HomeMy WebLinkAboutCC ORD 1985-1860 ADOPTING PORTIONS OF SAN DIEGO COUNTY ORDINANCES RELATING TO DISCLOSURE OF HAZARDOUS MATERIALS AND REGUALTION OF HAZARDOUS WASTE ESTABLISHMENTS, AND ADDING CHAPTER 9.40 TO THE MUNICIPAL CODEORDINANCE NO. 1860
AN ORDINANCE OF THE CITY OF NATIONAL CITY ADOPTING
PORTIONS OF SAN DIEGO COUNTY ORDINANCES RELATING TO
DISCLOSURE OF HAZARDOUS MATERIALS AND REGULATION
OF HAZARDOUS WASTE ESTABLISHMENTS, AND ADDING
CHAPTER 9.40 TO THE NATIONAL CITY MUNICIPAL CODE
WHEREAS, the presence of hazardous waste and materials in the City of
National City may pose chronic and acute health hazards to individuals exposed
to such substances, and
WHEREAS, the people who live and work in National City have a right and
need to know of the use and potential hazards of hazardous waste and materials
in the community, and
WHEREAS, requiring disclosure of hazardous materials is not presently
enforced within the City of National City, and
WHEREAS, adoption of San Diego County's ordinances relating to disclosure
of hazardous materials will permit enforcement of this ordinance within the City
of National City by the San Diego County Health Department;
WHEREAS, regulation of hazardous waste establishments is presently being
enforced by the San Diego County Health Department, and
WHEREAS, adoption of the San Diego County ordinance relating to the
regulation of hazardous waste establishments will serve notice that the San
Diego County Health Department has authority to enforce this ordinance within
the City of National City by virtue of State Health regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
National City, that a new Chapter 9.40 be added to the National City Municipal
Code, relating to disclosure of hazardous materials and regulation of hazardous
waste establishments, as follows:
DISCLOSURE OF HAZARDOUS MATERIALS AND
REGULATION OF HAZARDOUS WASTE ESTABLISHMENTS
9.40.010. Adoption of County Ordinance Requiring the Disclosure
of Hazardous Materials.
Chapter 8 (commencing with Section 68.801) of Division 8 of
Title 6 of the San Diego County Code of Regulatory
Ordinances known as the Disclosure of Hazardous Materials
Ordinance, is hereby adopted as an Ordinance of the City of
National City, with any amendments and modifications of that
division as have been or are duly adopted by the County of
San Diego, unless local modifications are enacted by the City
of National City, pursuant to law.
9.40.020. Adoption of County Ordinance Regulating Hazardous Waste
Establishments.
Chapter 9 of Title 6 of the San Diego th County Code,
Hazardous Waste
commencing with Section 68.901 known as
Regulatory Ordinance, is hereby adopted as an Ordinance
and
the City of National City, together with any amendments
modifications of that division as have been or a f i duly adopted
by the County of San Diego, unless local m
are
enacted by the City of National City, pursuant to law.
9.40.030. Permit Fee.
Any person, association, partnership or corporation required to
obtain a permit under the provisions of this Article, shall make
an application to the County of San Diego,f Depaent the exactof
Health Services. An annual, non-refundable ,
amount of which shall be determined by the County Board of
Supervisors and kept on record by the County Department
Health Services, shall accompany the submission
to defray
nt of Health
the cost to the County for
application to the Depareadministering and providing services
pursuant to this article.
PASSED and ADOPTED this 23rd day of Jul , 1985.
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Kile organ,
ATTEST:
Ione Campbell, City C
APPROVED AS TO FORM:
Geor e H. Eiser, III - City Attorney
OINANCE NO. 6470 (NEW SERIES)
AN ORDINANCE AMENDING THE SAN DIEGU—
COUNTY CODE OF REGULATORY ORDINANCES
REGARDING THE DISCLOSURE OF HAZARDOUS
MATERIALS
The Board of Supervisors of the County of San Diego do ordain as follows:
SECTION 1. Chapter 8 of Division 8 of Title 6 of the San Diego County Code of Regula-
tory Ordinances (commencing with Section 68.801) is hereby amended to read as follows:
Sec. 68.801. FINDINGS AND PURPOSE. The Board of Supervisors finds and declares:
(a) Hazardous substances and hazardous wastes present in the community may pose acute
and chronic health hazards to individuals who live and work in the County, and who are ex-
posed to such substances as a result of fires, spills, industrial accidents, or other
types of releases or emission.
(b) The people who live and work in this County have a right and need to know of the
use and potential hazards of hazardous materials in the community in order to plan for and
respond to exposure to such materials.
(c) Basic information on the location, type, quantity and the health risks of haz-
ardous materials used, stored, or disposed of in the County is not now available to fire
fighters, health officials, health care providers, planners, elected officials, and resi-
dents.
