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HomeMy WebLinkAboutOrdinance 1510 (Disclosure of Hazardous Materials)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance No. 1510, entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 4.12 TO TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL RELATING TO DISCLOSURE OF HAZARDOUS MATERIALS" is a true and correct copy of an ordinance of said City, and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the fifth day of August, 1985, published as required by City Charter in the Independent Journal. Ordinance was amended and reintroduced at a regular meeting of the City Council of the City of San Rafael held on the third day of September, 1985, was published as amended, in the Independent Journal, a newspaper printed and published in the City of San Rafael, and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the sixteenth day of September, 1985 by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan WITNESS my hand and the official seal of the City of San Rafael this 19th day of September, 1985. JE E M. LEONCINI, City Clerk ORDINANCE NO. 1510 AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 4.12 TO TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL RELATING TO DISCLOSURE OF HAZARDOUS MATERIALS THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DISCLOSURE OF HAZARDOUS MATERIALS Section 4.12.010. Findings and Purpose. The Council hereby finds and declares that: A. Hazardous substances and hazardous wastes present in the community may pose acute and chronic health hazards to in- dividuals who live and work in the City, and who are exposed to such substances as a result of fires, spills, industrial accidents, or other types of releases or emission. B. The people who live and work in the City have a right and need to know information concerning the use and potential harmful effects of hazardous materials in the community in order to plan for and respond to exposure to such materials. C. Basic information on the location, type, quantity and the health risks of hazardous materials used, stored, and/or disposed of in the City is not now available to Fire Department personnel, health officials, law enforcement of- ficers, planners, elected officials, and residents. D. It is the intent of the Council that this ordinance 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. E. It is further the intent of the Council that the system of disclosure set forth in this ordinance shall provide the information essential to Fire Department personnel, health officials, law enforcement officers, planners, elected offi- cials, and residents in meeting their responsibilities for the health and welfare of the community in such a way that any statutory privileges concerning trade secrets are not abridged. '� tV A� M1 F, ORDINANCE NO. 1510 Section 4.12.020. Definitions. For the purpose of this ordinance, the following definitions shall apply: A. "Carcinogen" means a substance or agent which can cause cancer. For purposes of this section, carcinogens are chemi- cals for which there is sufficient evidence of carcinogenicity as specified in guidelines prepared by the International Agency for Research on Cancer and the National Cancer Institute and are listed on the list of hazardous substances established by the Director of Industrial Relations pursuant to Section 6380 of the Labor Code. B. "CAS number" shall mean the unique identification number assigned by the Chemical Abstracts Service to specific chemi- cal substances. C. "Chemical name" means the scientific designation of a sub- stance in accordance with the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service. D. "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. E. "Disclosure form" means the form and information submitted by the user or handler of hazardous materials to the Fire Chief or his designee. F. "EPA Waste Stream Code" means the identification number as- signed pursuant to the regulations of the U.S. Environmental Protection Agency to specific types of hazardous waste. G. "Establishment" shall mean a single business operation con- ducted on the same or contiguous parcels of property under the same ownership or entitlement to use. H. "Facility" means a building or buildings, appurtenant struc- tures, and surrounding land area used by a single business entity at a single location or site. I. "Hazardous Material" shall mean any of the following: 1. A hazardous substance; 2. A radioactive material; 2 f - ORDINANCE NO. 1510 3. A carcinogen; 4. A reproductive toxin; 5. A hazardous waste; or 6. Any material ordered added to the list of hazardous materials by the Fire Chief or his designee with the approval of the Council, based on a finding that the material, because of its quantity, concentration, or physical characteristics, pose a significant present or potential hazard to human health and/or safety or to the environment if released into the Community. J. "Hazardous substance" means any substance or product: 1. For which the manufacturer or producer is required to prepare a Material Safety Data Sheet ("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 Labor