Hayward Municipal Code Part V Hazardous Materials Inventory

A Hazardous Materials Inventory Statement (HMIS) shall be filed annually with the City in accordance with this Article. Any person, firm, or corporation which stores, uses, handles, or disposes of any hazardous material in an amount which is equal to or greater than the quantities specified in Section 3-8.23 is required to file an HMIS. Such person, firm, or corporation shall amend the HMIS within thirty (30) days of the storage of any hazardous material not listed thereon but required to be listed by Section 3-8.23(a), or of an increase above the quantity range listed in accordance with Section 3-8.23(c), or required to be identified in accordance with Section 3-8.23(d).

(a) Information shall be included in the HMIS for each hazardous material stored in a facility (aggregated over all such material stored in one (1) or more storage facilities) where the aggregate quantity throughout the facility is greater than 500 pounds in weight for solids, greater than 55 gallons for liquid, or greater than 200 cubic feet at STP for compressed gases.

(b) The information in the HMIS shall include :

(1) For nonwastes: The chemical name, common name, major constituents for mixtures, the manufacturer, United Nations (UN) or North America (NA) number, if available, and the hazard class or classes and the Material Safety Data Sheet (MSDS) or equivalent information as required by City.

(2) For wastes: The Department of Health Services manifest for wastes or equivalent information, and the hazard class or classes.

(c) In addition, the HMIS shall state the aggregate quantity range stored at the facility of each hazardous material listed in terms of the quantity ranges stated in Section 3-8.20(a).

(d) The HMIS shall also include a carcinogen identification form which shall indicate the storage of any quantity of any carcinogen.

(e) Where a claim for trade secret protection is made for any hazardous material pursuant to Section 3-8.25, the HMIS to be publicly disclosed shall indicate the number of materials claimed to be trade secrets and the aggregate quantity range stored at the facility for each such hazardous material stated in terms of the quantity ranges set forth in Section 3-8.20(3)(iii). Where a claim for trade secret protection is made for any carcinogen identified pursuant to subsection (d) above, the carcinogen registration form to be publicly disclosed shall indicate all carcinogens not claimed to be trade secrets and it shall indicate the number of carcinogens claimed to be trade secrets and the aggregate quantity range stored at the facility for each such carcinogen stated in terms of the quantity ranges set forth in Section 3-8.20(3)(iii).

The HMIS is a public record except that no trade secret shall be disclosed. Any request for a public record hereunder shall be submitted in writing to the Fire Chief.

(a) If a permittee or permit applicant believes that a request for information made by either the HMIS or otherwise pursuant to this Article involves the release of a trade secret, the user shall provide the information nonetheless, and shall notify the Fire Department in writing of that information on the form that the user believes involves the release of a trade secret. As used herein, 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) The trade secret information sought to be protected shall be submitted to the Fire Chief on a separate form or forms, clearly and conspicuously marked or labeled as containing trade secret information, and said form or forms must be submitted only to the Fire Chief or his delegated representative.

(c) Subject to the provisions of this section, the Fire Chief shall protect from disclosure any trade secret when required to do so in writing by the user.

(d) Any information reported to the Fire Chief under this subsection, which is exempt from disclosure pursuant to this section, shall not be disclosed to anyone other than as required by law, except an officer or employee of the City 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.

(e) Any information reported to the Chief under this subsection, which is exempt from disclosure pursuant to this section, shall not be disclosed to anyone except to a physician where the physician determines that such information is necessary to the medical treatment of his or her patient.

(f) Any person who by virtue of employment, contractual relationship, official position, or physician status has obtained possession of or has had access to information, the disclosure of which is prohibited by this section and who knowing that disclosure of the information is prohibited, intentionally or recklessly discloses the information in any manner to any person not entitled to receive it, or uses the information for his or her own use or advantage, shall be guilty of a misdemeanor.

(g) 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 official or in accordance with the laws of the United States.

(h) 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 subdivision (a) of this section, the Fire Department shall notify the user in writing of said request by certified mail, return receipt requested. The Fire Department shall release the information thirty (30) days after the day of mailing and notice, unless, prior to the expiration of said thirty (30) days, the user institutes an action in an appropriate court for a declaratory judgment that said information is subject to protection under subdivision (c) of this section or an injunction prohibiting disclosure of said information to the general public.

(i) The provisions of this section shall not permit a user to refuse to disclose the information required pursuant to this Article to the Fire Chief.