HomeMy WebLinkAbout1983-01-18; City Council; 7242-1; ADOPTION, BY REFERENCE, OF COUNTY ORDINANCES RELATING TO HAZARDOUS WASTES AND HAZARDOUS MATERIALS DISCLOSURE1, 4.
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CI?@QF CARLSBAD - AGENDmBlLL
TITLE: ADOPTION, BY REFERENCE, OF COUNTY ORDINANCES
MITE RI ALS D I S C LO S URE
AB# 7242-1
MTG. 1/18/83 ELATING TO HAZARDOUS WASTES-
DEPT. FIR
RECOMMENDED ACTION:
Adopt Ordinance No. 5064, adopting by reference the County of San Diegc
ance relating to hazardous wastes and hazardous mal.eria1s disclosure.
ITEM EXPLANATION
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 ac
these ordinances and adoption by the City of Carlsliad will enable enfo?
of the ordinances by the County Health Department within the city limi'
The purpose of the ordinance is to control the disposal of hazardous m;
waste. The disclcsure of the storage and use of hazardous materials i:
means toward that end. The permit fees will be used to fund the hazari
unit of the County Health Department. This unit will be ultimately av,
to assist local agencies with any situation they might encounter invol.
hazardous materials.
This ordinance was introduced and titled at the December 21, 1982 City
Council meeting.
FISCAL IMPACT
Annual permit fees to the City of not more than $2'50. Annual permit f
private industry should not exceed $300. No other financial impact tc
City is expected.
hours to develop a disclosure list and any costs to correct existing i
situations.
EXHIBITS
1. Ordinance No. 5064
2. County Health Department packet
Indirect impacts to private companies could be the
a. Letter
b. Hazardous Waste Ordinance
c. Disclosure Ordinance
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ORDINANCE NO. 5064
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 1, CHAPTER
1.08 OF THE CARLSBAD MUNICIPAL CCDE BY THE AMENDMENT OF SECTION 1.08.010(a) AND TITLE 6
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION
OF CHAPTER 6.03 TO ADOPT BY REFEF:ENCE CHAPTER 8
AND CHAPTER 9, OF DIVISION 8 OF TITLE 6 OF THE
SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES
TO PROVIDE FOR DISCLOSURE OF HAZARDOUS MATERIALS.
The City Council of the City of Clarlsbad, Califorr
does ordain as follows:
SECTION 1: That Title 1 , Chapter 1.08 of the Car:
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 Municipa
is amended by the addition of Chapter 6.0 3 to read as €011
"Chapter 6.03
HAZARDOUS MATER1 AL,3 -
Sections:
6.03.010 Adopted by reference.
6.03.020 Fees.
6.03.030 Violat ion.
6.03.010 Adopted by reference. Chapter 8 and Cl
of Division 8 of Title 6 of the San Diego Code of Regulatc Ordinances as amended through December 1, 1982, relating t
disclosure of hazardous materials are adopted by reference part of this Code; except that, wherever the provisions
incorporated refer to a county board, territory, area, ayc official, employee, or otherwise it means the correspondir
board, territory, area, aqency, official or employee and j is no such corresponding City entity it means the county c
acring in that capacity on behalf of the City,
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6.03.020 Fees. The fees for permits issued pursu
to this Chapter shall be those established by the San Diegc
County Board of Supervisors for countywide application unde
provj-sions of Section 68.812 of the County Code of Regulatc
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 effectivc
thirty days after its adoption and the City Clerk shall cei
to the adoption of this ordinance and cause it to be publir
at least once in the Carlsbad Journal within fifteen days
its adoption.
PASSED AND ADOPTED at a regular meeting of said C
198 Council held on the 18th day of Januaq
the following vote, to wit:
AYES: Council Menhers Casler, Lewis, E;ulchin, Chick and pi
NOES: Eone
ABSENT: None
I
% c! &e&/
&ERJ Mayor
ATTEST:
2.
BOARD OF '
TOM HAN
FIRST DIS
a a
PAUL W.
SECOND C
ROGER H
THIRD DIS
JIM BATE
FOURTH C
IIEGO
DEPARTMENT OF HEALTH SERVICES
JAMES A. FORDE, Director
1700 Pacific Highway, San Diego, CA 9210'1
PAUL EC
FIFTH Dl' Office of the Deputy Director Public Health Services
(619) 236-2237
December 1, 1982 03
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---a 7pn I2 CLS 3 "02 /I
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City Manager
City of Carl sbad
1200 Elm Avenue
Carlsbad, CA 92008
Dear Sir :
On June 15, 1982, the County Department of Health Servilzes 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 heall
erty of San Diego County citizens, employees of industries handling hazardoi and emergency response personnel. The San Diego County Board of Supervisoi adopted amendments to the two ordinances. Copies of the revised ordinav t ached.
If your City is in the process of adopting these ordinances, please incc
changes reflected in the attachments. If your City has not yet considc ordinances, we would like to encourage your City Council to adopt the 01
soon as possible to provide for a uniform hazardous materials management p tywi de.
The fee schedule for the hazardous waste survei 11 ance program remains .
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 $1; first year and $66.00 for subsequent years. Establishments that must res
the hazardous waste surveil1 ance and hazardous materi 31s disclosure progr
the fees for the two programs the first year. In subsequent years, e5 which continue to be covered by both programs will pay only the fee re(
hazardous waste surveillance program. For your informdtion, the fee resol hazardous materials disclosure program is attached.