Code) or pursuant to any applicable federal law or regulation, or 2. Which is listed as a radioactive material set forth in Title 10, Chapter 1, of the Code of Federal Regulations as maintained and updated by the Nuclear Regulatory Commission. K. "Hazardous waste" means hazardous or extremely hazardous waste as defined by Sections 25115 and 25117 of the Health and Safety Code and set forth in Sections 66680 and 66685 of Title 22 of the California Administrative Code. L. "Handle" means to generate, treat, store, or dispose of a hazardous waste in any fashion. M. "MSDS" means Material Safety Data Sheet prepared pursuant to Section 6390 of the Labor Code. N. "Trade Secrets and Proprietary Information" shall have the meaning given to them by Section 6254.7 of the Government Code and Section 1060 of the Evidence Code, or any successor statutes enacted. O. "Hazardous class" means Explosives A, Explosives B, Explosives C, Blasting agents, Flammable liquids, Combustible liquids, 3 ORDINANCE NO. 1510 Flammable solids, Oxidizers, Organic peroxides, Corrosive materials, Flammable gases, Nonflammable gases, Poisons A, Poisons B, Irritating materials, Etiologic agents, Radioactive materials, Other Regulated Materials (ORM), A, B, C, D, and E. For purposes of this chapter, the U.S. Department of Transportation (DOT) definitions in 49 CFR Part 173 shall be utilized, however, whenever the definitions in 49 CFR 173 refer to transportation or hazards associated with transporta- tion, they shall be deemed to refer to storage handling or other regulated activity under this chapter. P. "Person" means an individual, trust, firm, joint stock com- pany, corporation, partnership, association, city, county, district of the State or any department or agency thereof. Q. "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leach- ing, dumping, or disposing into the environment. "Release" shall not mean the normal operation of pressure and/or tem- perature relief valves, nor any spill or leak wholly within the affected premises not exceeding the amounts in Section 4.12.040 E. 4. R. "Reproductive toxins" means a substance or agent which can affect reproductive functions causing birth defects, spon- taneous abortions, impaired spermatogenesis, reduced fertility and/or intrauterine growth retardation, and appears on the list of hazardous substances prepared by the Director of Industrial Relations pursuant to Section 6380 of the Labor Code. S. "Sensitive hazardous materials" means hazardous materials recognized by the Fire Chief which, if deliberately misused, would present an imminent threat to public health and safety. T. "SIC Code" means the identification number assigned by the Standard Industrial Classification Code to specific types of businesses. U. "Use" includes the handling, processing, or storage of a hazardous substance. V. "Sump" means a pit or well in which liquids collect. 4 ORDINANCE NO. 1510 W. "Storage facility" means any one or combination of tanks, sumps, wet floors, waste -treatment facilities, pipes, vaults or other portable or fixed containers, used, or designed to be used, for the storage of hazardous materials at a facility. X. "User" means any person who uses a hazardous substance or handles a hazardous waste. Section 4.12.030. Designation of Hazardous Material. A. A material may be added to the list of hazardous materials set forth in Section 4.12.020 I. of this ordinance upon a finding by the Fire Chief or his designee that it satisfies the fol- lowing 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 or his designee. C. Any material added to the list of hazardous materials by the Fire Chief shall be set forth in the form of an addendum, adopted by resolution of the City Council. Section 4.12.040. Filing hazardous materials disclosure forms/permit. A. Any person who uses or handles a hazardous material shall annually, or more frequently at the discretion of the Fire Chief, submit a completed disclosure form/permit as follows: 1. Any person required to submit an application for a business license, at the time of filing a business license application or renewal, shall also file a disclosure form/permit with the Fire Department. 2. Any person not required to obtain a business license who uses or handles hazardous materials at a facility or site shall submit a completed disclosure form/permit to the Fire Chief on or before January 2 of each year. 3. If at the time specified in 1. or 2. above there have been no changes in the types or quantities of Hazardous 5 ORDINANCE NO. 1510 Materials used or stored the submittal may be in the form of a letter to that affect. B. An amendment to the disclosure form/permit shall be filed fifteen (15) days prior to any of the following changes: 1. Change of business address; 2. Change of business ownership; 3. Change of business name. C. An amendment to the disclosure form/permit shall be filed within fifteen (15 ) days subsequent to any of the following changes: 1. A change in the quantity of a previously reported hazardous material that exceeds an increase of 50 percent or more of such material; or an increase that exceeds the minimal reporting levels in subsection E. below. 