HomeMy WebLinkAbout1982-12-21; City Council; 7242; ADOPTION, BY REFERENCE, OF COUNTY ORDINANCES RELATING TO HAZARDOUS WASTES AND HAZARDOUS MATERIALS DISCLOSURECIT~JF CARLSBAD - AGEND~LL Y" ..
ADOPTION, BY REFERENCE, OF COUNTY ORDINANCES Df
RELATING TO HAZARDOUS WASTEiS AND HAZARDOUS
.!? 2 MATERIALS DISCLOSURE 7 2 4
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Set public hearing date for Ordinance No. $3Co~ , adopting by referei
County of San Diego ordinance relating to hazardous wastes and hazardoi
materials disclosure.
The ordinances proposed for adoption by reference deal with the contro
monitoring of hazardous materials waste products and with the disclosu
storage and use of hazardous materials. The County of San Diego has a1
these ordinances and adoption by the City of Carlsbad will enable enfo 4 z of the ordinances by the County Health Department within the city limi, a 5 The purpose of the ordinace is to control the disposal of hazardous mat
Ti' waste. The disclosure of the storage and use of hazardous materials ?z
means toward that end. The permit fees will be used to fund the hazarc
unit of the County Health Department. This unit will be ultimately av:
to assist local agencies with any situation they might encounter involi
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Annual permit fees to the City of not more than $250.
private industry should not exceed $300, No other financial impact to
is expected.
to develop a disclosure list and any costs to corrlxt existing illegal
Annual permit fe
Indirect impacts to private companies could be the man hc
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3 c: 8" c,& .5 c3 1. Ordinance No. a-0 by
2. County Health Department packet - d ri Sb a. Letter
u 66 b. Hazardous Waste Ordinance
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c. Disclosure Ordinance
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL1 OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 1, CHAPTER
1.08 OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTION 1.08.010(a) AND TITLE 6
OF CHAPTER 6.03 TO ADOPT BY REFElRENCE CHAPTER 8
AND CHAPTER 9, OF DIVISION 8 OF TITLE 6 OF THE
SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES
OF THE CARLSRAD MUNICIPAL CODE BY THE ADDITION
TO PROVIDE FOR DISCLOSURE OF HAZARDOUS MATERIALS
The City Council of the City of Carlsbad, Califoi
does ordain as follows:
SECTION 1: That Title 1, Chapter 1.08 of the Cai
Municipal Code is amended by the amendment of Section
1.08.010(a) to add violations of Chapter 6.03 to the list
violations of the Carlsbad Municipal Code which are
misdemeanors.
SECTION 2: That Title 6 of the Carlsbad Municip,
is amended by the addition of Chapter 6.03 to read as fol
"Chapter 6.03
HAZARDOUS MATERIALS -
Sections:
6.03.010 Adopted by reference.
6.03.020 Fees.
6.03.0 30 Violation.
6.03.010 Adopted by reference. Chapter 8 and C
of Division 8 of Title 6 of the San Diegc) Code of Regulatc
Ordinances as amended through December 1 ,, 1982, relating
disclosure of hazardous materials are adopted by referencc
part of this Code; except that, wherever the provisions
incorporated refer to a county board, territory, area, agt
official, employee, or otherwise it means the correspondi
board, territory, area, agency, official or employee and is no such corresponding City entity it means the county I
acting in that capacity on behalf of the City.
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6.03.020 Fees. The fees for permits issued pursi
to this Chapter shall be those established by the San Diegc
County Board of Supervisors for countywide application und
provisions of Section 68.812 of the County Code of Regulat
Ordinances.
6.03.030 Violation. The provisions of Chapter 1
A this Code shall apply to any violation of this chapter.
violation of this chapter is a misdemeanor.
EFFECTIVE DATE: This Ordinance shall be effectiv
thirty days after its adoption and the City Clerk shall ce
to the adoption of this ordinance and cause it to be publi
at least once in the Carlsbad Journal within fifteen days
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council held on the
19 , and thereafter
day of
PASSED AND ADOPTED at a resular meeting of said (
191 Council held on the day of ji
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21
I i AYES:
I NOES :
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MARY H. CASLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, CITY CLERK
2.
1
BOARD OF
TOM HA*
e 0 I' - 7 . *A - -*L-
FIRST DIS SAN DliEGO SECOND I:
ROGER H
THIRD DIS
JIM BATE
FOURTH I
PAUL W.
DEPARTMENT OF HEALTH SERVICE'S
1700 Pacific Highway, San Diego, CA 92101
JAMES A. FORDE, Director PAUL ECI
FIFTH Dl5 Office of the Deputy Director Pub1 ic Health Services
(619) 236-2237
December 1, 1982
0 c-, % CKY OF c,,o~c~gD City Manager $3 c,::::yq, c,.jF
City of Carlsbad $\
Carlsbad, 1200 Elm Avenue CA 92008
Dear Sir:
On June 15, 1982, the County Department of Health Services sent you a letter that your City Council adopt a Hazardous Materials Disclosure Ordinance and
Waste Surveillance Ordinance. The ordinances are meant to protect the healtl erty of San Diego County citizens, employees of industries handling hazardou and emergency response personnel. The San Diego County Board of Supervisor1 adopted amendments to the two ordinances. Copies of .the revised ordinanc t ached.
