Ordinance No. 7544 a
ORDINANCE NO. 754
AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA,
ADDING ARTICLE IV TO CHAPTER 12 OF
THE CODIFIED ORDINANCES OF THE CITY OF CYPRESS
RELATING TO HAZARDOUS MATERIALS DISCLOSURE
The City Council of the City of Cypress, California, does
ordain as follows:
"Sec. 12 -25. Intent an Purpose .
The City Council finds and declares that:
a. Emergency service personnel in the City have a 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;
b. Basic information on the location, type and the health
risks of hazardous materials used or stored in the City is not
now available to firefighters, health officials, planners,
elected officials and other emergency response personnel;
c. It is intended that the system of disclosure set forth
in this Article shall provide that 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 fashion that trade secrecy is not abridged;
d. It is further intended that this Article implement the
community's right and need for basic information on the use and
disposal of hazardous materials in the City and provide for an
orderly system for the provision of such information.
Sec. 12 -26. Definitions.
For the purpose of this Article the terms listed in this
Section shall be defined as follows; provided, however,
references to statutes or regulations in existence at the time
this Article is adopted shall also include references to such
statutes or regulations as they may be amended or changed in
the future:
a. "Carcinogen" refers to a substance which causes
cancer. For purposes of this Article, 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.
b. "CAS number" means the unique identification name as
assigned by the Chemical Abstracts Services to specific
chemical substances.
c. "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.
d. "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.
e. "County" means County of Orange, a political
subdivision of the State of California.
f. "Director of Fire Services" means the Director of Fire
Services for the County.
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g. "Disclosure form" means the written request for
information prepared pursuant to Sections 12 -28 and 12 -29.
h. "Handle" means to generate, treat or dispose of a
hazardous material in any fashion.
i. "Handler" means any person who handles a hazardous
substance.
j. "Hazardous material" means any substance or hazardous
waste as defined in subdivisions (k) or (1) in this Section, or
any material designated pursuant to Section 2.
k. "Hazardous material" means any substance or product:
1. 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
2. Listed in Section 25316 of the Health and Safety
Code; or
3. Which is listed as a radioactive material set
forth in Chapter 1, Title 10, Appendix B, Code of
Federal Regulations; or
4. Which is listed as a legal carcinogen from the
California Administrative Code, Title 8,
Subchapter 7, Group 16 and those substances
specified in item (a) of this Section; or
5. Which the Director of the Department of Food and
Agriculture classifies as pesticides; or
6. Which the EPA classifies as priority organic
pollutants.
1. "Hazardous waste" or "extremely hazardous waste" means
any material that is identified in:
1. Sections 25115 or 25117 of the California Health
and Safety Code as set forth in Section 66680 and
66684 of Title 22 of the California
Administrative Code; or
2. The Code of Federal Regulations, Title 40,
Sections 261.31- 261.33.
m. "Health Official" means the Health Officer of the
County or Orange or his deputy.
n. "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.
o. "Person" means an individual, trust, firm, joint stock
company, corporation, partnership or association.
p. "Physician" means any person who holds a valid
certificate from the State of California to practice the
healing arts.
q. "SIC code" means the identification number assigned by
the Standard Industrial Classification code to specific types
of businesses.
r. "Storage" or "storing" means the containment of
substances or materials in such manner as not to constitute
disposal of such substances or materials.
s. "Use" includes the handling, processing or storage of
a hazardous substance.
t. "User" means any person who uses a hazardous substance
or handles a hazardous waste.
Sec. 12 -27. Additional Designation of Hazardous Materials.
A substance may be deemed a hazardous material or hazardous
waste upon a finding by the Director of Fire Services that the
substance, 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. The Director of
Fire Services may use the Uniform Fire Code published by the
Western Fire Chiefs to assist in requiring the types and
amounts of such substances to be disclosed.
Sec. 12 -28. Filing of a Hazardous Material Disclosure Form.
a. 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 Orange County Fire
Department.
b. 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 Orange County
Fire Department within thirty (30) days of becoming a user or
handler. Thereafter any such user or handler shall comply with
the provisions of Section 12- 28(a).
c. The Orange County Fire Department may, upon thirty
(30) days written notice, require the submittal of a disclosure
form of any user or handler.
d. Any person required to submit a disclosure form
pursuant to this Section shall file with the Fire Department of
Orange County an updated disclosure form within fifteen (15)
days of any of the following:
1. A change in business address.
2. A change in business ownership.
3. A change of business name.
4. Cessation of business operations.
5. The use or handling of a previously undisclosed
hazardous material.
6. A significant change in the use or handling of a
hazardous material for which disclosure has been
previously made.
Sec. 12 -29. Required Disclosure Form.
a. The disclosure form shall be developed by the Director
of Fire Services, and shall include, but not be limited to, the
following:
1. A copy of the MSDS for every hazardous material
used by the person completing the disclosure form
as required by the Fire Department.
2. CAS number as may be required by the Fire
Department.
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3. SIC code as may be required by the Fire
Department.
4. U.N. identification number as may be required by
the Fire Department.
5. A listing of the chemical name and any common
names of every hazardous material used by the
person completing the disclosure form.
6. 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.