2. The use or handling of a previously unreported hazardous material; or 3. A change in the name, title, or telephone number of persons available to assist in emergency responses. D. The amendment to the disclosure form/permit as required by subsections B. and C. of this section shall contain only new information or information about a specific change and shall not require the resubmittal of an entire disclosure form/permit. E. Exemptions to Disclosure. 1. A substance designated as a hazardous substance by this division solely by its presence on the Nuclear Regulatory Commission list of radioactive materials, shall be exempt from the requirement that these materials be listed on the disclosure form. 2. Hazardous substances contained only in consumer products packaged for distribution to, and used by, the general public shall be exempt from disclosure under this section. 3. Any person using or handling hazardous materials in ag- gregate amounts not exceeding 100 pounds solids and/or 55 gallons liquid, and/or 1500 cubic feet of a gaseous 0 ORDINANCE NO. 1510 material at a standard temperature and pressure in any month in one location, shall be exempted from the require- ment of disclosure of that use or handling unless the Fire Chief or his designee upon approval by the Council has provided notice that he or she has changed the weight or volume limits of this exemption for a specific class of acutely or extremely hazardous materials in response to public health concerns. Known carcinogens or reproductive toxins of any quantity shall not be exempted pursuant to this subsection unless used or intended to be used for medical or therapeutic purposes. 4. Any single hazardous material not exceeding 5 pounds or 1 gallon liquid is exempt from disclosure even if a HMMP is required due to non-exempt quantities in 3. above. 5. Any business engaged exclusively in the following types of operation shall be exempt from disclosure. (a) Retail gas stations and other repair facilities whose usage of hazardous materials is limited to gasoline, diesel, and related automotive use products. (b) Liquified petroleum gas installations regulated by Article 82 of the Uniform Fire Code. (c) Businesses whose sole use of hazardous materials is limited to the use of non-flammable compressed gases to carbonate soft drinks, fill balloons, fill fire extinguishers or similar uses as approved by the Fire Chief. (d) Retail stores dealing solely with latex paint sales. Section 4.12.050. Contents of Disclosure Forms/Permit. The disclosure form/permit shall include the following: A. A listing of the chemical name and any common name of each carcinogen or reproductive toxin used by the person completing the disclosure form. B. A listing of the chemical name, any common names, and the CAS number, if available, of every hazardous substance used by the person completing the disclosure form; 7 ORDINANCE NO. 1510 C. The EPA Waste Stream Code of every hazardous waste handled by the person completing the disclosure form; D. The maximum amount of each hazardous material disclosed pur- suant to this subsection, which is handled or used at any one time by the user over the course of a year; E. Upon request, and if available, the MSDS for the hazardous substance used by the person completing the disclosure form; F. Sufficient information on how the hazardous materials disclosed pursuant to this section 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; G. Sufficient information on any releases of the hazardous materials disclosed pursuant to this section into the air, water, sewers, or land to permit the City to understand the sources and content of hazardous material releases; H. The file code of the business, if applicable; I. The name and telephone number of the person representing the business and able to assist emergency personnel in the event of an emergency involving the business during non- business hours; and J. The standardized disclosure form/permit shall be designated so that any information designated by the user as a trade secret will be on a separate form or page from information which is not protected under the trade secret provisions of Section 4.12.120 of this chapter. Section 4.12.060. Administrative Procedures: Disclosure of Information. A. Upon the receipt of a disclosure form/permit, the Fire Department shall ensure that the name and address on the form are correct. B. The Fire Department shall maintain files of all disclosure forms/permit received. Subject to the provisions of Section 4.12.120 of this chapter relating to trade secrets, such files shall be open to the public during normal business hours. The disclosure forms/permit shall be filed by street address. L-11 ORDINANCE NO. 1510 C. The Fire Department shall keep a record of all persons who request access to the hazardous materials disclosure forms/permit. The record shall include: 1. The person's name, address, and telephone number; 2. The name and address of the person, business, or governmental agency such person represents; and 3. The identity of the specific files examined or requested to be copied. D. Such files are released pursuant to the California Public Records Act (Section 6250 et seq. of the California Government Code) on a strict right to know basis. This chapter, however, seeks to protect the actual location of the chemicals on the site from public disclosure pursuant to Section 6255 of said Government Code because such disclosure may pose a threat to the security of the facility. In the event of a request for access to disclosure records the Fire Department shall: 1. Assure that information shall be disclosed only to those people who live in or have a place of business in the City of San Rafael. 