La Palma Municipal Code Art. IV Hazardous Materials Disclosure

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State Law reference— Hazardous waste control regulations, Health and Safety Code § 25100 et seq.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Carcinogen means a substance which causes cancer. For purposes of this article, "carcinogens" are those substances specified on the list developed by the United States Department of Health and Human Services on its Second Annual Report on Carcinogens.

CAS number means the unique identification name as assigned by the Chemical Abstracts Services to specific chemical substances.

Chemical name means the scientific designation of a substance in accordance with the International Union of Pure and Applied Chemistry, or the system developed by the Chemical Abstracts Services.

Common name means a designation of identification such as code name, code number, trade name or brand name used to identify a substance other than by its chemical name.

Disclosure form means the written request for information prepared pursuant to section 16-84.

Fire Chief orChief means the Orange County Fire Authority Fire Chief or designee.

Fire department or department means the Orange County Fire Authority.

Handle means to generate, treat, store or dispose of hazardous material in any fashion.

Hazardous material.

(1) The term "hazardous material" means any substance or hazardous waste as defined in subsection (2) in this definition and the definition for hazardous waste as defined in this section, or any material designated pursuant to section 16-83.

(2) The term "hazardous material" means any substance or product:

a. For which the manufacturer or producer is required to prepare a MSDS for the substance or product pursuant to the Hazardous Substances Information and Training Act (commencing with Labor Code § 6360 et seq.) or pursuant to any applicable federal law or regulation; or

b. Listed in Health and Safety Code § 25316; or

c. Which is listed as a radioactive material set forth in Chapter I, Title 10, Appendix B, maintained and updated by the Nuclear Regulatory Commission; or

d. Which is listed as a legal carcinogen from the California Administration Code, Title 8, Subchapter 7, Group 16 and those substances specified in subsection (a) of this section; or

e. Which the Director of the Department of Food and Agriculture classifies as pesticides; or

f. Which the Environmental Protection Agency (EPA) classifies as priority organic pollutants.

Hazardous waste or extremely hazardous waste means any material that is identified in:

(1) The California Health and Safety Code §§ 25115 and 25117 and set forth in Section 66680 and 66684 of Title 22 of the California Administrative Code (22 CCR §§ 66680—66684); or

(2) The 40 CFR 261.31 through 261.33.

Health official means the Health Officer of the County of Orange or his designated representative.

MSDS means a Material Safety Data Sheet prepared pursuant to the California Labor Code § 6390 or pursuant to the regulations of the Occupational Safety and Health Administration of the United States Department of Labor.

Person means an individual, trust, firm, joint stock company, corporation, partnership, association, City, County, district and the State, or any department or agency thereof.

Physician means any person who holds a valid certificate from the State of California to practice the healing arts.

SIC Code means the identification number assigned by the Standard Industrial Classification Code to specific types of businesses.

Storage orstoring means the containment of substances or materials in such a manner as not to constitute disposal of such substances or materials.

Use means the handling, processing or storage of a hazardous substance.

User means any person who uses a hazardous substance or handles a hazardous waste.

(Code 1975, § 12-21; Ord. No. 85-21, § 1)

A material may be added to the list of hazardous materials as defined in section 16-82 upon a finding by the Fire Chief that the material, because of its quantity, concentration or physical or chemical characteristics, poses significant present or potential hazard to human health and safety or to the environment if released into the community. A material added to the list of hazardous materials pursuant to this section shall be designated as either a hazardous material or hazardous waste. The Fire Chief may use the Uniform Fire Code published by the Western Fire Chiefs to assist him or her in requiring types and amounts of hazardous materials to be disclosed.

(Code 1975, § 12-22; Ord. No. 85-21, § 1)

(a) Any person who uses or handles a hazardous material must semiannually, during the months of January and July, submit a completed hazardous material disclosure form to the Orange County Fire Department.

