Chapter 8.50


8.50.010    Findings and purpose.

8.50.020    Definitions.

8.50.070    Hazardous material registration form.

8.50.080    Contents of registration form.

8.50.090    Exemptions from disclosure.

8.50.100    Trade secrets.

8.50.110    Enforcement.

8.50.120    Registration fees.

8.50.130    Maintenance of files.

*    Prior legislation: Ord. 651.

8.50.010 Findings and purpose.

The city council finds and declares:

A. Purpose. The purpose of this chapter is to provide a source of current information concerning hazardous substances and chemicals being utilized in the city to protect the general health and safety of the public and to enable emergency personnel to respond safely and speedily to emergency situations which may arise.

The city council declares that it is in the public interest to establish a continuing program for the purpose of preventing contamination from, and improper storage of, hazardous substances stored underground. It is the intent of the city council, in enacting this chapter, to establish orderly procedures that will ensure that newly constructed underground storage tanks meet appropriate standards and that existing tanks be properly maintained, inspected and tested so that the health, property and resources of the people of the city will be protected.

B. Findings.

1. Essential information on the location, type, quantity and the health risks of hazardous materials used, stored or disposed of in the city is not available to firefighters, health officials, health care providers, law enforcement agencies and emergency communications officers.

2. Hazardous substance and chemical information disclosure is necessary so that the city and other affected public agencies may respond effectively to fire or other emergency involving materials that exhibit hazardous characteristics and may pose hazards to the community.

3. Substances hazardous to the public health and safety and to the environment are stored prior to use or disposal in thousands of underground locations in the state.

4. Underground tanks used for the storage of hazardous substances and wastes are potential sources of contamination of the ground and underlying aquifers, and may pose other dangers to public health and the environment.

5. It is not the intent of this chapter to regulate the handling, use, processing or disposal of hazardous substances and chemicals.

6. It is the intent of the city council that this chapter establish an orderly system by which establishments that contain materials which may be hazardous are identified and information regarding these materials is made available to firefighters, health officials, health care providers, law enforcement agencies and emergency communications officers in such a way that the statutory privilege of trade secrecy is not abridged. (Ord. 681 § 1, 1985)

8.50.020 Definitions.

For purposes of this chapter, the following definitions apply:

“Board” means the State Water Resources Control Board. “Regional board” means a California Regional Water Quality Control Board.

“Business” means an employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, association, city, county, district and the state, or any department or agency thereof. For purposes of this chapter, a business shall include both profit and nonprofit business.

“CAS number” means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.

“Chemical name” means the scientific designation of a substance in accordance with the system developed by the Chemical Abstracts Service.

“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.

“Department” means the state Department of Health Services.

“Establishment” means the physical premises of a business.

“Facility” means any one, or combination of, underground storage tanks used by a single business entity at a single location or site.

“Handle” or “handling” means to use, store, treat or generate a hazardous material in any fashion.

“Hazardous material” means all of the following liquid and solid substances, unless the department, in consultation with the board, determines that the substance could not adversely affect the quality of the waters of the state:

1. Substances on the list prepared by the Director of Industrial Relations pursuant to Section 6382 of the Labor Code;

2. Hazardous substances, as cited in Article 9, Division 4, Title 22 of the California Administrative Code;

3. Any substance or material which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a Class II combustible liquid, or a Class III-A combustible liquid.

“Hazardous materials registration form” means the form required to be filed with the county health department by every person who owns or operates an establishment which uses hazardous materials.

Hazardous Substance. See “Hazardous material.”

Hazardous Waste. See “Hazardous material.”

“Health officer” means the health officer of the county or his authorized representative.

“Laboratory” means a place equipped for testing analyses or experimental study in a science, and utilizing hazardous materials as defined in this section in any amount.

“Operator” means the operator of any underground storage tank.

“Owner” means the owner of an underground storage tank.

“Person” means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership or association. “Person” also includes any city, county, district, the state, any department or agency thereof, or the United States, to the extent authorized by federal law.

“Pipe” means any pipeline or system of pipelines which is used in connection with the storage of hazardous substances and which is not intended to transport hazardous substances in interstate or intrastate.

