(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 Fire Department. The inventory form shall be that prescribed by the committee and shall contain for each such hazardous chemical or extremely hazardous substance information that has been designated as Tier I information under the federal act. The owner or operator of such facility may submit an inventory form containing information that been designated as Tier II information under the federal act in lieu of tier information for any hazardous chemical or extremely hazardous substance present at the facility. Upon request of the Local Emergency Planning Committee or the department, the owner or operator of a facility that is subject this section shall, no later than 30 days after receiving such request, submit an inventory form containing information that has been designated Tier II information under the federal act. Such inventory form shall include all of the following information:
(1) The chemical name or common name of the chemical as provided on the material safety data sheet;
(2) An estimate of the maximum daily amount, in pound, of the hazardous chemical reported in reporting ranges, as established in regulations adopted under the federal act, present at the facility on any single day during the reporting period;
(3) An estimate in pounds of the average daily amount of the hazardous chemical reported in such reporting ranges that are present at the facility during the reporting period;
(4) A brief description of the manner of storage of the hazardous chemical or extremely hazardous substance;
(5) All non-confidential locations of the hazardous chemical or extremely hazardous substance at the facility; and
(6) An indication as to whether the owner or operator chooses to assert a trade secret claim with respect to any hazardous chemical or extremely hazardous substance that was present at the facility at any time during the preceding year in accordance with the provisions of the federal act. The owner or operator of such facility shall submit the Tier II information on an inventory form prescribed by the committee.
(B) 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 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 committee 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. ('74 Code, § 12-33) (Ord. G-02-90, passed 3-13-90) Penalty, see § 95.99