4683ORDINANCE NO. 4683
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADDING NEW CHAPTER 6.10 TO TITLE 6 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO THE
DISCLOSURE OF HAZARDOUS MATERIALS.
WHEREAS hazardous materials and hazardous wastes which
are present in the community may pose acute and chronic health
hazards to individuals who live and work in the City of Anaheim
if exposed to such substances as a result of fires, spills,
industrial accidents or other types of releases or emissions; and
WHEREAS emergency service personnel in the City of
Anaheim have a right and need to know of the use and dangers of
hazardous materials in the community in order to plan for and
respond to potential emergencies and exposure to such materials;
and
WHEREAS basic information on the location, type and the
health risks of hazardous materials used or stored in the City
of Anaheim is not now available to firefighters, health
officials, planners, elected officials and other emergency
personnel; and
WHEREAS it is further intended that the system of
disclosure set forth in this Ordinance shall provide the
information essential to firefighters, health officials,
planners, elected officials and other emergency service
personnel in meeting their responsibilities for the health and
welfare of the community in such a way that the statutory
privileges of trade secrecy is not abridged; and
WHEREAS this Ordinance recognizes the community's right
and need for basic information on the use and disposal of
hazardous materials in the City of Anaheim and that an orderly
system for the provision of such information be established; and
WHEREAS, the State of California has adopted Assembly
Bill 2185, adding Chapter 6.95 to Division 20 of the Health and
Safety Code relating to hazardous materials, which provides that
a city may, by ordinance, assume responsibility for implementing
the regulations contained therein.
FOLLOWS:
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1
That Chapter 6.10 be, and the same is hereby, added to
Title 6 of the Anaheim Municipal Code to read as follows:
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i m
"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.
6.10.020 DEFINITIONS
For the purposes of this chapter, the following terms,
words, and phrases shall have the meaning given herein:
.010 '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.
.020 'CAS number' means the unique identification
name as assigned by the Chemical Abstracts Services to specific
chemical substances.
.030 '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.
.040 'Common name' means a designation of
identification such as code name, code number, trade name or
brand name used to identify a substance other than by its
chemical name.
.050 'Disclosure form' means the written request
for information prepared pursuant to Section 6.10.060.
.060 'Handle' means to generate, treat, store or
dispose of a hazardous material in any fashion.
.070 'Hazardous material' shall include 'hazardous
waste', as defined in subsection .080 of this section, or any
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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
forth in Chapter 1, Title 10, Appendix B, maintained and updated
by the Nuclear Regulatory Commission; or
d. which 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.
.080 '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.
.090 'Health Official' means the Health Officer of
the County of Orange or his designated representative.
.100 '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.
.110 'Person' means an individual, trust, firm,
joint stock company, corporation, partnership, association,
city, county, district and the state, or any department or
agency thereof.
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.120 'Physician' means any person who holds a
valid certificate from the State of California to practice the
healing arts.
.130 'SIC code' means the identification number
assigned by the Standard Industrial Classification Code to
specific types of businesses.
.140 'Storage' or 'storing' means the containment
of substances or materials in such a manner as not to constitute
disposal of such substances or materials.
.150 'Use' includes the handling, processing or
storage of hazardous materials.
.160 'User' means any person who uses or handles
hazardous materials.
6.10.030 DESIGNATION OF A HAZARDOUS MATERIAL
A material may be added to the list of hazardous
materials as defined in Subsection .070 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 materials
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 HAZARDOUS MATERIAL
DISCLOSURE FORM
.010 Any person who uses or handles a hazardous
material must semi-annually, during the months of January and
July, submit a completed disclosure form 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, must submit a completed disclosure form 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 disclosure form may be
necessary.
.040 Any person who fails to submit a disclosure
form 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 disclosure form and shall be
in addition to regularly assessed fees, if any.
.050 Any person who has submitted a disclosure
form pursuant to Subsections .010 through .040 of this Section
shall submit to the Fire Department a new completed disclosure
form 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 disclosure forms 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 hazardous materials
disclosure forms. 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;
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d. The reason for which the person requests the
information.
