Chapter 6.03
HAZARDOUS MATERIALS DISCLOSURE
Sections:
6.03.010 Findings and purpose.
6.03.030 Designation of a hazardous material.
6.03.040 Filing of hazardous material disclosure form.
6.03.050 Exemptions from disclosures.
6.03.010 Findings and purpose.
The City Council finds and declares that hazardous substances and wastes present in the City of Dixon may pose acute and chronic health hazards to individuals who live and work in the City, and are exposed to such substances as a result of fires, spills, industrial accidents, or other types of releases or emissions. The purpose of this chapter is to recognize the need for basic information on the handling, storage and use of hazardous material and to establish an orderly system for the profusion of such information. [Ord. 12-004.]
6.03.020 Definitions.
“City” shall mean the City of Dixon.
“Disclosure form” shall mean that form prepared and supplied pursuant to DMC 6.03.040.
“Fire Department” shall mean the Fire Department of the City of Dixon.
“Handle” means to generate, treat, store or dispose of a hazardous waste in any fashion.
“Hazardous material” means any hazardous substance or hazardous waste as defined in this section, or any material designated pursuant to DMC 6.03.030.
“Hazardous substance” means any substance or product:
1. For which the manufacturer or producer is required to prepare a material safety data sheet pursuant to the Hazardous Substances Information and Training Act (commencing with Cal. Lab. Code § 6360, Division 5, Part 1, Chapter 2.5) or pursuant to any applicable Federal law or regulation.
2. Which is listed as a radioactive material in Appendix B of Chapter 1 of Title 10 of the Code of Federal Regulations, maintained and updated by the Nuclear Regulatory Commission.
“Hazardous waste” shall mean any hazardous or extremely hazardous waste as those terms are defined in Cal. Health & Safety Code §§ 25115 and 25117.
“Person” shall mean any individual, trust, firm, joint stock company, corporation, partnership, association, city, county, district and the State, or any department or agency thereof.
“Use” shall mean the handling, processing or storage of a hazardous substance. [Ord. 12-004.]
6.03.030 Designation of a hazardous material.
A material may be added to the list of hazardous materials set forth in DMC 6.03.020 upon a finding by the Fire Department that it satisfies the following criteria:
The material, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released. A material added to the list of hazardous materials pursuant to this section shall be designated as either a hazardous substance or hazardous waste by the Fire Department. [Ord. 12-004.]
6.03.040 Filing of hazardous material disclosure form.
Any person who uses or handles a hazardous material must annually submit a completed disclosure form, prepared by and available from the Fire Department, as follows:
A. On September 1st of each year;
B. Within fifteen (15) days of this chapter first becoming applicable to a person;
C. Within fifteen (15) days of any:
1. New use or significant change in the use or handling of a hazardous material;
2. New use or handling of a previously undisclosed hazardous material;
3. Change of business address;
4. Change of business ownership; or
5. Change of business name. [Ord. 12-004.]
6.03.050 Exemptions from disclosures.
The following materials or persons shall be exempt from disclosure under this chapter:
A. Hazardous substances contained in food, drug, cosmetic or tobacco products;
B. Any person using or handling less than five hundred (500) pounds or fifty-five (55) gallons a month, whichever is the lesser, of a hazardous material (other than carcinogens) unless the Fire Department provides notice that the weight or volume limits of this exemption have been lowered for a specific hazardous material in response to public health concerns;
C. Hazardous substances contained solely in consumer products packaged for use by and distributed to the general public;
D. Any person while engaged in the transportation of hazardous materials, including storage directly incident thereto; provided, that such materials are accompanied by shipping papers prepared in accordance with the provisions of Subchapter C of Title 49 of the Code of Federal Regulations. [Ord. 12-004.]
6.03.060 Fees.
The City Council 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 City of administering this chapter. Any such schedule of fees shall be set and amended from time to time as required, by resolution. [Ord. 12-004.]
6.03.070 Violation.
Any person violating or causing the violation of any of the provisions of this chapter is guilty of an infraction and may be assessed the cost of the City’s responding to emergencies, including fire suppression, caused by the presence of hazardous materials as well as the cost of cleaning up and disposing of such hazardous material. In addition, any such violation shall be deemed a public nuisance, and the City Attorney is authorized to institute and maintain an action to enjoin such violation. [Ord. 12-004.]