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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,
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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.
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(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
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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.
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(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.
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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
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ADOPTED AND APPROVED THIS
17th
DAY
OF
Aus-ust
I 1982.
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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
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