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(d) It is the intent of the Board of Supervisors that this Chapter recognize the com-
munity's right and need for basic information on the use and disposal of hazardous materi-
als in the County and that it establish an orderly system for the provision of such infor-
mation including appropriate education and training for use of information.
(e) It is further the intent of the Board of Supervisors that the system of disclo-
sure set forth in this chapter shall provide the information essential to firefighters,
health officials, health care providers, planners, elected officials and residents in
meeting their responsibilities for the health and welfare of the community in such a way
that the statutory privilege of trade secrecy is not abridged.
Sec. 68.802. DEFINITIONS. For the purpose of this chapter• the terms listed in this
section shall be defined as follows:
(a) "Carcinogen" means a substance or agent which can cause cancer. For purposes of
this ordinance, carcinogens are chemicals for which there is sufficient evidence of car-
cinogenicity as specified in guidelines prepared by the International Agency for Research
on Cancer and the National Cancer Institute and are listed on the list of hazardous sub-
stances established by the Director of Industrial Relations pursuant to Section 6380 of
the Labor Code.
(b) "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 Service.
(c) "Common name" means any designation or identification such as code name, code
number, trade name, or brand name used to identify a substance other than by its chemical
name.
(d) "Disclosure form" means the written request for information prepared by the
Health Officer pursuant to Section 68.807.
11/16/82 (29)
(e) "EPA Waste Stream -Code" -'means the identification number assigned pursuant to
the regulations of the U.S. Environmental Pr-otection Agency to specific types of hazar-
dous waste.
(f) "Establishment" shall mean a single business operation conducted on the same or
contiguous parcels of property under the same ownership or entitlement to use.
(g) "Hazardous material" means any hazardous substance or hazardous waste.
(h) "Hazardous substance" means any substance or product:
(1) for which the manufacturer or producer is required to prepare an MSDS for
the substance or product pursuant to the Hazardous Substances Information and.
Training Act (commencing with Section 6360, Chapter 2.5, Part 1 of Division 5 of
the Labor Code) or pursuant to any applicable Federal law or regulation, or
(2) which is listed as a radioactive material set forth in Chapter 1, Title 10,
Appendix B, of the Code of Federal Regulations as maintained and updated by the
Nuclear Regulatory Commission.
(i) "Hazardous waste" means hazardous or extremely hazardous waste as defined by Sec-
tion 25115 and 25117 of the Health and Safety Code and set forth in Title 22 of the Cali-
fornia Administrative Code.
(j) "Handle" means to generate, treat, store, or dispose of a hazardous waste in any
fashion. -
(k) "MSDS" means Material Safety Data Sheet prepared pursuant to Section 6390 of the
Labor Code.
(1) "Person" means an individual, trust, firm, joint stock company, corporation,
partnership, association, city, county or district.
(m) "Proprietary information" means information regarding compounds or ingredients
used in a process or production which do not qualify as trade secrets but which provides
an industry or business with a competitive advantage.
(n) "Release" means any spilling, leaking, pumping, pouring, emitting; emptying,
discharging, injecting, escaping, leaching, dumping, or disposing into the environment.
(o) "Reproductive Toxins" means a substance or agent which can affect reproductive
functions causing birth defects, spontaneous abortions, impaired spermatogenesis, reduced
fertility and/or intra uterine growth retardation, and appears on the list of hazardous
substances prepared by the Director of Industrial Relations pursuant to Section 6380 of
the Labor Code.
(p) "Sensitive hazardous materials" means hazardous materials recognized by the
Health Officer which if deliberately misused would present an imminent threat to public
health and safety.
(q) "SIC code" means the identification number assigned by the Standard Industrial
Classification Code to specific type of business.
(r) "Use" includes the handling, processing, or storage of a hazardous substance.
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(s) "User" means any person who uses a hazardous substance or handles a hazardous
waste.
Sec. 68.803. REVIEW OF DESIGNATION AS CARCINOGENS OR REPRODUCTIVE TOXINS.
By July 1 of each year, beginning with the year 1983, the Health Officer may recommend
to the Board of Supervisors materials which should be added or deleted from the designa-
tion as carcinogens or reproductive toxins described in subdivision (a) and (o) of Section
68.802.
Sec. 68.804. HAZARDOUS MATERIALS ADVISORY COMMITTEE.
The Health Officer shall establish an advisory committee representing health care
providers, industry, labor, fire supression, law enforcement, community and environmental
interests. The purpose of the committee shall be to advise the Health Officer on the
implementation of this ordinance including effective methods of public information and
education.
Sec. 68.805. FILING OF A HAZARDOUS SUBSTANCE DISCLOSURE FORM.
(a) Based on SIC Codes and other similar classifications, the Health Officer shall
identify establishments which are potential users of hazardous materials.
