La Mesa Municipal Code Ch. 10.96 Hazardous Material Disclosure

The City Council finds and declares:

A. That a number of the businesses in the City of La Mesa are engaged in the handling, storage, use, processing, and disposal of hazardous material.

B. That the public health, safety, and welfare of the citizens of the City of La Mesa may be endangered by the handling, storage, use, processing, and disposal of such hazardous material.

C. That it is necessary for the protection of the citizens of the City of La Mesa that all businesses disclose the presence of such hazardous material to the fire chief.

D. That this disclosure is necessary so that firefighters who respond to fires or other emergencies in structures which house such hazardous material can respond appropriately and take measures to protect their own lives and to protect the community in general.

E. It is not the intent of this ordinance to regulate the handling, storage, use, processing, or disposal of hazardous material. This ordinance is adopted for the purpose of disclosure to the fire chief so that the fire department can have knowledge of the presence of hazardous material within the city.

(Ord. 2291; May 27, 1982)

For the purposes of this chapter, the following definitions shall apply:

A. "Fire chief" shall mean the fire chief of the City of La Mesa or his duly-appointed representative.

B. "Hazardous material" means a substance or combination of substances which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

1. Cause, or significantly contribute to any increase in serious, irreversible, or incapacitating illness.

2. Pose a substantial present or potential hazard to humans or the environment.

The fire chief shall maintain and update a list of categories of hazardous material.

C. "Person" means all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs or common law trusts, societies, and individuals transacting and carrying on any business in the city.

(Ord. 2291; May 27, 1982)

A. The fire chief shall cause to be delivered a copy of this ordinance and a hazardous material disclosure form for completion to any person who may be handling, storing, using, processing, or disposing of hazardous material. The form shall be completed and returned by the person to the fire chief within fifteen days. Any person who is required to file such form with the fire chief shall amend the form within ten days of the date of any such changes in the hazardous material that it handles, stores, uses, processes, or disposes in the City of La Mesa.

B. The public shall have access to all records, reports, or information contained in the hazardous material disclosure form including material safety data sheets submitted to any licensing agency of the Federal, State, County, or City government, except for that which is considered confidential. If the applicant can prove to the fire chief that the records, reports, information, or a particular portion thereof (but not emission or discharge data concerning hazardous chemicals which are potentially toxic in the environment), if made public, would divulge sales figures, methods, processes, or production unique to such applicant or would otherwise tend to affect adversely the competitive position of such applicant by revealing trade secrets, then the fire chief shall determine if same is confidential and shall not release same to public. Nothing herein shall be construed to prevent disclosure of such reports, records, or information to any Federal, State, County, or City agencies as may be necessary for purposes of administration of any Federal, State, County, or any other branch of City government as may be necessary for public health, safety, or law enforcement purposes.

(Ord. 2291; May 27, 1982)

Any person violating or causing the violation of any of the provisions of this chapter is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars or by imprisonment in the County Jail of San Diego County for a period of not more than six months, or by both such fine and imprisonment, as provided for in this code. In lieu of said fine and/or imprisonment, any person violating or causing the violation of any of the provisions of this chapter may be assessed the cost incurred by the city in responding to emergencies, including fire suppression, caused by the presence of hazardous material as well as the cost of cleaning up and disposing of such hazardous material.

(Ord. 2291; May 27, 1982)