(b) Any person who, during the calendar year, for the first time becomes a user or handler of any hazardous material, must submit a completed disclosure form to the fire department within 30 days of becoming a user or handler. Thereafter, said person shall comply with the provisions of subsection (a) of this section.

(c) The fire department may specify in writing such other times that the submittal of the disclosure form may be necessary.

(d) Any person who fails to file a disclosure form within the time limits set forth pursuant to subsections (a) through (c), or upon notice of the Fire Chief, or his or her authorized representative, shall pay such penalty for said late filing as established pursuant to section 16-90. Said penalty shall be submitted with the disclosure form and shall be in addition to regularly assessed fees, if any.

(e) Within 15 days of any:

(1) Significant change in the use or handling of hazardous material;

(2) New use or handling of a previously undisclosed hazardous material;

(3) Change of business address;

(4) Change of business ownership;

(5) Change of business name; or

(6) Closure of business;

any person who has filed a disclosure form pursuant to subsections (a) through (d) of this section shall submit to the fire department a new completed disclosure form detailing the new use, handling or other appropriate information required.

(Code 1975, § 12-23; Ord. No. 85-21, § 1)

Upon receipt of a disclosure form, the fire department shall maintain files of all disclosure forms received. Subject to the provisions of section 16-92 relating to trade secrets, these files shall be open to the public during normal business hours.

(Code 1975, § 12-24; Ord. No. 85-21, § 1; Ord. No. 86-09, § 1)

(a) The disclosure form showing information required of businesses shall be developed by the fire department. The disclosure form shall include, but not be limited to, requests for the following:

(1) A copy of the material safety data sheets for every hazardous material used by the person completing the disclosure form as required by the fire department;

(2) CAS number as may be required by the fire department;

(3) SIC code as may be required by the fire department;

(4) U.N. identification number as may be required by the fire department;

(5) A listing of the chemical name and any common names of every hazardous material used by the person completing the disclosure form;

(6) The maximum amount of each hazardous material, disclosed in subsection (a)(2) of this section, which is handled or used at any one time by the user over the course of the year;

(7) Specific information on how and where the hazardous materials disclosed in subsection (2) of this section is handled or used by the user to allow fire and safety personnel to prepare adequate emergency response plans to potential releases of the hazardous materials;

(8) The names and phone numbers of at least two persons representing the business and who may be able to assist emergency personnel in the event of an emergency involving the business during business and nonbusiness hours;

(9) The hazard characteristics of every hazardous material disclosed, including, but not limited to, toxicity, flammability, reactivity, and corrosivity as may be required by the fire department.

(b) Upon request all users must provide information in addition to that required in the disclosure form, as follows:

(1) To the fire department, any information determined by the fire department to be necessary to protect the public health, safety or the environment; and

(2) To any physician where the physician determines that such information is necessary to the medical treatment of his or her patient.

(Code 1975, § 12-25; Ord. No. 85-21, § 1)

The following materials, persons or entities shall be exempt, as specified, from the disclosure requirements under this article:

(1) A material designated as a hazardous material by this article solely by its presence on the Nuclear Regulatory Commission list of radioactive materials shall be exempt from the requirement that a MSDS be submitted with the disclosure form.

(2) Hazardous materials or substances contained in food, drug, cosmetic, or tobacco products.

(3) Any person using or handling less than 500 pounds or 55 gallons per year, whichever is the lesser, of a hazardous material shall be exempted from the requirement of disclosure of that use or handling unless the Fire Chief has provided notice that the weight or volume limits of this exemption for a specific hazardous material have been lowered in response to public health concerns or to meet the intent and requirements of the Uniform Fire Code (UFC).

The exemption of this subsection shall not apply to the using or handling of carcinogens, except to the extent that such carcinogens are handled or used solely for personal purposes.

(4) Hazardous materials contained solely in consumer products packaged for use by and distributed to the general public, unless the product is repackaged or altered in any way; provided, however, the manufacture and distribution of these products are not exempt or required to be permitted or reported by the Uniform Fire Code.

