Chapter 8.80 — HANDLING AND DISCLOSURE OF HAZARDOUS MATERIALS

The provisions of Health and Safety Code Sections 25500 et seq. and the currently adopted California Fire Code Chapter 1 regarding required operational permit thresholds are hereby made applicable to all businesses which handle hazardous materials within the city. For purposes of this chapter, the term "hazardous materials" shall be defined as set forth in Health and Safety Code Section 25501(j).

(Ord. 6182 § 1 (part), 1986)

(Ord. No. 7400, § 1, 9-19-2022)

Editor's note— Ord. No. 7400, § 2, adopted September 19, 2022, amended the Code by repealing former § 8.80.020 in its entirety. Former § 8.80.020 pertained to the business plan exemption, and derived from Ord. 6182 of 1986.

The fire chief shall forthwith prepare a disclosure form to be approved by resolution of the board, which form shall be completed by businesses subject to this chapter. Subsequent amendments to the disclosure form shall be submitted, in a timely manner, by the fire chief to the board for its approval.

(Ord. 6182 § 1 (part), 1986)

A.

Any business handling a hazardous material as of January 1, 1987 shall submit a completed disclosure form to the fire department on or before January 31, 1987.

B.

Any business handling a hazardous material for the first time during a calendar year shall submit a completed disclosure form to the fire department within 30 days of becoming a handler.

C.

After a business first files a disclosure form, such business shall thereafter file an annual disclosure form during the month of January of each calendar year.

D.

Within 15 days of any of the following, a business which handles hazardous materials shall file a new or amended disclosure form:

A significant change in the handling of a hazardous material;

A handling of a previously undisclosed hazardous material;

A change of business address;

A change of business ownership;

A change of business name;

A closure of the business.

E.

The fire chief is authorized to establish and collect a reasonable late fee from those businesses not timely filing a disclosure form or an amended disclosure form.

(Ord. 6182 § 1 (part), 1986)

The fire department shall maintain files of all disclosure forms. Subject to the limitations contained in Health and Safety Code Section 25511 relating to trade secrets, such files shall be open to the public for review during normal business hours.

(Ord. 6182 § 1 (part), 1986)

The health department shall make information relating to handling hazardous materials available to the fire department when such information is available to the health officer.

(Ord. 6182 § 1 (part), 1986)

When required by the fire chief, a business shall inform all persons entering the premises of such business of those areas on the premises containing hazardous materials. Such information may be transmitted by the posting of signs, color coding, posting of lists of materials, maintaining a material safety data sheet on the business premises, or other notice as may be deemed necessary by the fire chief.

(Ord. 6182 § 1 (part), 1986)

When ordered by the fire chief, any business required to submit a disclosure form may be required to install an approved key box which shall contain floor plans, site plans and access keys, and which shall permit emergency utilization of the material safety data sheet. The location of this key box shall be approved by the fire chief.

(Ord. 6182 § 1 (part), 1986)

The fire chief is authorized and empowered to enforce the provisions of this chapter.

(Ord. 6182 § 1 (part), 1986)

The fire chief or his representative is authorized to conduct a reasonable inspection in accordance with state law in order to ensure compliance by all businesses with the provisions of this chapter.

(Ord. 6182 § 1 (part), 1986)

The fire department is authorized to clean up or abate the effects of any hazardous materials deposited upon public or private property or facilities of the city. Any business or person intentionally or negligently causing such deposit shall be liable for the payment of all costs incurred by the fire department as a result of such cleanup or abatement activity. The imposition of cleanup costs provided by this section shall be in addition to any other penalties provided by law.

(Ord. 6182 § 1 (part), 1986)

A schedule of fees to be paid by businesses handling hazardous materials, which is sufficient to cover the costs of implementing and enforcing this chapter, shall be submitted to the board for adoption by resolution. Such schedule of fees may be amended as necessary by the board.

(Ord. 6182 § 1 (part), 1986)

Any person or business who violates Section 25507 of the Health and Safety Code incorporated herein shall, upon conviction, be punished by a fine of not more than $25,000.00 for each day of violation, or by imprisonment in the county jail for not more than 1 year, or by both the fine and imprisonment. If the conviction is for a violation committed after a first conviction under this section, the person shall be punished by a fine of not less than $2,000.00 or more than $50,000.00 per day of violation, or by imprisonment in the state prison for 16, 20 or 24 months, or in the county jail for not more than 1 year, or by both the fine and imprisonment. Furthermore, if the violation results in, or significantly contributes to, an emergency, including a fire, to which the county or city is required to respond, the person shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.

(Ord. 6360 § 1, 1989)