Hayward Municipal Code Part XIII Miscellaneous

(a) The degree of protection required by this Article is considered reasonable for regulatory purposes. The standards set forth herein are minimal standards and this Article does not imply that compliance will ensure that there will be no unauthorized release of hazardous material. This Article will not create liability on the part of City, or any officer or employee thereof, for any damages that result from reliance on this Article or any administrative decision lawfully made thereunder. All persons handling, storing, using, processing, and disposing of hazardous materials within City should be and are advised to determine to their own satisfaction the level of protection in addition to that required by this Article necessary or desirable to ensure that there is no unauthorized release of hazardous materials.

(b) This Article is not intended to create any different standard of obligation for the storage of carcinogens than is imposed for the storage of other hazardous materials. Hazardous materials are identified as carcinogens herein for public record purposes only and the identification of a material as a carcinogen shall not require a different or stricter application of the provisions of this Article, nor notice to any person under any circumstances other than those expressly specified in this Article, nor shall such identification create any other duty or obligation upon City different from or additional to those duties or obligations applicable to the storage of other hazardous materials.

Guidelines approved by the Fire Chief shall be maintained in the office of the City Clerk. Such guidelines, in the areas addressed therein, shall serve as an advisory interpretation of this Article.

Subject to the limitations of due process, notwithstanding any other provision of this Article whenever the words shall or must are used in establishing a responsibility or duty of 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.

Notwithstanding any other provision of this Article:

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

(b) If the storage facility is required to have a permit from the Department of Health Services under Health and Safety Code Section 25100 et seq., it shall be exempted from any provision of this Article which is covered by the regulations adopted under the above-cited statute.

(c) Whenever any provision of this Article conflicts with the Fire Code of the City of Hayward, the stricter shall prevail.

The City will require its permit applicants and permittees to fill out, in addition to forms required for City's own purposes under this Article, standardized forms based on the application form and annual report form prepared by the State Water Resources Control Board as specified by California Health and Safety Code Section 25286, and City will forward these forms to the State Water Resources Control Board.

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 City blank, except to indicate the words trade secret, and the permit applicant or permittee shall thereafter, within ten (10) days of submitting the incomplete form to City, submit the completed form including the trade secret information directly to the State Water Resources Control Board. City shall have no obligation to protect as a trade secret any information which is furnished to it for forwarding to the State Water Resources Control Board on these standardized forms.

(Amended by Ordinance 17-09, adopted June 20, 2017)