If your City is in the process of adopting these ordinances, please incor changes reflected in the attachments. If your City has not yet consider ordinances, we would like to encourage your City Council to adopt the orc soon as possible to provide for a uniform hazardous materials management pri
tywi de.
The fee schedule for the hazardous waste surveillance program remains th
accompanies the attached ordinance. Depending on the number of employees, range from $75.00 to $178.00.
The fee schedule for the hazardous materials disclosure program will be $175 first year and $66.00 for subsequent years. Establishments that must respc the hazardous waste survei 11 ance and hazardous materials disclosure progran the fees for the two programs the first year. In sbbsequent years, est which continue to be covered by both programs will pay only the fee requi hazardous waste survei 11 ance program. For your information , the fee resol ut hazardous materials disclosure program is attached.
In the next few days, our Department staff will call to arrange a meeting w other appropriate City staff (such as fire personnel, t;afety officers, pol
nel, etc.,) in order to provide you with an update on the County's hazardou and hazardous waste programs. We would also like to brief you on the revil
County's hazardous waste management plan which is now in process. A drz countywide plan is expected to be out within the next three months.
b&pJJ$
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December 1, 1982
Page 2
If you have any questions beforehand, please do not hesitate to call Larr
Debbie Luevanos, of the Hazardous Materials Management Program, at 236-4717 or
respectively.
Thank you for your consideration on these important health inatters.
Very truly yours, m h*+
Donald G. Ramras, M.D., Health Officer
and Deputy Director for Public Health Services
DGR/ DL/ 1 h
Attachments
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ORDINANCE NO. 6376 (NEW SERIES) '
AN ORDINANCE TO REPEAL AND REENACT CHAPTER 9 OF TITLE 6 OF THE COUNTY
CODE OF REGULATORY ORDINANCES RELATING TO HAZARDOUS HASTE AND EXTREMELY
HAZARDOUS WASTE
The Board of Supervisors of the County of San Diego do ordain as follc
Section 1. Chapter 9, Title 6 of the San Diego County Code is til
Section 2. Chapter 9 is hereby added to Title 6 of the San Diego Ci
repealed.
Code to read as follows:
CHAPTER 9
HAZARDOUS WASTE ESTABLISHMENTS
Sec. 68.901. PURPOSE. It is the intent of the Eioard of Supervisors
the Health Officer establish a program to monitor establishments where haza
wastes are produced , stored, handl ed, disposed of, treated or recycled e
further the intent of the Board of Supervisors that thc! Health Officer prl
health care information and other appropriate technical assistance on a 24
basis to emergency responders in the event of a hazardous waste incident invo
community exposure.
Sec. 68.902. HEALTH OFFICER TO ENFORCE STATE HAZARDOUS WASTE CONTROL
The Health Officer, in addition to his other duties, is hereby designated a Officer to enforce the provisions of the State Hazardous idaste Control Law an,
minimum standards of management of hazardous and extremely hazardous wast
specified in Chapter 30, Division 4, Title 22 of California Administrative
pertaining to the safe production, storage, handl ing, disposal , treatment
recycling of such waste.
Sec. 68.903 INSPECTION OF PLACES OR ESTABLISHMEhTS WHERE HAZARDOUS IS PRODUCED, STORED, HANDLED, DISPOSED OF, TREATED, OR RE.CYCLED. It shall b
duty of the Health Officer to make periodic inspections of all hazardous
establishments where hazardous waste and extremely hazardous waste are prod
stored, handled, disposed of, treated, or recycled. Such establishments sha
referred to in this ordinance as hazardous waste establishments.
Sec. 68.904. REPORTING. The Health Officer is hereby empowered to re
all persons believed by him to be owners or operators of hazardous waste e
lishments to, within 30 days, complete a form specifying the person's name
dress and information concerning general hazardous waste managemmt activitie
Sec. 68.905 PERMIT REQUIRED. It shall be unlavdful for a person ti
tablish, operate or maintain a hazardous waste establishment without first ob
ing a hazardous waste establishment permit from the Health Officer. Owner
operators of permitted hazardous waste establishments shall report in wi tin
change of business address or change of business name. 'The report shall be
with the Health Officer witnin 30 days of any such change.
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Sec. 68.906. APPLICATION FOR PERMIT. Every applicant for a perm license required by this divison shall file with the Departitlent of Health Ser
a written application on a forin prescribed by said Department. The applic
shall state the name and address of the applicant, the description of the pro by street and number wherein or whereon it is proposed to conduct the activit
which the perinit 3r license is required, the nature of ttie perinit or licens
which application is ,nade, the character of the activity proposed to be cond and such other information as the Department of Health Services may require.
Sec. 65.907. FEE. Every applicant for a permit or license requir this division shall at the time of making application pay the annual fze pres
ed for such permit or license. Such annual permit fees shall De establish resolution of the Board of Supervisors.
