Rocklin Municipal Code Ch. 8.18 Hazardous Materials Disclosure

The city council finds and declares:

A. That a number of businesses in the city 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 may be endangered by the handling, storage, use, processing, and disposal of such hazardous material;

C. That there have been incidents in which the fire department responded to businesses in which hazardous material was handled, stored, used, or processed, but the firefighters who responded to the fire had no knowledge of the presence of such hazardous material, which could have endangered their lives and endangered the community in general;

D. That it is necessary for the protection of the citizens of the city that all businesses disclose the presence of such hazardous material to the fire chief;

E. 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;

F. That this disclosure is also necessary so that the city may quickly respond to any fire or other emergency created by the handling, storage, use, processing, and disposal of hazardous material, so that the source of such hazardous material may be quickly identified in the event of such an emergency, and so that the city may study and reevaluate its current zoning laws to determine the appropriate location of businesses using such hazardous material.

(Ord. 491 § 1 (part), 1983).

(Ord. No. 1100, § 3, 8-14-2018)

This chapter may be cited as the "Rocklin Hazardous Materials Ordinance."

(Ord. 491 § 1 (part), 1983).

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

A. "Carcinogen" refers to a substance or agency which causes cancer. For purposes of this chapter, carcinogens are those substances specified on the list developed by the United States Department of Health and Human Services in its second annual report on Carcinogens.

B. "CAS number" means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.

C. "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.

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

E. "Disclosure form" means the written request for information prepared pursuant to Section 8.18.070.

F. "EPA Waste Stream Code" means the identification number assigned pursuant to the regulations of the U.S. Environmental Protection Agency to specific types of hazardous waste.

G. "Hazardous substance" means any substance or product:

1. 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 Section 6360, Chapter 2.5, Part 1 of Division 5 of the California Labor Code) or pursuant to any applicable federal law or regulation;

2. Which is listed as radioactive material set forth in Title 10, Code of Federal Regulations, Part 20.3, Items 12 and 13, maintained and updated by the Nuclear Regulatory Commission.

H. "Hazardous waste" means hazardous or extremely hazardous waste as defined by Sections 25115 and 25117 of the California Health and Safety Code, and set forth in Sections 66680 and 66685 of Title 22 of the California Administrative Code.

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

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

K. "Person" means an individual, trust, firm, joint stock company, corporation, partnership, association, city, county, district, and the state, or any department or agency thereof.

L. "Physician" means any person who holds a valid certificate from the state to practice the healing arts.

M. "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment.

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

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

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

(Ord. 491 § 1 (part), 1983).

A. A material may be added to the list of hazardous materials set forth in Section 8.18.030 upon a finding by the fire chief that it satisfies the following criteria: 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.

B. A material added to the list of hazardous materials pursuant to subdivision A shall be designated as either a hazardous substance or hazardous waste by the fire chief.

(Ord. 491 § 1 (part), 1983).

A. Any person who uses or handles a hazardous material must annually submit a completed disclosure form to the fire chief at the time of application for or renewal of a city business license.

B. Within fifteen days of any:

1. New use or 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; or

5. Change of business name; The user shall submit a disclosure form detailing the new use or handling or other appropriate information.

(Ord. 491 § 1 (part), 1983).

A. The fire department shall maintain files of all disclosure forms received. Subject to the provision of Section 8.18.110 relating to trade secrets, these files shall be open to the public during normal business hours. The disclosure forms shall be filed by street address and parcel number and cross-referenced by the SIC numbers and the CAS numbers or EPA waste stream codes listed on the disclosure form.

B. The fire department shall keep a record of all persons who request access to the hazardous materials disclosure forms. The record shall include:

1. The person's name, address, and telephone number;

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

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

(Ord. 491 § 1 (part), 1983).

A. The disclosure form shall be prepared by the fire department with the assistance of the county health officer, the planning department, and other interested parties. The disclosure form shall include, but not be limited to, requests for the following:

1. A copy of the MSDS for every hazardous substance used by the person completing the disclosure form, provided however, that the fire department has on file a copy of the MSDS;

2. A listing of the chemical name, any common names, and the CAS number of every hazardous substance used by the person completing the disclosure form;

3. The EPA waste stream code of every hazardous waste handled by the person completing the disclosure form;

4. The maximum amount of each hazardous material disclosed in either subdivision 2 or 3 of this subsection which is handled or used at any one time by the user over the course of the year;

5. Sufficient information on how and where the hazardous materials disclosed in subdivision 2 or 3 of this subsection are handled or used by the user to allow fire and safety personnel to prepare adequate emergency responses to potential releases of the hazardous materials;

6. Sufficient information on any releases of the hazardous materials disclosed in subsections 2 and 3 into the air, water, sewers, or land to permit the city to understand the sources and content of hazardous material releases;

7. The SIC code of the business, if applicable;

8. The name and phone number of the person representing the business and able to assist emergency personnel in the event of an emergency involving the business during nonbusiness hours.

B. Upon request all users must provide information in addition to that required in the disclosure form filed pursuant to subsection A of this section 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;

Any additional information furnished under this subsection shall be subject to the trade secret provisions of Section 8.18.110.

(Ord. 491 § 1 (part), 1983).

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

A. Hazardous substances contained in food, drug, cosmetic, or tobacco products;

B. Hazardous substances contained solely in consumer products packaged for use by and distributed to the general public;

C. Any person, while engaged in the transportation of hazardous materials, including storage directly incident thereto, provided that such storage takes place outside the corporate boundaries of the city or such storage place was already disclosed pursuant to the requirement of this chapter, and provided that such materials are accompanied by shipping papers prepared in accordance with the provisions of 49 Code of Federal Regulations, subchapter c;

D. No MSDS shall be required for any hazardous substance for which an MSDS is not available at the time disclosure is required under Section 8.18.050, provided, however, that such MSDS shall be submitted to the fire department within fifteen days after receipt by the user of the MSDS. Nothing in this subsection shall be deemed to exempt from disclosure the remaining information contained in Section 8.18.070.

(Ord. 491 § 1 (part), 1983).

The city council 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 chapter.

(Ord. 491 § 1 (part), 1983).

It is unlawful for any person to knowingly violate any provision of this chapter. In addition, any such violation shall be deemed a public nuisance, and the city attorney is authorized to institute and maintain an action to enjoin such violation.

(Ord. 491 § 1 (part), 1983).

A. If a user believes that a request for information made by either the disclosure form 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 in this section, 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 information reported to or otherwise obtained by the fire department, or any of its representatives or employees, which is exempt from disclosure pursuant to subsection A of this section shall not be disclosed to anyone except:

1. To an officer or employee of the city of Rocklin, 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.

D. For the purposes 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 wilfully 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 B of this section and who, knowing that the disclosure of the information is prohibited, knowingly and wilfully 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 official or in accordance with the laws of the United States.

G. The provisions of this section shall not permit a user to refuse to disclose information required pursuant to this chapter to the fire department.

(Ord. 491 § 1 (part), 1983).