records, the sampling and testing of hazardous materials and other activities directly related to the enforcement of this chapter. No person shall obstruct or interfere with the fire department in the performance of these duties.
(Ord. 1252, 1985)