Sec. 68.908. INVESTIGATION BY DEPARTMENT OF HE4LTH SERVICES. Up0
ceipt of such application, and the required fee, it shall be the duty o Health Officer to investigate the matters set forth in such application, an
hazardous waste conditions in and about the place where it is proposed to co the activity specified in the application, and if it shall appear to the H Officer that the statements contained in the application are true, and tha
existing hazardous waste conditions in the place specified in said appl ic coinply with the provisions of this Code and State laws ii perinit or license thereupon be granted. Such permit or license shall be subject to revocati
suspension by said Health Officer upon a showing satisfactory to said Health
cer of a violation by the holder of such perinit, his employee, servant or a or any other person acting with his consent or under his authority, of any p
sion of this Code or any law of the State of California.
Sec. 68.909. PENALTY FOR DELINQUENT PAYMENT. Applicants who are d
quent in filing the application and obtaining the required permit or license be subject to payment of the original fee plus late fees. Late fees will b of the required fee if delinquent by more than 30 days. -ate fees will be 10
the required fee if delinquent by more than 60 days. The imposition of or pa
of the penalty imposed by this section shall not prevent the imposition o other penalty prescribed by this Code or any ordinance or prosecution for v
tion of this Code or any ordinance.
Sec. 68.910. RENEWAL OR PERMIT OR LICENSE-- PERCENT PENALTY FOR C
QUENCY. A permit or license issued pursuant to this division shall expire o last day of the month of the one year anniversary month in which the permi issued and shall be renewed annually. At the time application is made, shall be paid to the Department of Health Services the required annual fee,
fee is due and payable each year. The annual fee, if unpaid, is delinquent o first day of the second month after the month in which the pernit expire thereafter a penalty equal to 10 percent of the annual fee shall be added the
and shall be collected at the time application for renewal is made.
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If the annual fee and penalty is not paid the first month after it there shall be added to and collected with the annual fee, an additional pr equal to 10 percent of the annual fee for each month or fraction of a inorith (
which the annual fee or any penalty continues to remain unpaid; provided, \io\
in no event shall the total penalty added to the annual fee pursuant to thi: tion be inore than GO percent of the annual fee. The imposition of, or payill( the penalty imposed by this section, shall not prevent the imposition of any penalty prescribed by this Code, or any ordinance, or prosecution for violat. this Code, or any ordinance.
to this division shall be transferable. Sec. 58.911. NO TRANSFER OR PERMIT. No perinit or license issued pur
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Xcr. 107 TUESDAY, JUNE 15, 1982 '
A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ESTABLISH11
HAZARDOUS WASTE PERMIT FEES
On mot ion of Supervisor FCrden , seconded by Supervisor - E&
the following resolution is adopted:
WHEREAS, on Juce 15, ips2 the Board of Supervisors adopted an, Ordinance for
of hazardous wastes (Ordinance No. 6375 ); and
WHEREAS, Section 1 of szid ordinance added Section 68.905 to the San Oiego
which section provides for a permit fee for the handling, storage, using,
disgosal, and treating of such waste; and
WHEREAS, tne submitted fee schedule will provide sufficient revenue to recove
snforcing :he California State Hazardous Waste Control Law; and
WHEREAS, tne revenue provided by the proposed fee schedule does comply with
Baard of Supervisors Policy B-29 of having revenues sufficient to neet cost
services; NOW. THEREFORE,
IT IS 2ES3LVEG, ORDERE3 AND DETERMINED by the Bozrd of Smervisors of the Co
Diego that ti?2 following annual fees for Hazardous Waste Facility Perinits are
t aD1 i shed :
F AC I L I TY E MP L 0 Y M E NT HEALTH DEPARTYENT FEE
1-i9 Employees $ 75.00
20-100 Employees li6 .OO
191-500 Ernpl oyees 150.00
500+ Einpl oyees 178.00
IT IS FURTSER RESOLVED that the above fee schedule shall Dicome effective on
1982.
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PASSED AND ADOFTED by the Eioarl of Supervisors cf the C0uri.t;
Saa Giego, State cf Czliforniz, this 15th day of ;me, 19'32
by the follov...ir,& vote:
)-YES : Sugervisors Hdlton, Forden, Hedgecock, Bztes , 2nd Eckert
f\70ES : ScFervisors Nme
SENT : Supervisors Eone
--P
2- m- WLAL or CALIFOP&ZL* )ss .
Cocr,ry cf 5.m Diegc )
rrrp-n I, P0r.l~~ D. CP.%KS, Clerk of the 5ozS cf Scper~;Fsors of
Cocrtl; cf SET Eegc, State cf C~l:rorzk, hereby certLfy thEz I 1
CC=?ET~< the foregoing COPT; ~l~fi the OriRinai yesoit;tioc p2ssee ado;re< by said BOEX~, aZ 8 reMar meetlq, therecr, e: :h
end by C~E vote therein steted, wr-icr. orrg~n~~ resolctior- Ls no>:
in q- cffice; thet the same contairs E fuLL, =rue 2nc correct tr
rher~frorr. and of che whole thereof.
