O1308
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CA:RMM:rm5302
City Counc~l Meeting 6-12-84
Santa Monica, Californ1a
ORDINANCE NUMBER 1308 (CCS)
(C~ty Council Ser1es)
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. Sect10n 5302 of the Santa Monica Munic1pal Code
lS amended to read as follows:
Sect10n 5302. Disclosure.
(a) The follow1ng holders of a
license issued under Article VI of this
Code shall be requ1red to complete and
f11e a TOX1C Chem1cal Disclosure Form in
the manner requ1red by this Chapter:
(1) A
licensee for a business
located 1n the M-l L1mited Industr1al
Dlstr1ct or 1n the M-2 General Industr1a1
D1strict except1ng therefrom any business
engaged 10 executive or administrative
off1ces, karate stud10S, security guard
services,
trailer
parks,
food
wholesalers, restaurants, retail grocers,
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private
l.nvestigators,
attorneys,
or public
or sales
chlropractors, advertl.sing
relatl.ons, retail stores
outl ets,
dlstrl.butors
of exclusively
non-cheml.cal products, parking lots,
lnsurance agencles, trade assocl.ations,
fl.nancl.al lnstitutions, barber shops,
physlCl.anS, dentists and other health
professl.onals unless x-ray or
laboratorl.es are on the premises.
(2) A
ll.censee for a business
located l.n any
vehl.cle palnting,
dl.tl0nl.ng, body
repalring and
district engaged in
rebUl1dl.ng, recon-
and fender work,
overhauling,
battery
manufacturing, and the like.
( 3 ) A licensee for a bUSl.ness
located l.n any district engaged in
laundry, dry cleanl.ng, dyeing works, or
carpet and rug cleanlng.
(4) A llcensee for a business
located In any dl.strlct engaged In photo
procesSl.ng.
(5) A
ll.censee for a busl.ness
located 1n any distrl.ct engaged l.n metal
or plastlc cuttlng or formlng.
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(6) A l1censee for a business in
any d1str1ct engaged in pr1nting,
l1thographlng, or Slmilar processes.
(7) A llcensee for a business 1n
any distrlct engaged 1n pest or weed
control or abatement.
(8) A llcensee for a bUSlness in
any dlstrict engaged in a medlcal,
dental, x-ray processing, or chemlcal
laboratory.
(9) A llcensee for a buslness ln
any dlstr~ct
refurb~shing.
(b) The Toxic Chemical Disclosure
Form shall be adopted and from time to
engaged
in
furniture
tlme amended or revlsed by resolutlon of
the Clty Council following publlc
hearing. The TOX1C Chemical Disclosure
Form shall requlre the dlsclosure of
toxic chem1cals,
radioactlve materials,
and hazardous and extremely hazardous
wastes handled, stored, used, processed
or dlsposed of ln the Clty and shall
requlre the dlsclosure of such substances
dlsposed of through the municipal sewer
system or the flood control channels
malntained by the Los Angeles County
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Flood
Control
Distrlct.
Chemlcal
Disclosure
Form
The TOX1C
shall be
accompanled by the Material Safety Data
Sheet required by Labor Code Sectlon 6390
for each substance for WhlCh the person
is requlred to have on hand a Materlal
Safety Data Sheet pursuant to the
Hazardous Substances Information and
Tralning Act, Labor Code Sectlon 6360 et
seq.
(c) Every person requlred to
disclose under subdivls10n (a) of this
sectlon shall complete and file a Toxic
Chemical Disclosure Form wlthln 90 days
of the date of adoptlon of thls Chapter.
Withln 45 days of the date of adoption of
thlS Chapter, the Director of General
Services shall mail a Toxic Chemical
Disclosure Form to every llcensee
required to dlsclose under this section.
Thereafter, such llcensees shall complete
a TOX1C Chemical Dlsclosure Form in the
manner requlred by subdivision (d) of
this section.
(d) No llcense lssued pursuant to
Article VI of this Code shall be renewed
unless a TOX1C Chemical Dlsclosure Form
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lS completed by any person requlred to
flle such a form under this section. The
TOX1C Chemical Disclosure Form shall be
malled
by
the
Director of General
SerVlces and shall be completed and flled
wlth the City on or before September 1 of
each year.
(e) Pr10r to the 1ssuance of any
bUSlness l1cense pursuant to Article VI
of this code for any business descr1bed
ln subdivlsion (a) of this sectlon, a
TOX1C Chemical Disclosure Form shall be
completed and flIed with the Clty.
(f) When one or more substances
requiring disclosure are mixed wlth other
substances and packaged under a product
name, the product name may be disclosed
instead of disclosing each substance
contalned thereln. If the Dlrector of
General Services requests a sample of
such product for purposes of analysls and
such request 1S refused, the person
making
complete
dlsclosure shall be requ1red to
and file an amended Toxic
Chemlcal
of such
Disclosure Form within 10 days
refusal identifYlng each
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substance subJect to dlsclosure maklng up
such product.
(g) Any person flllng a Toxic
Chemical Disclosure Form shall amend the
form wlthin 30 days of the date that the
person handles, stores, uses, processes
or disposes of any substance not
prevlously dlsclosed.
SECTION 2. Any prov1s1on of the Santa Monica Municipal
Code or append1ces thereto lnconslstent wlth the provisions of
thlS ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provislons of thlS ordlnance.
SECTION 3. If any section, subsectlon, sentence, clause,
or phrase of thlS ordlnance 1S for any reason held to be invalid
or unconstltutlonal by a decision of any court of any competent
Jurlsdiction, such declslon shall not affect the validity of the
remalnlng portions of the ordlnance. The Clty Council hereby
declares that lt would have passed this ordinance and each and
every sectlon, subsection, sentence, clause or phrase not
declared lnvalld or unconstitutional without regard to whether
any portlon of the ordlnance would be subsequently declared
invalld or unconstltutlonal.
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SECTION 4. The Mayor shall s~gn and the City Clerk shall
attest to the passage of thls ord~nance. ThlS Clty Clerk shall
cause the same to be publlshed once ~n the officlal newspaper
within 15 days after lts adoptlon.
The ordinance shall become
effectlve after 30 days from its adoption.
APPROVED AS TO FORM:
~"~L-
Robert M. Myers-----{1.-
Clty Attorney
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Adopted and approved this 12th day of June, 1984
Q~~ is
Mayor
I
hereby
certify
that the foregoing Ordinance, No.
l308(CCS), was duly and regularly introduced at a meeting of the
City Council on the 22nd day of May, 1984~ that the said
ordinance was thereafter duly adopted at a meeting of the City
Council on the 12th day of June, 1984 by the following Council
vote:
Ayes:
Councilmembers: Conn, Epstein, Jennings,
Press, Reed, Zane and
Mayor Edwards
Noes:
Councilmembers: None
Absent:
Councilmembers: None
Abstain:
Councilmembers: None
ATTEST:,
a7;_~ /)~L(
City Clerk