HomeMy WebLinkAboutOrdinance #2814 ORDINANCE NO. 2814
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY
ADDING THERETO NEW CHAPTER 17 .58 ENTITLED,
"HAZARDOUS MATERIALS"
The City Council of the City of Huntington Beach does
ordain as follows:
WHEREAS, hazardous materials and wastes which are present
may pose acute and chronic health hazards to individuals who
live and work in this city if exposed to such substances as a
result of fires, spills, industrial accidents or other types of
releases or emissions; and
It is imperative that emergency service personnel be in-
formed of the use and dangers of hazardous materials in the
community in order to plan for and respond to potential emer-
gencies and exposure to such materials; and
Basic information on the location, type and the health
risks involved with hazardous materials used or stored in the
city is not now available to firefighters, health officials,
planners, elected officials and other emergency response per-
sonnel; and
The system of disclosure set out in the Huntington Beach
Municipal Code is necessary to provide the information required
by firefighters, other emergency service personnel, health of-
ficials , planners, and elected officials to protect, without
abridging the statutory privilege of trade secrecy, the health
and welfare of this city; and
It is recognized that the members of the community should
be given basic information on the use and disposal of hazardous
materials, and the addition of Huntington Beach Municipal Code
1.
Chapter 17 .58 establishes an orderly system to provide such
information,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by adding new Chapter 17 .58 entitled, "Hazardous
Materials" to read as follows:
17.58.010 Definitions. For the purpose of this chapter,
the words and terms listed in this section shall have the fol-
lowing definitions unless from the context a different meaning
is clearly indicated:
(a) "Carcinogen" refers to a substance which causes can-
cer . For purposes of this chapter, carcinogens are those sub-
stances 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 name as
assigned by the Chemical Abstracts Services to specific chemi-
cal 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 Services.
(d) "Common name" means a designation of identification
such as a 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 information sub-
mitted to the fire department pursuant to section 17 .58.050 .
( f) "Handle" means to use, generate, process, produce,
package, treat, store, emit, discharge, or dispose of hazardous
material in any fashion.
(g) "Hazardous material" means any substance or product:
(1 ) For which the manufacturer or producer is re-
quired to prepare an MSDS for the substance or product pur-
suant to the Hazardous Substances Information and Training
Act (Chapter 2 .5, Part 1 of Division 5 of the California
Labor Code commencing with section 6360) or pursuant to any
applicable federal law or regulation; or
(2) Listed in California Health and Safety Code sec-
2 .
tion 25316; 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 in Title 8,
Subchapter 7, Group 16 of the California Administrative
Code; or
(5) Which the Director of the Department of Food and
Agriculture classifies as pesticides; or
(6) Which the EPA classifies as priority organic pol-
lutants.
(h) "Hazardous waste" or "extremely hazardous waste" means
any material that is identified in:
(1) California Health and Safety Code sections 25115
and 25117, and Title 22 of the Cali ornia Administrative
Code sections 66680 and 66684; or
(2) The Code of Federal Regulations, Title 40, sec-
tions 261.31--261.33.
( i ) "Health official" means the health officer of the
county of Orange or his deputy.
(j ) "MSDS" means a Material Safety Data Sheet prepared
pursuant to California Labor Code section 6390 or pursuant to
the regulations of the Occupational Safety and Health Admin-
istration of the United States Department of Labor.
(k) "Physician" means any person who holds a valid certif-
icate from the State of California to practice the healing arts .
(m) "SIC code" means the identification number assigned by
the Standard Industrial Classification Code to specific types
of businesses.
(n) "Storage" or "storing" means the containment of sub-
stances or materials in a manner which does not constitute dis-
posal of such substances or materials.
(o) "Use" includes the handling, processing or storage of
a hazardous substance.
(p) "User" means any individual, person, trust, firm,
joint stock company, corporation, partnership, association,
city, county, district and the state, or any department or
3.
agency thereof engaged in any activity involving the use or
handling of a hazardous substance or waste.
17 .58.020 Standards--Administering agency. There is here-
by adopted by reference Chapter 6.95 of Division 20 of the
California Health and Safety Code, commencing with section
25500, establishing minimum statewide standards for business
and area plans relating to the handling and release or threat-
ened release of hazardous materials. The fire department of
the city of Huntington Beach shall be the administering agency
for the provisions of this chapter, and all other applicable
statutes promulgated by the federal government or the state of
California. When deemed necessary by the fire chief, the city
may adopt and enforce more restrictive regulations for the pro-
tection of its inhabitants.
17.58.030 Designation of a hazardous material . Any mate-
rial may be added to the list of hazardous materials, defined
in section 17 .58.010(g) upon a finding by the fire chief that
the material, because of its quantity, concentration, physical
or chemical characteristics, poses a significant present or
potential hazard to human health and safety or to the environ-
ment if released. A material added to the list of hazardous
materials, pursuant to this section, shall be designated as
either a hazardous material or waste. The fire chief may use
Chapter 17.56 of this code to assist him in requiring types and
amounts of hazardous materials to be disclosed.
