South Pasadena Municipal Code Art. VI Hazardous Materials, South Pasadena Certified Unified Program Agency

The city does adopt by reference all applicable state statutes for implementation of Chapter 6.11 of Division 20 of the California Health and Safety Code (Section 25404 et seq.), with respect to formation and implementation of a certified uniform program agency (hereinafter C.U.P.A.). (Ord. No. 2041 § 2; Ord. No. 2204, § 3, 2010.)

(a) “City officials” shall mean the city manager or authorized representative.

• (b) “Disclosure form” shall mean the form utilized by the city official.

• (c) “Disclosure information” shall mean information disclosed in the disclosure form and attachments.

(d) “Disposal” shall mean the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land, air or water so that such hazardous waste or any constituent thereof may enter the environment.

(e) “Emergency response agencies” shall mean those public agencies, private or commercial under contract to public agencies or persons under the direction of public agencies with a direct responsibility for the abatement of conditions or situations presenting a clear and present danger to the public health, safety and welfare.

(f) “Emergency contact” shall mean the person designated on a disclosure form to be contacted in an emergency at the site where hazardous materials are used, stored, handled or disposed of. The emergency contact shall be a person knowledgeable about the hazardous materials used, stored, handled or disposed of at the site.

(g) “Fire chief” shall mean the fire chief of the city or authorized representative.

(h) “Hazardous materials list” shall mean the list of hazardous materials maintained by the hazardous materials administrator and includes all materials that are required to be disclosed under this division.

(i) “Hazardous mixture” shall mean a mixture containing more than one percent of one or more materials listed on the hazardous materials list, if the quantity of such mixture used, stored, handled or disposed of on a given site brings the total quantity of any of the hazardous materials present to more than the lower reporting limit for that material as designated in Section 17.61(a).

(j) “Location” shall mean the specific area within a business site where hazardous materials are used, stored, handled or disposed of.

(k) “Material safety data sheet” shall mean material safety data sheet prepared pursuant to Section 6390 of the Labor Code or pursuant to the regulations of the Occupational Safety and Health Administration of the U.S. Department of Labor.

(l) “Person” shall mean an individual, business, trust, firm, joint stock company, corporation, partnership, association, city, county or district.

(m) “Site” shall mean the physical premises of a business establishment. For each site using, storing, handling or disposing of hazardous materials, a separate disclosure form shall be filed.

(n) “Trade secrets and proprietary information” shall have the meaning given to it by Section 6254.7 of the Government Code and Section 1060 of the Evidence Code. (Ord. No. 1899, § 1.)

For the materials on this portion of the hazardous materials list, disclosure information is required no matter how small the quantity used, stored, handled or disposed of within the city.

(a) “Hazardous material” shall mean any substance or product found on the California Occupational Safety and Health Administration list or which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, maintained by the Nuclear Regulatory Commission.

(b) “Hazardous waste” shall mean hazardous or extremely hazardous waste as defined by Sections 25115 and 25117 of the California Health and Safety Code and as set forth in Sections 66680 and 66685 of Title 22 of the California Administrative Code.

(c) When a new material is added to the hazardous materials list, the fire chief shall require the filing of amended disclosure forms by the person(s) handling the material added to the list within thirty days of notification by direct mail to the fire chief. (Ord. No. 1899, § 2.)

(a) Any person who is using, storing, or disposing of hazardous mixtures or materials on the materials list and is not otherwise exempted in Section 17.64 shall submit to the fire chief a completed disclosure form along with the fee as established by resolution within sixty days of receipt of the disclosure form.

(b) Any person(s) required to submit a disclosure form shall submit to the fire chief an amended disclosure form indicating changes in hazardous materials usage. Such changes shall include, but not be limited to:

(1) The use, storage or disposal of a hazardous mixture or material which has been added to the hazardous materials list;

(2) Commencing the use, storage or disposal of a hazardous mixture or material that is listed in the hazardous materials list maintained and not exempted in section 17.64 and not reported on the previous disclosure form;

(3) One hundred percent increase in the use of any one particular hazardous material previously disclosed;

(4) A change in business address, business name, business ownership, emergency contact person or the nature of the business.

No fee shall be required to be submitted with these amendments. If there have been no changes from the previous filing, no amendments will be required upon the filing of an affidavit so stating.

(c) Thereafter, a completed disclosure form shall be submitted to the fire chief upon renewal of the business license along with the required fees.

(d) The disclosure form and any updates or amendments shall be approved by an officer or duly authorized representative of each business under the penalty of perjury.

(e) Any person who is required to file a hazardous material disclosure form shall appoint an emergency contact plus two alternates who can be contacted in an emergency, and shall provide twenty-four-hour telephone numbers for each emergency contact named. The person shall petition the fire chief for an exemption from this requirement if more than one emergency contact cannot be designated because of company size constraints.

(f) The fire chief shall maintain a file of all disclosure forms received. The disclosure information shall be confidential if it involves trade secrets and available only to emergency response personnel and city officials in accordance with procedures set forth in Section 17.65.

(g) Any person who holds a current specific license from the state or federal government for the using, storing, or disposing of radioactive materials shall make that fact known to the fire chief. Upon request, that person shall disclose to the fire chief the identity, quantity and location of all radioactive materials covered under that license. (Ord. No. 1899, § 3.)

17.63 Disclosure form.

(a) The disclosure form shall be developed by the fire chief and shall be subject to revision semiannually, or more frequently if necessary in the judgment of the fire chief.