In the next few days, our Department staff will call to arrange a meeting
other appropriate City staff (such as fire personnel, safety officers, pc nel, etc.,) in order to provide you with an update on the County's hazard1 and hazardous waste programs. We would also like to brief you on the re' County's hazardous waste management plan which is now in process. A ( countywide plan is expected to be out within the next three months.
0 (I) ,.
December 1 , 1982
Page 2
If you have any questions beforehand, please do not hesitate to call Lari Debbie Luevanos, of the Hazardous Materials Management Program, at 236-4717 c
re spec t i v e 1 y .
Thank you for your consideration on these important health natters.
Very truly yours, rn he+
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 bJASTE AND EXTREMELY HAZARDOUS WASTE
The Board of Supervisors of the County of San Dieyo do ordain as foll
Section 1. Chapter 9, Title 6 of the San Diego County Code is i.
Section 2. Chapter 9 is hereby added to Title 3 of the San Diego (
repea: ed .
Code to read as follows:
CHAPTER 9 HAZARDOUS WSTE ESTABLISHMENTS
Sec. 68.901. PURPOSE. It is the intent of the Board of Supervisor: the tiealth Officer establish a program to monitor establishments where haz wastes are produced, stored , handl ed, disposed of, treated or recycled.
further the intent of the Board of Supervisors that the Health Officer p'
healt3 care information and other appropriate technical assistance on a 21
basis to emergency responders in the event of a hazardour; waste incident invl
community exposure.
Sec. 68.902. HEALTH OFFICER TO ENFORCE STATE HAiIARDOUS WASTE CONTROl
The Health Officer, in addition to his otner duties, is hereby designated Officer to enforce the provisions of the State Hazardous Waste Control Law ai
minimum standards of management of hazardous and extreinely hazardous was specified in Chapter 30, Division 4, Title 22 of California Adininistrativc pertaining to the safe production, storage, handl ing, disposal , treatmer
recycl ing of such waste.
Sec. 68.903 INSPECTION OF PLACES OR ESTA5LISHME:NTS WHERE HAZARDOUS
IS PRODUCED, STORED, HANDLED, DISPOSED OF, TREATED, OR RECYCLED. It shall duty of the Health Officer to make periodic inspections of all hazardous establishments where hazardous waste and extremely hazardous waste are pro1
stored, handled, disposed of, treated, or recycled. Such establ ishinents sh referred to in this ordinance as hazardous waste establ ii;hments.
Sec. 68.904. REPORTING. The Health Officer is hereby empowered to r
all persons believed by him to be owners or operators of hazardous ivaste
lishments to, within 30 days, complete a form specifying the person's nam dress and information concerning general hazardous waste managemgnt activiti
Sec. 68.905 PERMIT REQUIRED. It shall be unlawful for a person
tablish, operate or maintain a hazardous waste establ ishinent without first c
ing a hazardous waste establishment permit from the Healt3 Officer. Owr?e operators of permitted hazardous waste establishments shall report in writi change of business addrec,s or change of business name. The report shall be
with the Health Officer within 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 Department of Health Ser
a written application on a forin prescribed by said Depiirtinent. The applic shall state the name and address of the applicant, the description of the pro
by street and nurnber wherein or whereon it is proposed to conduct the sctivit which the permit 3r license is required, the nature 3f tile perinit cr liccns which applicatson is made, the character of the activity proposed to be cond
and such other information as the Department of Health Services may require.
Sec. 68.907. FEE. Every applicant for a perrn't i7r license requir
this division shall at the time of making application paj' the annual fee pres
ed for such perinit or license. Such annual permit fee:; shall be establish resolution of the Board of Supervisors.
Sec. 58.908. INVESTIGATICN BY DEPARTMENT OF HEALTH SERVICES. Upc
ceipt of such application, and the required fee, it shall be the duty o Health Officer to investigate the rnatters set forth in such application, ar
hazardous waste conditions in and about the place where it is proposed to cc the activity specified in the application, and i.f it shall appear to the I Officer that the statements contained in the application 'are true, and thc
existing hazardous waste conditions in the place specified in said appli:
cornply with the provisions of this Code and Stat.e laws a perinit or license thereupon be granted. Such permit or license shall be subject to revocati
suspensior, by said Health Officer upon a showing satisfactory to said Health
cer of a violation by the holder of such permit, his erployee, servant or ( or any otiiei- pe?-jo;7 acting with his consent or ander hi:; authority, of my i sion of this Code or any law of the State of California.
Sec. 68.909. FENALTY FOR DELINQUENT PAYNENJ. Applicants who are
quent in filing the application and obtaining the required permit or license De s:ibjcct to paynent of the original fee plus late fees. Late fees dill
of the required fee if delinquent by aore than 30 days. Late fees will be 1 the required fee if delinquent by more than 60 days. The imposition of or p of the penalty imposed by this section shall not prevent the imposition ( other penalty prescribed by this Code or any ordinance or prosecution for
tion of this Code or any ordinance.
Sec. 68,910. RENEWAL OR PERMIT OR LICENSE-- PERCENT PENALTY FOR
QUENCY. A permit c)r license issued pursuant to this di'ylision shall expire last day of the inonth of the one year anniversary montli in which the perm
issued and sha!i be renewed annually. At the time a.3plicatior; is made,
shall be paid to t!ie Department of Health Services the required annual fee,
fee is due and payable each year. The annual fee, if un?aid, is delinquent first day of the second month after the month in which the permit expir( thereafter a penalty equal to 10 percent of the annual fee shall be added th
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 pc
equal to 10 percent of the annual fee for each month or fraction of a month ( which the annual fee or any penalty continues to remain unpaid; provided, hoi
in no event shall the total penalty added to the annual fee pursuant to thir tion he more than GO percent af the annual fee. The iinp(,si-tion of, or' payuc
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.