17.58.040 All users--General information required. Upon
request, all users shall provide the following information:
(a) Any information deemed necessary by the fire depart-
ment for protection of the public health, safety or environ-
ment; and
(b) Any information requested by a physician in order to
treat a patient.
17.58.050 Users of hazardous materials--Disclosure re-
quired. a All users shall submit during the months of
January and July of each year a completed disclosure form to
the Huntington Beach fire department.
(b) Any person who, for the first time during any calendar
year, becomes a user or handler of any hazardous material,
shall submit a completed disclosure form to the fire department
within thirty days of becoming a user or handler. Thereafter,
said user shall comply with the provisions of subsection (a) .
(c) The information required to be disclosed by the fire
department shall include, but not limited to, the following:
4.
(1) A copy of the MSDS for every hazardous material
used;
(2) CAS number;
(3) SIC code;
(4) United Nations identification number;
(5) A list of the chemical names and any common names
of every hazardous material used;
(6) The maximum amount each hazardous material is
handled or used at any one time over the course of the year;
(7) Specific information as to how and where haz-
ardous materials are handled or used in order to allow fire
and safety personnel to prepare adequate emergency response
plans for the potential release of such hazardous materials.
(8) The names and telephone numbers of at least two
(2) persons representing the business and able to assist
emergency personnel in the event of an emergency involving
the business during business and nonbusiness hours;
(9) The characteristics of all hazardous material
disclosed including, but not limited to, the degree such
material may be toxic, flammable, reactive, and corrosive.
17.58.060 Additional times disclosure required. The fire
department, when deemed necessary, may give written notice to
users and handlers of the need for furnishing disclosure infor-
mation within fifteen days of any:
(a) Significant change in the use or handling of a haz-
ardous material; or
(b) New use or handling of a previously undisclosed haz-
ardous material; or
(c) Change of business address; or
(d) Change of business ownership; or
(c) Change of business name; or
(d) Closure of business .
Any user who has previously filed a disclosure form, pur-
suant to section 17 .58.050, shall submit to the fire department
a new disclosure form containing the information required by
5.
this section.
17 .58.070 Exemptions from disclosure. The following mate-
rials, persons or entities shall be exempt from the disclosure
requirements of this chapter:
(a) No MSDS shall be required to be filed with a disclo-
sure form for a material defined as hazardous in this chapter
solely by its presence on the Nuclear Regulatory Commission ' s
list of radioactive materials .
(b) Hazardous materials or substances contained in food,
drug, cosmetic or tobacco products.
(c) Any person using or handling less than five hundred
(500) pounds or fifty-five (55) gallons per year, whichever is
the lesser, of a hazardous material shall not be required to
disclose such use or handling unless the fire chief has given
written notice that the weight or volume limits placed on a
specific hazardous material have been lowered because of public
health concerns, or to meet the intent and requirements of
Chapter 17.56 of this code.
(d) Hazardous materials contained solely in consumer prod-
ucts packaged for use by and distributed to the public unless
the product is repackaged or altered in any way; provided, how-
ever, that the manufacture and distribution of such products is
not exempt, or required to be permitted or reported by provi-
sions of Chapter 17.56 of this code.
(e) Any person, while engaged in the transportation of
hazardous materials, including storage directly incidental
thereto, provided that such materials are accompanied by ship-
ping papers prepared in accordance with the provisions of 49
Code of Federal Regulations, Subchapter c.
(f) No MSDS shall be required for any hazardous material
if such information is not available at the time disclosure is
required, provided, however, that an MSDS shall be submitted to
the fire department within fifteen (15) days after receipt by
the user.
(g) Infectious waste generated by hospitals, medical cen-
ters, clinics and other health care facilities that are regu-
lated under Title 22 of the California Administrative Code.
17 .58.080 Disclosure of information to public. The fire
department shall maintain files of all disclosure forms re-
ceived, and subject to the provision of section 17.58.140 re-
lating to trade secrets, these files shall be open to the pub-
lic during normal business hours.
6.
17 .58.090 Persons requesting access to disclosure forms--
Record required. A record ot all persons who request access to
the hazardous materials disclosure forms shall be kept. Such
record shall include:
(a) Name, address and telephone number of person re-
questing access, based on the showing of appropriate identifi-
cation;
(b) Name and address of the person, business or govern-
mental agency such person represents;
(c) Identification of the specific file(s) examined or
requested to be copied;
(d) Reason why person has requested such information.
17.58.100 Information regarding hazardous waste. Upon
request, the health o icer will make available to the fire
department and emergency response personnel information re-
garding hazardous wastes, extremely hazardous wastes, and
underground tanks, when such information has been obtained.
17.58.110 Identification. When required by the fire
chie , areas containing hazardous materials shall be identi-
fied. Such identification may include signs, color coding,
posting lists of materials and material safety data sheets, or
other notice deemed necessary.
