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O1400 e tit CA:RMM:brtoxljhpadv City Council Meeting 2-10-87 Santa Monica, California ORDINANCE NUMBER 1400(CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 5 TO ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE RELATING TO HAZARDOUS MATERIALS RELEASE RESPONSE PLANS AND INVENTORY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5 is added to Article V of the Santa Monica Municipal Code to read as follows: CHAPTER 5. HAZARDOUS MATERIALS RELEASE RESPONSE PLANS AND INVENTORY section 5500. Findings and Purpose. The ci ty Council of the ci ty of Santa Monica finds and declares as follows: In order to protect the public health and safety and the environment, it is necessary to establish business and Area Plans relating to the handling and release or threatened release of hazardous materials. The information provided by business and Area Plans is necessary in - 1 - e e order to prevent or mitigate the damage to the health and safety of persons and the environment from the release or threatened release of hazardous materials into the workplace and environment. To this end, it is the intention of the city of santa Monica in passing this ordinance to fully implement and build upon Chapter 6.95 of the Health and Safety Code, section 25500 ~t seg. I so as to establ ish within the city effective plans for the reporting and handling of hazardous materials. Section 5501. Definitions. For purposes of this Chapter I the following words or phrases shall have the following meanings: ( a) Area Plan. The plan established pursuant to Section 5502 by the Department for emergency response to a release or threatened release of a hazardous material within the City. (b) Business. An employer, self~employed individual, trust, firm, organization, joint stock company, corporation, partnerShip, or association. For purposes of this Chapter, "business" - 2 - e e includes a business organized for profit and a nonprofit business. (e) Business Pla~. A separate plan for each facility ~ site, or branch of a business which meets the requirements of Section 5504. (d) Cnemic~l Name. The scientific designation of a substance in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts service. (e) C.ommol.l Name. Any designation or identification, such as a code name~ code number, trade name, or brand name, used to identify a substance other than by its chemical name. (f) Department. The Department of General services. The Department is the administering agency within the meaning of Health and safety Code section 25502 (e) ~ designated by the City of Santa Monica to coordinate and administer this Chapter. (g) Handlfi!. To use, generate, process, produce, package, treat, store, emit, discharge, or dispose of a hazardous material in any fashion. However, for purposes of the inventory requirements of - 3 - e e this Chapter, "storel! does not include the storage of hazardous materials which are in transi t or which are temporarily maintained in a fixed facility for a period of less than 30 days during the course of transportation. (h) Handler. Any business which handles a hazardous material. (i) Hazardous Material. Any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. This includes, but is not limited to, hazardous substances, hazardous waste, and any material which a handler or the Department has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. (j) Hazardous Substance. Any substance or chemical product for which one of the following applies: - 4 - e e ( 1) The manufacturer or producer is required to prepare a Material Safety Data Sheet (MSDS) for the substance or product pursuant to the Hazardous Substances Information and Training Act (Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5 of the Labor Code) or pursuant to any applicable federal law or regulation. (:2) The substance is listed as a radioactive material in Appendix B of Chapter 1 of Title 10 of the Code of Federal Regulations, maintained and updated by the Nuclear Regulatory Commission. (3) The hazardous materials or substances listed in Parts 172 and 173 of Title 49 of the Code of Federal Regulations. (4) The materials listed in subdivision (b) of Labor Code section 6382. (5) The material is listed in section 25316 of the california Health and Safety Code (6) The material is listed as a legal carcinogen from the California Administrative Code, Title 8, Subchapter - 5 - e e 7, Group 16 or the list developed by the United stated Department of Health and Human Services on its Second Annual Report on carginogens. (7) The material is classified as a pesticide by the Director of the Department of Food and Agriculture (8) The material is classified by the EPA as a priority organic pollutants. (9) The material is listed as an extremely hazardous material in Part 300 of Title 40 of the Code of Federal Regulations. (10) The material is an acutely hazardous material as defined in Health and Safety Code Section 25532, SUbdivision (a). (k) Hazardous Waste. Hazardous Waste as defined in Sections 25115, 25117, and 25316 of the Health and Safety Code. (1 ) R~le~s~. Any spilling, emitting, leaking, pumping, pouring, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, unless permitted or authorized by a regulatory agency. - 6 - e (m) SIC Code. e The identification number assigned by the Standard Industrial Classification code to specific types of