Sec. 58.911.. 1\10 TRANSFER OR PERMIT. No periflit or license issued pu) to this division shall be transferable.
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TUESDAY, JUNE 15, 1,092
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Yo. 107
A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ESTABLISHIF
HAZARDOUS WASTE PERMIT FEES
On motion of Supervisor PcrdeC , seconded by Supervisor - E&
the following resolution is adopted:
WHEREAS, on JEre 15, 1952 the Board of Supervisors adopted an Ordinance for
of hazardous wastes (Ordinawe YO. 5276 >; and
WHEREAS, Section 1 of said ordinance added Section 68.905 to the San Diego
which section provides for a permit fee for the handling, storage, using,
disimstil, and treating of such waste; and
WHEEAS, trle subnitted fee schedule will 2rovide sufficient revenue to recov
enforcing the California State Hazardous Kaste Control Law; and
WHEREAS, tne revenue provided by tne propostid fee scheduie does comply wit1
bard of SuDervisors Policy B-29 3f having revenues sufficient to meet cos!
services; NOW. THEREFORE,
IT IS iES3LVEl3, OR[;E;iE3 AND DETENINED by the 3oard of Superv’ssrs of the C
Diego that t+e following annual fees for iiazapdous daste Facility Perinits ar
t aD1 i shed :
F AC I L I T Y E MP L 0 Y M E NT HEALTH DEPARTVENT FEE
1-i9 Employees $ 75.00
20-100 Employees li3.00
i!ll-SOO Employees 150 .OO
500+ Einpl oyees 178 .OO
IT IS FURTiER RESOLVED that the above fee schedule shall Decow effective on
1982.
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PXSSEC kXD XDQFTED by the 33oard of Supervisors cf :he Cour,ty of
Sac Eiego, State ef CzEiforciz, tkis 15th d~y of jme, l?S?
by the fobPovLng vote:
/-YES : SupervSscrs EanLlton, Forde3, Eedgecock, Bites, end Eckert
NOES : Sqervisors None
~zss~~ : Supervisors Kone
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ST.4-Z OF C.bLm3m-2- ) ss .
Co.;r.ry cf SEZ Diegc )
nv-n .c c. - i, ?O:.AuL D. CF'ELU'S, Clerk of :he hzrc CT SC~~~YLSGZS CI C:.E .- Couz:- cf SEE Eegc, Stete cf Cz,llfo-- ,,,Le, ~.EzE?~ cezz:ry thzr I kz7.7~:
~Co~tet 3;: s~id Board, ilt 8 yecfizT meeting therecf, ar :ne ZLZI
and b;- Z~E vote chereir: stztec, ~AT-:CL GYL~L~Z- resolczlor. Ls no>: or? f
in E?- czzice; thzt the same contlzii-.s E LLL--, =rue end correct ~TZ;ISC=::
zfierefror. 2nd of the whole thereof.
.. CC=?ETE~ :?LE r'cregoing COP>- WLZ~- EIIE originzi ---soiGt<oc pessec eT-6 - -. . .. -
r,.q ; r-.
.- k'itness c.y hand and the sezl cf SELL Boerc 05 S~pe~vis~~s, tkis
L?Th d2y of :me, 1982 (:-c-)
PORTER B, CFeZ?W<S
C1 --. of t+~ rjazr
By !kriz A. 'Xiscareno
Scpervis 0:s &&P -
Deputy (SEAL)
- =3!"? 1.0 7 JUN 13 LdL
ORDINAPICE AlvlEFIDING TI-][: SAP4 I):@ mNTY CODE OF REGULA1-OKY ON11 Ni\ht,ES
MATERIALS
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1. REGARDING THE OISCLOSUKE Of: tIAZAI1CIOUS
The Board of Supervisors of the County of San Diego do ordiiin JS follows:
SECTIOU 1. Chapter S of Division 3 of Title 6 of the :;<I:) nilqo Couiit.y Cod tory Ordinances (corninencing with Scxtiori GS.801) is hereby aimded ti, read as
Sec. 68.801. FINDINGS AND PURPOSE. The Board of Super-visors finds 3rd de
(a) Hazardocs s~ibstances 2nd hazariious :vilst.es present 1r; tht\ c.
and chronjc tiealtt; hazxds to individua:s who live and ivorl: i!: the Cfiilirty, and posed to such substances as a rcstrl-t of fires, spills, -industrial 'xcidentz
types of releases or mission.
(b) The pesple wno live and work in this County have a riyht an3 m??:j to use and potenti a1 hazards of iiazardcus inateri a? 5 in the coriiiiriiil i ty i (1 order ta
respond to ex2osilrc to such inaterials. *
(c) Basic inforination on the location, type, quantity arid the healtn ri ardous iiiaterials used, stored, or dispost?d of in the County js not novr siiail<
fighters, heaith offici ais, health care providers, planners, elected official:
dents.
(d) It is the intent of the Board of Supervisors that this Chapter rccogn
rnunity's r-ignt and need far Sasjr, infor;i!ation on the lise and disposal nf iiaz3r als in the Csi;r,tj/ a:;d that it estab:jsh an orderly system for- the yrovisiQn of
mation including appropriate education and training for use of infor;nation.
