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O1256 -" e e CA:RMM:r City Council Meeting 3-17-82 Santa Monica, California ORDINANCE nUMBER 1256 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 5302 RELATING TO TOXIC CHEMICAL DISCLOSURE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 5302 of the Santa Monica Municipal Code is amended to read as follows: Section 5302. Disclosure. (a) The following holders of a license issued under Article VI of this Code shall be required to complete and file a TOXIC Chemical Disclosure For~ in the manner required by this Chapter: (l) A licensee for a business located in the M-l Limited IndustrIal District or in the M-2 General IndustrIal DIstrict excepting therefrom any business engaged in executive or administrative offices, karate studios, security guard serVIces, traIler parks, food wholesalers, restaurants, retail grocers, 1 e e prlvate investigators, attorneys, chiropractors, advertislng or public relations, retal1 stores or sales outlets, distributors of exclusively non-chemical products, parking lots, lnsurance agencies, trade associations, financial institutions, barber shops, physicians, dentists and other health professionals unless x-ray or laboratorles are on the premises. (2) A licensee for a business located in any distrlct engaged ln vehicle painting, rebuilding, recon- dltioning, body and fender work, repairing and overhauling, battery manufacturing, and the llke. (3) A licensee for a business located in any d1strict engaged in laundry, dry cleaning, dyeing works, or carpet and rug cleaning. (4) A licensee for a business located 1n any district engaged in photo processing. (5) A licensee for a business located in any district engaged in metal or plastic cutting or forming. 2 e e (6) A licensee for a business in any district engaged in pr1nt1ng, lithographing, or sim1lar processes. (7) A licensee for a business in any district engaged in pest or weed control or abatement. (3) A licensee for a business in any district dental, x-ray laboratory. (9) A licensee for a bUSlness in engaged in a medical, processing, or chemical any district engaged in furniture refurbishing. (b) The TOX1C Chemical Disclosure Form shall be adopted and from time to time amended or revised by resolution of the City Council following publ1c hearing. The Toxic Chemical Disclosure Form shall require the disclosure of toxic chemicals, radioactlve materials, and hazardous and extremely hazardous wastes handled, stored, used, processed or disposed of in the City and shall requ1re the disclosure of such substances disposed of through the municipal sewer system or the flood control channels 3 e e maintained by the Los Angeles County Flood Control District. (c) Every person required to disclose under subdlvlsion (a) of this sectlon shall complete and file a Toxic Chemical Disclosure Form within 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 requlred to disclose under this section. Thereafter, such licensees shall complete a TOX1C Chemical Disclosure Form in the manner required by subdivision (d) of this section. (d) No license issued pursuant to Article VI of this Code shall be renewed unless a Toxic Chemical Disclosure Form is completed by any person required to file such a forM under this section. The Toxic Chemical Dlsclosure Form shall be mailed by the Dlrector of General Servlces and shall be completed and filed with the City on or before September 1 of each year. 4 e e (e) Prior to the issuance of any business license pursuant to Article VI of this code for any business described in subdivislon (a) of this section, a Toxic Chemical Disclosure Form shall be completed and filed with the Clty. (f) When one or more substances requiring disclosure are mixed with other substances and packaged under a product name, the product name may be disclosed instead of disclosing each substance contained therein. If the DIrector of General Services 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 Dlsclosure Form within 10 days of such refusal identifYlng each substance subject to disclosure making up such product. (g) Any person filIng 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. 5 e e SECTION 2. Any provlsion of the Santa Monica Municipal Code or appendices thereto inconslstent with the provisions of this ordinance, to the extent of such lnconsistencles and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this ordlnance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a declsion of any court of any competent jurisdiction, such deClsion shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared lnvalid or unconstltutlonal without regard to whether any portion of the ordinance would be subsequently declared lnvalld or unconstltutional. SECTION 4. The Mayor shall slgn and the City Clerk shall attest to the passage of this ordinance. ThlS City Clerk shall cause the saMe to be published once in the offlcial newspaper within 15 days after its adoption. The ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~~~_T Robert M. Myers City Attorney 6 ". e e ADOPTED AND APPROVED THIS 17th DAY OF Aus-ust I 1982. ~ v~ (, 0/:<<-<<<:/ fY;;{t<-~7 MAYOR v ' r HEREBY CERTIFY THAT THE FOREGOING ORDINANCE5 (CCS)5 WAS DULY AND REGULARLY INTRODUCED AT A NO. 1256 MEETING OF THE CITY COUNCIL ON THE 10th DAY OF August 1982; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 17th DAY OF August 1982 BY THE FOLLOWING COUNCIL VOTE: , AYES: COUNCILMEMBERS: Conn, Edwards, Press, Zane and Mayor Yannatta Go1dway NOES: COUNCILMEMBERS: Jennin~s and Reed ABSENT: COUNCILMEMBERS: Kane ABSTAIN: COUNCILMEMBERS: Kane ATTEST: (L"",: cr1il~. (n~ '- I C IT'y \cLERK' rf ~ ."