(b) Every person who owns or operates an establishment that is identified by the
Health Officer as a potential user shall complete, within 30 days of receipt from the
Health Officer, a form requesting the following information:
(1) Name
(2) Address
(3) Type of Business
(4) Whether the person uses or handles hazardous materials
(c) Any person who uses or handles a hazardous material must annually submit a com-
pleted disclosure form to the Health Officer by September 1 of each year.
(d) Within 30 days of any:
(1) Major change in the use of new hazardous materials in reportable quanti-
ties;
(2) change of business address;
(3) change of business ownership; or,
(4) change of business name;
the user shall submit a disclosure form detailing the new use or handling or other appro-
priate information.
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Sec. 68.806. MAINTENANCE OF FILES.
(a) The Health Officer shall maintain files for at least 30 years of all disclosure
forms received and provide for a data bank of generic MSDS health and safety information.
These files shall be open to the public for inspection and reproduction during normal
business hours. The disclosure forms shall be filed by street address.
(b) Any person may request information regarding Hazardous Materials at an establish-
ment from the County Department of Health Services. In situations involving potential or
actual exposures the Department shall within 2 working days of the person's request, exam-
ine the records of any establishment made available or submitted pursuant to Section
68.807(c) of this ordinance to obtain the information requested. The Department shall
release the information to the requesting person within 5 working days of the person's
request consistent with the requirements of Section 68.811 of this Ordinance. In the
event of a medical emergency, the Department shall take all measures necessary to obtain
the information immediately.
(c) In situations involving non -imminent public health concerns, or requests for
large amounts of information, the Department shall provide the information within a rea-
sonable period of time, given the nature and extent of the request. The Department may
collect fees to recover costs for providing information under this subsection.
Sec. 68.807. CONTENT OF THE DISCLOSURE FORM.
(a) The disclosure form shall be prepared by the Health Officer with the assistance,
if necessary, of fire personnel, the Department of Planning and Land Use, and other in-
terested parties. The disclosure form shall include, requests for the following:
(1) A listing of the chemical name or any common name of each carcinogen or re-
productive toxin used by the person completing the disclosure form.
(2) A listing of the chemical name, or common names of every hazardous substance
used by the person completing the disclosure form.
(3) A listing of every hazardous waste handled by the person completing the dis-
closure form.
(4) The maximum amount of each and every hazardous material disclosed -in subsec-
tions (1) , (2) & (3) which is stored at any one time by the user over the ' course of the
year. Quantities are to be reported within specified ranges.
(5) An indication that the user possesses appropriate discharge permits for any
intentional releases of the hazardous materials disclosed in subsection (1), (2) & (3)
into the air, water, sewers, or land to enable the community to understand the sources,
quantity and content of hazardous material releases.
(b) The Health Officer may accept forms required by state or federal law in lieu of
portions of the disclosure form specified in this section provided that such state or
federal forms contain equivalent information.
(c) Any person who is required to maintain and make available an MSDS pursuant to'
California Administrative Code, Title 8, Section 5194 shall make such document available
to the Health Officer upon request within 2 working days.
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: (d) Upon request, al l`tisers .must provide information beyond that specifically re-
quested in the disclosure form, to the Health Officer, if the Health Officer determines
that such information is necessary to protect health and safety or the environment. Such
additional information shall be subject to the trade secret provisions of Section 68.811.
Sec. 68.808. EMERGENCY RESPONSE INFORMATION.
(a) Each establishment. shall provide the Health Officer with a list of names, ad-
dresses, and phone numbers (office and home) of all persons qualified and authorized to
act as an energency contact.
(b) When necessary, the Health Officer may request additional information on how and
where hazardous materials are stored, for the purpose of distribution to fire departments
and other energency response teams that may be called upon to provide emergency services
in connection with the handling and use of hazardous materials.
(c) All energency response information submitted or made available to County agen-
cies pursuant to this section shall be kept confidential and shall not be disclosed to
the public unless required by compelling circumstances constituting an imminent danger to
public health. The Board of Supervisors hereby finds and declares that this information
were it accessible to the general public, may be potentially used to sabotage, destroy,
or otherwise damage industrial facilities. The Board of Supervisors further declares
pursuant to Government Code Section 6255, that the public interest served by not making
such information public, clearly outweighs the public interest served by disclosure of
such information.
Sec. 68.809.' EXEMPTIONS TO DISCLOSURES.
(a) A substance designated as a hazardous substance by this chapter solely by its
presence on the Nuclear Regulatory Commission list of radioactive materials, shall be
exempt from the requirement that these materials be listed on the disclosure form.
(b) Hazardous substances contained only in consumer products packaged for distrib-
ution to, and use by, the general public shall be exempt from disclosure under this chap-
ter.