businesses. (n) Ttlr~atep.eq. Release. A condition creating a substantial probability of harm when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, or the environment. (0) Emerqency Rescue Personnel. Any pUblic employee, including, but not limited to, any fireman, firefighter, or emergency rescue personnel, as defined in Penal Code Section 245.1, who responds to any condition caused, in whole or in part, by a hazardous material that jeopardizes, or could jeopardize, public health or safety or the environment. (p) Trade Secr~t. Trade Secret as defined in sUbdivision Cd) of Government Code section 6254.7 and Evidence Code section 1060. - 7 - e e Section 5502. Bus~ness an~ Ar~~ fllans. (a) All business plans and the Area Plan shall meet the minimum standards adopted by the state Office of Emergency Services. (b) The Department shall establish the Area Plan for emergency response to release or threatened release of a hazardous material within its jurisdiction. The Area Plan is not a statute, ordinance, or regulation for purposes of Evidence Code section 669. (c) The Department shall submit to the state Office of Emergency Services for review a copy of the proposed Area Plan within 180 days after adoption of regulations by the state Office of Emergency Services establishing area plan standards. The Department shall within 45 days after the state Office of Emergency Services has notified the Department as to whether the Area Plan is adequate and meets the Area Plan standards submit a corrected Area Plan if required. The Department shall certify to the state Office of Emergency Services every - 8 - e e three years that it has conducted a complete review of its Area Plan and has made any necessary revisions. Any time the Department makes any substantial changes to the Area Plan, it shall forward the changes to the state Office of Emergency Services within 14 days after the changes have been made. (d) The Department shall submit to the state Office of Emergency Services, along wi th its Area Plan, both of the following: (1) The basic provisions of a plan to conduct onsite inspections of businesses subject to this Chapter by either the Department or other designated entity. These inspections shall ensure compliance with this Chapter and shall identify existing safety hazards that could cause or contribute to a release or suggest preventative measures designed to minimize the risk of the release of hazardous material into the workplace or environment. The requirements of this paragraph do not alter or affect the immunity provided a public entity pursuant to Government Code section 818.6. - 9 - e (2) A plan to institute a data management system which will assist e in the efficient access to and utilization of information collected under this Chapter. This data management shall be in operation within two years after the business plans are required to be submitted to the Department pursuant to Section 5505. section 5503. Businesses Required to Prepare Plans. Ca) Any business, except as provided in sUbdivision (b), which handles a hazardous material or a mixture containing a hazardous material which has a quantity at anyone time during the reporting year equal to, or greater than, a total weight of 500 pounds, or a total volume of 55 gallons, or 200 cubic feet at standard temperature and pressure for compressed gas, shall establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance with the standards in the regulations adopted by the State Office of Emergency services. Any business which - 10 - e e handles hazardous waste shall meet the requirements of this Section regardless of the quantity of such waste handled. (b) Except for the handlers of hazardous waste, the following are exempt from this Chapter: (1) Hazardous material contained solely in a consumer product for direct distribution to, and use by, the general pUblic is exempt from the business plan requirements of this Chapter unless the Department has found, and has provided notice to the business handling the product, that the handling of certain quantities of the product requires the submission of a business plan, or any portion thereof, in response to public health, safety, or environmental concerns. ( 2) In addi tion to the authority specified in paragraph (4), the Department may, in exceptional circumstances, following notice and public hearing, exempt from the inventory provisions of this Chapter any hazardous substance specified in subdivision (j) of Section 5501, if the Department finds that the hazardous substance would not pose a present or potential danger to the - 11 - e e environment or to human health and safety if the hazardous substance was released into the environment. The Department shall specify in writing the basis for granting any exemption under this paragraph. The Department shall send a notice to the state Office of Emergency services within five days of the effective date of any exemption granted pursuant to this paragraph. (3) The Department, upon application by a handler, may, exempt a handler under the conditions it deems proper from any portion of the business plan upon a written finding that the exemption would not pose a significant present or potential hazard to human health or safety or to the environment or affect the ability of the Department and emergency rescue personnel to effectively respond to the release of a hazardous material, and that there are unusual