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O1232 ~ ~ e e CA:RMM:r City Council Meeting 10-27-81 Santa Monica, California ORDINANCE NUMBER 1232 (Clty Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING TO ARTICLE V, CHAPTER 3, ENTITLED TOXIC CHEMICAL DISCLOSURE LAW THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 3 is hereby added to Article V of the Santa Monica Municipal Code to read as follows: Chapter 3--Toxic Chemical Disclosure Law. Section 5300. Findings and Purpose. The City Council finds and declares: (a) The handling, storage, use, processing, and disposal of toxic chemicals, radioactive mater- ials, and hazardous and extremely hazardous wastes may endanger the public health, safety, and welfare of the citizens of the City. ~ ~ , e e (b) Recent reports have estab- lished that the mun1cipal water sys- tem of the City has been contaminated by tr1chloroethylene, a known carcin- ogen. Cc) Recent reports have indi- cated that the flood control channels running through the C1ty have been used for 1llegal dumping, the source of which is often unknown, and that carcinogenic substances may be con- taminating the Santa Monica Bay and its beaches. Cd) It is necessary for the protection of the citizens of the City that persons and entities that handle, store, use, process, or dis- pose of toxic chemicals, radioactive materials, and hazardous and extreme- ly hazardous wastes in the C1ty dis- close the identity of those sub- stances. (e) Disclosure is necessary so that the City may respond quickly to any emergency created by the hand- ling, storage, use, processing, or disposal of toxic chemicals, -2- '. " e . radioact~ve materials, and hazardous and extremely hazardous wastes; so that the source of such chemicals, materials, and wastes may be iden- tif~ed quickly ~n the event of such an emergency; and so that the City may acquire ~nformation on the loca- tion of persons and entities using such chem~cals, materials, or wastes. (f) It is not the intent of this Chapter to regulate the hand- ling, storage, use, processing or disposal of toxic chem1cals, radio- active materials, and hazardous and extremely hazardous wastes. This Chapter is adopted solely for the purpose of public disclosure. Section 5301. Definit10n of Toxic Chem1cals, Rad~oact1ve Mater- ials, and Hazardous and Extremely Hazardous Wastes. For purposes of this Chapter, tOX1C chemicals and hazardous and extremely hazardous wastes are those substances set forth -3- .. e . In Sections 66680 and 66685 of Title 22 of the CalIfornia AdministratIve Code or in the List of priority Organ~c Pollutants maintaIned and updated by the UnIted States Environ- mental Protection Agency. For the purposes of this Chapter, radioactive materials are those materials set forth in Chapter 1, Title 10, Energy, Appendix B, maintaIned and updated by the Nuclear Regulatory Commission. The Director of General Services shall maintain and update a list of such chemicals, materials, and wastes and shall distribute the l~st with the Toxic Chemical D~sclosure Form. Section 5302. Disclosure. (a) The following holders of a license issued under Article VI of this Code shall be required to com- plete and file a Toxic Chemical D~s- closure Form in the manner required by this Chapter: (1) A licensee for a busIness located ~n the M-l Limited Industrial District or In the M-2 General -4- ~ e e Industrial District. (2) A l1censee for a business located in any d1strict engaged in vehicle painting, rebuild1ng, recon- dition10g, body and fender work, repairing and overhauling, battery manufacturing, and the like. (3) A licensee for a business located in any district engaged in laundry, dry cleaning, dye10g works, or carpet and rug cleaning. (4) A l1censee for a business located in any district engaged in photo processing. (5) A licensee for a business located in any district engaged 10 metal or plastic cutting or forming. (6) A licensee for a business in any district engaged in printing, l1thographing, or similar processes. (7) A licensee for a business in any district engaged 1n pest or weed control or abatement. (8) A l1censee for a business in any district engaged in a med1cal, dental, or chem1cal laboratory. (9) A license for a business in any d1strict engaged in furniture refurbishing. -5- ~ e e (b) The Toxic Chemlcal D1S- closure Form shall be adopted and from time to tlme amended or revlsed by resolution of the City Council following public hearing. The Toxic Chemical Dlsclosure Form shall require the disclosure of toxic chem- icals, radioactive materials, and hazardous and extremely hazardous wastes handled, stored, used, pro- cessed or disposed of in the city and shall require the disclosure of such substances dlsposed of through the municipal sewer system or the flood control channels