Vallejo Municipal Code Ch. 7.66 Hazardous Material 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 in recent months there have been fires in business 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;

G. It is not the intent of this chapter to regulate the handling, storage, use, processing or disposal of hazardous material. This chapter is adopted solely for the purpose of disclosure to the fire chief so that the fire department can have knowledge of the presence of hazardous material within the city.

(Ord. 614 N.C. (2d) § 1 (part), 1981.)

A. "Fire chief" means the fire chief of the city, or his/her duly appointed representative.

B. "Hazardous material" means a substance or combination of substances which, because of its quantity, concentration, or physical, chemical or infectious characteristics may either:

1. Cause, or significantly contribute to, an increase in serious irreversible, or incapacitating reversible, illness;

2. Pose a substantial present or potential hazard to humans or the environment.

The fire chief shall mains and use a list of categories of hazardous substances.

C. "Person" means all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts business, or common law trusts, societies, and individuals transacting and carrying on any business in the city.

(Ord. 614 N.C. (2d) § 1 (part), 1981.)

The fire chief shall cause to be delivered a copy of the ordinance codified in this chapter and a hazardous material disclosure form for completion to any person who, as a result of an inspection by fire personnel or otherwise, may be handling, storing, using, processing or disposing of hazardous material. The form shall be completed and returned by the person to the fire chief within fifteen days. Any person who is required to file such form with the fire chief shall amend the form within ten days of the date of any changes in the hazardous material that it handles, stores, uses, processes or disposes of in the city.

(Ord. 614 N.C. (2d) § 1 (part), 1981.)

Any person violating or causing the violation of any of the provisions of this chapter is guilty of an infraction, as provided for in this code, and may be assessed the cost of the city's responding to emergencies including fire suppression, caused by the presence of hazardous material, as well as the cost of cleaning up and disposing of such hazardous material.

(Ord. 614 N.C. (2d) § 1 (part), 1981.)