circumstances justifying this exemption. The Department shall specify in writing the basis for any exemption under this paragraph. ( 4) The Department upon application by a handler may exempt a - 12 - e e hazardous material from the inventory provisions of this Chapter upon proof that the material does not pose a significant present or potential hazard to human health and safety or to the environment if released into the workplace or environment. The Department shall specify in writing the basis for any exemption under this paragraph. (c) The Department shall provide all information obtained from completed inventory forms upon request, to emergency rescue personnel on a 24-hour basis. (d) The Department shall adopt procedures to provide for public input when approving any applications submitted pursuant to paragraph (3) or (4) of subdivision (1:>). section 5504. Requirements for Business Plans. Business Plans shall include all of the following: (a) The inventory of information required by Section 5509 and whatever additional information that the Department finds is necessary to protect the health and safety of persons, property 1 or the environment. Any such information is, - 13 - e however, subject to e trade secret protections pursuant to Section 5511. (b) Emergency response plans and procedures in the event of a release or threatened release of a hazardous material, scaled approprately for the size and nature of the business, the nature of the damage potential of the hazardous materials handled, and the proximity of the business to residential areas and other populations, including, but not limited to, all of the following: (1) Immediate notification to the Department, the state Office of Emergency Services, the appropriate local emergency rescue personnel, and persons within the facility who are necessary to respond to the incident. (2) Identification of local emergency medical assistance appropriate for potential accident scenarios. (3) The name, address and phone numbers (office and home) of all persons qualified to act as emergency coordinators. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be - 14 - e listed in the order e in which they will assume responsibility as alternates. (A) At all times there shall be at least one employee, either on the business premises during operating hours, or on call during non-operating hours, (i.e., available to respond to an emergency by reaching the business within a short period of time) , wi th the responsibility for coordinating all emergency response measures. The emergency coordinator shall be thoroughly familiar with all aspects of the business plan, all operations and activities at the business, the location and characteristics of hazardous materials handled, the location of all records wi thin the business, and the business layout. (B) This person shall have the authority to commit the resources needed to carry out the business plan. (4) A list of emergency equipment at the business (such as fire extinguishing systems, spill control equipment, communications and alarm systems and decontamination equipment). This equipment must include at least - 15 - e twenty-five pounds of e absorbent an material to control the release of the hazardous material. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list and a brief outline of its capabilities. (5) An evacuation plan for business personnel. This plan shall describe signals to be used to begin evacuation, evacuation routes and alternate evacuation routes (in cases where the primary routes could be blcoked by releases of hazardous materials) . (e) A training program for all new employees and annual training, including refresher courses, for all employees in safety procedures in the event of a release or threatened release of a hazardous material. These training programs shall take into consideration the position of each employee. The training program shall include, but need not be limited to: (I) Methods for safe handling of hazardous materials. - 16 - e e (2) Procedures for coordination with local emergency response organizations. (3) Use of emergency response equipment and suppl ies under the control of the handler. (4) Familiarity with the plans and procedures specified in subdivision (b). Cd) All additional requirements imposed by the Office of Emergency Services pursuant to Health and safety Code Section 25503. (e) Any handler required to file a pipeline operations contingency plan in accordance with the California Pipeline safety Act of 1981 (Chapter 5.5 (commencing with section 51010) of Part 3 of Division 1 of Title 5 of Government Code) and the regulations of the Department of Transportation, found in Part 195 of Title 49 of the Code of Federal Regulations, may file a copy of those plans with the Department instead of filing an emergency response plan specified in subdivision (b). - 17 - e section 5505. e Submission and Review of Business Plan. (a) On or before September 1, 1987, each handler shall submit its business plan to the Department and certify that it meets the requirements of this Chapter. For purposes of reporting to the city, all handlers that meet the requirements of this Chapter shall be deemed to have met the contingency plan requirements of California Administrative code, Title 22, Sections 67140-67145. If, after review, the Department determines that the handler I s business plan is deficient in any way, the