(c) Any person using or handling a hazardous material in amounts not exceeding 500
pounds or 55 gallons, whichever is the lesser, in any month in one location, shall be
exempted from the requirement of disclosure of that use or handling unless the Health
Officer upon approval by the Board of Supervisors has provided notice that he or she has
changed the weight or volume limits of this exemption for a specific class of acutely or
extremely hazardous materials in response to public health concerns. This exemption shall
not apply to laboratories involved in chemical synthesis and production. Known carcino-
gens or reproductive toxins of any quantity shall not be exempted pursuant to this subsec-
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 from the Health Officer, fails to
comply with the provisions of Section 68.805 is guilty of a misdemeanor. Each day on
which a failure to file occurs shall be considered a separate violation.
(b) Such person may also be civilly liable for injuries to persons or property caused
by the failure to comply with Section 68.805.
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Sec. 68.811 CONFIDENTIALITY:
(a) If a user believes that a request for information made by either the disclosure
form or pursuant to subdivision (c) and (d) of Section 68.807 involves the release of a
trade secret, the user shall stamp, mark or designate the information as a trade secret
and shall submit the information requested to the Health Officer.
(b) The Health Officer Shall protect from disclosure any and all trade secrets coming
into his or her possession, as defined in subsection (d) of Section 6254.7 of the Govern-
ment Code and Section 1060 of the Evidence Code, when requested in writing by the user.
(c) Any information reported to or otherwise obtained by the Health Officer, or any
of his representatives or employees, which is exempt from disclosure pursuant to subdiv-
ision (b), shall not be disclosed to anyone except an officer or employee of the County,
the State of California, or the United States of Aneri ca, in connection with the official
duties of such officer or employee under any law for the protection of health, or to con-
tractors with the County or medical service providers and their employees, if in the
opinion of the Health Officer such disclosure is necessary for the satisfactory perform-
ance of their duties.
(d) For the purposes of this Section, fire and emergency response personnel and Coun-
ty health personnel operating within the jurisdiction of the County shall be considered
employees of the County.
(e) Information certified by appropriate officials of the United States, as neces-
sarily kept secret for national defense 'purposes, shall be aceorded the full protection
against disclosure as_ specified by such official .or in accordance with the laws of the
United States.
(f) (1) The Health Officer upon his or her own initiative or upon receipt of a re-
quest for the release of information designated as a trade secret by a user, shall deter-
mine whether any or all of the information so submitted is properly designated as a trade
secret.
(2) If the Health Officer determines that the information is not a trade secret,
the Health Officer shall notify the user by certified mail.
(3) The user shall have 15 days after receipt of notification to provide the
Health Officer with a complete justification and statement of the grounds on which the
trade secret privilege is claimed. This justification and statement shall be submitted by
certified mail.
(4) The Health Officer shall determine whether such information is protected as
a trade secret within 15 days after receipt of the justification and statement or, if no
justification and statement is submitted, within 30 days of the original notice. The
Health Officer shall notify the user and any party who has requested the information, of
that determination. The final notice shall also specify a date, not sooner than 15 days
after the date of mailing of the final notice, when the information shall be made avail-
able to the public.
(5) Prior to the date specified in the final notice, a user may institute an
action in an appropriate superior court for a declaratory judgment as to whether such
information is subject to protection under subdivision (a) and the information shall not
be disclosed pending final judgment in such action.
(g) The provisions of this section shall not permit a user to refuse to disclose in-
formation required pursuant to this chapter to the Health Officer.
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(h) A user may designa4, when- appropriate, information made available to the Hei 1 th
Officer by either the disclosure form or pursuant to subdivisions (c) and (d) of Section
68.807 as proprietary information or as information regarding sensitive hazardous mater-
ials. The Health Officer will disclose this information only to health care providers or
other individuals, including but not limited to neighborhood residents, after the Health
Officer determines that this information is needed for legitimate health concerns.
(i) In situations involving extremely sensitive materials, such as national defense
work, which are normally protected by elaborate security systems, the Health Officer may
issue a variance to omit the listing of certain hazardous substances from the disclosure
form to protect such information from inadvertant disclosure, provided that the user sat-
isfies the following requirements:
(1) The user must demonstrate to the satisfaction of the Health Officer that
there is the potential for misuse if the hazardous substances or information regarding
them are obtained by the public.
(2) The user must indicate on the appropriate place on the disclosure form that a
hazardous substance is being omitted from the form.
(3) The user must provide the following information from the MSDS for each haz-
ardous substance omitted: Fire and Explosive Hazard Data, Health Hazard Data, Reactivity
Data, Spill or Leak Procedures, Special Protection Information, and Special Precautions.
(4) The user must agree to an inspection of all facilities by the Health Offi er
to insure that all hazardous materials are being handled in a safe manner.