• (b) The disclosure form shall include, but shall not be limited to the following:

• (1) The identity of each and every hazardous material used, stored, handled or disposed of on the business site;

• (2) The location of the use, storage, handling or disposal of each and every hazardous material on the business site;

(3) The maximum quantity of each and every hazardous material used, stored, handled or disposed of on the business site at any given time. Such quantities shall be reported in gallons of a liquid or pounds of a solid or gas;

(4) Sufficient information on how and where the hazardous materials disclosed 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;

(5) Sufficient information on any releases of the hazardous materials into the air, water, sewers, or land to permit the city to understand the sources and content of hazardous material releases;

• (6) A material safety data sheet for the listed substance.

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

(1) To the fire department any information determined by the fire department to be necessary to protect the pu-blic 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. (Ord. No. 1899, § 4.)

The following materials, persons or entities shall be exempt from disclosure 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 only from the requirement that 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 be submitted with the disclosure form;

• (b) Hazardous substances contained in food, drug, cosmetic or tobacco products;

• (c) Hazardous substances contained solely in consumer products packaged for use by and distributed to the general public;

(d) Any person, while engaged in the transportation of hazardous materials, including storage directly incidental thereto, provided that such materials are accompanied by shipping papers prepared in accordance with the provisions of 49 Code of Federal Regulations, subchapter c;

(e) No MSDS shall be required for any hazardous substance for which an MSDS is not available at the time disclosure is required; provided, however, that such MSDS shall be submitted to the fire chief 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;

(f) All businesses exempted under this section or requesting an exemption shall be subject to inspection by the fire chief or his representatives in accordance with the California Code of Civil Procedures, Section 1822.50, et seq. (Ord. No. 1899, § 5.)

(a) If a user believes that a request for information made either by the disclosure form or otherwise pursuant to this chapter involves the release of a trade secret, the user shall so notify the fire chief in writing. As used in this chapter, 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 chief 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 chief, or any of its representatives or employees, which is exempt from disclosure pursuant to subsection (b) of this section 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; 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 the 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 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) Upon receipt of a request for the release of information to the public which includes information which the user has notified the fire chief is a trade secret pursuant to subdivision (a) of this section, the fire chief shall notify the user in writing of the request by certified mail. The fire chief shall release the information thirty days after the day of mailing the notice, unless prior to the expiration of the thirty days, the user institutes an action in an appropriate court for a declaratory judgment that the information is subject to protection under subdivision (b) of this section and/or an injunction prohibiting disclosure of the information to the general public.

(h) The provisions of this section shall not permit a user to refuse to disclose information required pursuant to this chapter to the fire chief. (Ord. No. 1899, § 6.)

(a) The fire chief is authorized and empowered to enforce the provisions of this division. The enforcement may include the inspection of hazardous materials in use, storage, or disposal; review of hazardous materials records; the sampling and testing of hazardous materials; and other activities directly related to the enforcement of this division. No person shall obstruct or interfere with the fire chief or his authorized representative in the performance of these duties pursuant to the provisions of the California Code of Civil Procedure, Section 1822.50 et seq.

(b) To minimize the expenses and manpower requirements needed to support enforcement efforts, the fire chief shall utilize the resources of existing enforcement agencies such as inspectors from the fire department or the city’s inspection division when possible.

(c) Any person who knowingly violates any provision of Sections 17.60—17.67 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each day on which a violation occurs shall be considered a separate violation. This shall be in addition to the provisions of Section 17.70. (Ord. No. 1899, § 7.)

(a) The city council shall establish by resolution a schedule of fees to be paid by persons using, storing or disposing of hazardous materials which is sufficient to cover the costs to the city of administering this division. The cost of implementing activities related to this division by other emergency response agencies shall be borne by those agencies.

(b) If a disclosure form or the assessed fee is not filed by the date specified by the fire chief and annually thereafter, a late charge of twenty-five percent of the assessed fee will be added for the first thirty days. Following notification of the recalcitrant person by certified mail, each subsequent thirty-day delay will be assessed an additional late charge of twenty-five percent of the fee.

(c) Any person required by this chapter to have a permit shall pay the established permit fee as it relates to the implementation of any and all C.U.P.A. elements. C.U.P.A. elements shall include but not be limited to those programs identified in Chapter 6.11, Division 20 of the California Health and Safety Code. The state-mandated surcharge and county fees shall be included in the permit fee. The permittee shall pay the amount as designated in the fee resolution, as may be amended by city council from time to time. In addition to the remedies set forth in the Health and Safety Code, further remedies, fees or restitution authorized by this code, not inconsistent with the state law, shall apply to any code violations. (Ord. No. 1899, § 8; Ord. No. 2041 § 3.)

(a) The fire department is authorized to clean up or abate the effects of any hazardous material deposited upon or onto public or private property or facilities of the city, and any person or persons who intentionally or negligently caused such deposit shall be liable for the payment of all costs incurred by the fire department as a result of such clean up or abatement activity. The remedy provided by this section shall be in addition to any other remedies provided by law.

(b) For purposes of this section “hazardous materials” shall be defined as any substance or materials in a quantity or form which, in the determination of the fire chief or his authorized representative, poses an unreasonable and imminent risk to the life, health or safety of persons or property, or to the ecological balance of the environment, and shall include but not be limited to such substances as explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiologic (biologic) agents, flammables and corrosives.

(c) For the purposes of this section, “costs incurred by the fire department” shall include, but not be limited to the following: actual labor costs of city personnel, including all benefits, administrative overhead, cost of equipment operation, cost of materials obtained directly by the city, and cost of any contract, labor and materials. Costs shall include charges for mutual aid teams from other cities and emergency response teams required for present and future cleanup.

(d) The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the fire department. (Ord. No. 1900, § 1.)