2. The Fire Department shall take ten (10) days to verify the applicant's identity prior to permitting the review of disclosure forms/permit. 3. The Fire Department shall forward the request for access to the affected business owner, who shall be responsible for responding to the Fire Department with any concerns within the 10 day waiting period. E. In situations involving potential or actual exposure to a hazardous material the Fire Chief shall within two (2) working days of the exposed person's or his/her physician's request, examine the records of any establishment from which or within which the hazardous material may have escaped containment. The Fire Chief shall release the information contained in the Disclosure Form/Permit to the requesting person within five (5) working days of the person's request consistent with the requirements of Section 4.12.120 of this ordinance. In the event of a medical emergency resulting from a hazardous Vj ORDINANCE NO. 1510 maiterial exposure, the Fire Chief shall take all measures necessary to obtain the information immediately. F. In situations involving non -imminent public health concerns, or requests for large amounts of information, the Fire Chief shall provide the information within a reasonable period of time, given the nature and extent of the request. Sectio 4.12.070. Additional Reporting. A. Upton request, all users shall provide information in addition 1. 2. that required in the disclosure form/permit filed pursuant Section 4.12.040 of this chapter as follows: To the Fire Department any information determined by the Fire Department to be necessary to protect the public health, safety, or the environment; All accidental spills shall immediately be reported to the Fire Department which shall notify, if necessary, the appropriate Federal, State, or local agency. The person reporting the spill shall advise the Fire Department of the material's scientific and common names and what cleanup procedures have already occurred. Nothing in this section shall exempt the reporting person, business, or the like from the reporting requirements of spills under the provisions of Federal and State laws; and 3. To any physician where the physician determines that such information is necessary to the medical diagnosis and/or treatment of a patient under his or her care. B. Any additional information furnished under subsections 1. and 3. of subsection A. of this section shall be subject to Section 4.12.120 of this chapter. Section 4.12.080. Hazardous Materials Management Plan. Each applicant for a permit pursuant to this chapter shall file a written plan, for Fire Department approval, to be known as a Hazardous Materials Management Plan (HMMP), which shall demonstrate the safe storage and handling of hazardous materials. The HMMP may be amended at any time with the consent of the Fire Department. The HMMP shall be a public record except as otherwise specified. 10 ORDINANCE NO. 1510 Section 4.12.090. Standard Form HMMP. A standard form HMMP must be submitted to the Fire Department for approval of a permit hereunder, unless the facility at which any hazardous material is to be stored qualifies as a minimal storage site under Section 4.12.100. Such standard form HMMP shall in- clude the following data: A. Facility Description: 1. General Information: The HMMP shall contain the name and address of the facility, and business phone number of the applicant, the name and title and business phone number of the respon- sible official, number of employees, number of shifts, hours of operation, and principal business activity. 2. General Facility Description: The HMMP shall contain a map drawn at a legible scale and in a format and detail determined by the Fire Department. It shall show the location of all buildings and struc- tures, chemical loading areas, parking lots, internal roads, storm and sewer drains and shall specify the uses of adjacent properties. The Fire Department may also require information as to the location of wells, flood plains, earthquake faults, sur- face water bodies, general land uses (schools, hospitals, institutions, residential areas) within one mile of the facility boundaries. 3. Facility Storage Map: (a) The HMMP shall contain a Facility Storage Map at a legible scale for licensing and enforcement purposes. The information in this Section is provided for pur- poses of ensuring the safe and secure handling of hazardous materials and for the protection and safety of emergency response personnel of the City. The City shall take precautions to ensure the confidentiality of the information provided pursuant to this subsection. 