CHAPTER 115: TOXIC OR HAZARDOUS SUBSTANCES
Section
115.01 Purpose
115.02 Information to Be Provided to City
115.03 Availability of Information to Public
115.04 Confidentiality of Information; Exceptions
115.05 Records of Storage Locations
115.06 Inspections
115.07 Exemptions
115.99 Penalty
'115.01 PURPOSE
It is the express purpose of this Chapter to provide to the emergency services of the City initial information relative to hazardous or toxic materials which may be stored, compounded, or manufactured in the City.
[Ord. G-86-1, passed 5-13-86]
'115.02 INFORMATION TO BE PROVIDED TO CITY
(A) Whenever a local business, industry, or private person or enterprise is required, under existing Federal legislation, to provide to or maintain for the Federal government information relative to the storage, compounding, or manufacture of toxic or hazardous chemicals, the information so provided shall also be forwarded to the City at its administrative offices.
(B) The City Fire Chief shall maintain records of the material so forwarded to the City for a period of 30 years. A copy shall also be kept at the City Police Department, and shall be maintained by Fire Department personnel.
[Ord. G-86-1, passed 5-13-86]
'115.03 AVAILABILITY OF INFORMATION TO PUBLIC
(A) The category and degree of hazard are conveyed through the color and number coding system adopted by the National Fire Protection Association, Inc., as published in the current edition of NFPA 704 entitled "Standard System for the Identification of the Fire Hazards of Materials." A copy of NFPA 704 shall be on file for public inspection in the Fire Chief's office.
(B) This information is also on file in the Police Chief's office and is available to the public at a cost of $3 per copy.
(C) Common chemical name information is available to a physician or other medical personnel.
[Ord. G-86-1, passed 5-13-86]
'115.04 CONFIDENTIALITY OF INFORMATION; EXCEPTIONS
(A) The toxic or hazardous substance is identified by a generic chemical classification that would provide sufficient information upon which a health professional could render recommendations for adequate safeguards to prevent toxic or hazardous exposure to the substance. All other information on the properties and effects of the substance are made available on its material safety data sheet/right-to-know form.
(B) The withheld confidential information shall be provided on a confidential basis to a treating physician or other health personnel who states in writing that a patient's health problems may be related to exposure to a toxic or hazardous substance. In an emergency situation, the physician's or other health personnel's request may be oral. The confidentiality of the manufacturer and the employer is recognized, and such confidential information will not be made public.
(C) Confidential claims are not allowed concerning:
(1) Toxics that cause cancer or birth defects, or affect reproductive functions; or
(2) Toxics released into the air or water, or scattered or spread across the land.
(D) An employer shall specify which information, if any, contained on the Fire Chief's list is confidential information. The Fire Chief shall adopt necessary and appropriate practices and procedures to protect information identified as confidential from improper use or dissemination beyond the purposes of this Chapter. No officer, employee, agent, or contractor of any City department, board, or commission shall knowingly and intentionally disclose to anyone in any manner, unless authorized by law, confidential information, except as is required to administer or enforce the provisions of this Chapter and perform official duties. Any person who violates this provision may be fined, suspended, or removed from office or employment, in addition to any other applicable proceedings and penalties for violation of confidential protection provided for under existing law.
(E) Notwithstanding any other provision of this Chapter, the Fire Chief or his representative, or the Public Health Officer, is authorized to disclose confidential information as designated by an employer when such action is necessary to properly protect health, safety, or property in an emergency situation.
[Ord. G-86-1, passed 5-13-86]
'115.05 RECORDS OF STORAGE LOCATIONS
Any business, industry, person, private enterprise, or other entity affected by this Chapter shall cooperate with the personnel of the City Fire Department to identify and locate and log areas within the workplace or establishment where hazardous or toxic chemicals or materials are stored. Fire Department personnel shall maintain a sketch or mapping of that area or areas. If a change occurs at that workplace or establishment, it shall be the duty of the business, industry, person, private enterprise, or other entity affected herein to notify the Fire Department of the change.
[Ord. G-86-1, passed 5-13-86]
'115.06 INSPECTIONS
(A) The City Fire Department shall conduct inspections of work places where toxic or hazardous substances are used, compounded, mixed, manufactured, or stored. A maximum of three firefighters will be allowed on the worksite for purposes of inspection at one time. These routine inspections will follow a 24-hour notice given to the employer. The inspections, which are to be performed not less frequently than annually, shall be for the purpose of determining:
(1) That toxic or hazardous substances are properly labeled.
(2) That the location of toxic or hazardous substances is consistent with the information required under '115.04.
(3) That the posting requirements of '115.03(A) are met.
(4) That proper safety, containment, and cleanup equipment is readily available.
(B) The Fire Department shall investigate complaints from citizens or workers that toxic or hazardous substances are not properly labeled.
[Ord. G-86-1, passed 5-13-86]
'115.07 EXEMPTIONS
(A) Companies using toxic or hazardous substances in aggregate quantities less than 50 pounds or ten gallons, drug stores or pharmacies, restaurants, school education laboratories, and grocery stores are exempt from the provisions of this Chapter.
(B) The provisions of this Chapter shall not apply to substances during the first 48 hours after they enter the workplace.
[Ord. G-86-1, passed 5-13-86]
'115.99 PENALTY
The City Fire Chief, his representative, or the Public Health Officer shall have the power to write citations for fines of up to $50 per day per occurrence for noncompliance with this Chapter. The violation and subsequent fine will take effect at the time the citation is written. All fines collected will be receipted to the Clerk Treasurer and placed in a special fund. This fund will be used to implement and carry out the provisions of this Chapter.
[Ord. G-86-1, passed 5-13-86]