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.I Witness rcy hand and the sezl of SEit Boz2 of Supervisors,
17th dey of Jme, 1992 (107)
PORTER D. CPEXUS
C1 --% of tke E132r cf Supervis 2z-44-dc- Y By ?hriz 4,. Tisczreno
Depu (s=u
'IHN I 5 i3.82 10 7
_-
CITY~ CARLSBAD - AGEND~~ILL
TITLE: ADOPTION, BY REFERENCE, OF COUNTY ORDINANCES DEI
MATER1 ALS DISCLOSURE
RE LmNG TO HAZARDOUS WASTES-
AB# ??'#?-*
MTG. 12/21
DEPT. FIR
RECQMMEN DED ACTION:
Set public hearing date for Ordinance No. so'' , adopting by referen
County of San Diego ordinance relating to hazardous wastes and hazardou
materials disclosure.
ITEM EXPWATION
The ordinances proposed for adoption by reference 'deal with the control
monitoring of hazardous materials waste products and with the disclosur
storage and use of hazardous materials. The County of San Diego has ad
these ordinances and adoption by the City of Carlsbad will enable enfor
of the ordinances by the County Health Department hithin the city limit
The purpose of the ordinace is to control the disposal of hazardous mat
waste. The disclosure of the storage and use of hazardous materials i2
means toward that end. The permit fees will be used to fund the hazarc
unit of the County Health Department. This unit will be ultimately av:
to assist local agencies with any situation they might encounter involx
hazardous materials.
FISCAL IMPACT
Annual permit fees to the City of not more than $250. Annual permit fr
private industry shouid not exceed $300. No other financial impact to
is expected. Indirect impacts to private companie:, could be the man hc
to develop a disclosure list and any costs to correct existing illegal
EXHIBITS
1. Ordinance NO. 506f
2. County Health Department packet
l-4- &/k- C6- -- pJ /+. 8- rfc v
A(
a. Letter
b. Hazardous Waste Ordinance
c. Disclosure Ordinance
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P IiDINAPICI: AMENDING TM SAP4 111. !!P dNTY CODE OF REGULAl'OKY Oi<UIN[i ES
REGARDING THE OISCLOSUKE OF IIAZAliDOUS MATERIALS
The Board of Supervisors of the County of San Diego do ordain as follows:
tory Ordinances (cornriiencing with Sectiori 68.801) is hereby anended to rcJd as
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SECTIOfi 1. Chapter 8 of Division 8 of Title G of the Sari Diqo Coiirit-y Cod
Sec. 68.801. FIfIOINGS AND PURPOSE. The Board of Supervisors finds dnd de
(aj Hazardocs substances am hazardous wstes prescnt ic ttic ccmiLi:ii ty ma
and chronic tiealtti hazxds to individuals who live and ;gork i!: tile Caulity, and posed to such substances as a result of fires, spills, ,industrial (xcidents types of re1 eases or ani ssi on.
(b) The pcaple v;ho live and work in this County have a right arid riesj tc use and potenti a1 hazards of hazardous materia? s in the corririiiinity in order ti^ respond to exposure to such materials. *
(c) Easic information on the location, type, quantity arid the healtn r ardous materials used, stored, or disposed of in the County Zs not now ak'ail fighters, health officials, health care providers, planners, elected offici a1 dents.
(d) It is t,he intent of the Eoard of Supervisors that this Chapter recogr munityls right and need for basic inforriiation on the use ar;d disposal of !lazar als in the County an3 that it establish an orderly system far tile provisign of mation including appropriate education and training for use of information.
(e) It is further the intent of the Board of Supervisors that the systt sure set forth in this chapter shall provide the information essential t:, health officials, health care providers, planners, elected officia?s arid
meeting their responsibilities .for the health and vielfare of the corninunity . that the statutory privilege of trade secrecy is not abridged.
Sec. 68.802. DEFINITIONS. For the purpose of this chapter the terms 1. section shall' be defined as follows:
(a) "Carcinogen" means a substance or agent vthich can cau-se cancer. Fo this ordinance, carcinogens are chemicals for which there is sufficient ?vi< cinogenicity as specified in guide1 ines prepared by the International Agency on Cancer and tile National Cancer Institute and are listcd on the list of h stances establ ishc.d by the Director of Industri a1 Re1 ations pursuant to Sec the Labor Code.
(b) "Chemical name" rneans the scientific designation of a substance with the International Union of Pure and Applied Cherriistry or the systea dev Cheriii cal Abstracts Serv i ce .
(c) "Coiniiiori name" means any designation or identification such as cot number, trade nane, or brand name used to identify a subc,tarice other than bq
name.
(d) "Disclosure form" means the written request for information pre Health Officer pursuant to Section 68.807.
'(e). ""EPA Wastc Strcarn Cd)l mcms ttie identification ();her dssiyil?d pur
the .regulations of the U.S. Environnierital Protection Ayericy to specific types ( dous waste.