11 ORDINANCE NO. 1510 The Facilities Storage Map shall indicate the location of each hazardous materials storage facility, includ- ing all interior, exterior, and underground storage facilities, and access to such storage facilities. In addition, the map shall indicate the location of emergency equipment related to each storage facility, and the general purpose of the other areas within each facility. For each storage facility, the map shall contain information as prescribed below, except that where the material being stored is a trade secret, it shall be identified in a coded manner (together with its key), and not in a manner which would reveal trade secret information; (b) a floor plan to scale and the permit quantity range number; (c) for each nonwaste hazardous material which is stored in a quantity greater than seventy-five hundred (7500) cubic feet at standard temperature and pressure (STP) for compressed gases, greater than two hundred seventy-five (275) gallons for liquids, or greater than five hundred (500) pounds (lb.) in weight for solids, the general chemical name, common/trade name, major constituents for mixtures, United Nations (UN) or North America (NA) number, if available, and physi- cal state. For each waste hazardous material stored in any quantity within the storage facility, the presence of wastes shall also be indicated; (d) for all hazardous materials, including wastes, stored in each storage facility, the hazard class or classes and the quantity range for each such class, aggregated within each storage facility, in the following ranges: 12 ORDINANCE NO. 1510 Quantity Range Number Range Amounts 1 Up to and including 500 pounds for solids, 275 gallons for liquids, and 7500 cubic feet at STP of a compressed gas; 2 Between 500 and 5,000 pounds for solids, 275 and 550 gallons for liquids, and between 7500 and 10,000 cubic feet at STP of a compressed gas; 3 Between 5,000 and 25,000 pounds for solids, 550 to 2,750 gallons for liquids, and 10,000 to 15,000 cubic feet at STP for compressed gas; 4 Between 25,000 and 50,000 pounds for solids, 2,750 and 5,500 gallons for liquids, and between 15,000 and 20,000 cubic feet at STP for compressed gas; 5 More than 50,000 pounds for solids, 5,500 gallons for liquids, and 20,000 cubic feet at STP of a compressed gas; (e) for materials not regulated under this chapter, but regulated under the Uniform Fire Code, such as radioactives or cryogens, the Fire Department may require that the hazard class or classes, and the quantity range of each such hazard class, using the quantity ranges listed in subsection (c) above, be provided; (f) for tanks, the capacity limit of each tank, and the hazardous material contained in each tank by general chemical name, common/trade name, major constituents for mixtures, United Nations (UN) or North America (NA) number, if available, and physical state. 4. The Facility Storage Map shall be updated annually or whenever an additional approval is required for the facility. B. Security Precautions: 1. The HMMP shall contain a description of the security precautions which will be utilized to prevent the unknow- ing or unauthorized entry of persons or animals into the storage facilities. The Fire Department shall take precautions to ensure the confidentiality of the informa- tion provided pursuant to this subsection. 13 OP,DINANCE NO. 1510 2. Due to the potential threat of sabotage posed by the disclosure of this information, this information shall be maintained by Fire Department for law enforcement purposes only and shall not be made public. Public disclosure of this information could endanger the security of the facility and present a clear danger to public health and safety. The Fire Department shall not disclose this information to the public without the consent of the permittee or permit applicant and the City Council unless ordered to do so by a court of competent jurisdiction. Permittee or permit applicant shall be deemed a real party in interest in any such action. Prompt notice of a law- suit to compel disclosure shall be given by the Fire Department to permittee or permit applicant. C. Hazard Labeling and Warning Signs: The HMMP shall contain a plan to provide warning markings on containers, storage areas, storage structures, surrounding fences, gate, and access ways, acceptable to the Fire Department. D. Insurance Liability and Cost Recovery Protection: The HMMP shall list amount and type of the financial respon- sibility instruments carried by the applicant. E. Facility Inspection: 1. Inspection and Record Keeping: The HMMP shall contain a schedule and procedures for inspecting each storage facility and its related monitor- ing, safety, and emergency equipment, security devices, and operating and structural equipment. The HMMP shall contain a written inspection procedure acceptable to Fire Department for inspecting the storage facility for malfunctions and deterioration, operators' errors, poor housekeeping practices, and unauthorized discharges of hazardous materials. These inspections must be scheduled at appropriate frequencies approved by the Fire Department and must be recorded in an authorized checksheet or log to be maintained for three (3) years from the date of the inspection. 