maintained by the Los Angeles County Flood Control Dlstrict. (c) Every person required to disclose under subdivision (a) of this section shall complete and file a TOX1C Chemical Disclosure Form wlth- in 90 days of the date of adoption of this Chapter. Within 45 days of the date of adoption of this Chapter, the Director of General Services shall mail a Toxic Chemlcal Disclosure Form to every licensee required to -6- .. e e disclose under this section. There- after, such l~censees shall complete a Tox~c Chemical Disclosure Form in the manner requ~red by subdivis~on (d) of th~s sect~on. (d) No l~cense issued pursuant to Article VI of this Code shall be renewed unless a Tox~c Chemical Dis- closure Form is completed by any person required to file such a form under this section. The Toxic Chemical Disclosure Form shall be ma1led with the Business Tax Renewal Notice and shall be completed and filed with the City on or before September 1 of each year. (e) Pr~or to the issuance of any business license pursuant to Article VI of this Code for any bus~- ness described in subdivision (a) of this section, a Toxic Chemical Dis- closure Form shall be completed and filed w~th the C~ty. (f) When one or more sub- stances requiring disclosure are mixed with other substances and pack- aged under a product name, the -7- e e product name may be disclosed instead of disclosing each substance con- ta1ned therein. If the Director of General SerV1ces requests a sample of such product for purposes of analysis and such request is refused, the person making disclosure shall be required to complete and file an amended Toxic Chemical Disclosure Form w1th1n 10 days of such refusal 1dentifying each substance subject to disclosure making up such product. (g) Any person f1ling a Toxic Chemical Disclosure Form shall amend the form within 30 days of the date that the person handles, stores, uses, processes or disposes of any substance not previously disclosed. section 5303. Exemptions from Disclosure. (a) No person shall be required to d1sclose any substance specified in Section 5301 contained in food, drug, cosmetic or tobacco products or in consumer products packaged for retail distribution to, -8- e e and use by, the general public. This subdivision does not apply to any person engaged in the manufacturlng of any such product. (b) No person engaged in retail business shall be required to disclose any substance speclfied in Section 5301 that is contained in food, drug, cosmetlc or tobacco pro- ducts or in consumer products pack- aged for distrlbution to and use by the general public, unless the pro- duct is repackaged or altered in any way by said buslness. Sectlon 5304. Dlsc10sure by Persons or Entltles Not Covered by Business Llcenses. The City, hospi- tal, utillties, and prlvate schools that operate withln the City shall complete a Toxic Chemical Disclosure Form on or before the 31st day of December of each year. Section 5305. Public Records. Any person may inspect and copy any Toxic Chemical Disclosure Form filed pursuant to this Chapter. -9- e e Sect10n 5306. Fee. The fee for fil1ng a Toxic Chemical Dis- closure Form shall be $ 5.00 unless revised from time to time by resolu- tion of the City Council follow1ng public hearing. Section 5307. Enforcement. The Director of General Services shall implement and administer this Chapter and shall 1nstitute a system of audits and spot-checks meeting legal entry requ1rements to ensure compllance. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of th1s ordinance, to the extent of such inconsistencies and no further, 1S hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 3. If any sect1on, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the val1dity of the remaining portions of the ordinance. The City Counc1l hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ord~nance would he subsequently declared invalid or unconstitutional. -10- . e e SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ord1nance. The C1ty Clerk shall cause the same to be publ1shed once in the official newspaper within 15 days after its adoption. The ordinance shall become effect1ve 30 days from its adoption. APPROVED AS TO FORM: R~y~<r C1ty Attorney -11- ... ... e e ADOPTED AND APPDOVED THIS 3rd DAY OF November ~ 1 981 . I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE, NO. 1232 , HAS DULY AUD REGULARLY INTRODUCED AT A r1EETING OF THE CITY COUNCIL ON THE 22nd DAY OF Septemben 1981; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 3rd DAY OF November 1981 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Conn~ Edwards, Jennlngs, Press~ Zane, Mayor Yannatta Goldway NOES: COUNCILMEMBERS: None ABSENT: COUHCILMEMBERS: Reed ABSTAIN: COUNCILMEMBERS: None ATTEST: / //! ; ///}{LA4 ~-.I" FL . ,} -7/1 VL:vc' P /~/h I F (/ ~ ~ CITY CLERK ~