administering agency shall notify the handler of these defects. The handler shall submit a corrected business plan within 30 days of the notice. If a handler fails after reasonable notice to submit a business plan in compliance with this Chapter, the Department shall immediately take appropriate action to enforce this Chapter, including the imposition of civil and criminal penalties specified in this Chapter. A copy of the approved business plan and all revisions shall be maintained at the handler. - 18 - e e (b) The Department shall submit to the state Office of Emergency Services a schedule for the submission of the business plan and a copy of this ordinance. (c) In addition to the requirements of 5510, whenever a substantial change in the handler's operations occurs which requires a modification of its business plan, the handler shall submit a copy of the plan revisions to the Department within 30 days of the operational change. (d) The handler shall, in any case, review the business plan, submitted pursuant in subdivisions (a), (c), and (g) on or before September 1, 1988, and at least once every two years thereafter, to determine if a revision is needed and shall certify to the Department that the review was made and that any necessary changes were made to the plan. A copy of these changes shall be submitted to the Department as a part of this certification. (e) Unless exempted from the business plan requirements under this Chapter, any business which handles a hazardous material shall annually submit a - 19 - e e completed inventory form to the Department. Notwithstanding any other provision of law, an inventory form shall be filed on or before September 1, 1987, and annually thereafter. This inventory shall be filed annually, notwithstanding the review requirements of subdivision (d) . (f) Any business which files an inventory form pursuant to requirements of subdivision (e) shall have satisfied the requirements of the Toxic Chemical Disclosure Law, Santa Monica Municipal Code Section 5300 et seq. (g) Any business which, after September 1, 1987, for the first time becomes a handler, must submit a business plan and an inventory fonn within sixty (60) days of becoming a handler and comply wi th all provisions of this Chapter thereafter. section 5506. Mqintanence of Records. The Department shall maintain records of all business plans received and shall index them by street address and company name. The business plan and revisions shall be available for public - 20 - e e inspection during the regular working hours of the Department, except that those portions of the business plan specifying the precise location where hazardous materials are stored and handled onsite, including any maps of the site, as required by paragraph (5) of subdivision (a) of Section 5509, shall not be available for inspection. The Department shall transmit copies of the entire business plan or any information contained in the business plan to any requesting state or local agency. section 5507. Reports of Releases/Implementation of Business Plan. (a) Except as provided in subdivision (c), whenever there is a release or threatened release of hazardous material, the emergency coordinator shall upon discovery: (1) Immediately report any release or threatened release of hazardous material to the Santa Monica Police Department, the Department, and to the state Office of Emergency Services, in accordance with the regulations adopted pursuant to section 5502. - 21 - e e (2) Provide all state, city, or county fire or public health or safety personnel and emergency rescue personnel with access to the handler's facilities. (3 ) Activate internal facility alarms or communication systems, where applicable, to notify all business personnel. (4) Identify the character, exact source, amount and areal extent of any released materials. The coordinator may do this by observation or review of facility records or manifests and, if necessary, by chemical analysis. (5) Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release or threatened release. This assessment shall consider both direct and indirect effects of the release. (6) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions and releases do not occur, reoccur or spread to other hazardous waste at the facil! ty. These measures shall include, where applicable, - 22 - e stopping e processes and operations, cOllecting and containing released waste and removing or isolating containers. (7) If the handler stops operations explosion in response to a fire, or release, the emergency coordinator shall continue to monitor the handler for leaks, pressure buildup, gas generation, ruptures in valves, pipes or other equipment, or such other conditions to ensure against additional fire, explosion or release of hazardous materials. (8) Immediately after an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered hazardous materials, contaminated soil or surface water or any other material that results from a release at the handler. (9) The emergency coordinator shall ensure that, in the affected area(s) of the handler: (A) No waste that may be incompatible with the released material is treated, stored or disposed of until cleanup procedures are completed. - 23 - e e (B) All emergency equipment listed in the business plan is cleaned and fit for its intended use before operations are resumed. (10) The handler shall notify the Department