(5) The user must make provisions to allow for immediate independent 24-hi ur
access to the hazardous materials records of the establishment by the Health Officer.
(6) The user must establish to the Health Officer's satisfaction that an emergrn-
cy coordinator will be available on a 24-hour basis to supply information on hazardous
serials at the establishment to the Health Officer.
(7) The user must keep at least one listing of hazardous substances omitted from
the disclosure form at a separate location from the establishment.
(8) The user may be required to pay a higher permit fee to cover the extra coats
of additional inspections and administrative procedures required by the above require-
ments.
(j) Any officer or employee of the County, or former officer or enployee, who by
virtue of such employment or official position has obtained possession of or has access to
material the disclosure of which is prohibited by this section, and who knowing that ds-
closure of the material is prohibited, knowingly and willfully discloses the material in
any manner to any person known not to be entitled to receive it, shall be guilty of a
misdemeanor. Any contractor with the County of San Diego and any enployee of such ccn-
tractor, who has been furnished information as authorized by this section, shall be c n-
sidered to be an employee of the County of San Diego for purposes of this section.
(k) The Board of Supervisors finds and declares, pursuant to the Government CMde
Section 6255, that the public interest served by not making information regarding tr.de
secrets, proprietary information, and sensitive hazardous materials public clearly o t-
weighs the public interest served by disclosure of such information to members of he
general public, except as provided by this section.
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Sec. 68.812. FEES.
The Board of Supervisors may establish a schedule of fees to be paid by persons using
or handling hazardous materials which is sufficient to cover the costs to the County of
administering this chapter and conducting investigations to ensure compliance. The sched-
ule of fees shall include a provision for collection of delinquency fees.
Sec. 68.813. ENFORCEMENT OFFICER - AUTHORITY - INSPECTION.
The Health Officer is authorized and empowered to enforce the provisions of this chap-
ter and to inspect such activities as are regulated in this chapter for the purpose of
determining compliance with this chapter. No person shall obstruct or interfere with the
Health Officer in his performance of these duties. The Health Officer shall be empowered
to make such arrests and issue citations pursuant to Penal Code Section 836.5 and 833.7
for violations of this chapter.
Sec. 68.814. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this chapter is for any
reason held to be invalid or unconstitutional by a decision of any court or competent
jurisdiction, such decision shall not affect the validity of the remaining portions of
the chapter. The Board of Supervisors hereby declares that it would have passed this
chapter and each and every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion of this chapter would
be subsequently declared invalid or unconstitutional.
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�� �'� �►� 1,) FORM AND LEGALITY
CJ'Li:iSEL
BY
Section 2 . This ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of fifteen (15) days
after its passage, it shall be published once with the names of the members voting
for and against the sane in the San Diego Newsline
a newspaper of general circulation published in the County of San Diego.
PASSED, APPROVED, AND ADOPT is h da v of November, 1982
IM BATES
Chairman of the Eoard of Supervisors of the
County of San Diego, State of California
The above ordinance was adopted by the following vote:
Supervisor Thomas D. Hamilton, Jr. voting "Aye"
Supervisor Paul W. Fordem is absent and not voting
Supervisor Roger Hedgecock voting "Aye"
Supervisor Jim Bates voting "Aye"
Supervisor Paul Eckert voting "Aye"
ATTEST my hand and the seal of the Board of Supervisors this 16th day of
November, 1982 (29)
(SEAL)
•
PORTER D. CREMANS
• Clerk of the Board of Supervisors
By Maria A. Tiscareno
Deputy
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ORDINANCE NO.6469 (NEW SERIES)
AN ORDINANCE TO REPEAL AND REENACT CHAPTER 9 OF TITLE 6 OF THE COUNTY
CODE OF REGULATORY ORDINANCES RELATING TO HAZARDOUS WASTE AND EXTREMELY
HAZARDOUS WASTE
The Board of Supervisors of the County of San Diego do ordain as follows:
Section 1. Chapter 9, Title 6 of the San Diego County Code is hereby
repealed.
Section 2. Chapter 9 is hereby added to Title 6 of the San Diego County
Code to read as follows:
CHAPTER 9
HAZARDOUS WASTE ESTABLISHMENTS
Sec. 68.901. PURPOSE. It is the intent of the Board of Supervisors that
the Health Officer establish a program to monitor establishments where hazardous
wastes are produced, stored, handled, disposed of, treated or recycled. It is
further the intent of the Board of Supervisors that the Health Officer provide
health care information and other appropriate technical assistance on a 24-hour
basis to emergency responders in the event of a hazardous waste incident involving
community exposure.
Sec. 6$.902. HEALTH OFFICER TO ENFORCE STATE HAZARDOUS WASTE CONTROL LAW.