“Primary containment” means the first level of containment, such as the portion of a tank which comes into immediate contact on its inner surface with the hazardous substances being contained.

“Product-tight” means impervious to the substance which is contained, or is to be contained, so as to prevent the seepage of the substance which it contains over the useful life of the tank.

“Secondary containment” means the level of containment external to, and separate from, the primary containment.

“SIC code” means the identification code to specific types of businesses.

“Single-walled” means construction with walls made of only one thickness of material. For the purpose of this chapter, laminated, coated or clad materials are considered single-walled.

“Special inspector” means a professional engineer, registered pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, who is qualified to attest, at a minimum, to structural soundness, seismic safety, the compatibility of construction materials with contents, cathodic protection and the mechanical compatibility of the structural elements of underground storage tanks.

“Storage” or “store” means the containment, handling or treatment of hazardous substances, either on a temporary basis or for a period of years. “Storage” or “store” does not mean the storage of hazardous wastes in an underground storage tank if the person operating the tank has been issued a hazardous waste facilities permit by the California Department of Health Services.

“Underground storage tank” means any one of the combination of tanks, including pipes connected thereto, which is used for the storage of hazardous substances and which is substantially or totally beneath the surface of the ground. “Underground storage tank” does not include any of the following:

1. Tanks which are located on a farm and store motor vehicle fuel which is used only to propel vehicles used primarily for agricultural purposes;

2. Tanks used for aviation or motor vehicle fuel located within one mile of a farm and the tank is used by a licensed pest control operator, as defined in Section 11705 of the Food and Agricultural Code, who is primarily involved in agricultural pest control activities;

3. A tank which holds one thousand one hundred gallons or less, is located at a residence of a person, and stores home heating fuel used exclusively for personal and nonincome producing purposes. (Ord. 681 § 1, 1985)

8.50.070 Hazardous material registration form.

A. Any person who owns or operates an establishment that contains, at any one time during the year, hazardous materials as defined in SMC 8.50.020 shall file a completed hazardous material registration form with the department of health within ninety days of the effective date of the ordinance codified in this chapter.

B. Any person commencing operations in an establishment subject to this chapter shall file a completed registration form with the department of health within thirty days of the commencement of such activity.

C. Any business which has a laboratory or laboratories containing any hazardous materials is not required to list individual materials but must be listed as a laboratory on the registration form and its location in the establishment must be identified.

D. Any person who uses or handles a hazardous material must annually submit a completed registration form to the county health officer by July 1st of each year.

E. Any person required to file a registration form pursuant to this chapter shall file an amended registration form within thirty days of the following:

1. Change of business address;

2. Change of business ownership;

3. Change of business name;

4. Change of materials handled which would materially change the list of materials on file with the department of health.

F. The registration form shall be approved and signed by a responsible employee of each business under penalty of perjury.

G. The department of health shall record and maintain a file of all registration forms received. The registration information shall be made available only to agencies enumerated in SMC 8.50.010(B).

H. The department of health will be notified in case of change in emergency response personnel as reported on the registration form.

I. When necessary, the county health officer may request additional information on how and where hazardous materials are stored, for the purpose of distribution to fire department and other emergency response teams that may be called upon to provide emergency services in connection with the handling and use of hazardous materials. (Ord. 681 § 1, 1985)

8.50.080 Contents of registration form.

A. Hazardous material registration forms shall be prepared by the department of health and made available to persons who use hazardous materials.

B. The hazardous materials registration form shall include requests for the following information:

1. Identification information including but not limited to name, address, phone number and assessor’s parcel number;

2. The names and phone numbers of at least two people representing the business able to assist agency personnel in event of an emergency during nonbusiness hours;

3. The SIC code of the business if applicable;

4. A list of the hazardous materials at the establishment designated by CAS number, chemical name and common name as well as the form in which the material is stored and the maximum amount present during a thirty-day period;

5. Each business shall designate in the appropriate box if there is a laboratory at its establishment;

6. A sketch showing the location of any laboratory at the establishment;

7. For businesses consisting of more than one building, sketch showing where the hazardous material is stored. (Ord. 681 § 1, 1985)

8.50.090 Exemptions from disclosure.

The following shall be exempt from the disclosure requirements of this chapter:

A. Any person who handles radioactive materials that are exempt under Sections 30180 and 30345 of Title 16 of the California Administrative Code or licensed with the state Department of Health Services.

