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ORDINANCE NO. 5192
AN ORDINANCE Or THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING CHAPTER 6.10 OF TITLE 6 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO THE DISCLOSURE OF HAZARDOUS MATERIALS.
WHEREAS, the City of Anaheim adopted this Chapter on
January 28, 1986, establishing a system for the provision of
information regarding the use and disposal of hazardous
materials within the City; and
WHEREAS, the City desires to amend this Chapter.
FOLLOWS: THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1
That Chapter 6.10 of Title 6 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"CHAPTER 6.10
DISCLOSURE OF HAZARDOUS MATERIALS
6.10.010 RESPONSIBILITY FOR IMPLEMENTING ASSEMBLY
BILL 2185
.010 The City of Anaheim hereby assumes responsi-
bility for implementing Chapter 6.95 of Division 20 of the
Health and Safety Code, commencing with Section 25500, and
adopts the requirements contained therein as the Standards of
the City of Anaheim relating to Hazardous Materials Business and
Area Response Plans, provided, however, that whenever a conflict
exists between the requirements contained in Chapter 6.95 of
Division 20 and the requirements set forth in the remainder of
this ordinance, the most restrictive requirements shall apply.
.020 The City of Anaheim Fire Department shall be
designated the City's administering agency, responsible for
administering and enforcing Chapter 6.95.
.030 Any subsequent modifications, amendments or
successor provisions to any statute or regulation incorporated
into this chapter are adopted unless specifically stipulated
otherwise by ordinance.
6.10.020 DEFINITIONS
For the purposes of this chapter, the following terms,
words, and phrases shall have,the meaning given herein:
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.010 'Business Emergency Plan' means a written
document in a form developed by the Fire Department containing
all the information required by Health and Safety Code Section
25504. a
.020 'Carcinogen' refers to a substance which
causes cancer. For purposes of this ordinance, 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.
.030 'CAS number' means the unique identification
name as assigned by the Chemical Abstracts Services to specific
chemical substances.
.040 '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.
.050 'Common name' means
identification such as code name, code
brand name used to identify a substance
chemical name.
a designation of
number, trade name or
other than by its
.060 'Extremely Hazardous Substance' means any
substance designated an extremely hazardous substance which is
listed in Appendix A of Part 355 of Subchapter J of Chapter I of
Title 40 of the Code of Federal Regulations.
.070 'Handle' means to generate, treat, store or
dispose of a hazardous material in any fashion.
.080 'Hazardous material' shall include 'hazardous
waste', as defined in subsection .090 of this section, or
'extremely hazardous substances' as defined in subsection .060
of this section, or any material designated by the Fire Chief
pursuant to Section 6.10.030, or 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; or
b. which is listed in Section 25316 of the
California Health and Safety Code; or
C. which is listed as a radioactive material set
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forth in Chapter 1, Title 10, Appendix B, maintained and updated
by the Nuclear Regulatory Commission; or
d. Pwhich is listed as a legal carcinogen from
the California Administrative Code, Title 8, Subchapter 7, Group
16 and those substances specified in Subsection .010 of this
Section; or
e. which the Director of the Department of Food
and Agriculture classifies as pesticides; or
f. which the EPA classifies as priority organic
pollutants.
.090 'Hazardous waste' means any material that is
identified in:
a. Sections 25115 and 25117 of the California
Health and Safety Code and set forth in Sections 66680 and 66684
of Title 22 of the California Administrative Code, or;
b. The Code of Federal Regulations, Title 40,
Sections 261.31-261.33.
.100 'Health Official' means the Health Officer of
the County of Orange or his designated representative.
.110 '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.
.120 'Person' means an individual, trust, firm,
joint stock company, corporation, partnership, association,
city, county, district and the state, or any department or
agency thereof.
.130 'Physician' means any person who holds a
valid certificate from the State of California to practice the
healing arts.
.140 'SIC code' means the identification number
assigned by the Standard Industrial Classification Code to
specific types of businesses.
.150 'Storage' or 'storing' means the containment
of substances or materials in such a manner as not to constitute
disposal of such substances or materials.
.160 'Use' includes the handling, processing or
storage of hazardous materials.
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.170 'User' means any person who uses or handles
hazardous materials.
6.10.030 p DESIGNATION OF A HAZARDOUS MATERIAL
A material may be added to the list of hazardous
materials as defined in Subsection .080 of Section 6.10.020 upon
a finding by the Fire Chief that the material, because of its
quantity, concentration or physical or chemical characteristics,
poses a significant present or potential hazard to human health
and safety or to the environment if released into the
community. [A material added to the list of hazardous material's
pursuant to this section shall be designated as either a
hazardous material or hazardous waste.] The Fire Chief may use
the Uniform Fire Code published by the Western Fire Chiefs to
assist him in requiring types and amounts of hazardous materials
to be disclosed.
