Chapter 9.34
HAZARDOUS MATERIALS DISCLOSURE
Sections:
9.34.010 Findings and purpose.
9.34.030 Designation of a hazardous material.
9.34.040 Filing of a hazardous material disclosure form.
9.34.050 Administrative procedure—Disclosure of information.
9.34.060 Content of the disclosure form.
9.34.070 Exemptions from disclosure.
9.34.010 Findings and purpose.
The city council finds and declares:
1. Hazardous substances and hazardous wastes present in the community may pose acute and chronic health hazards to individuals who live and work in this city, and who are exposed to such substances as a result of fires, spills, industrial accidents, or other types of releases or emissions.
2. The people who live and work in this city have a right and need to know of the use and potential hazards of hazardous materials in the community in order to plan for and respond to potential exposure to such materials.
3. Basic information on the location, type, and the health risks of hazardous materials used, stored, or disposed of in the city is not now available to firefighters, health officials, planners, elected officials and residents.
4. It is the intent of the city council that this chapter recognize the community’s right and need for basic information on the use and disposal of hazardous materials in the city and that it establish an orderly system for the provision of such information.
5. It is further the intent of the city council that the system of disclosure set forth in this chapter shall provide the information essential to firefighters, health officials, planners, elected officials and residents in meeting their responsibilities for the health and welfare of the community in such a way that the statutory privilege of trade secrecy is not abridged. (Ord. 479 § 1 (part), 1983)
9.34.020 Definitions.
For the purpose of this chapter, the terms listed in this section shall be defined as follows:
1. “CAS number” means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.
2. “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 Service.
3. “Common name” means any designation or identification such as code name, code number, trade name, or brand name used to identify a substance other than by its chemical name.
4. “Disclosure form” means the written request for information prepared pursuant to Section 9.34.060.
5. “EPA waste stream code” means the identification number assigned pursuant to the regulations of the U.S. Environmental Protection Agency to specific types of hazardous waste.
6. “Finance department” means the director of finance of the city.
7. “Fire department” means the Folsom city fire department and where in this chapter any authority or discretion is granted to the fire department such authority or discretion shall be exercised by the fire chief or his designated representative.
8. “Hazardous material” means any hazardous substance or hazardous waste as defined in subdivisions 9 or 10 in this section, or any material designated pursuant to Section 9.34.030.
9. “Hazardous substance” means any substance or product:
a. For which the manufacturer or producer is required to prepare a MSDS for the substance or product pursuant to the Hazardous Substances Information and Training Act (commencing with Section 6360, Chapter 2.5, Part 1 of Division 5 of the California Labor Code) or pursuant to any applicable federal law or regulation;
b. Which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, maintained and updated by the Nuclear Regulatory Commission.
10. “Hazardous waste” means hazardous or extremely hazardous waste as defined by Sections 25115 and 25117 of the California Health and Safety Code and set forth in Sections 66680 and 66685 of Title 22 of the California Administrative Code.
11. “Handle” means to generate, treat, store or dispose of a hazardous waste in any fashion.
12. “MSDS” means 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.
13. “Person” means an individual, trust, firm, joint stock company, corporation, partnership, association, city, county, district and the state, or any department or agency thereof.
14. “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment.
15. “SIC code” means the identification number assigned by the Standard Industrial Classification code to specific types of businesses.
16. “Use” includes the handling, processing or storage of a hazardous substance.
17. “User” means any person who uses a hazardous substance or handles a hazardous waste.
18. “Physician” means any person who holds a valid certificate from the state of California to practice the healing arts.
19. “Carcinogen” refers to a substance or agency 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 on its Second Annual Report on Carcinogens. (Ord. 479 § 1 (part), 1983)
9.34.030 Designation of a hazardous material.
A. A material may be added to the list of hazardous materials set forth in Section 9.34.020 upon finding by the fire department that it satisfies the following criterion: the material, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety to the environment if released into the community.
B. A material added to the list of hazardous materials pursuant to subsection A of this section shall be designated as either a hazardous substance or hazardous waste by the fire department. (Ord. 479 § 1 (part), 1983)
9.34.040 Filing of a hazardous material disclosure form.
A. Any person who uses or handles a hazardous material must annually submit a completed disclosure form to the finance department with the annual renewal of the business license. The fire department may specify in writing such other time for the submittal of the form as it deems appropriate in individual cases.
B. A person not required to obtain a business license who uses or handles a hazardous substance within the city shall submit a completed disclosure form to the fire department by September first of each year.
C. In addition to the annual report as required by subsections A or B of this section, any person who uses or handles hazardous materials shall submit a completed disclosure form within fifteen days of any:
1. New use or significant change in the use or handling of a hazardous material;
2. New use or handling of a previously undisclosed hazardous material;
3. Change of business address;
4. Change of business ownership; or
5. Change of business name.
The user shall submit a disclosure form detailing the new use or handling or other appropriate information. (Ord. 479 § 1 (part), 1983)
9.34.050 Administrative procedure—Disclosure of information.
A. Upon receipt of a disclosure form, the finance department shall verify that the name and address on the form are correct and shall forward the disclosure form to the fire department for review and final approval.
