CITY OF

HERMOSA BEACH

MUNICIPAL CODE ON-LINE

HEALTH AND SAFETY

Chapter 8.16

HAZARDOUS MATERIALS

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	8.16.010	Findings.
	8.16.020	D efinitions.
	8.16.030	Standards--Administering agency.
	8.16.040	Designation of a hazardous material.
	8.16.050	All users, general information required.
	8.16.060	Users of hazardous materials--Disclosure required.
	8.16.070	Additional times disclosure required.
	8.16.080	Exemptions from disclosure.
	8.16.090	Disclosure of information to the public.
	8.16.100	Persons requesting access to disclosure forms--Record required.
	8.16.110	Information regarding hazardous waste.
	8.16.120	Identification.
	8.16.130	Fees.
	8.16.140	Approved key box location.
	8.16.150	Trade secrets.
	8.16.160	Trade secret information request--User notification.
	8.16.170	Violation--Penalty.

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8.16. 010 Findings.

A. Health Hazards. Hazardous materials and wastes which are present may pose acute and chronic health hazards to individuals who live and work in this city if exposed to such substances as a result of fires, spills, industrial accidents or other types of releases or emissions.

B. Informing Emergency Personnel. It is imperative that emergency service personnel be informed 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.

C. Basic Information. Basic information on the location, type and the health risks involved with hazardous materials used or stored in the city is not now available to firefighters, health officials, planners, elected officials and other emergency response personnel.

D. Disclosure System. The system of disclosure set out in this code is necessary to provide the information required by firefighters, other emergency service personnel, health officials, planners, and elected officials to protect, without abridging the statutory privilege of trade secrecy, the health and welfare of this city.

E. Addition of Chapter Provisions. It is recognized that the members of the community should be given basic information on the use and disposal of hazardous materials, and the addition of this chapter establishes an orderly system to provide such information. (Prior code §§ 14-1--14-5)

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8.16. 020 Definitions.

As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used are defined as follows:

"Business plan" means the separate plan for each facility, site or branch of a business submitted to the fire department pursuant to Section 8.16.060.

"Carcinogen" refers to a substance which causes cancer. For the purposes of this chapter, carcinogens are those substances specified on the list developed by the United States Department of Health and Human Services in its second annual Report on Carcinogens.

"CAS number" means the unique identification number as assigned by the Chemical Abstracts Services 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 Services.

"Common name" means a designation of identification such as a code name, code number or brand name used to identify a substance other than by its chemical name.

"Disclosure form" means the written information submitted to the fire department pursuant to Section 8.16.060(E).

"Handle" means to use, generate, process, produce, package, treat, store, emit, discharge or dispose of hazardous material in any fashion.

"Handler" means any business which handles hazardous material.

"Hazardous material" 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 (Chapter 2.5, Part 1 of Division 5 of the California Labor Code commencing with Section 6360) or pursuant to any applicable federal law or regulation; or
2. Listed in California Health and Safety Code Section 25316; or
3. Which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, maintained and upgraded by the Nuclear Regulatory Commission; or
4. Which is listed as a legal carcinogen in Title 8, Subchapter 7, Group 16 of the California Administrative Code; or
5. Which the director of the Department of Food and Agriculture classifies as a pesticide; or
6. Which the Environmental Protection Agency classifies as a priority organic pollutant.

"Hazardous waste or extremely hazardous waste" means any material that is identified in:

1. California Health and Safety Code, Sections 25115 and 25117, and Title 22 of the California Administrative Code, Sections 66680 and 66684; or
2. The Code of Federal Regulations, Title 40, Sections 261.31 through 261.33.

"Health official" means the health officer of the county of Los Angeles or his deputy.

"MSDS" means a material safety data sheet prepared pursuant to California Labor Code, Section 6390 or pursuant to the regulations of the Occupational Safety and Health Administration of the United States Department of Labor.

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

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

"Storage or storing" means the containment of substances or materials in a manner which does not constitute disposal of such substances or materials.

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

"User" means any individual, person, trust, firm, joint stock company, corporation, partnership, association, city, county, district and the state, or any department or agency thereof engaged in any activity involving the use or handling of a hazardous substance or waste. (Prior code § 14-6)

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8.16. 030 Standards--Administering agency.

