The city council finds and declares:
A. Hazardous
substances and hazardous wastes present in the community may pose
acute and chronic health hazards to individuals who live and work
in the county, and who are exposed to such substances as a result
of fires, spills, industrial accidents, or other types of release
or emission;
B. The
people who live and work in this county have a right and need to know
of the use and potential hazards of hazardous materials in the community
in order to plan for and respond to exposure to such materials;
C. Basic
information on the location, type, quantity and the health risks of
hazardous materials used, stored, or disposed of in the county is
not now available to firefighters, health officials, health care providers,
planners, elected officials, and residents;
D. It is
the intent of the city council that this chapter recognize the community's
right and need for basic information on the use and disposal of hazardous
materials in the county and that it establish an orderly system for
the provision of such information including appropriate education
and training for use of information;
E. It is
further the intent of the city that the system of disclosure set forth
in this chapter shall provide the information essential to firefighters,
health officials, health care providers, planners, elected officials
and residents in meeting their responsibilities for the health and
welfare of the community in such a way that the statutory privilege
of trade secrecy is not abridged.
(Ord. 116 § 1, 1985)
For the purpose of this chapter the terms listed in this section
shall be defined as follows:
"Carcinogen"
means a substance or agent which can cause cancer. For purposes
of this chapter, carcinogens are chemicals for which there is sufficient
evidence of carcinogenicity as specified in guidelines prepared by
the International Agency for Research on Cancer and the National Cancer
Institute and are listed on the list of hazardous substances established
by the director of industrial relations pursuant to Section 6380 of
the
Labor Code.
"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 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.
"Establishment"
means a single business operation conducted on the same or
contiguous parcels of property under the same ownership or entitlement
to use.
"Hazardous substance"
means any substance or product:
1.
For which the manufacturer or producer is required to prepare
an 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
Labor Code) or pursuant to any applicable
federal law or regulation; or
2.
Which is listed as a radioactive material set forth in Chapter 1, Title
10, Appendix B, of the Code of Federal Regulations as maintained and updated by the Nuclear Regulatory Commission.
"Handle"
means to generate, treat, store, or dispose of a hazardous
waste in any fashion.
"MSDS"
means material safety data sheet prepared pursuant to Section
6390 of the
Labor Code.
"Person"
means an individual, trust, firm, joint stock company, corporation,
partnership, association, city, county or district.
"Proprietary information"
means information regarding compounds or ingredients used
in a process or production which do not qualify as trade secrets but
which provides an industry or business with a competitive advantage.
"Release"
means any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping, or
disposing into the environment.
"Reproductive toxins"
means a substance or agent which can affect reproductive
functions causing birth defects, spontaneous abortions, impaired spermatogenesis,
reduced fertility and/or intra uterine growth retardation, and appears
on the list of hazardous substances prepared by the director of industrial
relations pursuant to Section 6380 of the
Labor Code.
"Sensitive hazardous materials"
means hazardous materials recognized by the health officer
which if deliberately misused would present an imminent threat to
public health and safety.
"SIC code"
means the identification number assigned by the Standard
Industrial Classification Code to specific type of business.
"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. 116 § 1, 1985)
The city council upon recommendation of the health officer may
add materials to or exempt materials from the designation as a hazardous
material, carcinogen or reproductive toxin.
(Ord. 116 § 1, 1985)
The health officer shall establish an advisory committee representing
health care providers, industry, labor, fire suppression, law enforcement,
community and environmental interests. The purpose of the committee
shall be to advise the health officer on the implementation of this
chapter, including effective methods of public information and education.
(Ord. 116 § 1, 1985)
The board of supervisors 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 county of administering this
chapter and conducting investigations to ensure compliance. The schedule
of fees shall include a provision for collection of delinquency fees.
(Ord. 116 § 1, 1985)
The health officer is authorized and empowered to enforce the
provisions of this chapter and to inspect such activities as are regulated
in this chapter for the purpose of determining compliance with this
chapter. No person shall obstruct or interfere with the health officer
in his or her performance of these duties. The health officer shall
be empowered to make such arrests and issue citations pursuant to
Penal Code Sections 836.5 and 833.7 for violations of this chapter.
(Ord. 116 § 1, 1985)