7. Specific information on how and where the
hazardous materials are handled or used by the
user so as to allow fire and safety personnel to
prepare adequate emergency response plans to
potential releases of the hazardous materials.
8. The names and phone numbers of at least two (2)
persons representing the business and who would
be able to assist emergency personnel in the
event of an emergency involving the business
during business and non - business hours.
9. 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.
b. Upon request all users must provide the following
information:
1. To the Fire Department, any information
determined by the Fire Department to be necessary
to protect the public health, safety or the
environment.
2. To any physician, where the physician determines
that such information is necessary to the medical
treatment of his or her patient.
Sec. 12 -30. Exemptions From Disclosure.
a. The following materials or persons are exempt from the
disclosure requirements of Section 12 -28:
1. 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.
2. Hazardous materials or substances contained in
food, drug, cosmetic or tobacco products.
3. Any person using or handling less than 500 pounds
or 55 gallons per year, whichever is the lesser,
of a hazardous material shall be exempted from
the requirement of disclosure of 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 has
been lowered in response to public health
concerns or to meet the intent and requirements
of the Uniform Fire Code.
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4. Hazardous materials contained solely in consumer
products packaged for use by and distributed to
the general public unless the product is
repackaged or altered in any way; provided
however, the manufacture and distribution of
these products are not exempt.
5. Any person, while engaged in the transportation
of hazardous materials, including storage
directly incident thereto, provided that such
materials are accompanied by shipping papers
prepared in accordance with the provisions of 49
Code of Federal Regulations, Subchapter c, as now
in existence or as hereafter amended or changed.
6. Infectious waste generated by hospitals, medical
centers, clinics and other health care facilities
that are regulated under Title 22 of the
California Administrative Code.
b. The exemptions contained in this Section 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.
c. No MSDS shall be required for any hazardous material
for which an MSDS is not available at the time disclosure is
required, however, that such MSDS shall be submitted to the
Fire Department within fifteen (15) days after receipt by the
user of the MSDS.
Sec. 12 -31. Information Regarding Hazardous Waste.
The Health Official will make information available to fire
departments and emergency response personnel, upon request,
regarding hazardous wastes, extremely hazardous wastes, and
underground tanks, when the information is obtained by the
Health Official.
Sec. 12 -32. Identification of Areas.
a. When required by the Director of Fire Services, work
areas in which any person uses or handles hazardous materials
shall be identified as such by such measures as the Director of
Fire Services may specify including, but not limited to, signs,
color coding, posting lists of material and MSDS or other
notices.
b. When required by the Director of Fire Services, 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 as designated by the Director of Fire
Services.
Sec. 12 -33. Fees.
The City Council may establish by resolution a schedule of
fees to be paid by persons subject to this Article which is
sufficient to cover the costs of administration resulting from
this Article.
Sec. 12 -34. Trade Secrets.
a. A user may designate some, or all, of the information
on the disclosure form as a trade secret. Any information
designated as a trade secret contained on the disclosure form
shall not be disclosed to anyone except:
1. An officer or employee of a governmental entity
in connection with the official duties of such
officer or employee under any law for the
protection of health.
2. Contractors of governmental entities when, in the
opinion of the Director of Fire Services,
disclosure is necessary and required for the
protection of health and the performance of a
contract.
3. Any physician where the physician determines that
such information is necessary for the medical
treatment of his or her patient.
b. 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 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 in violation of this Section. For purposes of determining a
violation of this Section, a contractor who has been furnished
information pursuant to this Section shall be deemed an
employee of the City. Any physician who has been furnished
information or who has obtained information pursuant to this
Section and who, knowing that disclosure of the information is
prohibited, knowingly and willfully discloses this information,
shall be in violation of this Section.
c. 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 release the information thirty
(30) days after the day of mailing said notice, unless, prior t
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 (b)
of this Section and /or an injunction prohibiting disclosure of
said information to the general public.
d. The provisions of this Section shall not permit a user
to refuse to disclose information required to be disclosed
pursuant to this Ordinance.
Sec. 12 -35. Rules and Regulations.
The Director of Fire Services shall make such rules and
regulations as may be necessary to implement this Article,
including, but not limited to, the maintenance of a
comprehensive list of substances which would be classified as
hazardous materials under this Article.
Sec. 12 -36. Violations.
Any violation of the provisions of this Article shall be a
misdemeanor.
SECTION 2. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the
application thereof to any person or place, is for any reason
held to be invalid or unconstitutional by the decision of any
court of compentent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance
or its application to other persons or places. The City
Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision, sentence,
clause, phrase or portion thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions, or the application
thereof to any person or place, be declared invalid or
unconstitutional.
SECTION 3. The City Clerk is hereby authorized and
directed to certify as to the passage of this Ordinance and to
give notice thereof by causing copies of this Ordinance to be
posted in three public places throughout the City.
FIRST READ at a regular meeting of the City Council of said
City held on the 9th day of December 1985, and finally
adopted and ordered posted at a regular meeting held on the
13th day of January 1986.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
TY/OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Ordinance was duly adopted at
a regular meeting of the said City Council held on the 13th
day of January 1986, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK F THE 1zITY OF CYPRESS