There is adopted by reference Chapter 6.95 of Division 20 of the California Health and Safety Code, commencing with Section 25500, establishing minimum statewide standards for business and area plans relating to the handling and release or threatened release of hazardous materials. The fire department of the city shall be the administering agency for the provisions of this chapter, and all other applicable statutes promulgated by the federal government or the state of California. When deemed necessary by the director of public safety, or fire chief, the city may adopt and enforce more restrictive regulations for the protection of its inhabitants. (Prior code § 14-7)

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8.16. 040 Designation of a hazardous material.

Any material may be added to the list of hazardous materials defined in Section 8.16.020 upon a finding by the director of public safety, the fire chief, or his authorized representative that the material, because of its quantity, concentration, physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released. A material added to the list of hazardous materials, pursuant to this article, shall be designated as either a hazardous material or waste. The director of public safety, the fire chief, or his authorized representative may use the Uniform Fire Code, Section 80 entitled "Hazardous Materials" as well as any other nationally recognized reference material to assist him in requiring types and amounts of hazardous materials to be disclosed. (Prior code § 14-8)

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8.16. 050 All users, general information required.

Upon request, all users shall provide the following information:

A. Any information deemed necessary by the fire department for protection of the public health, safety or environment; and

B. Any information requested by a physician in order to treat a patient. (Prior code § 14-9)

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8.16. 060 Users of hazardous materials--Disclosure required.

A. All users shall submit during the month of January of each year a completed disclosure form to the Hermosa Beach fire department.

B. Any person who, for the first time during any calendar year, becomes a user or handler of any hazardous material, shall submit a completed disclosure form to the fire department within thirty (30) days of becoming a user or handler. Thereafter, said user shall comply with the provisions of subsection A of this section.

C. The information required to be disclosed by the fire department shall include, but not be limited to, the following:

1. A copy of the MSDS for every hazardous material used;
2. CAS number;
3. SIC code;
4. United Nations identification number;
5. A list of the chemical names and any common names of every hazardous material used;
6. The maximum amount each hazardous material is handled or used at any one time over the course of the year;
7. Specific information as to how and where hazardous materials are handled or used in order to allow fire and safety personnel to prepare adequate emergency response plans for the potential release of such hazardous materials. Clear and legible diagrams and annotated site maps for this purpose;
8. The name, title and twenty-four (24) hour telephone number of a contact person, and an alternate, representing the business who can provide technical information and assistance in the event of a release or a threatened release of hazardous materials. The contact person shall have full facility access, site familiarity, and authority to make decisions for the business regarding incident mitigation, in conjunction with the fire department;
9. An emergency response plan for a release or threatened release of a hazardous material;
10. The characteristics of all hazardous material disclosed including, but not limited to, the degree such material may be toxic, flammable, reactive and corrosive. (Prior code § 14-10)

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8.16. 070 Additional times disclosure required.

The fire department, when deemed necessary, may give written notice to users and handlers of the need for furnishing disclosure information within thirty (30) days of any:

A. Significant change in the use or handling of a hazardous material; or

B. New use or handling of a previously undisclosed hazardous material; or

C. Change of business address; or

D. Change of business ownership; or

E. Change of business name; or

F. Closure of business.

Any user who has previously filed a disclosure form pursuant to Section 8.16.060 shall submit to the fire department a new disclosure form containing the information required by this chapter. (Prior code § 14-11)

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8.16. 080 Exemptions from disclosure.

The following materials, persons or entities shall be exempt from the disclosure requirements of this chapter:

A. Hazardous materials or substances contained in food, drug, cosmetic or tobacco products;

B. Any person using or handling less than five hundred (500) pounds, fifty-five (55) gallons, or two hundred (200) cubic feet of standard temperature and pressure for compressed gas, whichever is the lesser, of a hazardous material per year shall not be required to disclose such use or handling unless the director of public safety, the fire chief, or his authorized representative has given written notice that the weight or volume limits placed on a specified hazardous material have been lowered because of public health concerns, or to meet the intent and requirement of Section 80 of the Uniform Fire Code;

C. Any person, while engaged in the transportation of hazardous materials, including storage directly incidental thereto, provided that such materials are accompanied by shipping papers prepared in accordance with the provisions of 49 Code of Federal Regulations, Subchapter C;

D. No MSDS shall be required for any hazardous material if such information is not available at the time disclosure is required; provided, however, that an MSDS shall be submitted to the fire department within fifteen (15) days after receipt by the user. (Prior code § 14-12)

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8.16. 090 Disclosure of information to the public.