(e) it is further tile intent of the Board of Supervisors that the syster sure set forth ir! this chapter shall provide the information essentia? to f
health officials, health care providers, planners, elected officials arid r
meeting their responsibilities .for the health and r;elfare of the comrunity ir that the statutory privilege of trade secrecy is not abridc_ied.
section shall be defined as folloi~s: Sec. 68.802. DEFINITIONS. For the purpose of this chapter the terms li,
fa) "Carcinogen" means a substance or agent which car; cause cancer. For
this ordinance, carcinogens are chemicals for which there is sufficient wide cinogenicity as specified in guidelines prepared by the International Agmcy on Cancer arid the National Cancer Institute and are listed on the list of ha;
stances established by the Di rector of Industri a1 Re1 ations pursuant to Sect
the Labor Code.
(b) "Chemical name" wans the scientific designation of a substance ir with the International Union of Pure and Applied Cherriistry. or the syste;n devc
Cheirii cal Abstracts Serv i ce .
(c) "Coiniiiori name" means any designation or identification such as code
number., trade nsjne, or brand name used to identify a subst.arice other than by
name.
(d) "Disclosure form" means the written request for inforination prep' Health Officer pursuant to Section 68.807.
(e) "EPA waste Strcm me" mcms the iljeritificstiomuiiiber 3ssigiicd purbucl:i!
the regulations of the U.S. Environrrierital Protection Agency to specific types of h~
dous waste.
(f) "Establisrlnent" shall mean a single business operation conducted on the i;
contiguous parcels of property under the sa:iie ownerstii p or eriti tlenmt to use.
(9) "tiazardous rilateri al" means any tiszar-dous substance or hazardous w,tst.e.
(h) "Hazardous substance" ineans any substance or product:
(1) for which the li!dnUfaC turer lcr produc(3i- is rec;!!i red Ld prcps:'t? an the substm~e Qr pr!Jadsct pgr~;j~:~t, tc the iiszzydci:: S!;!::!j::<;c: 1qf~y;i;;t L-.:,
Training Act (corniai?ncing with Section 6360, Chdpter 2.5, Psrt 1 of 3ivis
the Labor Code) or pursuant to any applicable Federal law or reyi.i1;iion, IJ~'
(2) which is listed as a radioactive material set forth in hapter 1 , Tit: t? Appendix E, of the Code of Fedt2ral Aegu;aiions 6s .r!ai:1taiil 8d'.IC 2jIJ2t?C L :.
N uc 1 ear Reg u 1 at or y Coinin i s s i on .
(i) "Hazardous waste" [neatis hazardous or extreniely hazardous waste ac; defined 127 C
tion 25115 and 25117 of the Health and Sa-'ety Code and set forth in Tit113 22 of tile Ca fornia Administrative Coae.
(j) "Handle" means to generate, treat, store, or disposz Df a hazdi-dcjkis :qaste i 1
fashion.
(k) "IIISDS" ineans Mate?-i a1 Safety Data Sheet prepared pursuant tc, Sectien 6390 2 f
(1) "Persoil" rrieans an individual , .:rust, firlu, joint stocK company, corpor;:;i
(rn) "Proprietary inforrnation" means inforniation r-eyard'ng coinpounds or ingrcd
used in a process or proauction. vd-ticli do not qualify as trade secrets but ihich prcvjt
an industry or business with a coinpetitive advantage.
(n) "Release" ineans any spilling, leaking, pumping, pouring, aiitting, snpty!'! discharging, injecting, escaping, leaching, dumping, or disposing into the environnen::.
(0) "Reproductive Toxins" means a substance or agent Nhich can affect reprodtic:;. functions causing birth defects, spontaneous abortions , irnpai red sper:natogenesi s , rcd :JL fertility and/or intra uterine growth retardation, and appears r)l: the list of ha.r?>?(A
substances prepared by the Director of Industrial Rei ations pursuant to Section 6?L;ij the Labor Code.
Labor Code.
partnership, association, city, county or district.
(p) "Scnsi tive hazardous materi a1 s" means hazardous iiiateri a1 s recognized ljy t
Health Officer whit!) if del iberstely misused would present an irrlminent threat to ij:iI>l health and safety.
(9) "SIC code" inpans the identification nuinbcr assigned by the Stantl;?rd Ind'i.,*.+-i
(r)
Classification Code to specific type of business.
"Use" includes the handling, processing, or storage of a hazardous substance.
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0 (I) (s) "User" iiieans any person who uses a hazardous substance or handles
waste.
Sec. 68.803. REVIEW OF DESIGNATION AS CARCINOGENS OR RI:PKO[)iJCTIVE TOXINS.
By July 1 of each year, beginnjng bli th the year I983', tlie Hila1 th Officar ill; to the Board of Supervisors inaterials which should be addEd or delet.etl frolir t tion as carcinogens or reproductive toxins described in subdiviriion (a) cariil (a)
68.802.
Sec e 68.8011. HAZA2DOUS HATE2 IALS ADV I SORY COiM 1 T.TEt.
The Health Officer shall establish an advisory coiil:iitt,:-e re,it-csentiilg providers, industry, 1 abor, fire sapressi on, 1 aw cr!force::ierit, COiW?YCi ty ai:d (?r
interests. The purpose of the coiiiinittee shall be to advise the ileci1r:ii 9ff
implenentation of this ordinance including effective methods of public info educat i on.
Sec. 65.8r35. FiLING OF A FIAZARDOUS S3ijSTfiNCE DISCLOSUN: FORti.
(a) Based on SIC Codes and other siiiiilar classifications, the I-leal'h Of
identify establ i shiiients which are potenti a1 users of hazardous rnateri a1 s.
(b) Every person wino oiws or operates an establisiiwnt that is identi
Health Officer as a poteniial user shall complete, within 3(! ciays of rcxeii Health Officer, a form requesting the following inforrliation:
(I) Nailli!
