O1316
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CA:RMM:rm5302
CIty Council Meeting 10-9-84 Santa Monica, CalIfornIa
ORDINANCE NUMBER 1316(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. DISclosvr~.
(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 Form in
the manner reqUIred by this Chapter:
(1) 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
investlgators,
chiropractors,
advertisIng
attorneys,
or public
relations,
outlets,
reta il
stores
or
sales
non-chemical
products,
of exclusively
parking lots,
distributors
insurance agencies,
trade associatlons,
financIal
instItutions, barber shops,
phYSICIans, dentists and other health
professionals
unless
x-ray
or
laboratories are on the premises, or
self-servIce laundries for which no other
cleaning is done on the premises.
(2) A
lIcensee for a business
located
vehicle
in any dIstrict engaged in
painting, rebuildIng, recon-
ditioning, 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, dyeing works, or
carpet and rug cleaning, excepting
therefrom self-service laundries for
which no other cleaning is done on the
premises.
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(4) A
licensee for a business
located in any distrlct engaged in photo
processing.
(5) A
licensee for a business
located In any district engaged in metal
or plastIC cutting or forming.
(6) A licensee for a bUSiness in
any
distrIct
engaged
in
printing,
lithographing, or similar processes.
(7) A licensee for a business in
any district engaged in pest or weed
control or abatement.
(8) A licensee for a business in
any
district
engaged in a medical,
dental, x-ray processing, or chemical
laboratory.
(9) A licensee for a bUSiness in
any
district
engaged
in
furniture
refurbishing.
(b) The Toxic Chemical Disclosure
Form shall be adopted and from time to
time amended or revised by resolution of
the
City
Council
follOWing
public
hearing.
The Toxic Chemical Disclosure
Form shall require the disclosure of
toxic chemicals, radioactive materials,
and hazardous and extremely hazardous
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wastes handled, stored, used, processed
or disposed of in the City and shall
require the disclosure of such substances
disposed of through the municipal sewer
system or the flood control channels
maIntaIned by the Los Angeles County
Flood
Control
District.
The TOXIC
Chemical
Disclosure
Form
shall
be
accompanied by the Material Safety Data
Sheet required by Labor Code SectIon 6390
for each substance for which the person
1S required to have on hand a Material
Safety
Data
Sheet
pursuant to the
Information and
Hazardous
Substances
Training Act, Labor Code Sect10n 6360 ~t
seq.
(c) Every
person
required
to
dIsclose under subdivislon (a) of this
section shall complete and file a Toxic
Chemical Dlsclosure 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 Chemical
Disclosure
Form
to
every
licensee
required to disclose under thIS sectIon.
Thereafter, such lIcensees shall complete
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a ToxIc 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 Disclosure Form shall be
mailed
by
the
Director of General
Services and shall be completed and filed
With the City on or before September 1 of
each year, except that commencing on
September 1, 1985, the follOWing persons
may file a Toxic Chemical Disclosure Form
on or before September 1 of every third
year:
(1) A person who last filed
a Toxic Chemical Disclosure Form properly
reporting no chemicals.
(2) A person who last filed
a TOXIC Chemical Disclosure Form properly
reporting
less than a total of 275
gallons of chemicals consisting of any of
the follOWing, either Individually or In
combination: waste oils, paint and paint
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supply chemicals, furniture manufacturing
chemicals, and machine cutting oils.
(e) Prlor to the issuance of any
business license pursuant to Article VI
of thlS code for any business described
in subdivision (a) of this section, a
Toxic Chemical Disclosure Form shall be
completed and filed wlth the City.
(f) When one or more substances
requirlng dlsclosure are mixed wlth other
substances and packaged under a product
name, the product name may be disclosed
instead
of disclosing each substance
contained thereln.
If the Director of
General Services requests a sample of
such product for purposes of analysis and
such
request is refused, the person
maklng disclosure shall be required to
complete
and
file an amended Toxic
Chemlcal Disclosure Form within 10 days
of
such
refusal
identifYing
each
substance sUbJect to disclosure making up
such product.
( g ) Any
person filing a TOXiC
Chemical Disclosure Form shall amend the
form wlthin 30 days of the date that the
person handles, stores, uses, processes
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or
disposes
of
any
substance not
previously disclosed.
SECTION 2.
Any provision of the Santa Monica Municipal
Code or appendices thereto lnconsistent with the provlsions of
thls ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modifled to that extent necessary
to affect the provlslons of thlS ordinance.
SECTION 3. If any sectlon, subsection, sentence, clause,
or phrase of thIS ordinance is for any reason held to be invalid
or unconstitutional by a decIslon of any court of any competent
jurisdiction, such declsion shall not affect the validity of the
remaining portions of the ordinance. The City Councll 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 ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Kayor shall sign and the City Clerk shall
attest to the passage of thls ordinance. ThlS City Clerk shall
cause the same to be publlshed once in the official newspaper
within 15 days after its adoption.
The ordinance shall become
effectIve after 30 days from lts adoption.
APPROVED AS TO FORM:
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Robert M. Myers c'.
City Attorney
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Adopted and approved thlS 9th day of October, 1984.
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Mayor
f\
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I hereby certlfy that the foregoing ordlnance, No. 1316(CCS),
was duly and regularly introduced at a meeting of the City Coun-
cil on the 25th day of September, 1984; that the sald ordinance
was thereafter duly adopted at a meeting of the City Council on
the 9th day of October 1984 by the following Council vote:
Ayes: Councilmembers: Conn, Epstein, Jennings, Press,
Reed, Zane and Mayor Edwards
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councllmembers: None
ATTEST:
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