(f) "Establistwent" shall niean a single business operation conducted on thc
contiguous parcel s of property under the saxe ownerstii p or eiit;i t 1 e!ncnt to us?.
(9)
(h) "Hazardous substance" means any substance or product :
. ..
"Hazardous rnateri all' inearis any hazardous substance or hazardous waste.
(1) for which the rnanufacturer ar produccr is required" to prep(i:*e an
the substance or prodNct pursuaiit to the !-lazclrdo::r; S!:!:st=::ccs 13fSriiI Training Act (cornifiencing witti Section 63G0, Chapter 2.5, Part 1 of Divi
the Labor Code) or pursuant to any applicable Federal law or rqu?;tion,
(2) which is listed as a radioactive material set f'orth in Chapter 1,
Appendix C, of the Code of Fedi2r-al Regulations as iI!aiGtaiilcii dr-id uydat Nuclear Reyul atory Cornini ssi on.
(i) "Hazardous waste" rneaits hazardous or extrerjiely hazardous waste as definc
tion 25115 and 25117 of the Health and Safety Code and set f3r.th in Title 22 of
f orn i a kclm i n i st rat i v e Code.
(j) "Handle" riieans to generate, treat, store, or dispose of a hazdrdoas wa
fashion.
(k) "MSDS" means iilateri 21 Safety Oata Sheet prepared pursuant to Sectitlfi 6 Labor Code.
(1) "Person" means an individual, trust, firqi, joint stock company, co
partnership, association, city, county or district.
(m) "Pr-opri etary inforination" means information regarcli tig coinpounds or i used in a process or proauction. khich do not qualify as trade secrets but thic an industry or business with a cornpeti tive advantage.
(n) "Re1 ease" means any spi 11 i ny , leaking , pumping , pouri ng , mi tti ng , discharging, injecting, escaping, leaching, dumping, or disposing into ttie envir
(0) "Reproductive Toxins" means a substance or agent which can affect rt functions caiising birth defects, spontaneous abortions, impaired spernatogenesi fertility and/or intra uterine gr'owth retardation, and appears or, the list of substances prepared by the Director of Industri a1 Re1 ation:; sursuant to Secti
the Labor Code.
(p) "Sensitive hazardous materi a1 s" means hazardous rnateri a1 s recoyni: Health Officer which if deliberately inisused would present an imminent threat health and safety.
(4) "SIC code" means the identification number assigned by the Stand3rd
Classification Code to specific type of business.
(r) "Use". includes the handling, processing, or storage of a hazardous sub
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. (s) "User" means any person who uses a hazardous substarice or hariclles
Sec. 68.803. KEVIEW OF DESIGNATION AS CARCINOGENS OR R1YKOf)IICTIVE TOXINS.
By July 1 of each year, beginning kJi th the year l983', the t-Icalth Offico- iiii to the Board of Supervisors materials which should be added or delct.et1 From t tion as carcinogens or reproductive toxins described in subdi\/ision (a) arid (0)
waste.
68.802.
Sec . 68 -804. HAZARDOLE I-ZATEK IALS ADV ISORY C0i.M 1 T'TEE .
The Health Officer shal 1 establish an advisory co;iil:iittce r-i.pr-esent-ii-'ly providers, industry, labor, fire supression, law enforceiiieiit, coiiiinuni ty and cr interests. The purpose of the coinirlittee shall be to advise the i-lealth Clff implezentation of this ordinance including effective methods of public info education.
Sec. 68.805. FILING OF A MZARDOUS SLI8STANCE DISCLOSURE FORM.
(a) Based on SIC Codes and other similar classifications, the Health 01 identify establ i shinents which are potenti 21 users of hazardous rnateri a1 s.
(D) Every person who orms or operates an establishnient that is identi Health afficer as a potential us?r shall complete, within 30 days of rccei
Health Officer, a form requesting the following inforillation:
(1) Nane
(2) Address
(3) Type of Business
(4) Whether the persori uses or handles hazardous materials
(c) Any person who uses or handles a hazardous inaterial must annually st
(d)
pleted disclosure form to the Health Officer by September 1 of each year.
Within 30 days of any:
(1) Najor change in the use of new hazardous materials in report
(2) change of business address;
(3) change of business ownership; or,
(4) change of business rime;
ties;
the user shall submit a disclosure form detailing the new use or handling or priate inforination.
-3-
0 0 Se'c. 68.806. MAINTENANCE ut FILES.
(a) The Health Officer shall niaintain files for at, least 30 years of all forms received and provide for a data bank of generic 'MSIIS health arid safcty in
These files shall be open to the public for inspection and reprvduction clut-'
business hours, The disclosure forms shall be filed by strect atfdrrss.
