The city council of the city declares that:
(a) 
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.
(b) 
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.
(c) 
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.
(d) 
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. 1118 § 1, 1986)
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"
refers to 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 in 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 systems developed by the Chemical Abstract 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 pursuant to Sections 7.50.040 and 7.50.050.
"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 this section, or any material designated pursuant to Section 7.50.030.
"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 Substance 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) 
Which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, Code of Federal Regulations;
(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;
(5) 
Which the Director of the Department of Foods and Agriculture classified as pesticides;
(6) 
Which the Environmental Protection Agency classifies as priority organic pollutants.
"Hazardous waste" or "extremely hazardous"
means any material that is identified in:
(1) 
Sections 25115 or 25117 of the California Health and Safety Code and set forth in Sections 66680 and 66684, Title 22 of the California Administrative Code;
(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/her 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 manner as not to constitute disposal or unintended release of such substances or materials.
"Use"
includes the handling, processing or storage of a hazardous substance(s).
"User"
means any person who uses a hazardous substance or handles a hazardous waste.
(Ord. 1118 § 1, 1986)
A substance may be deemed a hazardous material or hazardous waste upon findings by the fire department that the substance, because of its quantity, concentration or physical or chemical characteristics, poses a significant hazard, present or potential, to human health and safety or to the environment if released into the community. The chief may use the Uniform Fire Code published by the Western Fire Chief's Association and adopted by the Laguna Beach Municipal Code to assist in identification and requirements of the types and amounts of substances to be disclosed.
(Ord. 1118 § 1, 1986)
(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.
(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 Orange County fire department within thirty days of becoming a user or handler. Thereafter, any such user or handler shall comply with the provisions of Section 7.50.040(a).
(c) 
The Orange County Fire Department may, upon thirty 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 subsection shall file an updated disclosure form with Orange County fire department 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 or termination 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 listed on a previously submitted hazardous material disclosure form.
(Ord. 1118 § 1, 1986)
(a) 
The disclosure form shall be developed by the director of fire services, Orange County fire department, 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) 
UN 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) 
Specific information on how and where the hazardous materials are handled, used or stored by the user in order to provide fire and other safety personnel enough data to prepare adequate emergency response plans to manage releases or potential releases of hazardous materials;
(8) 
The names and telephone numbers of at least two responsible persons who represent the business and would be able to respond to assist emergency personnel in the event of a hazardous materials release during business and nonbusiness hours;
(9) 
The hazard characteristics of every hazardous material disclosed, including, but not limited to, toxicity, flammability, reactivity, corrosivity as may be required by the fire department;
(b) 
Upon request, all users must provide the following information:
(1) 
Any information necessary to protect the public health, safety or the environment to the fire department;
(2) 
Any information when any physician determines that such information is necessary for medical treatment of his or her patient.
(Ord. 1118 § 1, 1986)
(a) 
The following materials or persons are exempt from the disclosure requirement of Section 7.50.040;
(1) 
Radioactive materials listed by the Nuclear Regulatory Commission are exempt from MSDS submittal only even though radioactive materials are designated by the ordinance codified in this chapter;
(2) 
Hazardous materials or substances contained in food, drug, cosmetic or tobacco products;
(3) 
Any person using or handling less than five hundred pounds or fifty-five gallons per year, whichever is less, of a particular hazardous material may be exempted from the disclosure requirement of a particular use or handling unless the fire chief has provided notification of a weight or volume limit exemption change for specific hazardous materials regarding public health concerns or to meet the scope and intent of the Uniform Fire Code;
(4) 
Consumer products packaged and distributed to the general public containing hazardous materials are exempt, unless, however, the product is repacked or altered in any way or the manufacture and distribution of the products are not exempt;
(5) 
Any person engaged in the transportation and related storage of hazardous materials, provided such materials are accompanied by appropriate shipping papers prepared pursuant to the provisions of Title 49, Code of Federal Regulations, Subchapter C, now in existence or as hereafter amended;
(6) 
Infectious waste generated by hospitals, medical centers, clinics and other health care facilities which are regulated by Title 22 of the California Administrative Code.
(b) 
Exemptions contained in this section shall not apply to the sole use and handling or carcinogens for person purposes.
(c) 
Hazardous materials MSDS shall not be required when the MSDS is not available at the time of disclosure; however, such MSDS shall be submitted to the fire department within fifteen days of receipt by the user.
(Ord. 1118 § 1, 1986)
The health officer shall, upon request, make information available to fire departments and other emergency response personnel regarding hazardous waste, extremely hazardous waste and underground tanks when the information is obtained by the Orange County health officer.
(Ord. 1118 § 1, 1986)
(a) 
The director of fire services may require the user or handler of hazardous materials to identify work areas and may specify, but not be limited to, signs, color coding, posting lists of materials, MSDS or other notices.
(b) 
The director may require any person who submits a disclosure form, to install an approved key box for emergency utilization of MSDS, floor plans, site plans and access keys. The key box, when required, shall be installed in a location designated by the director of fire services.
(Ord. 1118 § 1, 1986)
Chapter 6.95, Section 25513 of the Health and Safety Code authorizes adoption of fee schedules to pay for cost incurred by jurisdictions carrying out the provisions of this chapter. The board of supervisors of Orange County shall regulate all fee schedules adopted by Orange County resolution(s). Adoption of this chapter by the city council of the city allows the Orange County board of supervisors to regulate all fee schedules associated with this hazardous materials disclosure ordinance.
(Ord. 1118 § 1, 1986)
(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 when he or she 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 or has access to the information, the disclosure of which is prohibited by this section, and who knowing disclosure of the information is prohibited, knowingly and willingly 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 the information 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 thirty days after the day of mailing the notice, unless, prior to the expiration of the thirty 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.
(d) 
The provisions of this section shall not allow a user to refuse to disclose information required to be disclosed pursuant to this chapter.
(Ord. 1118 § 1, 1986)
The director of fire services shall develop rules and regulations 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 pursuant to this chapter.
(Ord. 1118 § 1, 1986)