For the purpose of this chapter, the terms listed in this section
shall be defined as follows:
refers to a substance which causes cancer. For purposes of
this chapter, "carcinogens" means and includes those substances specified
on the list developed by the United States Department of Health and
Human Services on its Second Annual Report on 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 the written request for information prepared pursuant to Section 8.31.030 of this chapter.
means to generate, treat, store or dispose of a hazardous
material in any fashion.
means any substance or hazardous waste as defined in subsection H or I of this section, or any material designated pursuant to Section 8.31.020 of this chapter.
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 67360, Chapter 2.5, Part 1 of Division 5 of the California Labor Code), or successor provisions, or pursuant to any applicable federal law or regulation; or
Listed in Section 25316 of the Health and Safety Code; or
Which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, maintained and updated by the Nuclear Regulatory Commission; or
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; and
Which the Director of the Department of Food and Agriculture
classify as pesticides; or
Which the EPA classifies as priority organic pollutants.
means any material that is identified in:
Sections 25115 and 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 designated
representative.
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, association, city, county, district and the state, or
any department or agency thereof.
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.
means and includes the handling, processing or storage of
a hazardous substance.
means any person who uses a hazardous substance or handles
a hazardous waste.
(Ord. 2043 § 1, 1985; Ord. 2362 § 32, 2003)
A material may be added to the list of hazardous materials as defined in Section 8.31.010 of this chapter 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 community. 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 in requiring types and amounts of hazardous materials to be disclosed.
(Ord. 2043 § 1, 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 thirty days of becoming a user or handler. Thereafter, such 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 form may be necessary.
D.
Any person who fails to file a disclosure form within the time limits set forth pursuant to subsections A through D of this section, or upon notice of the fire chief or his authorized representative, shall pay such penalty for such late filing as established pursuant to Section 8.31.090 of this chapter. Such penalty shall be submitted with the disclosure form and shall be in addition to regularly assessed fees, if any.
(Ord. 2043 § 1, 1985)
A.
Upon receipt of a disclosure form, the fire department shall maintain files on all disclosure forms received. Subject to the provisions of Section 8.31.110 of this chapter 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 requested 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 copies;
4.
Reason
for which the person requests the information.
(Ord. 2043 § 1, 1985)
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.
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, disclosed in subsection A2 of this section, 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 disclosed in subsection A2 of this section, 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.
8.
The
names and phone numbers of at least two persons representing the business
and who may 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 information in addition to that required
in the disclosure form as follows:
(Ord. 2043 § 1, 1985)
The following materials, persons or entities shall be exempt,
as specified, from the disclosure requirements under this chapter.
A.
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 requirements that an MSDS be submitted with
the disclosure form.
B.
Hazardous
materials or substances contained in food, drug, cosmetic or tobacco
products.
C.
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 exempt 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.
D.
Hazardous
material 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 or required to be permitted or reported
by the Uniform Fire Code.
E.
Any
person, while engaged in the transportation of hazardous materials,
including storage directly incident thereto, provided that such material
are accompanied by shipping papers prepared in accordance with the
provisions of 49 Code of Federal Regulation, Subchapter C.
F.
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.
G.
Infectious
waste generated by hospitals, medical centers, clinics and other health
care facilities that are regulated under Title 22 of the California
Administrative Code.
(Ord. 2043 § 1, 1985)
The health official will make information available to the fire
department and emergency response personnel upon request, of hazardous
wastes, extremely hazardous wastes, underground tanks, when the information
is currently collected and processed by the health official.
(Ord. 2043 § 1, 1985)
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.
(Ord. 2043 § 1, 1985)
The city council may 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. Such
schedule shall include a schedule of penalties to be assessed for
the late filing of any disclosure form.
(Ord. 2043 § 1, 1985)
When required by the fire chief, any person submitting a disclosure
form may be required to install an approved key boxes for emergency
utilization of MSDS, floor plans, site plans, and access key. The
location of the required key box shall be approved by the fire chief.
(Ord. 2043 § 1, 1985)
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 in this chapter, "trade secret" shall have the
meaning given to it by Section 6254.7 of the Government Code and Section
1060 of the Evidence 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:
1.
To
the officer or employees of the city, the county, the state of California
of the United Stated 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.
Any physician who has been furnished information or who has obtained information pursuant to subsection C2 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 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 and/or an injunction prohibiting disclosure of such 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.
(Ord. 2043 § 1, 1985)