and appropriate state and local authorities, that the handler is in compliance with paragraph (9) of this subdivision before operations are resumed in the affected area(s) of the facility. (~l) The handler shall note in the operating record the time, date and details of any incident that requires implementing the business plan. Within 15 days after the incident, the handler shall submit a written report on the incident to the Department. The report shall include: (A) Name, address and telephone number of the business. (B) Date, time and type of incident. (e) Name and quantity of material(s) involved. (D) The extent of injuries, if any. eE) An assessment of actual or potential hazards to human health or the environment. - 24 - e e (F) Estimated quantity and disposition of recovered material that resulted from the incident. (b) The provisions of the business plan shall be carried out immediately upon the release or threatened release of a hazardous material. (c) Subdivision (a) does not apply to any person engaged in the transportation of a hazardous material on a highway which is subj ect to, and in compliance with, the requirements of Sections 2453 and 23112.5 of the Vehicle Code. section 5508. Inspections. In order to carry out the purposes of this Chapter, any employee or authorized representative of the Department or the Santa Monica Fire Department has the authority specified in Health and Safety Code section 25185, with respect to the premises of a handler, and in Health and Safety Code section 25185.5, with respect to real property which is within 2,000 feet of the premises of a handler, except that this authority shall include - 25 - e e inspections concerning hazardous material, in addition to hazardous waste. section 5509. Annual Inventorv Form. The annual inventory form shall include, but shall not be limited to, information on all the following which are handled in quantities equal to or greater than the quanti ties specified in subdivision (a) of section 5503. ea) A listing of the chemical name and common names of every hazardous substance or chemical product handled by the business. (b) The category of waste, including the general chemical and mineral composition of the waste listed by probable maximum and minimum concentrations, of every hazardous waste handled by the business. (e) A listing of the chemical name and common names of every other hazardous material or mixture containing a hazardous material handled by the business which is not otherwise listed pursuant to paragraph (a) or (b). ed) The maximum amount of each hazardous material or mixture containing a - 26 - . e hazardous material disclosed in paragraphs (a), (b), and (c) which is handled at any one time by the business over the course of the year. These amounts must be expressed in commonly understood units appropriate to the manner in which the hazardous materials are handled. (e) Sufficient information on how and where the hazardous materials disclosed in parapraphs (a), (b), and (e) are handled by the business to allow fire, safety, health, and other appropriate personnel to prepare adequate emergency responses to potential releases of the hazardous materials. (f) The total estimated amounts of each hazardous waste handled by the business throughout the course of the year. (g) The SIC Code number of the business if applicable. Section 5510. Amel1dmeIlts to Inventorv Form. Any business subj ect to Section 5505 shall submit an amendment to the inventory form detailing the new use, handling, or other appropriate information required, within thirty (30) days of: - 27 - e e (a) Any increase in the reported quantity of an extremely hazardous material. (b) A 100 percent or more increase in the quantity of a previously disclosed material other than an extremely hazardous material. (c) Any handling of a previously undisclosed hazardous material subject to the inventory requirements of this Chapter. (d) A change of business address. ( e) A change of business ownership. ef) A change of busines name. (g) A change of information relating to emergency coordinators. (h) The intention to close or actual closure of the business. Section 5511. Trade Secrets. (a) If a business believes that the inventory required by this Chapter involves the release of a trade secret, the business shall nevertheless make the dislcosure to the Department, and shall notify the Department in writing of the belief on a separate inventory form. As used in this Chapter IItrade secret" has - 28 - e e the meanings given to it by Government Code Section 6254.7 and Evidence Code section 1060. (b) Subj ect to this section, the Department shall protect from disclosure any trade secret designated as such by the handler. The City shall not be liable for the disclosure of any trade secret, whether such disclosure was done intentionally, negligently, accidentally, or otherwise. (c) Upon receipt of a request for the release of information to the public which includes information which the handler has notified the Department is a trade secret pursuant to subdivision (a), the Department shall notify the handler in writing of the request by certified mail, return receipt requested. The Department shall release the information to the public, but not earlier than 30 days after the date of mailing the notice of the request for information, unless, prior to the expiration of the 30-day period, the handler files an