1513.01. General provisions.
1513.02. Definitions.
1513.03. Filing and reporting requirements.
1513.04. Material Safety Data Sheet; Spill Prevention Control and Countermeasure Plans; contingency plans.
1513.05. Inspections and duties.
1513.06. Enforcement authority.
1513.07. Remedies available to Law Director.
1513.08. Release of information to the public.
1513.09. Trade secrets.
1513.10. Comprehensive planning.
1513.11. Falsification of information.
1513.12. Variances.
1513.13. Spill notification and public right to know.
1513.14. Conflict invalidity.
1513.99. Penalty.
This chapter requires those that use, manufacture, process or store hazardous and toxic substances on a premises to provide information to the City regarding the hazardous and toxic substances on site. It further requires that the City implement a community right to know program that would allow residents of the City to obtain all information provided to the City under this chapter and the information, if available, about the health risks associated with the hazardous and toxic substances reported under this chapter.
(Ord. 566-88. Passed 6-14-88; Ord. 183-13. Passed 4-16-13)
(a) "Regulated substances" means any material:
(1) In 40 CFR, Part 302.4, Table 302.4, as it exists or is hereinafter amended;
(2) In 40 CFR, Part 355, Appendix A, as it exists or is hereinafter amended;
(3) Which the Mayor or his designee may deem hazardous through future rules and regulations.
(4) If a container or storage vessel holds a mixture or solution of a regulated substance described hereinabove, then the concentration of regulated substance, in weight percent (greater than one percent (1%)), shall be multiplied by the mass (in pounds) in the vessel to determine the actual quantity of regulated substance therein.
(5) Notwithstanding the above, a food, beverage, cosmetic, tobacco product and drug packaged and intended to be sold for human consumption, and article as defined in 1513.02(k) are not regulated substances.
(b) "City" means any division, department or agency of the City of Toledo.
(c) "Threshold planning quantity" means:
(1) For substances listed in 40 CFR Part 302.4, Table 302.4, one-tenth of the value indicated as the "Final RQ" for that substance in 40 CFR Part 302.4, Table 302.4, or one pound, whichever is greater;
(2) For substances listed in 40 CFR Part 355, Appendix A, one-tenth of the value indicated as the "threshold planning quantity" for that substance in 40 CFR Part 355, Appendix A, or one pound, whichever is greater.
(Ord. 403-89. Passed 5-2-89.)
(d) "Material Safety Data Sheet" (MSDS) means that which is required by 29 CFR 1910.1200.
(e) "Facility or facilities" means those premises that are subject to inspection by the Division of Fire, pursuant to Chapter 1511 as it exists or is hereinafter amended.
(f) "Regulated substance inventory form" means the form created by the City for the reporting of information required pursuant to this chapter.
(g) "Spill Prevention Control and Countermeasure Plan" (SPCC Plan) means any plan required by 40 CFR 112, 40 CFR 151 or Section 930.09.
(h) "Contingency plan" means any plan required by 40 CFR 264 and 40 CFR 265.
(i) "OSHA" refers to the Occupational Safety and Health Act of 1970 as amended and regulations promulgated under that Act.
(j) "Emergency planning area" means each regulated facility shall be considered a single emergency planning area unless the Chief, Division of Fire or his designee determines otherwise.
(k) "Article" means a manufactured item:
(1) Which is a solid under normal conditions or use;
(2) Which was formed into a specific shape or design during manufacture;
(3) Which as end use functions dependent in whole or in part upon its shape or design during end use; and
(4) Which does not release a regulated substance under normal conditions of use of that item.
(Ord. 566-88. Passed 6-14-88; Ord. 183-13. Passed 4-16-13)
All persons, firms, partnerships, associations or corporations, institutions (including public, private and educational) or any Federal, State or local government or any of their agencies or instrumentalities that are owners and/or operators of facilities subject to inspection by the Toledo Fire Prevention Bureau, pursuant to Chapter 1511 as it exists or is hereinafter amended shall report to the Toledo Fire Prevention Bureau in the following manner.
(Ord. 847-89. Passed 9-5-89.)
(a) Original reporting requirement.
(1) Existing facilities. A regulated substance inventory form shall be submitted to the Division of Fire within ninety days from the effective date of this section.
(2) New facilities. A regulated substance inventory form shall be submitted to the Division of Fire prior to the occupancy or utilization of any new facility that is subject to the provisions of this chapter.
(b) Amendment to original reports:
(1) Regulated substances. A regulated substance inventory form shall be amended within sixty calendar days of the introduction of a regulated substance that will be on the premises of the facility for a period of thirty calendar days or more or within sixty calendar days of the removal of a regulated substance if it is intended to be removed from the premises for a period of one calendar year or more.
(2) Quantity. A regulated substance inventory form shall be amended within sixty calendar days when there is an increase of twenty percent (20%) or more over the maximum reported quantity of a regulated substance on the premises.
(3) Reintroduction of removed regulated substances. A regulated substance inventory form will be amended within sixty calendar days of the reintroduction of a previously removed regulated substance at the facility that will be on the premises for a period of thirty calendar days or more.
(4) Location. A regulated substance inventory form will be amended within sixty calendar days if a threshold planning quantity of a substance is relocated from one emergency planning area to another.
(Ord. 566-88. Passed 6-14-88; Ord. 183-13. Passed 4-16-13)
If a facility maintains MSDSs as required by OSHA, SPCC Plans or contingency plans, they must be made available to the City upon request and copies must be supplied within seven calendar days upon request.
All facilities, not required to maintain MSDSs under OSHA, shall obtain and submit MSDSs as if regulated by OSHA upon written request for such by the City and copies must be supplied within sixty calendar days of this request. If an MSDS is not available after a reasonable attempt to obtain it, the facility shall provide the best published information available about the regulated substance as pertains to its physical and health hazards.
(Ord. 566-88. Passed 6-14-88; Ord. 183-13. Passed 4-16-13)
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