B. The fire department shall maintain files of all disclosure forms received. Subject to the provisions of Section 9.34.100 relating to trade secrets, these files shall be open to the public during normal business hours. The disclosure forms shall be filed by street address and parcel number and cross-referenced by the SIC number(s) and the CAS number(s) or EPA waste stream codes listed on the disclosure form.
C. The fire department shall keep a record of all persons who request access to the hazardous materials disclosure forms. The record shall include:
1. The person’s name, address and telephone number;
2. Name and address of the person, business or governmental agency such person represents; and
3. Identity of the specific file(s) examined or requested, or requested to be copied. (Ord. 479 § 1 (part), 1983)
9.34.060 Content of the disclosure form.
A. The disclosure form shall be prepared by the fire department after consulting with interested parties. The disclosure form shall include, but not be limited to, the following information:
1. A copy of the MSDS for every hazardous substance used by the person completing the disclosure form; provided, however, that no such copy need be provided for any hazardous substance for which the fire department has on file a copy of the MSDS;
2. A listing of the chemical name, any common names, and the CAS number of every hazardous substance used by the person completing the disclosure form;
3. The EPA waste stream code of every hazardous waste handled by the person completing the disclosure form;
4. The maximum amount of each hazardous material disclosed in either subdivision 2 or 3 of this subsection which is handled or used at any one time by the user over the course of the year;
5. Sufficient information on how and where the hazardous materials disclosed in subdivisions 2 and 3 of this subsection 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;
6. Sufficient information on any releases of the hazardous materials disclosed in subdivisions 2 and 3 of this subsection into the air, water, sewers, or land to permit the city to understand the sources and content of hazardous material releases;
7. The SIC code of the business, if applicable;
8. The name and phone number of the person representing the business and able to assist emergency personnel in the event of an emergency involving the business during nonbusiness hours.
B. Upon request therefor, all users shall provide other pertinent information, which is in addition to the information required in the disclosure form filed pursuant to subsection A of this section, to the following:
1. To the fire department where it is determined that such other pertinent information is necessary to protect the public health, safety or environment;
2. To any physician where the physician determines that such information is necessary to the medical treatment of his or her patient.
Any additional information furnished under this subsection shall be subject to the trade secret provisions of Section 9.34.100. (Ord. 479 § 1 (part), 1983)
9.34.070 Exemptions from disclosure.
The following materials, persons or entities shall be exempt from disclosure under this chapter:
1. 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 from the requirement that a MSDS be submitted with the disclosure form;
2. Hazardous substances contained in food, drug, cosmetic or tobacco products;
3. Any person using or handling less than five hundred pounds or fifty-five gallons a month, whichever is the lesser, of a hazardous material shall be exempted from the requirement of disclosure of that use or handling unless the fire department has provided notice that he or she has lowered the weight or volume limits of this exemption for a specific hazardous material in response to public health concerns. The exemption of this subsection shall not apply to the using or handling of carcinogens except to the extent that such carcinogens are handled or used solely for personal purposes;
4. Hazardous substances contained solely in consumer products packaged for use by and distributed to the general public;
5. Any person, while engaged in the transportation of hazardous materials, including storage directly incident thereto, provided that such materials are accompanied by shipping papers prepared in accordance with the provisions of 49 Code of Federal Regulations, subchapter c;
6. No MSDS shall be required for any hazardous substance for which an MSDS is not available at the time disclosure is required under Section 9.34.040; provided, however, that such MSDS shall be submitted to the fire department 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 contained in Section 9.34.060. (Ord. 479 § 1 (part), 1983)
9.34.080 Fees.
The city council may by resolution assess the cost of administering and coordinating the toxic chemical program. (Ord. 479 § 1 (part), 1983)
9.34.090 Enforcement.
A. Any person who knowingly violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punishable as provided in Section 1.12.030 of this code.
B. In the event any person shall handle or use any hazardous substance without filing a disclosure form or shall file a false disclosure form in violation of the provisions of this chapter, the same is declared a public nuisance and the city attorney may bring and prosecute an action in any court of competent jurisdiction to enjoin such person from maintaining or permitting the handling or use of hazardous materials in violation of this chapter. (Ord. 479 § 1 (part), 1983)
9.34.100 Trade secrets.
A. If a user believes that a request for information made by either the disclosure form or otherwise pursuant to this chapter involves the release of a trade secret, the user shall so notify the fire department in writing. As used herein, trade secret shall have the meaning given to it by Section 6254.7 of the Government Code.
B. Subject to the provisions of this section, the fire department 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 department, 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, 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, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, shall be guilty of a misdemeanor. Any contractor doing business within 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, knowing that the disclosure of the information is prohibited, knowingly and willfully 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 department is a trade secret pursuant to subsection A of this section, the fire department shall notify the user in writing of said request by certified mail. The fire department shall release the information thirty days after the day of mailing said notice, unless, prior to the expiration of said thirty days, the user institutes an action in an appropriate court for a declaratory judgment that said information is subject to protection under subsection B of this section and/or an injunction prohibiting disclosure of said 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 department. (Ord. 479 § 1 (part) 1983)