Chapter 15.33 — HAZARDOUS MATERIALS

For the purpose of this chapter, the terms listed in this section shall be defined as follows:

"Carcinogen" refers to a substance which causes cancer. For purpose of the ordinance codified herein, 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.

"California Environmental Reporting System" (CERS) means the statewide web-based system for electronically collecting and reporting various hazardous materials-related data as mandated by the California Health and Safety Code and AB2286.

"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 Service.

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

"Electronic disclosure" means the electronic submittal of required information prepared pursuant to Section 15.33.030 as required by California Health and Safety Code Chapter 6.95.

"Facility" means a building, use or activity on a property including exterior storage areas for hazardous materials. Where uses or activities on a property can be separated into distinct and separate functions, they shall be considered separate facilities.

"Handle" means to generate, treat, store or dispose of a hazardous waste in any fashion.

"Hazardous material" means any substance or hazardous waste as defined in this section, or any material designated pursuant to Section 15.33.020.

"Hazardous material" means any substance or product:

1. For which the manufacturer or producer is required to prepare a SDS for the substance or product pursuant to the Hazardous Substances Information and Training Act (commencing with Section 6360, Chapter 2.5, Part 1 of Division 5 of the California Labor Code) or pursuant to any applicable federal law or regulation; or,

• Listed in Section 25316 of the Health and Safety Code; or,

3. Which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, maintained and updated by the Nuclear Regulatory Commission; or,

4. Which is listed as a legal carcinogen from the California Administrative Code, Title 8, Subchapter 7, Group 16 and those substances specified in the "carcinogen" definition of this section; or,

5. Which the Director of the Department of Food and Agriculture classify as pesticides; or,

6. Which the EPA classifies as priority organic pollutants.

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City of Orange, CA § 15.33.010

ORANGE CODE

§ 15.33.030

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

1. Sections 25115 and 25117 of the California Health and Safety Code and set forth in Sections 66680 and 66684 of Title 22 of the California Administrative Code; or,

• The Code of Federal Regulations, Title 40, Sections 261.31–261.33.

"Health Official" means the Health Officer of the County of Orange or designated representative.

"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.

"Safety data sheet" (SDS), also known as Material Safety Data Sheet (MSDS), means a document prepared pursuant to Section 6390 of the California Labor Code, or pursuant to the regulations of the Occupational Safety and Health Administration (OSHA) of the United States Department of Labor, which generally: (1) lists a hazardous material; (2) describes its physical and chemical properties; and (3) provides preliminary direction in the event of an unauthorized release of the material.

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

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

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

"User" means any person who uses a hazardous substance or handles a hazardous waste. (Ord. 11-16, 2017)

A material may be added to the list of hazardous materials as defined in Section 15.33.010 upon a finding by the Fire Chief that the material, because of its quantity, concentration, or physical or chemical characteristics, poses a 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 California Fire Code published by the California Building Standards Commission Fire Chief to assist him or her in requiring types and amount of hazardous materials to be disclosed.

(Ord. 11-16, 2017)

• A. Any person who uses or handles a hazardous material must annually submit, in CERS, a completed electronic disclosure to the Fire Department by March 1.

• 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 electronic disclosure 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.

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City of Orange, CA

BUILDINGS AND CONSTRUCTION

§ 15.33.030

§ 15.33.050

• C. The Fire Department may specify in writing such other times that the submittal of the electronic disclosure may be necessary.

• D. Any person who fails to file an electronic disclosure within the time limits set forth pursuant to subsections A through C of this section, 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 15.33.070. Said penalty shall be submitted as well as the completed electronic disclosure and shall be in addition to regularly assessed fees if any.

• E. Within 30 days of any:

  1. Significant change in the use or handling of a 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.

  6. Closure of business.

Any person who has filed an electronic disclosure pursuant to subsections A through C of this section shall submit to the Fire Department a new completed electronic disclosure in CERS detailing the new use, handling or other appropriate information required.