6.10.040 FILING OF A BUSINESS EMERGENCY PLAN
.010 Any person who uses, handles or stores in
excess of SS gallons, S00 pounds or 200 cubic feet of a
hazardous material or any quantity of an extremely hazardous
substance shall annually, during the month of July, submit a
completed Business Emergency Plan to the City of Anaheim Fire
Department.
.020 Any person who, during the calendar year, for
the first time becomes a user or handler of any hazardous
material or extremely hazardous substance, must submit a
completed Business Emergency Plan to the Fire Department within
thirty days of becoming a user or handler. Thereafter, said
person shall comply with the provisions of Subsection .010 of
this Section.
.030 The Fire Department may specify in writing
such other times that submitting the Business Emergency Plan may
be necessary.
.040 Any person who fails to submit a Business
Emergency Plan within the time limits set forth pursuant to
Subsections .010 through .030, or upon notice of the Fire Chief
or his authorized representative, shall pay a penalty for said
late filing as established pursuant to Section 6.10.100. Said
penalty shall be submitted with the Business Emergency Plan and
shall be in addition to regularly assessed fees, if any.
.OSO Any person who has submitted a Business
Emergency Plan pursuant to Subsections .010 through .040 of this
Section shall submit to the Fire Department a new completed
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Business Emergency Plan detailing the new use, handling or other
appropriate information required, within fifteen (15) days of
any:
a. significant change in the use or handling of
a hazardous material;
b. new use or handling of a previously
undisclosed hazardous material;
C. change of business address;
d. change of business ownership;
e. change of business name;
f. closure of business
6.10.050 DISCLOSURE OF INFORMATION
.010 The Fire Department shall maintain files of
all Business Emergency Plans received. Subject to the provision
of Section 6.10.120 relating to trade secrets, these files shall
be open to the public during normal business hours, upon payment
of fees established pursuant to Section 6.10.100.
.020 The Fire Department shall keep a record of
all persons who request access to the Business Emergency Plans.
The record shall include:
a. The person's name, address and telephone
number, as determined by 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. The reason for which the person requests the
information.
6.10.060 CONTENT OF THE BUSINESS EMERGENCY PLAN
.010 The form for the Business Emergency Plan
shall be developed by the Fire Department. The information
provided in the business plan shall include, but not be limited
to, the following:
a. Business ipformation to include fictitious
business names (DBA's), permit and mailing addresses, and
telephone numbers;
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b. The names and telephone numbers of at least
two persons representing the user and who may be able to assist
emergency personnel in the event of an emergency involving the
user during busindss and non -business hours;
C. Occupancy data to include all pertinent
permits or certificates issued by regulatory agencies,
underground tank information, and usage of extremely hazardous
substances;
d. Specific information on how the user will
handle and emergency release or threatened release of a
hazardous material;
e. Specific information on what actions the user
will take in the prevention, mitigation or abatement of hazards
associated with the business;
f. Description of the training practices for all
employees in safety procedures surrounding the handling, use or
storage of hazardous materials;
g. A Hazardous Material Inventory to include all
required information set forth in Section 11022 of Title 42 of
the United States Code;
h. A site and facility map drawing of the user's
premises including specific information on where the hazardous
materials are handled and the locations of pertinent Fire
Department equipment;
.020 Upon request, all users must provide the
following information in addition to that required in the
Business Emergency Plan:
a. To the Fire Department, a copy of the
Material Safety Data Sheets for every hazardous material used by
the person completing the Business Emergency Plan; and
b. To the Fire Department, any information
determined by the Fire Department to be necessary to protect the
public health, safety or the environment; and
C. To any physician, where the physician
determines that such information is necessary to the medical
treatment of his or her patient.
6.10.070 EXEMPTIONS FROM SUBMITTING A BUSINESS
EMERGENCY PLAN
The following materials, persons or entities shall be
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exempt, as specified, from submitting a business emergency plan
chapter:
.010 P Hazardous materials or substances contained
in food, drug, cosmetic or tobacco products;
.020 Any person using or handling less than 55
gallons, 500 pounds or 200 cubic feet per year of a hazardous
material unless the Fire Chief has provided notice that the
weight or volume limits of this exemption for a specific
hazardous material have been lowered in response to public
health concerns or to meet the intent and requirements of the
Uniform Fire Code. The exemption contained in 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;
.030 Hazardous materials contained solely in
consumer products packaged for direct distribution to, and use
by, the general public, unless the individual container size is
equal to or greater than SS gallons, 500 pounds or 200 cubic
feet, or unless the product is repackaged or altered in any way,
provided, however, the manufacture and distribution of these
products are not exempt if such activity is required to be
permitted or reported by the Uniform Fire Code;
.040 Oxygen and nitrous oxide, ordinarily
maintained by a physician, dentist, podiatrist, veterinarian, or
pharmacist, at his or her office or place of business, stored at
each office or place of business in quantities of not more than
1,000 cubic feet of each material at any one time. A one-time
inventory of these materials may be required, for which the City
of Anaheim shall collect a processing fee not to exceed fifty
dollars ($50.00) to pay for the costs incurred by the City of
Anaheim in processing the inventory forms;
.050 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 Subchapter C of Chapter I of Title 49 of the Code
of Federal Regulations.