(2) Address
(3) Type of Business
(4) bihether the person uses or handjes hazardous materials
(c) Any person who uses or handles a hazardous inaterj3.1 must annually su
(d)
pleted disclosure form to tile Malth Officer by Septeciber 1 of each year.
Within 30 days of any:
(1) Major change in the use of new hazardous inaterials in reporta
(2) change of business address;
(3) change of business ownership; or,
(4) change of btisiness narie;
ties;
the user shall submit a disclosure fori;; detailing the new use or handling or c
p r i j, t e i n f o r 1 n st i o n .
-3-
w W Sec. 68.806. MAINTENANCE OF FILES.
(a) The Health Officer shall maintain files for at least 30 years of all disclc
forms received and provide for a data bank of generic NSI)S heal tit mJ safcty infOt-iii<i
These files shall be open to the public for inspection and reproducti:in during III
business hours. The disclosure forms shi311 be fi led by street address.
(b) Any persori !nay request inforinati3n regarding i.idziirdo!is I4;:ter-i i?ls at. an t3sic7,1!?
rnent froin the County DcPartincnt of Ileal tti Services. In si tucttioiis iiivQlvin5j p,-,ti.rit i : actual exp0sc;rt.s the Dcpartincnt siial 1 wi t:iin 2 working days of the ;i~-)rsori's r-[.!qdest, L
ine the records of any establ i st-iincnt in2de avai 1 ai)]? or suhinittccl piirsLic:iji~ to St.;- 68.xI?(c) of ?Jij s o:-jjn<:::cc to c[,taj:i ii:e j~for:i;~t,i~;~ ye
release 'tile inforination to ti-ie rcquesticg person bqi t/Iis 5 wor-kiog days sf tiit 1)pr-S
request consistent with tile requireirients of Section 68.311 of this Ord;na.icc. 11;
event of a medical meryency, the Department shal 1 take a11 iiieasures necessary to 05 the inforination iinmedi atcly.
(c) In situations involving non-imininent pub1 ic health cunccr-ris, {ir requests
large anounts of inforii!ation, the Departiiicni Siial 1 pt-o\:ide the inTor-iIidtion vi th?? (i
sonable period of tiir:e, given the riatgre arid extent of the request. TIIF 9eji~;fftlnerit
collect fees to recover costs for providirig information urlder this silbsection.
Sec. 68.1307. CONTENT OF THE DISCLOSURE FOW.
(a) The disclosure form shall he prepared by the Sei!th Office:- v:jtii tiic 2ssisi .ii
if necessary, of fire persclnnel, the Gepart:nent of 2lanning arid iar!ci iJse, ad ot'1e:-
terested parties, The disclosure form shall include, rc(;u?sts for the fa1 1oi.iiiIS:
(1) A listing of the chemical naiiie or any C0:iliiion tiaxe of exit carcinogen 0:- productive bxin used by tn? person completing the di sclos:.ire foriii.
(2) A listing of the chemical name, or coinliion nmes of every hazardous subst;,
used by the person coilipl?ting the dixlosure forin.
(3) c\ listing of every hazardous :.:aste haildled by the person colr!p:eting the I;
closure form.
(4) The nlaxiinuni arnourit of each and every hazardoiis rnateriai disclosed in sut:~~ tions (l), (2) & (3) which is stored at any one time by the liser over the course 3f
year. Quanti ties are to be reported rri thi n specified ranyes.
(5) An indication that the user possesses appropri ate discharge pcr:iii ts for :
intentional releases of the hazardous inat.eri als disclos?i! in suhscction (I.), (2) ?l !
into the air, water, sewers, or land to enable the coonunity to understand the SOUTCE quanti ty and coriterit of hdzar-dous iiiateri a1 releases ~
(b) The Kealth Officer may accept forms required by stzte or federal lau in lieu portions of the disclosure fori;r specified in this section provided that such stol::
federal fot.llis contain equivalent infoririation.
(c) Chy person who is required to imifitain and inake available ari MSDS pursutl:I1. Californid Atiiiiinistrdtive Code, Title 6, Section 5194 shall nlake such docuioerit avdi 1,jL to the Health Officer upon request within 2 working days.
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.* m 0 c.
(d) Upon request 9 a1 1 users riius t prov idtl iii t orxiat i 01-1 lwyonll tilai. speci
quested in the disclosure form to ttie Health Officer, if the Health Officer that such inforination is necessary to protect health and safety or ttie erlviror additional information shall be subject to the trade? secret provisions of Sccti
Sec. 68.808. Ei4EKGCNCY RESPONSE IRFOWATION.
(a) Each establishrnent shall provide the ti?alth Officer’ with 3 list of
dresses, and phone riulnbers (office and honrc) of a1 1 persoiis qual i f i cxl ,]lid aL act as an e;nerge:!cy coritact.
(h! Ntwn nocr?ssdr,v3 the Hedl t.h C!ffjcer may rt?qui:ct . i. ,i <> r! :‘I 1 j 1; f() ,-;I; ,? i; j 0;
where tiazarilaus rcatcri a1 s are stored, f3r the piii*~ose of
and other meryency response t-earns that may be ca1 led upo:~ to provide merger in connection with the hand’i ing and use of hazardous inateri a1 :;.
