HomeMy WebLinkAboutOrdinance #3732 ORDINANCE NO. 3732
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 17.58 OF THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO HAZARDOUS MATERIALS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 17.58.010 of the Huntington Beach Municipal Code is hereby
amended 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 following definitions unless from the context a different meaning is
clearly indicated:
(a) "Carcinogen" refers to a substance 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 name as assigned by the Chemical
Abstracts Services 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 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) "Hazardous Materials Disclosure Package (Disclosure Package)"means the written.
information, including forms and diagrams, submitted to the Fire Department
pursuant to HBMC section 17.58.050/UFC Appendix II-E,the California Health and
Safety Code section 25504, and the California Code of Regulations Title 27, section
15100.
(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 required to prepare an MSDS for the
substance or product pursuant to the Hazardous Substances Information and
Training Act(Chapter 2.5, Part 1 of Division 5 of the California Labor Code
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Ord No. 3732
commencing with section 6360) or pursuant to any applicable federal law or
regulation; or
(2) Listed in California Health and Safety Code section 25316; or
(3) Which is listed as a radioactive material set forth in the Code of Federal
Regulations Chapter 1, Title 10, sections 10, 30, or 70, that is 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 Code of Regulations; or
(5) Which the Director of the Department of Food and Agriculture classifies as
pesticides; or
(6) Which the EPA classifies as priority organic pollutants.
(7) As defined and classified in HBMC section 17.56/CFC section 8001.1.2 and
section 8002.3.
(8) Which is listed as an extremely hazardous material in the Code of Federal
Regulations, Title 40, Chapter I, section 355, Appendices A and B.
(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
California Code of Regulations, section 6626 1.10 through 66261.126; or
(2) The Code of Federal Regulations, Title 40, sections 261.20--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 Administration of the United States Department of Labor.
(k) "Physician" means any person who holds a valid certificate from the State of
California to practice the healing arts.
(1) "SIC code" means the identification number assigned by the Standard Industrial
Classification Code to specific types of businesses.
(m)"Storage" or "storing" means the containment of substances or materials in a manner
which does not constitute disposal of such substances or materials.
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(n) "Use" includes the handling, processing or storage of a hazardous material.
(o) "User" means any individual, person, trust, firm,joint stock company, corporation,
partnership, association, city, county,district and the state, or any department or
agency thereof engaged in any activity involving the use or handling of a hazardous
substance or waste. (2814-2/86)
SECTION 2. Section 17.58.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.58.030 Designation of a hazardous material. Any material 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
environment 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 determining the types and amounts of
hazardous materials to be disclosed.
(2814-2/86)
SECTION 3. Section 17.58.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.58.050 Users of hazardous materials--Disclosure required.
(a) Any person who becomes a user or handler of any hazardous material equal to or
exceeding 55 gallons of a liquid, 500 pounds of a solid, 200 cubic feet of a gas (at
standard temperature and pressure, including the compressed or liquefied equivalent),
that is listed as an extremely hazardous material, or is listed as a radioactive material,
shall submit a completed Hazardous Materials Disclosure Package to the Fire
Department within thirty days of becoming a user or handler.
(b) The information required to be disclosed by the Fire Department shall include, but not
be limited to, the following:
(1) A separate page of information (inventory form) for each hazardous material that
includes, but is not limited to, the chemical name, or common name/trade name (if
applicable) and/or the composition by concentration of the material's hazardous
components;
(2) CAS number;
(3) SIC code;
(4) The physical state and type of container used for each hazardous material;
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Ord. No. 3732
(5) The maximum amount each hazardous material handled, stored or used at any one
time over the course of the year, and the average amount of each hazardous
material handled or stored on site at any one time during a year;
(6) Specific information as to how and where hazardous 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.
(7) 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;
(8) The hazard characteristics of all hazardous material disclosed including, but not
limited to, the degree such material may be toxic, flammable, reactive, and
corrosive. (2814-2/86)
(9) A Business Emergency Plan detailing the emergency response plans and
procedures to be implemented in the event of a release or threatened release of a
hazardous material, as listed n California Health and Safety Code section 25504.
SECTION 4. Section 17.58.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.58.060 Additional times disclosure required. Any user who has previously filed a
Hazardous Materials Disclosure Package, pursuant to Section 17.58.050, shall submit to
the Fire Department updated disclosure information within 30 days of becoming aware of
any changes in their operations, including:
(a) Significant change(increase or decrease) in the use or handling of a hazardous
material; or
(b) Addition to inventory of a previously undisclosed hazardous material at or exceeding
the disclosure limits listed in 17.58.050(a); or
(c) Change of business address; or
(d) Change of business ownership; or
(e) Change of business name; or
(f) Closure of business.