(b) Any person may request inforinstion regarding Hazardous l.?steri a1 s at. ail
rnent froin the County Uepartinent of Health Services. In si tuatioris irlvolvii1<j pi, actual exposures the Dcpdrtrncnt shall within 2 working days (if the person's wqil ine the records of any establishinenl; made available or suh~ittecl TI.- pwsumjt n ..... -,.e,
68,1O,O?(c) 3f this orciina::co to chtairi the inforiiiatirjil reqiiccted e iilc Llcpcii LI
release the information to the requesting person within 5 working days of til request consistent with the requirerrients of Section 68.811. of ihi s Ordinaricc event of a medical mergcncy, the Department shall take a1 1 ineasurcs necessarj the inforrnation iinnedi ately.
(c) In situations involving non-imminent public health concerns, or re large anounts of inforrnation, the Departiiient shal 1 provide the inforiilation wi t sonable period of tiice, given the nature and extent of the request. The 3cpt collect fees to recover costs for providing information under this subsection.
Sec. 68.807. CONTENT OF THE DISCLOSURE FORN.
(a) The disclosure form shall be prepared by the Health Officer with the if necessary, of- fire personnel, the Gepartinent of Planning arid Land Use, ant
terested parties. The disclosure forin shall include, rquests for the hl lowin
(1) A listing of the chemical name or any comiion 17ai;le of each carcinc productive toxin used by the person completing the disclosure foriri.
(2) A listing of the chemical name, or coininon names of every hazardou used by the person completing the disclosure form.
(3) A listing of every hazardous waste handled by the person cornpleti closure form.
(4) The maxiinurn aTount of each and every hazardous inateri a1 disclosed
tions (l), (2) & (3) which is stored at any one time by the user over the cc year. Quantities are to be reported wthin specified ranger;.
(5) An indication that the user possesses appropriate discharge perx intentional releases of tile hazardous materials disclosed in subscction (1) into the air, water, sewers, or land to enable the coniinunity to understand t quantity arid coiiteiit of hazardous rnateri a1 releases.
(b) The Health Officer may accept forms required by state or federal la\ portions of the disclosure fori11 specified in this section provided that SL federal forxis contai n equivalent inforiiiat ion.
IC) Ally pGrsorj who is required to maintain and make available ail MSOS California Administrative Code, Title 8, Section 5194 shall make such docuiiie to the Ciealth Officer upon request within 2 working days.
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.; i~d;: Upon request, a1 1 e:rs iiiust provide iiitotwation I, )eyoitii li1at. specif
qu'ested in the disclosure foriit to the Health Officer, if the tlcalth Officer that such inforination is ricccssary to protect heal til md safGt;y or the envii-orii. additional information shall be subject to the trade secret provisions of kcti[
Sec. 68.008. EI4EKGENCY ftESPOt4SE INFORMATION.
(a) Each establishment shall provide the tiitalth Officer- with J. list of
dresses, and phone nu!nbers (office and home) of a1 1 persoris qual ifid md aul act as an energency contact.
(h) !dtrr!n nxpssilry, the Hcd1t.h <!ffjcer may request ;?c!!IC!.ion:?! it\For:i\,?tion
where tiazar-duus inateri a1 s are stored, ht- ttie purpose of 3i stributiori to fire
and other eiiergency response terns that may be called upon to provide energen in connection with the hand'l ing and use of hazardous rnateridls.
(c) All eniergcncy response infortnation sti!mittetl or made availabl? to C cies pursuant to this section shall be kept corifidcntial and sitall not ije d the public unless required by compelling circuiiistanccs constituting ail iriiilinert public health. The Board of Supervisors hereby finds and declares that this were it accessible to the general ?uhlic, may be potentially used to satlotag or otherwise danage industrial facilities. The 8oard of' Supervisors furth pursuant to Governrnent Code Section 6255, that the public interest Sei-Vi:d by such inforination public, clearly outweighs the public int.erest served by di such inforination,
Sec. 68.809. EXEMPTIONS TO UISCLOSUKES.
(a) A substance designated as a hazardous substance by this cildptet- so
presence on the Nuclear Regulatory Corninission list of rddioactive :itataria18 exeinpt from the requirement that these materials be listed on the disclosure fc
ution to, and use by, the general public shall be exempt from disclosure unde ter.
(c) Any person using or handling a hazardous material in mounts not e; pounds or 55 gallons, whichever is the lesser, in any rn:)nth in one locatic exanpted froin the requirement of disclosure of that use or handling unless Officer upon approval by ttie Board of Supervisors has provided notice that ht changed the weight or volurlie limits of this exemption for a specific class o extremely hazardous materi a1 s in response to pub1 ic health concerns. Tni s ~XE riot apply to lzboratories involved in chcinical synthesis and production. Kn gens or reproductive toxins of any quantity shall not be exempted pursuant to
tion unless used or intended to be used for medical or therapeutic purposes.
(b) Hazardous substances contained only in consurner products packaged
Sec. 68.810. PENALTY FOR VIOLATION - MISDEMEANOR.
(a) Any person who, upon receiving written notice frain the Health Offic
coinply with the provisions of Section 68.805 is guilty of a misdemeanor. which a fdi1ui-e to file occurs shall be considered a separtite violation.
(b) Such person may also be civilly liable for injuries to persons or prc
by the failure to comply with Section 68.805.