.060 Infectious waste generated by hospitals,
medical centers, clinics and other health care facilities that
are regulated under Title 22 of the California Administrative
Codes.
6.10.080 INFORMATION REGARDING HAZARDOUS WASTE
The Health Official will make information concerning
hazardous waste and underground tanks available to fire
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departments and emergency response personnel upon request, when
the information is currently collected and processed by the
Health Official.
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6.10.090 IDENTIFICATION
When required by the Fire Chief, areas containing
hazardous materials shall be so identified. Such identification
may include signs, color coding, posting lists of materials and
MSDS, or other notice as may be deemed necessary by the Fire
Chief.
6.10.100 FEES AND PENALTIES
The City Council shall by resolution, pursuant to the
Fire Chief's recommendation, establish a schedule of fees and
penalties which shall include the following:
a. a schedule of fees which is sufficient to cover
the costs to the City of Anaheim of administering this
Ordinance, to be paid annually by persons using or handling
hazardous materials;
b. a schedule of fees which is sufficient to cover
the costs, including duplication and administration costs,
to the City of Anaheim of responding to a request from the
public for access to Business Emergency Plans, to be paid by
persons requesting access;
C. a schedule of penalties to be assessed for the
late filing of any Business Emergency Plan.
6.10.110 ON SITE UTILIZATION OF MSDS AND
OCCUPANCY FLOOR PLANS
When required by the Fire Chief, any person submitting
a Business Emergency Plan may be required to install an approved
key box for emergency utilization of MSDS, floor plans, site
plans and access keys. The location of the required key box
shall be approved by the Fire Chief.
6.10.120 TRADE SECRETS
.010 If a user believes that a request from
the public for information disclosed 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
California Government Code and Section 10160 of the California
Evidence Code.
.020 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.
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.030 Any trade secret information reported to
or otherwise obtained by the Fire Department, or any of its
representatives or employees, whose user has complied with
Subsections .010 aPnd .020 of this Section, shall not be
disclosed to anyone except as provided in Subsection .070 of
this Section or as follows:
a. To an officer or employee of the City of
Anaheim, 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, or to contractors with the City of Anaheim 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
b. To any physician, where the physician
determines that such information is necessary to the medical
treatment of his or her patient.
.040 For the purpose of this Section, fire
and emergency response personnel and County Health personnel
operating within the jurisdiction of the City of Anaheim shall
be considered employees of the City.
.050 Any officer or employee of the City of
Anaheim, 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 Section, 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. Any contractor with the
City of Anaheim 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 of Anaheim for
purposes of this subsection. Any physician who has been
furnished information or who has obtained information pursuant
to Subsection .030 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.
.060 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 officials in
accordance with the laws of the United States.
.070 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 .010 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 (30) days after the day of mailing said
notice, unless, prior to the expiration of said thirty (30)
days, the user institutes an action in an appropriate court for
a declaratory judgment that said information is subject to
protection under Subsection .020 of this Section and/or an
injunction prohibiting disclosure of said information to the
general public.
.080 The provisions of this Section shall not
permit a user to refuse to disclose information required to be
disclosed pursuant to this Chapter."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it
would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as
may be declared invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
hereby of any other ordinance of this City shall in any manner
affect the prosecution for violations of ordinances, which
violations were committed prior to the effective date hereof, nor
be construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions of
this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
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SECTION 4. CERTIFICATION
The City Clerk shall certify to the passage of this
ordinance and shalt cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in said
City, and thirty (30) days from and after its final passage, it
shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 18th day of December
1990
ATTEST:
AYO OF THE ITY 01=
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3STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No.5192 was introduced at a regular meeting of the City
Council of the City of Anaheim, held on the 11th day of December, 1990, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 18th day of December, 1990, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No.5192 on the 19th day of December, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 19th day of December, 1990.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Ordinance No. 5192 and was published once in
the Anaheim Bulletin on the 28th day of December, 1990.
CITY CLERK OF THE CITY OF ANAHEIM