The Health Officer, in addition to his other duties, is hereby designated as the
Officer to enforce the provisions of the State Hazardous Waste Control Law and the
minimum standards of management of hazardous and extremely hazardous waste as
specified in Chapter 30, Division 4, Title 22 of California Administrative Code
pertaining to the safe production, storage, handling, disposal, treatment and
recycling of such waste.
Sec. 68.903 INSPECTION OF PLACES OR ESTABLISHMENTS WHERE HAZARDOUS WASTE
IS PRODUCED, STORED, HANDLED, DISPOSED OF, TREATED, OR RECYCLED. It shall be the
duty of the Health Officer to make periodic inspections of all hazardous waste
establishments where hazardous waste and extremely hazardous waste are produced,
stored, handled, disposed of, treated, or recycled. Such establishments shall
be referred to in this ordinance as hazardous waste establishments.
Sec. 68.904. REPORTING. The Health Officer is hereby empowered to request
all persons believed by him to be owners or operators of hazardous waste estab-
lishments to, within 30 days, complete a form specifying the per son' s name, ad-
dress and information concerning general hazardous waste management activities.
Sec. 68.905 PERMIT REQUIRED. It shall be unlawful for a person to es-
tablish, operate or maintain a hazardous waste establishment without first obtain-
ing a hazardous waste establishment permit from the Health Officer. Owners and
operators of permitted hazardous waste establishments shall report in writing any
change of business address or change of business name. The report shall be filed
with the Health Officer within 30 days of any such change.
11/16/32 (23)
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Sec. 68.906. APPLICATION FOR PERMIT. Every applicant for a permit or
license required by this divison shall file with the Department of Health Services
a written application on a form prescribed by said Department. The application
shall state the name and address of the applicant, the description of the property
by street and number wherein or whereon it is proposed to conduct the activity for
which the permit or license is required, the nature of the permit or license for
which application is made, the character of the activity proposed to be conducted
and such other information as the Department of Health Services may require.
Sec. 68.907. FEE. Every applicant for a permit or license required by
this division shall at the time of making application pay the annual fee prescrib-
ed for such permit or license. Such annual permit fees shall be established by
resolution of the Board of Supervisors.
Sec. 68.908. INVESTIGATION BY DEPARTMENT OF HEALTH SERVICES. Upon re-
ceipt of such application, and the required fee, it shall be the duty of the
Health Officer to investigate the matters set forth in such application, and the
hazardous waste conditions in and about the place where it is proposed to conduct
the activity specified in the application, and if it shall appear to the Health
Officer that the statements contained in the application are true, and that the
existing hazardous waste conditions in the place specified in said application
comply with the provisions of this Code and State laws a permit or license shall
thereupon be granted. Such permit or license shall be subject to revocation or
suspension by ,aid Health Officer upon a showing satisfactory to said Health Offi-
cer of a violation by the holder of such permit , his employee, servant or agent,
or any other person acting with his consent or under his authority, of any provi-
sion of this Code or any law of the State of California.
Sec. 68.909. PENALTY FOR DELINQUENT PAYMENT. Applicants who are delin-
quent in filing the application and obtaining the required permit or license shall
be subject to payment of the original fee plus late fees. Late fees will be 10%
of the required fee if delinquent by more than 30 days. Late fees will be 100% of
the required fee if delinquent by more than 60 days. The imposition of or payment
of the penalty imposed by this section shall not prevent the imposition of .any
other penalty prescribed by this Code or any ordinance or prosecution for viola-
tion of this Code or any ordinance. -
Sec. 68.910. RENEWAL OR PERMIT OR LICENSE-- PERCENT PENALTY FOR DELIN-
QUENCY. A permit or license issued pursuant to this division shall expire on the
last day of the month of the one year anniversary month in which the permit was
issued and shall be renewed annually. At the time application is made, there
shall be paid to the Department of Health Services the required annual fee, which
fee is due and payable each year. The annual fee, if unpaid, is delinquent on the
first day of the second month after the month in which the permit expires and
thereafter a penalty equal to 10 percent of the annual fee shall be added thereto,
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 is due
there shall be added to and collected with the annual fee, an additional penalty
equal to 10 percent of the annual fee for each month or fraction of a month during
which the annual fee or any penalty continues to remain unpaid; provided, however,
in no event shall the total penalty added to the annual fee pursuant to this sec-
tion be more than 60 percent of the annual fee. The imposition of, or payment of
the penalty imposed by this section, shall not prevent the imposition of any other
penalty prescribed by this Code, or any ordinance, or prosecution for violation of
this Code, or any ordinance.
Sec. 68.911. NO TRANSFER OR PERMIT. No permit or license issued pursuant
to this division shall be transferable.
Section 3 . This ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of fifteen (15) days
after its passage, it shall be published once with the names of the members voting
for and against the same in the San Diego "!ewsline
a newspaper of general circulation published in the County of San Diego.