(c) All eaiergency response inforination sa!xriitted or made avai labls to (
cies pilrsuaijt t3 ttiis section shall be kept confidential and shall no^ .le c the public unless requiyed by coinpel1ir.y circu:istar:c!::s coi;!;titutirig -111 1; lei
public health. The Board uf Supervisors hereby finds and declares that this
were it accessible to the general ?ublic, may be potentially used to sz9otag or otherwise dafiage industrial facilities. The 8oard o-‘ Supervisors fwth
PUrSUarlt to Gover.nrr,ont Code Section 6255, that the public iflterest s?:-vd by
such inforination pdblic, clearly outwighs ttie pub1 ic iri.;erest served Sy di such inforinatioii.
,- r
Sec. 68.809. EXEMPTIONS TO DISCLOSURES.
(a) k substance designated as a hazardous ssbstance by this cnaptet- so
presence on the Nuclear Regulatory Curnrriissi:,n list of mdioactive :iiaterialr exeinpt froin the reqzireinent that these naterials be listed on the disc’!r)wre fc
(b) Hazardous substances contained only in corisimer products packaged f ution to, and use by, the general public shall be exeinpt froin disclosure under ter.
(c) Any person using or handling a hazardous rnaterial in mounts ngt ex pounds or 55 gallofis, whichever is the lesser, in any mnth in one locatioi
exanpted froin the requirement of disclosure of that use or handling unless
Officer upon approval by the Board of Supervisors has provided notice that. he
changed the weight or volune limits of this exenption for a specific class of
extremely hazardous materi a1 s in response to ptibl ic heal til concerns. Tni s ?xein not apply to laboratories involved in chemical synthesis md production. !:no
gens or reproductive toxins of any quantity shall not be exempted p~rsuaiit to t tion unless used or intended to be used for medical or- therapeutic purposes.
Sec. 68.810. PENALTY FOR VIOLATION - MISDEMEANOR.
(a) Any person who, upon receiving written notice frclrn the Health Office Coinply With the provisions of Section 68.805 is guilty of a misdemeancr. f
which d fdilur-e to file occurs shall be considered a separate violation.
Such person may also be civilly liable for injuries to persons or prop by the fai 1 ure to coiiiply wi th Section 68.805. (b)
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W m Scc, 68.811 CONFIDf3TIALITY -
(a) If a uSer believes that a reqacst for inforitial:ion i:!;ide by eittirr ttie di .;(.li
forrn or pursudiit to subdivision (c) anti (d) of Section b:i.:;UY involvcis tho rcl?<ist) trade secret, the user shall Stairii:, rnarj.. or designate tiif? i:iforii;citiuii iis a tradc si. and shal 1 su!mi t ttie inforination requested to the Health Of-f.icer.
(b) The tiealth Officcr shall yot~l from disclosar-t? <~iij' 2nd 2.11 irdtic seCt-ei.l, \:,' into his or her possession, as defined iri subsection (1:) of Stict-ion 54.7 of thi\ 3
ment Code arid Sectiori 1060 of the Eviderlc? Code, khen rcqiicii;teti in Kt' ing by the ii'i~'!.
(c) Any infomatioti reported t~ or otherp:ist7 ol;ta'i;.ictl I,:i the i!t.~i! tii ;lVicet-7 , .
of his represeni2tivcs w a;ipIoy?:t-, , ?:hj ch is EX, >t fr(I:ii ~:ii >:::CIS!.J,.~.: tj i!,\:i(~!it kc, I. .'
isior? (b), shall not be disclosed to ar-iy\Jne excel an of ficcr or eii;,loycc. of tile (1 the State of California, or the !Jni Led States oi hcrica, in conn?ctiC\i-I ,,,i; til ti?? .:r 'I
duties of such officer c)r fiilployee uridt.r any law for the gt-ot2ctil;r-i of iltlaltn, or i:,
tractors with the County or medical service proYiders an:i their QI~;)?O~?OS, if i,; opinion of the ikalt? Officer- such disclosure is nccess.iT-y fr;lr the sstl;fdct<~ry i:\:. - ance of their duti es.
(d) For the purposes of this Section, fire arid mergcncy response ~C~~~~i~!1~1 ani' !.:( ty health personnel operating viithin the jurisdiction of the County stiz2I be corisi it
employers of the County,
(e) Information certified by appropriate officials ~f the :.hited St3te;, ticc. :>,*:
sarily kspt secret fsr iidtioiial defense purposes, si-16: 1 be accbr-dcd l.he VJ i I ?!',JF:. c
against disclosLire a; specified bj/ such official or in accorciance :.iith the lak::; r:f lJni Led ztat~s,
. 7.
(f) (1) The Health Officer upon his or her own initiativ? or iijJOri receipt of 3 quest for tile release of inforiiiatiot1 designated as a tr.;de secret hy 2 ~s~r-, 51121 1 '
mine whether afiy or all of the informatiori so subriiittc_.d is properly ucsicjn6tc.d as a
secret,.
(2) If the Hezlth Officer aeterinines t.hat the inforciation is not a trade s2ct-t
(3) The user shall have 45 days after rece'pt of notification to provide
the Health Offjcer shall nctify the user b.y certified mail.
Health Officer with a coniplete justification arid statexelit of the grc,uiids 3n lvhi~-~i ->
trade secret privilege is clair&. This justification atid stateiient shall be subrilitlc>td certified mai 1.
(4) The tieafth Officer shal 1 determine whether such inforin;itiori is prot,cl:!. a trade secr2t viithin 15 days dfter receipt of the justification md statwent or, if justificatiori arid statement is submitted, within 30 days of the original notice. 1
Health Officer shall noti-fy the user dnd .my party who iias requested ttre infor:iiai.ic,:I,
that deti.r-ininatiot1. The final notice shall also specify a date, not soorier than ii) U,
after the date of mailing of the final noi:ice, when the infor:natior! slia! i he indclfl ,.:'-!i able to the public,
(5) Prior. to the date specified in the findl notic?, a uscr 'iidy inst.it.:!' I action in an appropriate superior cow-t for a declaratory judyirient as to whetht'r' ',u
inforination is subject to protection under subdivision (a) and ttie inforriiation shsl i n be disclosed pending findl judgment in such action.