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kc. G1.811 C0:iFIDENTIALITY. a ,e
(a) If a user believes that: a request for inforniation iiiade by either the ( form or pursuait to subdivision (c) ariu (d) of Section 68.301 invoives the re1 trade secret, the user shall Stdni;J, inark or desigiiatc. tiit! i:iforiiiatioii as a tr;
and shall subrni t the information requested to the Health ,Officer.
(b) The tkdlth Officer shall prot:ecl: froin disclosure aiiy a11d 311 trdtle sect" into his or her possession, as defined in subsection (d) of Section 0254..7 of t: ment. Code and Section 1060 of the Evidence Code, whcri rcqui!steci in wt-i tiny by tti
Any information reported to or otherwise oi;tai;ictl i>;i the' !!P:I? Yii IJTfiC:
Of his represe9tstives 3r atiploy?::s, which is exe;ilj;t fro:n ili ;C:OSU:-I: j>:.ii'\LIarIt ision (b), shall not be disclosed to anyone except an officcr or enploj/cc of t the State of California, or the l.Jnit:ed States of ii-iixica, in connection k;ith t:h duties of such officer or wnployee uriucr any law for the protection of health,
tractors with the County or medical service providers and their anployws, opinion of. tite iiealti Officer- such disclosure is rlecessary fgr the sati ~fact~r ancc of their duties.
(d) For the purposes of this Section, fire and siergency response pers.ar!tiel
( C)
ty health personnel operating within the jurisdiction of tie County shall be employees of the County.
(e) Information certified by appropriate officials cf the ~~tiited States, sarily kept secret for national defense purposes, shall be accorded the l'ul I against disclosure as specified by such official or in accordance with the 1
hi ted States.
(f) (1) The Health Officer upon his or her own initiative or upin receir quest for the release of inforriiation designated as a trade secret by a GS?~, SI mine whether any or all of the inforination so submitted is properly designated secret.
(2) If the Health Officer determines that the infoi-rnation is not a tr
(3) The user shall have 15 days after receipt 0:' notification to
the Health Officer shall notify the user by certified mail.
Health Officer with a complete justification and state;iient of the grounds or trade secret privilege is claimed. This justification and statexnt shall be s certified mail.
(4) The Health Officer shall deternine whether such information is p a trade secret within 15 days after receipt of the justification and statmen justification and statement is submitted, within 30 days of the original n Health Officer shall noti fy the user and any party who has requested tile infc that determination. The final notice shall also specify i~ date, not suorter 1 after the date of mailing of the final notice, when the infornatior? sha?l be able to the public.
(5) Prior- to the date specified in the final notice, a user my i action in an appropriate superior court for a. dtcl arat0r.y judyinent as to h inforination is subject to protection under subdivision (a) and the inforrriatic
be disclosed pending final judyirlent in such action.
formation required pursuant to this chapter to the Health Officer. (9) The provisions of this section shall not permit a user to refuse to
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# * 0 (-ti) A user may designate, whw appropriate, iriforriiatiwi rndtlc dvdi lable to' Officer by either the disclosure form or pursuant to subdivisions (c) and (cl)
68.807 as propr'ietary infor.inat,iori or as information rcgwili rtg scnsi tivc hazarc ials. The Health Officer k/ill disclose this inforiiiation orlly to h~~lth cdre pi other individuals, including but not limited to neigli1)orhood residents, after
Officer determines that this infomation is needed for leyi tirnate hcslth concert
(i) In situatioris involving extreriicly serlsi tive iii(itw'ials, such as ndtior
work, which are normal ly protected hy elaborate security systenis, the Heal til [ issue a variance to ornit the listing of certain hazardous substaricos fr'oril thc form to prottxt such inforination froin inadver.tant di sclosiire, pr'bvicicd t,bic3L Lhc
i sf i PS thi? f,? 1 1 ~wi '19 t-cqiji TC~I~Q.!TI t:s. :
(1) .The user niust demonstrate to the satisfaction of the itealtti Of there is tile potenti a1 for iili suse if the hazardoils substances 01- it.ifdr,iiat.ioi.
them are obtained by the public.
(2) The user must indicate on the appropriate place 011 titc disclosure hazardous substance is being mitteu froin. the forni.
(3) The user must provide the following inforlrlation frocii tiie ?iSI>S fo' ardous substance omitted: Fire and Explosive Hazard Data, Health iiazard 3ata, Data, Spi 11 or Leak Procedures, Speci a1 Protection Iiiforiiiation , arid S?eci a1 ?re
(4) The xer must agree to an inspection of all facilities by tiie ilea to insure that all hazardous inaterials are being handled in a safe :naiinur.
(5) Tne user must make provisions to allow for iiilrnediate inaeperidt access to the hazardous materi a1 s records of the establ i shment by tile Hea? tli Of
(6) The user milst establish to the Health Officer's satisfaction that cy coordinator will be available on a 24-hour basis to supply inforination 01 materials at tne establishinent to the iiealth Officer.
