HomeMy WebLinkAboutOrdinance No. 3732 Amending Chapter 17.58 of the Huntinton B V
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Council/Agency Meeting Held: �7�,bA
Deferred/Continued to: ,i,�l , "J
Ap roved ❑ Conditionally Approved ❑ Denied Yes S ature
Council Meeting Date: 4/3/2006 Department ID Number: FD06-004
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY C�COUNCIL MEMBERS
SUBMITTED BY: PEN"EC ET�RAFGTMITY ADMINISTRATOR
PREPARED BY: DUANE OLSON, FIRE CHI
SUBJECT: ORDINANCE NO. 3 3d� AMENDING CHAPTER 17.58 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO
HAZARDOUS MATERIALS
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: It is proposed that the City of Huntington Beach amend Chapter 17.58
of the Municipal Code relating to hazardous materials disclosure by local businesses.
Funding Source: None required.
Recommended Action: MOTION TO:
Adopt Ordinance No. ,31,3A, an ordinance of the City of Huntington Beach amending
Chapter 17.58 of the Municipal Code relating to hazardous materials.
Alternative Action(s): Do not adopt the proposed ordinance updating the hazardous
materials section of the Municipal Code and direct staff accordingly.
MEETING DATE: 4/3/2006 DEPARTMENT ID NUMBER:FD06-004
Analysis: A review of the City of Huntington Beach ordinance related to the hazardous
materials disclosure program was recently conducted. It identified the updates required to
bring the ordinance into compliance with the State Health and Safety Code and the City of
Huntington Beach Fire Code. In addition, the updates will make the City ordinance
consistent with codes used by surrounding jurisdictions.
Specific standards that are addressed in the ordinance updates include requirements for
quantities and types of hazardous materials that must be disclosed to the fire department,
reporting standards, and update requirements. These updates allow the Fire Department to
improve emergency response capabilities for businesses which handle, use or store
hazardous materials.
The City Council is requested to adopt the attached ordinance in order to insure that the City
of Huntington Beach is in compliance with current code requirements.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
Page Number No. Description
1. Ordinance No.%3?3,;� Amending Chapter 17.58 of the Huntington
Beach Municipal Code Relating to Hazardous Materials
-2. 3/16/2006 9:20 AM
ATTACHM ENT # 1,
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
06ord/chap 17.58 1
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 66261.10 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.
06ord/cnap 17.58 2
Ord. No. 3732
(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;
06ord/chap 17.58 3
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)
06ord/chap 17.58 4
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. (2814-2/86)
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)
06ord/chap 17.58 5
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 reizarding 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. (2814-2186)
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:
06ord/chap 17.58 6
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 disclo§ed 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 17 th day of April , 200_i-
Mayor
ATTEST: APPROVED AS TO FORM:
1
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Ndministrator Fire Chief
06ord/chap 17.58 7
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 regular
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 QM-'M)
Joan L. Flynn, City Clerk Clerk and ex-offici Jerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO.
LEGISLATIVE DRAFT
Chapter 17.58
HAZARDOUS MATERIALS
(2814-2/86)
Sections:
17.58.010 Definitions
17.58.020 Standards--Administering agency
17.58.030 Designation of a hazardous material
17.58.040 All users--General information required
17.58.050 Users of hazardous materials--Disclosure required
17.58.060 Additional times disclosure required
17.58.070 Exemptions from disclosure
17.58.080 Disclosure of information to public
17.58.090 Persons requesting access to disclosure-€ems packages--Records required
17.58.100 Information regarding hazardous waste
17.5 8.110 Identification
17.58.120 Fees
17.58.130 Approved by key box and location
17.58.140 Trade secrets
17.58.150 Trade secret information request--User notified
17.58.160 Penalty
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) "Dise1 sufe fef " "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
legisdrft/m0758 Id 1
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 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 Appeni 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 ' "
^dmii istf tiye Cede 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
G li f,•. i A dffi nisi,a fil e Code se hens 66680 and 66684 California Code of
Regulations, section 66261.10 through 66261.126; or
(2) The Code of Federal Regulations, Title 40, sections 1 261.20--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.
(m 1) "SIC code" means the identification number assigned by the Standard Industrial
Classification Code to specific types of businesses.
(n m) "Storage" or "storing" means the containment of substances or materials in a manner
which does not constitute disposal of such substances or materials.
(e n) "Use" includes the handling,processing or storage of a hazardous use material.
(p 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)
17.58.020 Standards—Administering agency. There is hereby adopted by reference Chapter 6.95
of Division 20 of the California Health and Safety, commencing with section 25500,
establishing minimum statewide standards for business and area plans relating to the handling
and release or threatened 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
legisdrft/mc1758 Id 2
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 protection of its inhabitants. (2814-2/86)
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 fequir-in determining the types and amounts of hazardous materials to
be disclosed.