PASSED, APPROVED, AND ADOPTED this 16th day of November, 1982
JIM BATES
Chairman of the Board of Supervisors of the
County of San Diego, State of California
The above ordinance was adopted by the following vote:
Supervisor Thomas D. Hamilton, Jr. voting "Aye"
Supervisor Paul W. Fordem is absent and not voting
Supervisor Roger Hedgecock voting "Aye"
Supervisor Jim Bates voting "Aye"
Supervisor Paul Eckert voting "Aye"
ATTEST my hand and the seal of the Board of Supervisors this 16th
November, 1982 (28)
(SEAL)
!
PORTER D. CREMANS
Clerk of the Board of Supervisors
By Maria A. Tiscareno
Deputy
day of
WHEREAS, on May 25, 1982, the Board of Supervisors adopted an Ordinance for the dis-
closure of hazardous materials (Ordinance No. 6293); and
WHEREAS, Section 68.812 of the amended ordinance adopted on September 28, 1982, pro-
vides for a permit fee for disclosure of hazardous materials; and
WHEREAS, the submitted fee schedule will provide sufficient revenue to recover costs
for enforcing the Hazardous Materials Disclosure Ordinance; and
WHEREAS, the revenue provided by the proposed fee schedule does comply with the County
Board of Supervisors' Policy B-29 of having revenues sufficient to meet costs of Coun-
ty services; NOW. THEREFORE,
It is RESOLVED, ORDERED AND DETERMINED by the Board of Supervisors of the County of
San Diego, that the following fees for Hazardous Materials Disclosure Permits are
hereby established:
INITIAL DISCLOSURE FEE
SUBSEQUENT ANNUAL
DISCLOSURE FEE
$175.00 per establishment
66.00 per establishment
All establishments required to file a disclosure form will
pay an initial filing fee. Establishments that possess a
County of San Diego Hazardous Waste Establishment Permit
shall be exempt from subsequent annual disclosure renewal
fees.
Users who are delinquent in filing disclosure forms and/or
payment of fees shall be subject to payment of the original
fee plus late fees. Late fees will be 10% of the required
fee if delinquent by more than 30 days. Late fees will be
100% of the required fee if delinquent by more than 60
days.
IT IS FURTHER RESOLVED that the above fee schedule shall become effective on October
5, 1982.
PASSED AND ADOPTED by the Board of Supervisors, County of San Diego,
State of California, this 5th day of October, 1982, by the following vote:
AYES: Supervisors Fordem, Hedgecock, Bates and Eckert
NOES: Supervisors None
ABSENT: Supervisor Hamilton
Nos. 36-40
10/5/82
ih
Page 5 of 7 pages
a,
No. 37
ON MOTION of Supervisor Bates, seconded by Supervisor Eckert, the
Board of Supervisors approves four additional temporary positions
required to implement the disclosure of hazardous materials program,
and one permanent position required for staffing the program; and
directs the Director of Employee Services to classify positions and
prepare a Salary Ordinance amendment; and authorizes $63,971 appropriation
of unanticipated revenue from hazardous materials disclosure fees to
salaries and benefits.
Roll call on the foregoing motion results in the following vote:
AYES: Supervisors Fordem, Hedgecock, Bates and Eckert
NOES: Supervisors None
ABSENT: Supervisor Hamilton
No. 38
The Chairman reads the title of the proposed ordinance relating to
disclosure of hazardous materials and ON MOTION of Supervisor Bates,
seconded by Supervisor Eckert, the Board of Supervisors waives further
reading of the ordinance.
Roll call.on the foregoing motion results in the following vote:
AYES: Supervisors Fordem, Hedgecock, Bates and Eckert
NOES: Supervisors None
ABSENT: Supervisor Hamilton
No. 39
ON MOTION of Supervisor Bates, seconded by Supervisor Eckert, the
Board of Supervisors introduces an ordinance for further Board
consideration on October 12, 1982, said ordinance entitled:
AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE OF
REGULATORY ORDINANCES REGARDING THE DISCLOSURE OF
HAZARDOUS MATERIALS
Roll call on the foregoing motion results in the following vote:
AYES: Supervisors Fordem, Hedgecock, Bates and Eckert
NOES: Supervisors None
ABSENT: Supervisor Hamilton
No. 40
ON MOTION of Supervisor Bates, seconded by Supervisor Eckert, the
Board of Supervisors directs Department of Health Services staff not to
Nos. 36-40
10/5/82
ih
Page 6 of 7 pages
(:-
send out disclosure forms relating to hazardous materials until after
a further report is considered by the Board on October 19, 1982, following
Department of Health Services staff discussion with the Hazardous
Materials Advisory Subcommittee and industry representatives.