17.58.120 Fees . (a) A fee to defray the administrative
costs of processing disclosure forms with the city shall be set
by resolution of the city council.
(b) Any user who fails to file a disclosure form within
the times specified in section 17.58.050 shall pay a late
filing fee, established by resolution of the city council .
Such late filing fee shall be in addition to other regularly
assessed fees, and shall be submitted with the disclosure form.
17.58.130 Approved key box and location. When required by
the chief, any user submitting a disclosure form may be re-
quired to install an approved key box for emergency utilization
of MSDS, floor plans, site plans and access keys . The location
of such key box shall be approved by the fire chief.
17 .58.140 Trade secrets . A user may designate some or all
of the information on the disclosure form as a trade secret.
As used herein, trade secret shall have the meaning given it by
California Government Code section 6254.7 and California
Evidence Code section 1060. Any information designated as a
trade secret on the disclosure form, or otherwise obtained by
7.
jthe fire department or any of its employees, shall not be dis-
closed to anyone except:
(a) To an officer or employee of the city, the county of
Orange, 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.
(b) To persons under contract with the city and their em-
ployees if, in the opinion of the fire chief, such disclosure
is necessary and required for the satisfactory performance of a
work contract.
(c) To any physician when such information is deemed nec-
essary to treat a patient.
For the purpose of this section, fire and emergency re-
sponse personnel and county health personnel operating within
the jurisdiction of the city shall be considered employees of
the city.
17.58.150 Trade secret information request--User noti-
fied. When the fire -department receives a request for release
ofinformation to the public, and the fire department has been
notified by the user that such information is a trade secret,
the fire department shall give the user written notice by cer-
tified mail of such request. The fire department shall release
the information thirty (30) days after the date of mailing said
notice unless prior to the expiration of the thirty (30) days,
the fire department is informed that the user has instituted an
action in a court of competent jurisdiction for declaratory
relief that said information is subject to protection or has
obtained an injunction to prohibit disclosure of such informa-
tion to the general public.
The provision of this section shall not permit a user -to
refuse to disclose information required to be disclosed under
the provisions of this chapter .
17 .58.160 Penalty. (a) Any officer or employee of the
city, or former officer or employee, who by virtue of such em-
ployment or official position, has obtained possession of or
has access to information, the disclosure of which is prohib-
ited by this chapter, and who, knowing that disclosure of 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, and shall be sub-
ject to the provisions contained in subsection (d) hereof.
(b) For purposes of determining a violation, a contractor
and any employee of such contractor who has been furnished in-
8.
formation pursuant to the provisions of this chapter shall be
deemed an employee of the city, and who knowingly and willfully
discloses such information, shall be guilty of a MISDEMEANOR,
and shall be subject to the provisions contained in subsection
(d) hereof.
(c) Any physician who has been furnished information or
who has obtained information pursuant to section 17.58.150(c)
and who, knowing that the disclosure of the information is pro-
hibited, knowingly and willfully discloses the information,
shall be guilty of a MISDEMEANOR, and shall be subject to the
provisions contained in subsection (d) hereof.
(d) Any person who violates or wilfully fails to comply
with any provision of this chapter is guilty of a MISDEMEANOR,
and upon conviction thereof shall be punished by a fine not to
exceed W0 or by imprisonment in the county jail for a period
of six months, or both such fine and imprisonment, and each
such person shall be guilty of a separate offense for each and
every day or portion thereof during which any violation of any
of the provisions of this chapter is committed, continued, or
permitted.
SECTION 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decisions shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Huntington Beach hereby declares that it
would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, or portions thereof, and amendments
thereto, irrespective of the fact that any one or more sec-
tions, subsections, sentences, clauses, phrases or portions, or
amendments be declared invalid or unconstitutional.
SECTION 3. This ordinance shall take effect thirty days
after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 6th
day of January 1986.
ATTEST:
May
or
City Clerk
9.
REVIEWED AND APPROVED: APPROVED AS TO FORM:
ty Administratory City At Nrney
INITIATED AND APPROVED:
�iE-L Cc-2 E'J
<� Fire Chief
ahb; 12/5/85
1079L/3915
10.
Ord. No. 2814
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA. M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 16th day of December
19 85 , and was again read to said City Council at a regular
meeting thereof held on the 6th day of January 19 86 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, MacAllister, Finley, Bailey
NOES: Councilmen:
None
ABSENT: Councilmen:
Mandic, Green, Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1.A'C'a Jet-VAMWOh CITY CLERK of the City of
ton B"Ch AM ex•officio Clerk of the Cit
y
COMncili. door Rereby,certify that a synopsis of this
ot:6n3rce tras bin published in the Huntington
B"Ch lindc''.eldent on.
_..,_...._.__....._._._. .._.,. ._ 1....'...,�.. ... 1i...,uQ-66
with the City Charter of sa;d City.
AUCIA M. WEN7WORTH C ty..Clark
ty,city Cleric