action in an appropriate court for a declaratory judgment that the information is subject to protection under subdivision (b) or for an injunction - 29 - prohibit~g disclosure of the info~ation to the public and promptly notifies the Department of that action. This Section does not permit a handler to refuse to disclose the information required pursuant to this Chapter to the Department. (d) Any information which is confidential pursuant to this section shall not be disclosed to anyone except the following: (1) An officer or employee of the county or city, the state, or the united States, in connection with the official duties of that officer or employee under any law for the protection of health, or to contractors with the county or city and their employees if, in the opinion of the Department, disclosure is necessary and required for the satisfactory performance of a contract, for the performance of work, or to protect the health and safety of the employees of the contractor. (2) Any physician where the physician certifies in writing to the Department that the information is necessary to the medical treatment of the physician's patient. - 30 - . e (e) For purposes of this section, f ire and emergency rescue personnel and county health personnel operating within the jurisdiction of the City shall be considered employees of the city. (f) Any physician who, by virtue of having obtained possession of, or access to, confidential information, and who, knowing that disclosure of the information to the general publ1c is prohibited by this Section, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, is guilty of a misdemeanor. (g) Any officer or employeee of the county or city or former officer or employee who, by virtue of that employment or official position, has possession of, or has access to, confidential information, and who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, is guil ty of a misdemeanor. Any contractor with the county or city and any employee of the contractor, who has been furnished - 31 - informat~n as authorized by this S~ion. shall be considered an employee of the City for purposes of this section. (h) Information certified by appropriate officals of the united States as necessary to be kept secret for national defense purposes shall be accorded the full protections against disclosure as specified by those officials or in accordance with the laws of the united states. section 5512. Duty of Care. (a) The submission of any information required under this Chapter does not affect any other liability or responsibility of a business with regard to safeguarding the health and safety of an employee or any other person. (b) Compliance with this Chapter shall not be deemed to be compliance with the duty of care required of any business for purposes of any jUdicial or administrative proceeding conducted pursuant to any other provision of law. section 5513. Fees. (a) A fee shall be paid to the City by each business required to submit a - 32 - e e business plan pursuant to this Chapter in an amount sufficient to pay the costs incurred by the city in carrying out this Chapter. (b) A fee shall be paid to the City to cover all duplication costs of responding to a request from the public by the person making the request. (c) The amount of any fee shall be established and from time to time amended by resolution of the City Council. section 5514. Liability. (a) Any business that violates Section 5503 to 5505, inclusive, or Sections 5509 to 5510, inclusive, shall be civilly liable to the City in an amount of not more than two thousand dollars ($2,000) for each day in which the violation occurs. If the violation results in, or significantly contributes to, an emergency, including a fire, the business shall also be assessed the full cost of the emergency response, as well as the cost of cleaning up and disposing of the hazardous materials. (b) Any business that knowingly violates sections 5503 to 5505, inclusive, - 33 - , . or sections 5509 to 5510, inclusive, after reasonable notice of the violation shall be liable to the city in an amount not to exceed five thousand dollars ($5,000) for each day in which the violation occurs. (c) Any person or business who violates section 5507 shall, upon conviction, be punished as provided for in Health and Safety Code section 25515. Cd) Any person or business responsible for a release shall institute and complete all actions required by this Chapter necessary to remedy the effects of such release, whether sudden or gradual. Such party shall reimburse to the City all costs incurred by the city in responding to such release, excluding the costs of fighting fires. This responsibility is not conditioned upon evidence of willfulness or negligence of the party in causing or allowing such release. section 5515. Interference with Enforcement. Any person who willfully prevents, interferes with, or attempts to impede the enforcement of this Chapter by any authorized representative of the - 34 - e e Department is, upon conviction, guilty of a misdemeanor. Section 5516. Apportionment c;>f Criminal and Civil Penalties Collected. All criminal and civil penalties collected pursuant to this Chapter shall be apportioned as provided in Health and Safety Code Section 25515.2. Section 5517. Inj~nctive Relief. When the Department determines that a business has engaged in, is engaged in, or is about to engage in any acts