Roll call on the foregoing motion results in the following vote:
AYES: Supervisors Fordem, Hedgecock, Bates and Eckert
NOES,: Supervisors None
ABSENT: Supervisor Hamilton
Nos. 36-40
10/5/82
ih
Page 7 of 7 pages
C
ORDINANCE NO. 6570 (NEW SERIES)
AN ORDINANCE AMENDING THE SAN DIEGO
COUNTY CODE OF REGULATORY ORDINANCES
RELATING TO THE REVIEW OF HAZARDOUS
MATERIALS DESIGNATION
The Board of Supervisors of the County of San Diego do ordain as follows:
Section 1, Section 68.803 of the San Diego County Code is hereby amended
to read as follows:
Sec. 68.803. REVIEW OF DESIGNATION AS HAZARDOUS MATERIALS, CARCINOGENS AND
REPRODUCTIVE TOXINS.
The Board of Supervisors, upon recommendation of the Health Officer, may, by
resolution, add materials to, or exempt materials from, the materials designated as
hazardous materials, carcinogens or reproductive toxins.
Section 2. This ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of fifteen (15) days
after its passage, it shall be published once with the names of the members voting
for and against the same in the San Diego Daily Transcript, a newspaper of general
circulation published in the County of San Diego.
PASSED, APPROVED, AND ADOPTED this 3rd day of May, 1983.
PAUL W. FORDEM
tit)
Chairman of the Board of Supervisors of the
County of San Diego, State of California
The above ordinance was adopted by the following vote:
Supervisor Thomas D. Hamilton, Jr. voting "Aye"
Supervisor Paul W. Fordem voting "Aye"
Supervisor Roger Hedgecock voting "Aye"
Supervisor Leon L. Williams voting "Aye"
Supervisor Paul Eckert voting "Aye"
ATTEST my hand and the seal of the Board of Supervisors this 3rd day of
May, 1983 (77) .
(SEAL)
PORTER D. CREMANS
Clerk of the Board of Supervisors
By Maria A. Tiscareno
Deputy
APPP,n ID ; TO FO^.;11 I'.NJ LEGALITY
COUNTY CC :SEL
BY
:. Lp„7Y
No. 18 ( TUESDAY, APRIL 19, 1983
A RESOLUTION OF THE SAN DIEGO COUNTY BOARD
OF SUPERVISORS ESTABLISHING HAZARDOUS MATER-
IALS DISCLOSURE EXEMPTIONS
On the motion of Supervisor Hedgecock , seconded by Supervisor
Hamilton , the following resolution is adopted:
Whereas the Health Officer has recommended the following specified materials to be
exempted from the disclosure requirements of the Hazardous Materials Disclosure
Ordinance; and
Whereas, exempting certain specific materials will not endanger the health of the
citizens or emergency responders in the County of San Diego; and
Whereas, providing the recommended exemptions for the specified materials will not
impair the public's right to know about the use and potential hazards of hazardous
materials in the community;
NOW THEREFORE, IT IS RESOLVED AND ORDERED that the following materials be exempted
from the disclosure requirements:
1. Waste oil when stored and recycled in accordance with local fire reg-
ulations.
2. Perchloroethylene, when used in dry cleaning establishments.
APIROvED , TO i .UJ I.EG1lllY
APR 1 91983 # 1 8
PASSED AND ADOPTED by the Board of Supervisors of the County of
San Diego, State of California, this 19th day of April, 1983
by the following vote:
AYES: Supervisors Hamilton, Fordem, Hedgecock, Williams, and Eckert
NOES: Supervisors None
ABSENT: Supervisors None
STATE OF CALIFORNIA ) s s .
County of San Diego )
I, PORTER D. CREMANS, Clerk of the Board of Supervisors of the
County of San Diego, State of California, hereby certify that I have
compared the foregoing copy with the original resolution passed _and
adopted by said Board, at a regular meeting thereof, at the time
and by the vote therein stated, which original resolution is now on file
in my office; that the same contains a full, true and correct transcript
therefrom and of the whole thereof.
Witness my hand and the seal of said Board of Supervisors, this
19th day of April, 1983 (18)
PORTER D. CREMANS
Clerk of the Board of Supervisors
ByMaria A. Tiscareno
Deputy
(SEAL)
APR 1 91983 # S
Passed and adopted by the Council of the City of National City, California,
on J-gly. .23.. 1985 by the following vote, to -wit:
Ayes: Councilmen ...QQopQx..,..Dalla.,..Yan..DQYQn.:e2x.,..W.Qt.e.r.s.,..1Y.o.r.g.a.n
Nays: Councilmen
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY:
KILE MORGAN
By:
Mayor of the City of National City, California
City C rk of the City of National eity, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on May 21, 1985
and on July 2 1985
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. of the City of National City, passed
and adopted by the Council of said City on July. .23.. 1985
(Seal)
By:
City Clerk of the City of National City, California
Deputy