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O1308 . e 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, 1 e - 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. 2 - . (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 3 e e 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 4 - e 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 5 e e 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. 6 e e 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 7 e . 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