The fire department shall maintain files of all disclosure forms received, and subject to the provisions of Section 8.16.150 relating to trade secrets, these files shall be open to the public during normal business hours. (Prior code § 14-13)

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8.16. 100 Persons requesting access to disclosure forms--Record required.

A record of all persons who request access to the hazardous materials disclosure forms shall be kept. Such record shall include:

A. Name, address and telephone number of person(s) requesting access, type of identification used for verification of identity (i.e. CDL, picture ID);

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. Reason why person has requested such information. (Prior code § 14-14)

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8.16. 110 Information regarding hazardous waste.

Upon request, the health officer will make available to the fire department and emergency response personnel information regarding hazardous wastes, extremely hazardous wastes, and underground tanks, when such information has been obtained. (Prior code § 14-15)

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8.16. 120 Identification.

When required by the director of public safety, or the fire chief, areas containing hazardous materials shall be identified. Such identification may include signs, color coding, posting lists of materials and material safety data sheets, or other notice deemed necessary. (Prior code § 14-16)

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8.16. 130 Fees.

A. A fee to defray the cost of implementing and maintaining the hazardous materials program shall be set by resolution of the city council.

B. Any user who fails to file a business plan within the times specified in Section 8.16.060 shall pay a late filing fee, established by resolution of the city council. Such late filing fee shall be in addition to other regularly assessed fees, and shall be submitted with the business plan.

C. A fee to defray the cost of providing disclosure information to a requesting individual, business or governmental agency shall be set by resolution of the city council. (Prior code § 14-17)

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8.16. 140 Approved key box location.

When required by the director of public safety, the fire chief, or his authorized representative, any user 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 such key box shall be approved by the fire department. (Prior code § 14-18)

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8.16. 150 Trade secrets.

A user may designate some or all of the information on the disclosure form as a trade secret. As used herein, trade secret shall have the meaning given it by California Government Code, Section 6254.7 and California Evidence Code. Section 1060. Any information designated as a trade secret on the disclosure form, or otherwise obtained by the fire department or any of its employees, shall not be disclosed to anyone except:

A. To an officer or employee of the city, county of Los Angeles, 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;

B. To any persons under contract with the city and their employees if, in the opinion of the director of public safety or the fire chief, such disclosure is necessary and required for the satisfactory performance of a work contract;

C. To any physician when such information is deemed necessary to treat a patient.

For the purpose of this chapter, fire and emergency response personnel and county health personnel operating within the jurisdiction of the city shall be considered employees of the city. (Prior code § 14-19)

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8.16. 160 Trade secret information request--User notification.

When the fire department receives a request for release of information to the public, and the fire department has been notified by the user that such information is a trade secret, the fire department shall give the user written notice by certified mail of such request. The fire department shall release the information thirty (30) days after the date of mailing said notice unless prior to the expiration of the thirty (30) days, the fire department is informed that the user has instituted an action in a court of competent jurisdiction for declaratory relief that said information is subject to protection or has obtained an injunction to prohibit disclosure of such information to the general public. The provision of this section shall not permit a user to refuse to disclose information required to be disclosed under the provisions of this chapter. (Prior code § 14-20)

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8.16. 170 Violation--Penalty.

A. 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 chapter, and who wilfully discloses the information in any manner to any person not entitled to receive it, shall be guilty of a misdemeanor, and shall be subject to the provisions contained in subsection D of this section.

B. For the purposes of determining a violation, a contractor and any employee of such contractor who has been furnished information pursuant to the provisions of this chapter shall be deemed an employee of the city, and who knowingly and wilfully discloses such information, shall be guilty of a misdemeanor, and shall be subject to the provisions contained in subsection D of this section.

C. Any physician who has been furnished information or who has obtained information pursuant to Section 8.16.150 and who, knowing that the disclosure of the information is prohibited, knowingly and wilfully discloses the information, shall be guilty of a misdemeanor, and shall be subject to the provisions contained in subsection D of this section, unless such disclosure is necessary for the treatment of a patient or for the health and safety of the public.

D. Any person who violates or wilfully fails to comply with any provision of this chapter is guilty of a misdemeanor, and who upon conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a period of up to six months, or both such fine and imprisonment, and each person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. (Prior code § 14-21)

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