(7) The user must keep at least one listing of hazardous sgbstances o
(8) The user may be required to pay a higher perrii-it fee to cover- ttie
the disclosure form at a separate location from the establishinent.
of additional inspections and adiiiini strative procedures required by the abo\ ments.
(j) Any officer or ern9loyce of the County, or former officer or ?nplo virtue of such eiiployierit or- official position has obtained possession of or hi
material the disclosure of which is prohibited by this section, and who knowii. closure of the material is prohibited, knowingly arid willfully discloses the
any manner to any person known riot to be enti tled to receive it, shall be misdernearior. Any contractor with the County of San Diego arid any anployee o tractor, who has been furnished information as authorized by this stxtit2n, st1
sidered to be an snployee of ttie County of San Diego for purposes of this sccti
(k) The Board of Supervisors finds and declares, pursudiit to (.he Govc Section 6255, that the public interest served by not making information reg; secrets, proprietary information, and sensitive hazardous inateri als pub1 ic c
weighs the public interest served by disclosure of such information to rnern general public, except as provided by this section.
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e' *. -." a ,I L~
. Sec. 68.812. FEES.
The Board of Supervisors [nay establish a schedule of fees to bc paid by per or handling hazardous illaterials which is sufficient. to cover tlirt costs to the administeriiig this chapter and contluctiry investigations to c!rIsut"c coiiipl idiicc. ule of fees shall include a provisiori for collection of deliriqueilcy fee.;.
Sec. 62.813. ENFOI?CEI"?IEIUT OFFICER - AUTtiOItITY - INSPECTIOil.
The Health Officer is authorized and ailpowered to enfor-ct? the*p-ouisions of ter and to inspect such activities as are recjulatcd in tli.is chapter- for til(! deter-li~ini~ig co!npl i zri,:c wi til this ciiii;jtc?r. ivo pcrsori si121 1 obsLr.tlc:i G?. i~itu)*fer Health Officer- ii1 itis perfor-inawe of Liiese ilutits. Ttte iicct'itli OF~.ic:rr sild11 be to make such arrests and issue citations pursuant to Penal Code Section 836.5 for violations of this chapter.
Sec. 68.814. SEVERABILITY
If any section, subsection, sentence, cl ausc, or phrase 3f tt1.i s ci)cFtCt- reason held to be invalid or uiicoristitutional by a decision of any court '31" jurisdiction, such decision shall not affect the validity of tile rei1:aiqing F the chapter. The Board of Supervisors hereby declares that it wuld have i chapter sild each and every sectiort, subsection, senteric-?, (:?ai.ise, or ~i~~r~s~ nl inval id or unconsti tlitional wi thoat regard to hhether r3rly prtion of ti).; s til, be subseqw:itly declared invalid or unconstitutional.
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-,
% Nis .36-4r! e TUESDAY, OCTOBER 5; 1982 0
A RESOLUTIOFl OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ESTABLISHIN(
HAZARDOUS MATERIALS DISCLOSURE PERKIT rxs
WHEREAS, on M2y 25, 1962, the Board of Supervisors adopted an Ordinance
closure of hazardous materi a1 s (Ordinance No. 6293) ; and
WHEREAS, Section 68.S12 of the a-nended ordinance adopted on SepteTber i
vides for a permit fee for disclosure of hazardcus materiiils; and
VHLKEAS, the submitted fee schedule will provide sufficient revenue to
for enforcing the Hazardous Materi a1 s Disclosure Ordinance; and
WHEREAS, the revenue provided by the proposed fee schedule dpes cczply w
Bo;rd of Supervisors' Policy 6-29 of having revenues sufficient to meet (
ty services; NOW. THEXEFOgE,
It is RESOLVED, ORDERED AND DETERGINED by the Ejoard of Supervicqrs of
San Di ego, that the io1 lowing fees for HazarGous Ikteri a1 s Di sclosur
hereby establ i shed :
INITIAL DISCLOS'J2C FEE S175.GO per establishment
SlJB.SEQUEI;T AVNUAL -
DISCLOSUZE FEE 66.90 per establishmest
All estab:isnnents required to fils 2 disclosure form will
pay an initial filing fee. Estabiish32nts tnat wssess a
County of San Di ego i-lzzaraous kas~o Estc? i shment Pern:;'t shall be exenpt iron subsequent annual di scjosure renewal f eos .
Users who are delinquent in filing djsclosure forms and/or paynent of fees sha?l be subject to paynenl. of the oriainal fee plus late fees. Late fees will be 10% of the required
fee if delinquent by more than 30 days. Lzte fees swill be
100% of the required fee if delinquent by more than 60 days.
IT IS FURTHER KESXVED that th= above fee schedcle snall becoine effect
3, 1952.
PASSED AND ADO?TED by the Board of Supervisors, County of Sa
State of California, this 5th day of October, 1982, by the follo
AYES: Supervisors Fordem, Hedgecock, Bates and Eckert
XOZS: Supervisors None
ABSKJT: Supervisor Hamilton
NOS. 36-40
10/5/82
ih