Fremont Municipal Code Art. V Hazardous Materials Inventory

A hazardous materials inventory statement (HMIS) shall be filed with the city as part of a complete HMMP. Any person, firm, or corporation which handles any hazardous material specified in Section 8.35.250(a) is required to file an HMIS. Such person, firm or corporation shall amend the HMIS within 30 days of a hazardous material not listed thereon but required to be listed by Section 8.35.250(a) or of any significant increase beyond the maximum quantity indicated on the approved HMIS. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12500.)

(a) Information shall be included in the HMIS for each hazardous material in a facility (aggregated over all such material in one or more facilities) unless the aggregate quantity throughout the facility is less than 55 gallons of liquid, 500 pounds of solids, or 200 cubic feet of compressed gas (measured at STP) and is not an acutely hazardous material or covered under a specific section of this chapter or designated a chemical of concern by the city. (See Section 8.35.040(30).)

(b) The information in the HMIS shall include for each regulated chemical either:

(1) (A) The general chemical name, common/trade name, CAS number, physical state, major constituents for mixtures, the manufacturer, United Nations (UN) or North American (NA) number, if available, the hazard class or classes, the four-digit identification number listed in the DOT Emergency Response Guidebook; and

(B) The material safety data sheet (MSDS) for each chemical must be attached; and

(C) Indicate if the material is acutely or extremely hazardous; or

(2) A copy of a department of health services manifest for each waste or its equivalent, the hazard class or classes and an estimate of the annual quantity produced.

(c) In addition, the HMIS shall state the maximum and average daily quantities at each facility of each hazardous material specified in subsection (a) of this section and indicate if it is an acutely hazardous material.

(d) Where a claim for trade secret protection is made for any hazardous material pursuant to Section 8.35.270, the HMIS to be publicly disclosed shall indicate the number of materials claimed to be trade secrets. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12501.)

The HMIS is a public record except for those materials designated for trade secret protection pursuant to Section 8.35.270. Any request for a public record hereunder shall be submitted in writing to the city. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12502.)

(a) The city shall protect from unauthorized disclosure any and all trade secret information which comes into the city’s possession through written documents or information furnished by permittee or permit applicant as required under this chapter; provided, that:

(1) Such claimed trade secret(s) is submitted in writing to the city; and

(2) The trade secret information sought to be protected is submitted to the city on a separate form or forms on colored paper, clearly and conspicuously marked or labeled as containing trade secret information; and

(3) Said form or forms containing the trade secret information is submitted only to the city; and

(4) Accompanying each item of information for which a claim of trade secret is asserted, a declaration under penalty of perjury, signed by the permittee or permit applicant, supporting the asserted trade secret status.

(b) Any other provision of this section to the contrary notwithstanding, there shall be no criminal or civil liability for disclosure of the identity of any trade secret material where there has been any unauthorized discharge related to such trade secret material or where such disclosure arises out of any official emergency response relating to the facility(s) by public safety personnel of the city, or is requested by a licensed physician who certifies in writing that the information is necessary for the medical treatment of a patient or patients. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12503.)