or practices which constitute or will constitute a violation of this Chapter or any regulation or order promulgated thereunder, the Department shall report such determination to the City Attorney, and the city Attorney may make application to the superior court for an order enjoining the acts or practices or for an order directing compliance. The City Attorney may seek the same relief upon the city attorney's own motion. As established in Health and Safety Code Section 25516, a permanent or temporary injunction, restraining order, or other appropriate order may be granted upon a - 35 - . e showing that the business has engaged in, is engaged in, or is about to engage in the challenged acts or practices. section 5518. Nature of Action. As provided for by Health and Safety Code section 25516.1, civil actions brought under this Chapter shall be brought in the name of the people of the state of California, and any actions relating to the same violation may be joined or consolidated. Section 5519. standards for Issuance of Injunction. The burden of proof for the granting of injunctive relief shall be as is set forth in Health and Safety Code section 25516.2. section 5520. Reward Payments. (a) Any person who provides information which materially contributes to the imposition of a civil penalty, whether by settlement or court order, under Section 5514, as determined by the city Attorney, shall be paid a reward by the Department equal to 10 percent of the amount of the civil penalty collected. The reward shall be paid from the amount - 36 - . . of the civil penalty collected. No reward paid pursuant to this subdivision shall exceed five thousand dollars ($5,000). (b) Any person who provides information which materially contributes to the conviction of a person or business under Section 5514 (c), as determined by the city Attorney, shall be paid a reward by the Department equal to 10 percent of the amount of the fine collected. The reward shall be paid from the amount of the fine collected. No reward paid pursuant to this subdivision shall exceed five thousand dollars ($5,000). (c) No informant shall be eligible for a reward for a violation known to the Department unless the information materially contributes to the imposition of criminal or civil penalties for a violation specified in this section. Cd) If there is more than one informant for a single violation, the person making the first notification received shall be eligible for the reward, except that, if the notifications are postmarked on the same day, or telephoned notifications are received on the same - 37 - . e day, the reward shall be divided equally among those informants. (e) Public officers and employees of the United states, the state of California, or counties and cities in this state are not eligible for the reward pursuant to subdivision (a) or (b), unless the providing of the information does not relate in any manner to their responsibilities as public officers or employees. (f) An informant who is an employee of a business and who provides information that the business has violated this Chapter is not eligible for a reward if the employee intentionally or negligently caused the violation or if the employee's primary included and regular responsibilities investigating the violation, unless the business knowingly caused the violation. (g) The Department shall pay rewards under this Section pursuant to the following procedures: (l) An application shall be signed by the informant and presented to the Department within 60 days after a final judgment has been entered or the - 38 - . e period for an appeal of a judgment has expired. (2) The determination by the city Attorney as to whether the information provided by the applicant materially contributed to the imposition of a judgment under Section 5514 shall be final. (3) The Department shall notify the applicant in writing of its decision to grant or deny a reward within a reasonable time period following the filing of an application. (4) Approved reward claims shall be paid by the Department within thirty (30) days of the collection and deposit of the penalties specified in subdivisions (a) and (b). (h) The names of reward applicants or informants shall not be disclosed by the Department unless the names are otherwise publicly disclosed as part of a judicial proceeding. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no - 39 - . ... further, are hereby repealed or mod~f~ed to that extent necessary to affect the provisions of this ordinance. SECTION 3. If any sections, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or 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 invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The city Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~ '--'::-0--- ROBERT M. MYERS city Attorney - 40 - . e Adopted and approv r ary.. 1987. I hereby certify that was duly and regularly Ordinance No. 1400(CCS) a meeting of the ci ty council on the 27th day of January 1987; that the said Ordinance was thereafter duly adopted at a meeting of the city council on the loth day of February 1987 by the following council vote: Ayes: Councilmembers: Finkel.. Jennings, A. Katz, H. Katz, Reed, Zane and Mayor Conn Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None "'!-......, f ... ... ..-"- .- _"' '-.__.n... ~- - - ATTEST:::~~"'- - - ~ ""'- ~. .....- " - '- '- a.:"'f'~ Cit~Clee&:~~' ~ . - -- - ..