Fremont Municipal Code Art. XIII Miscellaneous

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of hazardous material. This chapter shall not create liability on the part of the city, any officer or employee thereof for any damages that result from reliance with this chapter or any administrative decision lawfully made thereunder. All persons handling, storing, using, processing, and disposing of hazardous materials within the city should be and are advised to determine to their own satisfaction the level of protection in addition to that required by this chapter necessary or desirable to ensure there is no unauthorized discharge of hazardous materials. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-121300.)

The city may require its permit applicants and permittees to fill out, in addition to forms required for the city’s own purposes under this chapter, standardized forms prepared by the State Water Resources Control Board as specified by Cal. Health & Safety Code § 25283.2.

However, where any of the information required on such standardized forms is claimed by the permit applicant or permittee to be a trade secret, the permit applicant or permittee shall leave that portion of the form submitted to the city blank, except to indicate the words “trade secret,” and the permit applicant or permittee shall thereafter, within 10 days of submitting the incomplete form to the city, submit the completed form including the trade secret information directly to the State Water Resources Control Board. The city shall have no obligation to protect as a trade secret any information which is furnished to it on these standardized forms. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-121301.)

Subject to the limitations of due process, notwithstanding any other provision of this code, whenever the words “shall” or “must” are used in establishing a responsibility or duty of the city, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-121302.)

Notwithstanding any other provisions of this chapter:

(a) A facility regulated by any state or federal agency will be exempt from any conflicting provision of this chapter.

(b) Whenever any provision of this chapter conflicts with the fire code as adopted by the city, the most strict provision shall prevail.

(c) The requirements of this chapter shall be interpreted so that compliance with this chapter shall also provide compliance with state requirements regulating the storage and management of hazardous materials, including those provisions of state law contained in Cal. Health & Safety Code Chapters 6 and 6.95. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-121303.)