14 ORDINANCE NO. 1510 F. Employee Training: The HMMP shall contain a summary of the applicant's employee training program designed to be appropriate to the types and quantities of hazardous materials stored or used in order to prepare employees to safely handle hazardous materials on a daily basis and during emergencies, including: 1. Instruction in safe storage and handling of hazardous materials; 2. Instruction in emergency procedures for leaks, spills, fires or explosions including shut -down of operations; 3. Record keeping procedures for documenting training given to employees. G. Emergency Equipment: The HMMP shall describe emergency equipment availability, testing, and maintenance to assure that it is adequate and appropriate for potential emergencies presented by the stored hazardous materials. H. Contingency Plan: The HMMP shall contain a contingency plan which describes the procedures which facility personnel must take in response to fires, explosions, or any unauthorized discharge of hazardous materials. The HMMP shall provide an assurance that simplified emergency procedures shall be provided to each employee who deals with hazardous materials and posted in conspicious locations where the regulated hazardous materials are stored or handled outside of the manufacturing process of the facility. If the permittee or permit applicant has already prepared an approved contingency plan in accordance with California Department of Health Services and/or federal regulations, that plan, or relevant portions thereof, may be submitted in lieu of the contingency plan. The contingency plan must include the name, business address and emergency telephone number of the primary emergency response person and an alternate, the list of emergency 15 ORD-INANCE NO. 1510 equipment, an evacuation plan, and a list of emergency assis- tance numbers to be called. I. Amendment of Continqencv Plan: The contingency plan must be reviewed, and amended, if neces- sary, as soon as is reasonable, whenever: 1. Applicable regulations are revised; 2. The plan fails in an emergency; 3. The facility is changed in any significant aspect of its design, construction, operation, maintenance, or other circumstance, which materially increases the potential for fire, explosion, or unauthorized discharge of hazardous materials or which significantly affects the response necessary in an emergency; 4. The list of emergency response personnel changes; or 5. The list of emergency equipment changes. J. Closure Plan. The HMMP shall contain a closure plan which describes proce- dures for terminating the storage of hazardous materials in each storage facility in a manner that: 1. Minimizes the need for further maintenance; and 2. Controls to the extent that a threat to public health or safety or to the environment from residual hazardous materials in the storage facility is minimized or eliminated; and 3. Demonstrates that hazardous materials that were stored in the storage facility will be removed, disposed of, neutralized, or reused in an appropriate manner. K. Variation in Information. 1. Additional information may be required by the City for the HMMP where such information is reasonably necessary to meet the intent of this chapter. 2. Requirements for information in the HMMP may be waived where such information is not reasonably necessary to meet the intent of this chapter. 3. Whenever permittee has submitted a plan which includes substantially the same information as is required for any component(s) of the HMMP to any other public agency 16 ORDINANCE NO. 1510 regulating hazardous materials, such plan may be submitted to the Fire Department in lieu of such component(s). The Fire Department shall examine such plan and approve or reject it. Section 4.12.100. Short Form HMMP - Minimal Storage Site. A. A facility shall qualify as a minimal storage site if the quantity of each hazardous material stored in one or more storage facilities is 500 pounds or less for solids, 275 gallons or less for liquids or 7500 or less cubic feet at STP for compressed gases. B. The applicant for a permit for a facility which qualifies as a minimal storage site may opt to file the short form Hazardous Material Management Plan. Such plan shall include the follow- ing components: 1. General application information; 2. A simple line drawing of the facility showing the location of the storage facilities and indicating the hazard class or classes and physical state of the hazardous materials being stored and whether any of the material is a waste; 3. Information describing that the hazardous materials will be stored and handled in a safe manner and will be ap- propriately contained, separated and monitored; 4. The amount and type of financial responsibility instru- ments carried by the applicant. 