(2814-2/86)
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 Department for protection of the public
health, safety or environment; and
(b) Any information requested by a physician in order to treat a patient. (2814-2/86)
17.58.050 Users of hazardous materials--Disclosure required.
l.L1JV1V JlA1V 1V1111 to the
(b)(a) Any person who,6f the fif^+time dtifing any alen ^r year-, becomes a user or handler of
an hazardous material equal to or exceeding 55 gallons of a liquid, 500 pounds
o 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 diselesufe . Hazardous Materials Disclosure Package to
the Fire Department within thirty days of becoming a user or handler. The feafte said Usef
Jllull a..vi
(O(b) The information required to be disclosed by the Fire Department shall include, but not be
limited to, the following:
(1) A .p�,,.'+t10 ,.,N4SDS for- eve--,,, ^, sous ate fia4 „�o t A separate page of
VV Vl 111V 1Y1
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) United Nations idew;r;^^+io number-The physical state and type of container
used for each hazardous material;
(5) A list of the ehefnieal names a-ad any eemmen names ef every hazaMetts fnatefial ttsed;
(6)(5) The maximum amount each hazardous material i-s 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;
legisdrft/mc1758 Id 3
(7)(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.
17.58.060 Additional times disclosure required. The Fire Depaftm^„' when deemed„^
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) New use ^r 1-,,,n,a,;fl^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)
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 dDisclosure€e}m
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
r:s the lessef, of hazardous material in quantities less than listed
in ection 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
limits plaee ^„ of a specific hazardous material have been lowered because of public health
legisdrft/mc1758 Id 4
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 that e o „� ,+oa , rdef Tifle 22 , f the C li f A a g t G a . as
defined in California Health and Safety Code section 117690. (2814-2/86)
17.58.080 Disclosure of information to public. The Fire Department shall maintain files of all
Hazardous Materials dDisclosure fermis 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, these files
a b.business ou and California Health and Safety Code section
25506(a) relating to hazardous materials storage locations. (2814-2/86)
17.5.8.090 Persons requesting access to disclosure forms 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)
17.58.100 Information re ag rding hazardous waste. Upon request, the Health Offieer 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)
17.58.110 Identification. When required by the Fire Chief, areas containing hazardous materials
shall be identified. Such identification may include signs, color coding, posting lists of materials
and material safety data sheets, or other notice deemed necessary. (2814-2186)
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 ferffls packages
legisdrft/mc17581d 5
and facility inspections, shall be assessed on all business captured by the
program. The fees with the cry shall be set by resolution of the City Council.
(b) Any user who fails to file a Hazardous Materials dDisclosure€ems 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; and shall be sttbmit4ed with the diseles f
17.58.130 Approved key box and location. When required by the Chief, any user submitting a
Hazardous Materials dDisclosure fefm Package may be required to install an approved
key bex cabinet for emergency utilization of MSDS, floor plans, site plans and access keys.
The location of such key box cabinet shall be approved by the Fire Chief. (2814-2186)
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 the Fire Department
or any of its employees, shall not be disclosed 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 employees 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 necessary to treat a patient.
For the purpose 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.
(2814-2/86)
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)
17.58.160 Penalty.
(a) 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 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
subject 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 information pursuant to the provisions of this chapter shall be
deemed an employee of the city, and who knowingly and willfully discloses such
legisdrft/mc1758 Id 6
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 prohibited,
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 $500 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. (2814-2/86)
legisdrft/mc1758 Id 7
RCA ROUTING SHEET
INITIATING DEPARTMENT: Fire Department
SUBJECT: ORDINANCE NO. AMENDING CHAPTER 17.58
OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO HAZARDOUS MATERIALS
COUNCIL MEETING DATE: April 3, 2006
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Ap licable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable ❑
Attached ❑
Contract/Agreement (w/exhibits if applicable) Not Applicable ❑
(Signed in full by the City Attorney)
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable ❑
Approved as to form by City Attorney)
Certificates of Insurance A b the CityAttorne Attached El( pproved y y� Not Applicable ❑
Attached ❑
Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable ❑
Attached ❑
Bonds (If applicable) Not Applicable ❑
Attached ❑
Staff Report (If applicable) Not Applicable ❑
Commission, Board or Committee Report applicable)If a Attached ❑
p ( pp ) Not Applicable ❑
s/Conditions for Approval and/or Denial Attached ElFindin
g pp Not Applicable ❑
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FOR RDE
Administrative Staff
Assistant City Administrator Initial) V6
City Administrator (Initial) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: Olson/Engberg/Smyth/Justen