(9) The provisions of this section shllll not pwniit a user to refuse to disc'losc ii formation reqiiired pursuant to this chapter to the Health Officer.
-6-
'*,', a 0
.) . A user may designate, wi-im appropriate, irifoririiitiori inci(lv dvai 1al)le to
'Officer by either the disclosure form or pursuant to subdivisions (c) and ((I)
68.807 as proprietdry inforwat.iori or as inforination regiil-Lli ncJ sensi t,ive haz.x ials. The Ht?alth Officer will disclose this inforiiiat,ion only to tictIlth cdre 1;
other individuals, inc.luding but not linii ted to neighborhood residents, after
Officer determine.; that this infot-rcation is needed for- lcg i i;iinate licLil th conccr
(i) In si tuatioris involving extremely sensi Live iliclt,ciri ais, such as ndtioi
work, which are normally protected by el abordte sccuri ty syst?iis, iiie timl t!i
issue a vari ancc to o!ni t the li stiriy of certain hardrdous substances fr'olil the
forin to prottxt such inforruat'ion from inadvertant disclosure, provideid 1,:iai til
i qf i e? i:hf? i!? 1 IQL!~ r!2 reqiji r-e!!\L~r!!:$.:
(ti)
(1) . The user niust denonstrate to the satisfaction of the ;iedl:li Of
there is the potential for i;ii suse if the hazardous s:ii,stiinccs o?~ iI.if'i,riiiatioi- them are obtained by the public.
(2) The user must indicate 011 tile appropriate Place 011 tile uisclosure
hazardous silbst arice is bei ny mi tted froiii. the fot-ni.
(3) The user must provide the following inforination fro5 tile ..'i5ilS for ardous substance o:nitted: Fire and Explosive Hazard Data, Health kjzz?i~-~d 9zt3, Data, Spi 11 or Leak Procedures, Special Protection Ii:fot-!:iation, aiid S39ci a7 ?\-e(
(4) The user :Iiust agree to an inspection of all facilities by the iical to insure that all hazardous inaterials are being handled iil a safe ::Iai:ner.
(5) Tne user must make provisions to a3 low for iiiiiiledi at2 imepender access to the hazardoas mdteri a1 s records of the estabi i sl:;;ient by t!ie !!ea> th Off
(6) The user iiiiist establish to the tiealth Off'icer's saLisfaction that a
cy coordinator wil'l be available on a 24-hour basis to stipply inforination oil
materials at. tile establishizent to the Health Officer.
(7) The user riiust keep at least one listing of hazardous slrbstances an
(8) The user may be required to pay a higher per!iiit fee to cover the e
of additional inspections and administrative procedures required by the abovc
ments.
(j) Any officer or mployee of the County, or former officer or enploye
virtue of such eiiploperit or official position has obtained possess.ion of or has
material the disclosure of which is prohibited by this section, ana who knowing
closure of the material is prohibited, knowingly arid willfully discloses the !iii
any manner to any person known riot to be entitled to receive it, shall be 911
misdeineariar. Any contractor with the County of San Diego ,ind any ailployec of
tractor, who has been furnished information as authorircd by ttii s st'ctioii, stid1
sidered to be an anployee of the County of San Diego for purposes of thi s section
(k) The 3oard of Supervisors finds and declares, piirsuwt, to t.he Govern Section 6255, that the publ ic interest served by not ir1Jkin(j information regard secrets, proprietary information, and sensitive hazardous iiiateri a1 s publ ic cle
weighs the public interest served by disclosure of such information to rnciribei general public, except as provided by this section.
the disclosure form at a separate location from the estah!is.i;nent.
-7-
w w
Sec. 68.812. FEES.
The Board of Supervisors insy establish a schcdriltr of fees to be paid by i)(:i-si>tl:; j or hdndling hazardous iiiater-ials vtiich is sufficient. to cover tiici costs LC the Loii~!:
admini steriiq this chapter and conducting investiydtioris to ensili'f ioiiipl i diicc. iiit> \c-
ule of feo; shall include d provisiori for collection of dclinquency fcti.;.
SK. 63.313. EI4FO/!CE;4I.:iT OFF- ICER - A!JTli'31<ITY - I?1Si'ECTIOi.i.
The Health Officer is authorized mil cmpowcred to enforce thc provisio?is i)f tiiis ,.
ter and to inspect cii activities as si-e wqulatcd in 'ii-tis chaijt(2:-
detei-iiliiii tig cmpl i 2r z,i ttr tiii s (;ii2;iti:r. b;o IjCi-jori >ii<jj i gb5:r~ic i f;!'
iiealtti office^. j,i i-I perfor-t:isi;ce of tiieie duties. in<> 11231 tri Of; i(.tir to make such arrests and issue citaLions pursuarit tG Penal Code Sccti for viol atir)ris of this chapter.