5. Assurance to the reasonable satisfaction of City that: (a) Security precautions have been taken; (b) Employees have been appropriately trained to handle the materials and to react to emergency situations; (c) Adequate labeling and warning signs are posted; (d) Adequate emergency equipment is maintained; (e) The disposal of any hazardous materials will be in an appropriate manner. Section 4.12.110. Emergency Response Information. A. Each establishment shall provide the Fire Chief with a list of names, addresses, and phone numbers (office and home) of all persons qualified and authorized to act as an emergency contact. 17 ORDINANCE NO. 1510 B. All emergency response information submitted or made available to the Fire Chief pursuant to this section, shall be kept confidential and shall not be disclosed to the public unless required by compelling circumstances constituting an imminent danger to public health. The Council hereby finds and declares that this information, were it accessible to the general public, could be potentially used to sabotage, destroy, or otherwise damage industrial facilities. The Council further declares pursuant to Government Code Section 6255, that the public interest served by not making such information public, clearly outweighs the public interest served by disclosure of such information. Section 4.12.120. Trade Secret. A. If a user believes that a request for information in the disclosure form involves the release of a trade secret, the user shall stamp, mark or designate the information as a trade secret and shall submit the information requested to the Fire Chief. B. The Fire Chief shall protect from disclosure any and all trade secrets coming into his possession, as defined in subsection (d) of Section 6254.7 of the California Government Code and Section 1060 of the Evidence Code, when requested in writing by the user. C. Any information reported to or otherwise obtained by the Fire Chief, or any of his representatives or employees, which is exempt from disclosure pursuant to subdivision (B), shall not be disclosed to anyone except an officer or employee of the City, the County, 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, the County and their employees, if in the opinion of the Fire Chief such disclosure is necessary for the satisfactory performance of their duties. D. Information contained on the Disclosure Form shall be released to any Physician where the same determines such information is necessary to the medical treatment of a patient. 18 ORDINANCE NO. 1510 E. 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. F. Information certified by appropriate officials of the United States, as necessarily kept secret for national defense pur- poses, shall be accorded the full protection against disclosure as specified by such official or in accordance with the laws of the United States. G. The Fire Chief, in consultation with the City Attorney, upon his own initiative or upon request for release of information designated as a trade secret by a user, shall determine whether any or all of the information sought is properly designated as a trade secret. H. If the Fire Chief determines that the information is not a trade secret, the Fire Chief shall notify the user by cer- tified mail. I. The user shall have fifteen (15) days after receipt of notification to provide the Fire Chief with a statement of the grounds on which the trade secret privilege is claimed. This statement shall be submitted by certified mail. J. The Fire Chief shall determine whether such information is protected as a trade secret within fifteen (15) days after receipt of the user's statement or, if no statement is sub- mitted, within thirty (30) days of the original notice. The Fire Chief shall notify the user and any party who has re- quested the information of his determination. The final notice shall also specify a date, not sooner than fifteen (15) days after the date of mailing of the final notice, when the information shall be made available to the public. K. Prior to the date specified in the final notice, a user may institute a legal proceeding in an appropriate court for a declaratory judgment as to whether such information is subject to protection as a trade secret and the information shall not be disclosed pending final judgment in such action. 19 ORDINANCE NO. 1510 Pursuant to this section, the user and the public requesting the information shall be considered the real parties in inter- est in any legal action, and the City, if named, will be a disinterested party. The user shall hold harmless, defend, reimburse, and indemnify (including payment of the City's attorney fees) the City and its employees from and against any claims or litigation filed as a result of or in conjunction with the trade secret provisions of this chapter. L. The provisions of this section shall not permit a user to refuse to disclose information required pursuant to this division to the Fire Chief. M. In situations involving extremely sensitive materials, e.g. those involved in national defense work, which are normally protected by elaborate security systems, the Fire Chief may issue a variance to omit the listing of certain hazardous substances from the disclosure form to protect such informa- tion from inadvertent disclosure, provided that the user satisfies the following requirements: 1. The user must demonstrate to the satisfaction of the Fire Chief that there is the potential for misuse if the haz- ardous substances or information regarding them are made public. 