B. Hazardous substances contained only in consumer products packaged for distribution to, and use by, the general public.

C. Any person using, handling or storing less than five hundred pounds or fifty-five gallons a month, whichever is less, of a hazardous material. The exemption of this subsection shall not apply to the use, handling or storing of known carcinogens except to the extent that such carcinogens are used or intended to be used for medical or therapeutic purposes.

D. Any person, while engaged in the transportation of hazardous materials, including storage directly incident to transportation; provided, that such materials are accompanied by shipping papers prepared in accordance with the provisions of the federal Hazardous Materials Regulations (40 C.F.R., Subchapter C). (Ord. 681 § 1, 1985)

8.50.100 Trade secrets.

A. If a person believes that a request for information made by the disclosure form involves the release of a trade secret or proprietary information, the person shall submit to the county health officer adequate information and substantiation of the claim of trade secrecy.

B. The county health officer and the fire department shall protect from disclosure any and all trade secrets and proprietary information coming into his or her possession, as defined in subsection (d) of Section 6254.7 of the California Government Code and Section 1060 of the California Evidence Code, when requested in writing by the user.

C. Any trade secret or proprietary information reported to or otherwise obtained by the county health officer shall not be disclosed to anyone except an officer or employee of the county, the state, or the federal government who demonstrates a need to know the information in connection with their official duties.

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. The health officer, with the city attorney, upon receipt of a request for his designation of information submitted as a trade secret by a user, shall determine whether any or all of the information so submitted is properly designated trade secret or proprietary information. No information shall be disclosed until a final determination of trade secret is made.

F. If the health officer and city attorney determine that the submitted information should be designated as trade secret or proprietary information, then the materials involved will be identified only by the properties and returned to the appropriate agencies.

G. If the health officer and city attorney determine that the information is not a trade secret:

1. The city attorney shall notify the person by certified mail.

2. The person shall have thirty days after receipt of notification to request reconsideration of the city attorney’s determination and to provide the city attorney with any further data supporting the claim of trade secrecy privilege.

3. The city attorney shall determine whether such information is protected as a trade secret or proprietary information within fifteen days after receipt of the additional data is submitted, within thirty days of the original notice. The city attorney shall notify the person and any party who has requested the information that it is not protected as a trade secret. The final notice shall also specify a date, not sooner than fifteen days after the date of mailing of the final notice, when the information may be made available to the appropriate public agencies.

4. Prior to the date specified in the final notice, the person may institute an action in the superior court for a declaratory judgment as to whether such information is subject to protection under subsection A of this section.

H. The provisions of this section shall not permit a person to refuse to file a disclosure information form to the city attorney except under the conditions set forth in subsection E of this section. (Ord. 681 § 1, 1985)

8.50.110 Enforcement.

A. The county health officer is authorized and empowered to enforce the provisions of SMC 8.50.070. The enforcement shall include the inspection of facilities and other activities directly related to the enforcement of SMC 8.50.070. No person shall obstruct or interfere with the county health officer in the performance of these duties.

B. The county health officer shall index registration forms by street addresses and parcel numbers, and shall cross-reference them by business name, and by the SIC code numbers and the CAS numbers listed on the registration forms. (Ord. 681 § 1, 1985)

8.50.120 Registration fees.

Each initial registration and annual renewal filing of a hazardous material disclosure form shall be accompanied by a filing fee of seventy-five dollars. (Ord. 681 § 1, 1985)

8.50.130 Maintenance of files.

A. The health officer shall maintain active files of all registration forms received for a period of three years. Registration forms which are more than three years old shall be placed in inactive files and retained for a period of thirty years.

B. The county health officer shall index registration forms by street addresses and parcel numbers, and shall cross-reference them by business name, and by the SIC code numbers and the CAS numbers listed on the registration forms. (Ord. 681 § 1, 1985)