(A) Except as provided in division (D) of this section, any person who owns or operates a facility and 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. 651, as amended, and regulations promulgated thereunder, and who has not already complied with the provisions of this division (A), shall submit to the Local Emergency Planning Committee and the Fire Department a list of any hazardous chemicals and extremely hazardous substances that are present at the facility in an amount that exceeds the threshold level applicable to each hazardous chemical or extremely hazardous substance established by regulations adopted under the federal act. The list shall include all of the following:
(1) A listing of the hazardous chemical and extremely hazardous substances for which a material safety data sheet is required, grouped by hazard category in the manner prescribed by regulations adopted under the federal act.
(2) The chemical name or common name of each hazardous chemical and extremely hazardous substance;
(3) Except for the reporting of mixtures under division (B) of this section, any hazardous component of each hazardous chemical as provided on the material safety data sheet;
(4) For each hazardous chemical or extremely hazardous substance, an indication as to whether the owner or operator of the facility has withheld information pursuant to a trade secret claim under the federal act.
(B) The owner or operator of the facility may meet the requirements of division (A) of this section for a hazardous chemical that consists of a mixture of hazardous chemicals by:
(1) Providing information required by division (A) of this section for each component in the mixture that is a hazardous chemical, or;
(2) Providing the information required by division (A) of this section on the mixture itself.
(C) Within 90 days after the discovery of significant information concerning a hazardous chemical or extremely hazardous substance identified in the list required by division (A) of this section or within 90 days after first obtaining a hazardous chemical or extremely hazardous substance for which reporting is required by division (A) of this section, the owner or operator of a facility shall prepare a revised list that meets the requirements of said division (A) and contains the new information and shall submit such revised list to the Local Emergency Planning Committee and the Fire Department. If the owner or operator submits a revised list due to the discovery of significant new information about a chemical or substance on the current list for which the Local Emergency Planning Committee had requested a material safety data sheet, such owner or operator shall also submit a revised material safety data sheet to the committee and the Fire Department.
(D) The owner or operator of any facility at which no more than 10 hazardous chemicals or extremely hazardous substances are present in an amount that exceeds the threshold level applicable to each hazardous chemical or extremely hazardous substance established by regulations adopted under the federal act may, in lieu of the list required under division (A) of this section, submit the applicable material safety data sheet to the Local Emergency Planning Committee and the Fire Department.
(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 committee may, in its discretion, commence an action under this section against any person who violates the provision of this section. Any action under this section is a civil action, governed by the general rules, practice and procedure applicable to civil actions in the State of Indiana. In addition to an action for civil penalties, the committee may, in its discretion, bring an action for injunctive relief to permanently enjoin any person from further violations or the provisions of this section and the federal act.
('74 Code, § 12-32) (Ord. G-02-90, passed 3-13-90) Penalty, see § 95.99