(5) Any person, while engaged in the transportation of hazardous materials, including storage directly incident thereto, provided that such materials are accompanied by shipping papers prepared in according with the provisions of 49 Code of Federal Regulations, Subtitle B.

(6) No MSDS shall be required for any hazardous material for which an MSDS is not available at the time disclosure is required, provided, however, that such MSDS shall be submitted to the fire department within 15 days after receipt by the user of the MSDS.

(7) Infectious waste generated by hospitals, medical centers, clinics, and other health care facilities that are regulated under Title 22 of the California Administrative Code.

(Code 1975, § 12-26; Ord. No. 85-21, § 1)

The Health Official will make information available to fire departments and emergency response personnel, upon request, of hazardous wastes, extremely hazardous wastes, or underground tanks, when the information is currently collected and processed by the Health Official.

(Code 1975, § 12-27; Ord. No. 85-21, § 1)

When required by the Fire Chief, areas containing hazardous materials shall be identified. Such identification may include signs, color coding, posting lists of materials and MSDS, or other notice as may be deemed necessary.

(Code 1975, § 12-28; Ord. No. 85-21, § 1)

The Orange County Board of Supervisors may establish by resolution a schedule of fees to be paid by persons subject to this article which is sufficient to cover the costs of administration resulting from this article.

(Code 1975, § 12-29; Ord. No. 85-21, § 1; Ord. No. 86-09, § 2)

When required by the Fire Chief, any person submitting a disclosure form may be required to install an approved key box for emergency utilization of MSDS, floor plans, site plans and access keys. The location of the required key box shall be approved by the Fire Chief.

(Code 1975, § 12-30; Ord. No. 85-21, § 1)

(a) If a user believes that a request from the public for information on the disclosure form or otherwise pursuant to this article involves the release of a trade secret, the user shall so notify the fire department, in writing. As used herein, the term "trade secret" shall have the meaning given to it by Government Code § 6254.7 and Evidence Code § 1060.

(b) Subject to the provisions of this section, the fire department shall protect from disclosure any trade secret coming into its possession when requested to do so in writing by the user.

(c) Any trade secret information reported to or otherwise obtained by the fire department, or any of its representatives or employees, whose user has complied with subsections (a) and (b) of this section, shall not be disclosed to anyone except:

(1) To an officer or employees of the City, the County, the State of California, or the United States of America, 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; or

(2) To any physician where the physician determines that such information is necessary to the medical treatment of his or her patient; or

(3) As otherwise required by law or court order.

(d) For the purpose of this section, fire and emergency response personnel and County health personnel operating within the jurisdiction of the City shall be considered employees of the City.

(e) Any officer or employee of the City, or former officer or employee, who by virtue of such employment or official position, has obtained possession of or has access to information, the disclosure of which is prohibited by this section, and who, knowing that disclosure of the information is prohibited, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, shall be guilty of a misdemeanor. Any contractor with the City and any employee of such contractor, who has been furnished information as authorized by this section, shall be considered to be an employee of the City for purposes of this section. Any physician who has been furnished information or who has obtained information pursuant to subsection (c)(2) of this section and who, knowing that the disclosure of the information is prohibited, knowingly and willfully discloses the information shall be guilty of a misdemeanor.

(f) 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 officials in accordance with the laws of the United States.

(g) 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 subsection (a) of this section, the fire department shall notify the user in writing of said request by certified mail. The fire department shall release the information 30 days after the day of mailing said notice, unless, prior to the expiration of said 30 days, the user institutes an action in an appropriate court for a declaratory judgment that said information is subject to protection under subsection (b) of this section and/or an injunction prohibiting disclosure of said information to the general public.

(h) The provisions of this section shall not permit a user to refuse to disclose information required to be disclosed pursuant to this article.

(Code 1975, § 12-31; Ord. No. 85-21, § 1)