(A) The owner or operator of a facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the "Occupational Safety and Health Act of 1970," 84 STAT 1590, 29 U.S.C. 1651, as amended, and regulations promulgated thereunder, and that had present at the facility during the preceding calendar year an amount of a hazardous chemical or an extremely hazardous substance exceeding the threshold level for that chemical or substance established by regulations adopted under the federal act shall, no later than March 1 annually, submit an emergency and hazardous chemical inventory form (the "inventory form") to the Local Emergency Planning Committee and to the Department of Fire & Emergency Services.
(B) The inventory form shall contain for each such hazardous chemical or extremely hazardous substance information that has been designated as Tier II information under the federal act.
(C) Upon request of the Local Emergency Planning Committee or the Department of Fire and Emergency Services, the owner or operator of a facility that is subject to this section shall, no later than 30 days after receiving such request, file a copy of the Tier II form with the local emergency management director or the Department of Fire and Emergency Services.
(D) Any person who adds additional hazardous chemicals or extremely hazardous substances to his or her location or substantially increases the quantity of any such substance shall amend his Tier II report and file the amended report within 30 days of the addition of the new substance or a substantial increase in a substance.
(E) No person shall fail to comply with this section. Each day that a person is in noncompliance with this section shall constitute a separate violation hereunder. The Department may, in its discretion, commence an action under this section against any person who violates the provisions of this section. Any action under this section is a civil action, governed by the general rules, practice and procedure applicable to civil action in the state. In addition to an action for civil penalties, the Department may, in its discretion, bring an action for injunctive relief to permanently enjoin any person from further violation of the provisions of this section and the federal act.
(Ord. 091514A, passed 11-17-14)