• (Ord. 11-16, 2017)

• A. Upon receipt of an electronic disclosure, the Fire Department shall maintain access to all electronic disclosures received. Subject to the provision of Section 15.33.080 relating to trade secrets and sensitive information as protected by the Health and Safety Code, applicable electronic disclosures shall be revised and made available to the public during normal business hours.

• B. The Fire Department shall keep a record of all persons who request access to the hazardous materials electronic disclosures. The record shall include:

  1. The person's name, address and telephone number, as determined by the showing of appropriate identification.

  2. Name and address of the person, business or governmental agency such person represents.

  3. Identification of the specific file(s) examined or requested to be copied.

4. Reason for which the person requests the information.

(Ord. 11-16, 2017)

• A. The electronic disclosure shall include, but not be limited to, the following:

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City of Orange, CA § 15.33.050

ORANGE CODE

§ 15.33.060

1. An Emergency Response Contingency Plan per Health and Safety Code 25507(a).

2. A listing of the chemical name and any common names of every hazardous substance used by the person completing the electronic disclosure.

3. CAS Number as may be required by the Fire Department.

4. SIC Code as may be required by the Fire Department.

5. U.N. identification number as may be required by the Fire Department.

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.

7. Specific information on how and where the hazardous materials disclosed in subsection (A)(2) above 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 are able to assist emergency personnel in the event of an emergency involving the business during nonbusiness hours.

9. The hazard characteristics of every hazardous material disclosed, including, but not limited to, toxicity, flammability, reactivity, and corrosiveness as may be required by the Fire Department.

• B. Upon request, all users must provide information in addition to that required in the electronic disclosure 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.

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

• (Ord. 11-16, 2017)

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

• A. A material designated as a hazardous material by this chapter solely by its presence on the Nuclear Regulatory Commission list of radioactive materials shall be exempt from the requirement that an SDS be submitted with the electronic disclosure.

• B. Hazardous materials, or substances contained in food, drug, cosmetic or tobacco products.

• C. Any person using or handling less than 500 pounds or 55 gallons, or 200 cubic feet at any one time, shall be exempt 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 has been lowered in response to public health concerns or to meet the intent and requirements of the California Fire Code.

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City of Orange, CA

BUILDINGS AND CONSTRUCTION

§ 15.33.060

§ 15.33.080

• D. Hazardous materials contained solely in consumer products packaged for use by and distributed to the general public. However, pesticides, herbicides and ammonium nitrate fertilizers over the required disclosure amounts are not exempted from disclosure.

• E. 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 accordance with the provisions of 49 Code of Federal Regulations, Subchapter C.

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

• (Ord. 11-16, 2017)

The Fire Chief may establish a schedule of fees to be paid by persons using or handling hazardous materials which is sufficient to cover the costs to the City of administering this section. Said resolution shall include a schedule of penalties to be assessed for the late filing of any electronic disclosure.

(Ord. 11-16, 2017)

• A. If a user believes that a request from the public for information on the electronic disclosure or otherwise pursuant to this chapter involves the release of a trade secret, the user shall so notify the Fire Department in writing. 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. 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 above shall not be disclosed to anyone except:

  1. To an officer or employee of the City, 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.

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

• 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

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City of Orange, CA § 15.33.080

ORANGE CODE

§ 15.33.110

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 chapter.

• (Ord. 11-16, 2017)

The Health Official will make information available to Fire Departments and emergency response personnel upon request, of hazardous wastes and extremely hazardous wastes, when the information is currently collected and processed by the Health Official. (Ord. 11-16, 2017)

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 SDS, or other notice as may be deemed necessary.

(Ord. 11-16, 2017)

When required by the Chief, any person submitting an electronic disclosure may be required to install an approved key box for emergency utilization of SDS, floor plans, site plans, and access keys. The location of the required key box shall be approved by the Fire Chief. (Ord. 11-16, 2017)

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City of Orange, CA