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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.
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(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,
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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
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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
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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.
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(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
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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
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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,
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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.
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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.
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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
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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:
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CITY CLERK
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