2. The user must indicate on the appropriate place on the disclosure form that a hazardous substance is being omitted from the form. 3. The user must provide the following information from the MSDS for each hazardous substance omitted: fire and explosive hazard data, health hazard data, reactivity data, spill or leak procedures, special protection infor- mation, and special precautions. 4. The user must agree to an inspection of all facilities by the Fire Chief to insure that all hazardous materials are being handled in a safe manner. 5. The user must make provisions to allow for immediate independent 24-hour access to the hazardous materials records of the establishment by the Fire Chief. 20 r- OALftNANCE NO. 1510 t^ � 6. The user must establish to the Fire Chief's reasonable satisfaction that an emergency coordinator will be avail- able on a 24-hour basis to supply information on hazardous materials at the establishment to the Fire Chief. 7. The user must keep at least one listing of hazardous substances omitted from the disclosure form at a separate location from the establishment. 8. The user may be required to pay a fee in an amount set forth in Section 4.12.130. N. Any officer or employee of the City, or former officer or employee, who by virtue of such employment or official posi- tion has obtained possession of or has access to material the disclosure of which is prohibited by this section, and who knowing that disclosure of the material is prohibited, kn- owingly and willfully discloses the material in any manner to any person known not to be 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 informa- tion 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 ob- tained information pursuant to this chapter and who, knowing that the disclosure of the information is prohibited, kn- owingly and willfully discloses the information shall be guilty of a misdemeanor. 0. The Council finds and declares, pursuant to the Government Code Section 6255, that the public interest served by not making information regarding trade secrets and sensitive hazardous materials public clearly outweighs the public inter- est served by disclosure of such information except as otherwise provided by this section. Section 4.12.130. Fees. Fees shall be charged based on the following only: A. Regulated Business. If an inspection is required by the City of San Rafael Fire Prevention Bureau due to non-compliance PAI ORDINANCE NO. 151u with this ordinance, a fee shall be charged based on the salary of the official making the inspection and the number of hours spent on the project. The fee shall only be charged after an initial inspection and one re -inspection has been done by fire suppression companies. B. Persons Requesting Disclosure. Persons requesting information pursuant to Section 4.12.060C. shall be charged for said information based on the direct costs to the City. Section 4.12.140. Enforcement Officer - Authority - Inspection. The Fire Chief, or his designee, is authorized and empowered to enforce the provisions of this ordinance and to inspect such activities as are regulated in this chapter for the purpose of determining compliance with this chapter. No person shall obstruct or interfere with the Fire Chief or his designee(s) in his performance of these duties. The Fire Chief shall be em- powered to issue citations for violations of this division. Section 4.12.150. Violations: Penalties. Any person who knowingly and willfully violates any of the provi- sions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred and no/100ths (500.00) Dollars, or by imprisonment in the County Jail for not more than six (6) months, or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed or continued by such person. Section 4.12.160. Severability If any section, subsection, sentence, clause, or phrase of this division is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such deci- sion shall not affect the validity of the remaining portions of the division. The Council hereby declares that it would have passed each and every section, subsection, sentence, clause, or 22 ORDINANCE NO. 1510 phrase not declared invalid or unconstitutional without regard to whether any portion of this division would be subsequently declared invalid or unconstitutional. Section 4.12.170. This ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. Attest: •.fix-{+ ,.,,�.� J N1�E M. LEONCII, City Clerk DOROTHY L eREINER, Vice Mayor The foregoing Ordinance No. 1510 was read and introduced at a Regular meeting of the City Council of the City of San Rafael, held on the 5th day of August , 1985, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli was amended and reread and reintroduced at a regular meeting of the City Council of the City of San Rafael, held on the 3rd day of September , 1985, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan and will come up for adoption as an Ordinance of the City of San Rafael at a Regular meeting of the Council to be held on the 16th day of September , 1985. JEA l LEONCINI, City C erk 23