-
Sec. Gr3.814. SEVCRABIL ITY
If 3ny section, subsection, sentence, clause, or phrase of lii.is zii,:;;tet- is i :. reason held to be invalid or uriconstitutional by a decision of any court 3r coi>~i_)-.-
jurisdiction, such decision shall not affect the validity of ttle remI:a'i'ing p~~t the chapter. The board of Supzrvisors hereby decl;.,ri.s tha: it ~i<~~ld i
chapter a.;:d each arid wery sc-r,'iion, subsection, se:ir;:;~ri;.::~, C':CIS<~, or ;kt:- invalid c)r cinconsti ti.itioria1 wi ttio;t regard to v:hetri-c-r arly pjrti(jI1 of t;-ci j cii;a;~t,;;. ,', be subs?y;1t>:1tly dcicl a!-ed izval id ili' ljr!cons'ii tuticnal .
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c e TUESDAY, OCTOBER 5; 1982 e - F!os.36-3Q
c A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ESTABLISHIN
HAZARDOUS MATERIALS DISCLOSURE PERFIIT XES
WHEREAS, on ky 25, 1962, the 3oard of Superviso'rs adopted an Ordinancc
closure of hazardous materials (Ordinance No. 6293); and
h'iiERiAS, Section 68.812 of the a;nended ordinance adopted on Segternber ;
vides for a permit fee for disclosure of hazardc'As mt.terials; and
EHEXEAS, the suhitted fee schedule will provide sufficierit revenue to
for. enforcing the ii2zardous i*izterials Disclosure Ordinance; and
\/%EREAS, the revenue provided by the proposed fee scnedi~le GF~S ccx;ply w
Bo2rd of Supervisors' Policy 8-29 of having revenues sufficient to meet
ty services; NOW. THE;IEFGRE,
It is RESOL'JED, ORDERED AND DETEKEINED by the Board of Superviz-rs of
San Di ego, that the fol lowing fees for HazarGous '4zter-i a1 s Gi sciosurt
hereby establ i shed :
$175 .GO per estzbl?: shrnent Th TTT 1141 i 1At DISCLGS!Ji?C FEE
SUsSEQUE l:T ANNUAL
D1SCLOS;'ZE FEE 66.00 per esrzblj shmest
Ail estaS:ishmnts r2qtiired to fil? 2 disc'iosure form wi 11
pay an iniii a? - fi; i ing fee. EstzbIish:,?nts thzt pcssess a County of San Gi e20 Hzzardcus \<?si: Est<::: ! shmen; Per
shall be exe,z,pt from subsequent ancual di :;closure renewa:
fees .
Users who are delinquent in filing djsclosur-2 forms and/or
paynent of fees sha?l be subject to paylent of the original fee plus late fees. Late fees will be 10% of the required fee if delinquent by more than 30 days. Li?t? fees swill be
103% of the required fee if aelinqxnt by more than 60 days.
IT IS FU2TfiE2 KEStX'iED that the above fee scheGcle shall becoine effectij
5, 1952.
PASSED AND ADOPTED by the Board of Supervisors, County of San State of California, this 5th day of Octcber, 1982, by the follow
AYES: Supervisors Fordern, Hedgecock, Bates and Eckert
XOES: Supervisors None
ABSE:~IT: Supervisor Hamilton
NOS. 36-40
10/5,/8 2
ih
* 0 Carl 2
Decreed a Legal Newspaper by the Superior Court of San Diego County
3 138 ROOSEVELT ST 0 P o BOX 248 8 CARLSBAD, CA 92008 0 729-2345
STATE OF CALIFORNIA, ss
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled
I am principal clerk of the printer of the Garisbad hirnal a rewspaper of general ci
published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, a
newspaper is published for the dissemination of local news and intelligence of a general charc
which newspaper at all times herein mentioned had and still has a bma fide subscription list
subscribers, and which newspaper has been established and published at regular intervals ii
City of Carlsbad, County of Sun Diego, State of California, far a period exceeding
next preceding the date of publicatic
notice hereinafter referred to; and that i
of which the ar nexed is a printed copy,
published in ecch regular and entire issi
newspaper and not in any supplement t
the following clates, to-wit:
-
NOTICE OF PUBLIC HEARING
ADOPTION, BY REFERENCE, OF RE
COUNTY ORDINANCES RE HAZARDOUS WASTES AND HAZARDOUS MATERIALS DISCLOSURE ............. .J:s.l?uasy. 8.. ..... NOTICE IS HEREBY GIVEN that the City Council oftheCityofCarls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad. California. at 6 00 P.M on Tuesday, January 18, 1983, to consider adopting, by refer- ence, the County of San Diego ordi- nances ielating to hazardous wastes and hazardous materials disclosure Copies of the County Ordinances are available in the Office of the City Clerk, 1200 Elm Avenue, Carls- bad. California, for review
CJ S140 January 8,1983
...............................
...............................
Applicant City of Carlsbad ................................ CARLSBAD CITY COUNCIL
...............................
I certify under penalty of perjury that the foreg and correct. Executed at Ca lsbad County of State of California on day of J;,nua-ir 1985 /
Eke '8th
n-;dd 4 ii
2M-4/82 , Clerk of
I) e
NOTICE OF PUBLIC HEARING
RE -
ADOPTION, BY REFERENCE, OF COUNTY ORDINANCES RE HAZARDOUS WASTES AI
HAZARDOUS MATERIALS DISCLOSIJRE
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbi
hold a public hearing at the City Council Chamber,. 1200 Elm Avenue
Carlsbad, California, at 6:OO P.M., on Tuesday, January 18, 1953, -
consider adopting, by reference, the County of Sail Diego ordinance: relating to hazardous wastes and hazardous materials disclosure.
Copies of the County Ordinances are available in t.he Office of the
Clerk, 1200 Elm Avenue, Carlsbad, California, for review.
APPLICANT: City of Carlsbad
PUBLISH : January 13, 1983 CARLSBAD CITY COUNCII