Any user who has previously filed a disclosure form, pursuant to section 17.58.050, shall
submit to the Fire Department a new disclosure form containing the information required
by this section. (2814-2/86)
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Ord. No. 3732
SECTION 5. Section 17.58.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.58.070 Exemptions from disclosure. The following materials, persons or entities
shall be exempt from the disclosure requirements of this chapter:
(a) No MSDS shall be required to be filed with a Hazardous Materials Disclosure
Package 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 hazardous material in quantities less than listed in
Section 17.58.050 shall not be required to disclose such use or handling unless the
Fire Chief has given notice that the hazardous characteristics, weight or volume of a
specific hazardous material have been lowered because of public health concerns, or
to meet the intent and requirements of Chapters 17.56 and 17.58 of this code and
California Health and Safety Code sections 25500 through 25520.
(d) Hazardous materials contained solely in consumer products packaged for use by and
distributed to the public unless the product is repackaged or altered in any way;
provided, however,that the manufacture and distribution of such products is not
exempt, or required to be permitted or reported by provisions of Chapter 17.56 of this
code.
(e) Any person, while engaged in the transportation of hazardous materials, including
storage directly incidental thereto for a period equal to or less than 30 days during a
calendar year, provided that such materials are accompanied by shipping 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 centers, clinics and other health care
facilities as defined in California Health and Safety Code section 117690. (2814-2186)
SECTION 6 Section 17.58.080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.58.080 Disclosure of information to public. The Fire Department shall maintain files
of all Hazardous Materials Disclosure Packages received, and these files shall be
available for review to the public during normal business hours subject to the provision of
section 17.58.140 relating to trade secrets and California Health and Safety Code section
25506(a)relating to hazardous materials storage locations. (2814-2/86)
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Ord. No. 3732
SECTION 7. Section 17.58.090 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.58.090 Persons requesting access to disclosure packages--Record required. A record
of 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 requesting access, based on the
showing of appropriate identification;
(b) Name and address of the person, business or governmental 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. (2814-2/86)
SECTION 8. Section 17.58.100 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.58.100 Information regardin2 hazardous waste. Upon request, the Fire Department
will make available to the Health Officer and any other emergency response personnel in
connection with that person's official duties for the protection of public health and safety
or the environment, information regarding hazardous materials, hazardous wastes,
extremely hazardous wastes, above ground storage tanks, and underground storage tanks,
when such information has been obtained by the Fire Department. (2814-2/86)
SECTION 9. Section 17.58.120 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.58.120 Fees.
(a) A fee to defray the administrative costs of the Hazardous Materials Disclosure
Program, including, but not limited to, processing disclosure packages and facility
inspections, shall be assessed on all business captured by the program. The fees shall
be set by resolution of the City Council.
(b) Any user who fails to file a Hazardous Materials Disclosure Package within the times
specified in section 17.58.050 and 17.58.060 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.
SECTION 10. Section 17.58.130 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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Ord. No. 3732
17.58.130 Approved key box and location. When required by the Chief, any user
submitting a Hazardous Materials Disclosure Package may be required to install an
approved key cabinet for emergency utilization of MSDS, floor plans, site plans and
access keys. The location of such key cabinet shall be approved by the Fire Chief.
(2814-2/86)
SECTION 11. Section 17.58.150 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.58.150 Trade secret information request--User notified. When the Fire Department
receives a request for release of information 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 certified mail of such request. The Fire Department shall
release the information, pursuant to the limitations referenced above in Section
17.58.080,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 information 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. (2814-2/86)
SECTION 12. This ordinance shall become effective 30 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 17th day of April , 200___E.
Mayor
ATTEST: APPROVED AS TO FORM:
i
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City 4kdrainistrator Fire Chief
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Ord. No. 3732
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of 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 re ular
meeting thereof held on the 3rd day of April,2006. and was again read to said City
Council at a regular meeting thereof held on the 17th day of April,2006, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on April 27,2006.
In accordance with the City Charter of said City
JoW L. Flynn,City Clerk Clerk and ex-offici Jerk
Deputy city clerk of the City Council of the City
of Huntington Beach, California