Morgan Hill Municipal Code Art. VII Hazardous Materials Inventory—Trade Secrets

A Hazardous Materials Inventory Statement (HMIS) shall be filed with the city in accordance with this section. Any person, firm or corporation which stores or handles any hazardous material in an amount which is equal to or greater than the quantities specified in subsection A of Section 8.40.750 of this article is required to file an HMIS. Such person, firm or corporation shall amend the HMIS prior to any substantive change such as but not limited to: the storage or handling of any hazardous material not listed thereon but required to be listed by Article IV, an increase of one hundred (100%) percent or more in the quantity of a single previously disclosed material provided such storage does not increase the hazard of fire or explosion or the hazard of the production of a flammable or poisonous gas, a change in business address, ownership or business name, or when required by Section 8.40.140.

All other changes shall be amended in writing within thirty days of their occurrence.

(Ord. 1082 N.S. § 16, 1992: Ord. 786 N.S. § 7, 1986: Ord. 636 N.S. (part), 1983)

A. Information shall be included in the HMIS for each hazardous material stored or handled in a facility (aggregated over all such material stored in one or more storage facilities) where the aggregate quantity throughout the facility is five hundred pounds or more in weight for solids, fifty-five gallons or more for liquids, or two hundred cubic feet or more at standard temperature and pressure (STP) for compressed gases.

B. The information in the HMIS shall include:

1. For nonwastes: The general chemical name, common/trade 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 the city;

2. For wastes: The department of health services manifest for wastes or equivalent information, including the general chemical and mineral composition of the waste listed by probable maximum and minimum concentration, and the hazard class or classes;

3. A listing of the chemical name and common names of every other hazardous material or mixture containing a hazardous material handled by the business which is not otherwise listed pursuant to paragraphs 1 or 2 of this subsection;

4. The maximum amount of each hazardous material or mixture containing a hazardous material disclosed in paragraphs 1, 2 and 3 of this subsection which is handled at any time by the business over the course of the year;

5. Sufficient information on how and where the hazardous materials disclosed in paragraphs 1, 2 and 3 of this subsection are handled by the business to allow fire, safety, health and other appropriate personnel to prepare adequate emergency responses to potential releases of the hazardous materials;

6. The SIC Code number of the business, if applicable;

7. The name and twenty-four-hour phone number(s) of the person representing the business who is able to assist emergency personnel in the event of an emergency involving the business during nonbusiness hours.

C. The HMIS may report the amount of hazardous material under this section by ranges, rather than a specific amount, pursuant to Section 8.40.660(C)(1)(c)(iii), as long as those ranges provide the information necessary to meet the needs of emergency rescue personnel, to determine the potential hazard from a release of the materials, and meets the purpose of this chapter.

D. The HMIS shall also include a carcinogen identification form which shall indicate the storage of any quantity of any carcinogen listed in Sections 5208—5215 and Section 5219 of Title 8 of the California Administrative Code, as amended. This provision will be satisfied by the submittal to the city of a copy of the carcinogen registration form submitted to the California Department of Industrial Relations in accordance with the above cited sections of Title 8 of the California Administrative Code, as amended.

(Ord. 786 N.S. § 8, 1986: Ord. 636 N.S. (part), 1983)

The HMIS is a public record; however, the information contained therein is subject to trade secret protection pursuant to Health and Safety Code Section 25511.

(Ord. 786 N.S. § 9, 1986: Ord. 636 N.S. (part), 1983)