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Ordinance chapter · Lincoln, California

CHAPTER 8.52 - HAZARDOUS MATERIALS

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Chapter 8.52 - Hazardous Materials Disclosure#

8.52.010 - 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. 453B §1, 1984)

8.52.020 - Definitions.#

For the purpose of this chapter, the terms listed in this section shall be defined as follows:

"Carcinogen" means a substance which:

  1. The International Agency for Research on Cancer states that there is sufficient evidence of carcinogenicity in animals or that there is a potential of human carcinogenicity, or that the substance is a confirmed human carcinogen; or

  2. The National Cancer Institute has found in an animal bioassay that there is positive evidence of carcinogenesis in animals or humans.

"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 International Union of Pure and Applied Chemistry or 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.

"Disclosure form" means the written request for information prepared by the fire chief pursuant to Section 8.52.060 of this chapter.

"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.

"Fire chief" means the fire chief of the city or his or her duly authorized representative.

"Hazardous material" means any hazardous substance or hazardous waste as defined in subsection (9) or (10) of this section, or any material designated pursuant to Section 8.52.030 of this chapter.

"Hazardous substance" 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 (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;

  2. Which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, maintained and updated by the Nuclear Regulatory Commission.

"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.

"Handle" means to generate, treat, store, or dispose of a hazardous material in any fashion.

"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 U.S. Department of Labor. For any hazardous substance for which a Material Safety Data Sheet is not required to be prepared pursuant to Section 6390 of the California Labor Code, a Material Safety Data Sheet which contains the information specified in Section 6391 of the California Labor Code shall satisfy the definition of an MSDS under this chapter.

"Person" means an individual, trust, firm, joint stock company, corporation, partnership, association, city, county, district and the state, or any department thereof.

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing, or any other means of introduction into the environment.

"Physician" means any person who holds a valid certificate from the state to practice the healing arts.

"SIC code" means the identification number assigned by the Standard Industrial Classification code to specific types of businesses.

"Use" includes the handling, processing, or storage of a hazardous substance or waste.

"User" means any person who uses a hazardous substance or handles a hazardous waste.

(Ord. 453B §2, 1984)

8.52.030 - Designation of a hazardous material.#

(a) A material may be added to the list of hazardous materials set forth in Section 8.52.020 of this chapter upon a finding by the fire chief that it satisfies the following criteria: 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.

(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 chief.

(Ord. 453B §3, 1984)

8.52.040 - Disclosure form—Filing.#

(a) Any person who uses or handles a hazardous material must annually submit a completed disclosure form to the city clerk at the time of application for or renewal of a city business license.§

(b) A person not required to obtain a business license who uses or handles a hazardous material within the city shall submit a completed disclosure form by September 1 of each year.

(c) Within 15 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 to the city clerk detailing the new use or handling or other appropriate information.

(Ord. 453B §4, 1984)

8.52.050 - Disclosure form—Processing.#

(a) Upon receipt of a disclosure form, the city clerk shall ensure that the name and address on the form are correct and shall forward the disclosure form to the fire department.

(b) The fire department shall maintain files of all disclosure forms received. Subject to the provisions of Section 8.52.090 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 numbers and the CAS numbers 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 to be copied.

(Ord. 453B §5, 1984)

8.52.060 - Disclosure form—Content.#

(a) The disclosure form shall be prepared by the fire department with the assistance of the police department, the planning department, and other interested parties. The disclosure form shall include, but not be limited to, requests for the following:

  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, used or stored 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 antidote for each hazardous material and the Chemtrex number or equivalent, if applicable; and

  9. 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 business and nonbusiness hours.

(b) Upon request, all users must provide information in addition to that required in the disclosure form filed pursuant to subsection (a) of this section as follows:

  1. To the fire department any information determined by the fire department to be necessary to protect the public health, safety or the environment; and

  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 8.52.090.

(Ord. 453B §6, 1984)

8.52.070 - Disclosure form—Exemptions.#

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 an 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 500 pounds or 55 gallons a month, whichever is the lesser, of a hazardous material shall be exempted from the requirements of disclosure of that use or handling unless the fire department has provided notice to the city clerk 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 by individuals.

  1. Hazardous substances contained solely in consumer products packaged for use by and distributed to the general public.

  2. Any person while engaged in the transportation of hazardous materials, including storage directly incident thereto, provided that such storage takes place outside the corporate boundaries of the city or such storage place has already disclosed pursuant to the requirements of this chapter and provided that such materials are accompanied by shipping papers prepared in accordance with the provisions of 49 Code of Federal Regulations, subchapter c.

  3. No MSDS shall be required for any hazardous substance for which an MSDS is not available at the time disclosure is required under Section 8.52.040, provided, however, that such MSDS shall be submitted to the fire department within 15 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 8.52.060.

(Ord. 453B §7, 1984)

8.52.080 - Fees.#

The city council may, by resolution, establish a schedule of fees to be paid by persons using or handling hazardous materials which is sufficient to cover the costs to the city of administering this chapter.

(Ord. 453B §8, 1984)

8.52.090 - Trade secrets.#

(a) If the 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 in this chapter, "trade secret" shall have the meaning given to it by Section 6254.7 of the Government Code and section 1060 of the Evidence 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 any 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 by this section, and who, knowing that the disclosure of 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 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 for 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 not release or cause the release of the information for a period of 30 days after the day of mailing said notice. Prior to the expiration of said 30-day period, the user may institute an action in an appropriate court seeking a declaratory judgment that said information is subject to protection under subsection (b) of this section and/or seeking 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 city fire department.

(Ord. 453B §9, 1984)

8.52.100 - Enforcement of provisions.#

(a) Any business which negligently violates any provision of Section 8.52.040 shall be civilly liable to the city in a sum not to exceed $250.00 per day for each day in which such violation occurs, depending upon the seriousness of the violation; and, if such violation results in or significantly contributes to an emergency, including a fire, to which the city must respond, that business may be assessed the full cost of the city's response, as well as the cost of cleaning up and disposing of such hazardous materials.

(b) Any business which intentionally violates any provision of Section 8.52.040 shall be civilly liable to the city in a sum not less than $500.00 or more than $5,000.00 for each day in which such violation occurs, depending upon the seriousness of the violation, shall have its business license revoked, and, if such violation results in or significantly contributes to an emergency, including a fire, that business shall be assessed the full cost of the city's response as well as the cost of cleaning up and disposing of such hazardous materials.

(c) The city may petition the Superior Court pursuant to Government Code Section 54740 to impose, assess, and recover such sums. The remedy provided in this section is cumulative and not exclusive, and shall be in addition to any other appropriate penalty provisions of this code and all other remedies available to the city.

In addition, any such violation shall be deemed a public nuisance, and the city attorney is authorized to institute and maintain an action to enjoin such violation.

(Ord. 453B §10, 1984)