6.10.060
CONTENT OF THE DISCLOSURE FORM
.010 The disclosure form shall be developed by the
Fire Department. The information requested in the disclosure
form shall include, but not be limited to, the following:
a. A copy of the Material Safety Data Sheets for
every hazardous material used by the person completing the
disclosure form as may be required by the Fire Department;
b. CAS number as may be required by the Fire
Department;
C. SIC code as may be required by the Fire
Department;
d. U.N. identification number as may be required
by the Fire Department;
e. A listing of the chemical name and any common
names of every hazardous material used by the person completing
the disclosure form;
f. The maximum amount of each hazardous material
which is handled or used at any one time by the user over the
course of the year;
g. Specific information on how and where the
hazardous materials are handled or used by the user to allow
fire and safety personnel to prepare adequate emergency response
plans to potential releases of the hazardous materials;
h. 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 business and non -business hours;
i. The hazard characteristics of every hazardous
material disclosed, including, but not limited to, toxicity,
flammability, reactivity, and corrosivity as may be required by
the Fire Department.
.020 Upon request, all users must provide the
following information in addition to that required in the
disclosure form:
a. To the Fire Department, any information
determined by the Fire Department to be necessary to protect the
public health, safety or the environment; and
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b. 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 DISCLOSURE
The following materials, persons or entities shall be
exempt, as specified, from the disclosure requirements under
this Ordinance:
.010 A material designated as a hazardous material
by this Ordinance 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;
.020 Hazardous materials or substances contained
in food, drug, cosmetic or tobacco products shall be exempt from
the disclosure requirements of this Ordinance;
.030 Any person using or handling less than 500
pounds or 55 gallons per year, whichever is less, of a hazardous
material shall be exempt from the requirement of disclosing that
use or handling, 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;
.040 Hazardous materials contained solely in
consumer products packaged for use by and distributed to the
general public shall be exempt from the disclosure requirements
of this Ordinance unless the product is repackaged or altered in
ay way, provided, however, the manufacture and distribution of
these products are not exempt or required to be permitted or
reported by the Uniform Fire Code;
.050 Any person, while engaged in the
transportation of hazardous materials, including storage
directly incident thereto, shall be exempt from the disclosure
requirements of this Ordinance, provided that such materials are
accompanied by shipping papers prepared in accordance with the
provisions of 49 Code of Federal Regulations, Subchapter c;
.060 No MSDS shall be required for any hazardous
material for which an MSDS is not available at the time
disclosure is required, provided, however, that such MSDS shall
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be submitted to the Fire Department within fifteen (15) days
after the user receives the MSDS;
.070 Infectious waste generated by Hospitals,
medical centers, clinics and other health care facilities that
are regulated under Title 22 of the California Administrative
Codes shall be exempt from the disclosure requirements of this
Ordinance.
6.10.080 INFORMATION REGARDING HAZARDOUS WASTE
The Health Official will make information concerning
hazardous waste and underground tanks available to fire
departments and emergency response personnel upon request, when
the information is currently collected and processed by the
Health Official.
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 semi-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 disclosure forms, to be paid by persons
requesting access;
C. a schedule of penalties to be assessed for the
late filing of any disclosure form.
ME
6.10.110 ON SITE UTILIZATION OF MSDS AND
OCCUPANCY FLOOR PLANS
When required by the Fire Chief, any person submitting
a disclosure form 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 Ordinance
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.
.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 and .020 of this Section, shall not be
disclosed to anyone except:
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
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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 Ordinance."
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. CERTIFICATION
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin, a
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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 28th day of January, 1986.
:;I_
MAY R 40FTI-CITY Olr ANAHEIM
ATTEST:
Gt.._
PITY CLERK OF THE CITY OF ANAHEIM
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4041U
121785
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4683 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 21st day of January, 1986,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 28th day of January, 1986, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4683 on the 28th day of January, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 28th day of January, 1986.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SORT, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 4683 and was published once in the
Anaheim Bulletin on the 7th day of February, 1986.
CITY CLERK