SR-503-004 (5)
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CA:RMM:brtox3jhpadv
city council Meeting 2-10-87
503-00 V
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f4-E
FEB 1 0 1987
California
Santa Monica,
STAFF REPORT
SUBJECT:
Mayor and city Council
City Attorney
Ordinance Adding Chapter 5 to Article V of the Santa
Monica Municipal Code Relating to Hazardous Materials
Release Response Plans and Inventory
TO:
FROM:
At its meeting on January 27, 1987, the City council
introduced for first reading an ordinance adding Chapter 5 to
Article V of the Santa Monica Municipal Code relating to
i
hazardous materials release response plans and inventory.
The
ordinance is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, city Attorney
Barry A. Rosenbaum, Deputy City Attorney
Edward P. Manning, Deputy City Attorney
(,-E
FEB 1 0 J9~7
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BEFORE DISTRIBUTION CHECK CONTENT OF ALL
DISTRIBUTION OF RESOLUTION #
FOR CITY CfERK'S ACTION
ORD I NA1"J CE # / yO 0
W?1!' -;
Introduced:
Council Meeting Date
~//c/Y7
((~E
.fi/o
7-C;
Adopted:
ATl-vAYS PUBLISH AOOP l'.Iill ORDINANCES *
*Cross out Attorney's approval
Agenda Item If
Was It amended?
~
VOTE: AffIrmatIve:
\'egatlve:
Abstain'
Absent:
PROOF VO~E~ KITH ANOTHER ~ERS00 BEFORE A~~THING
DISTRlnuTluN: C~IGINAL ~o'be signed, sealed and filed in Vault.
NEWSPAPER PUBLICATION (Date: )
Department originatIng staff report ( * )
*Ci ty Attorney does not want cop~es of his ordinances or resol.utlons.
~ana0ewent Ser~ices Lvnne Barrette . OrdInances only ~
b ... ~ ~-" ~
Agency mentioned In document or staff report
(certifIed?)
Subject fIle (agenda packet)
1
Counter file
1
Others -: (Rev~ew for departnlents W'ho need to knaN) .
AIrport
ParkIng Auth.
Audltorum
Personnel
Bt111ding Dept.
Planning
Cu.llllUIU ty and Econcnuc Dev 9
Police (en-
forcement?)
FInance
Fire
PurchaSIng
.
Recr/parks
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LIbrary
TransportatIon
Treasurer
~AH- ~~ ~
~ It-.,ca~j
SE~D FOU~ COPIES OF ALL ORDINA~CES TO:
COD~D SYSTEMS, Attn Peter Mac~earie
.l. .).0 "!aIn- r-:Y~et ~~
AV0'l Yew Jersev.07717
I I ,
SE~D FOUR COPIES OF A T,T. ORDT\JA \J(,F~ TO:
D~bra "1vrJ..ck
SANTA ~O~ICA MUNICIPAL COURT
-~ 725 ~1AI\! STREET. Room 118
5.'\;;1A i'10NICA, C~ 90401
~1anage r
*Check Code SectJDns before sendmg.
TOTAL COPIES
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CA:RMM:brtoxljhpadv
city Council Meeting 2-10-87
santa Monica, California
S-03-GJOY
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
FOLLm'JS :
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 City Council of the city 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
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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
et seq., so as to establish wi thin the
City effective plans for the reporting and
handling of hazardous materials.
Section 5501.
Definitions.
For
purposes of this Chapter, 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 threa tened
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"
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includes a business organized
.
for profit
and a nonprofit business.
(c) Business Plan. A separate plan
for each facility, site, or branch of a
business which meets the requirements of
section 5504.
Cd) ~hemical 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)
Common 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 (c) ,
designated by the City of Santa Monica to
coordinate and administer this Chapter.
(q)
Handle.
To use,
generate I
process, produce, package, treat, store,
emit, discharge, or dispose of a hazardous
material in any fashion.
However, for
purposes of the inventory requirements of
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this Chapter, "storell does not include the
.
storage of hazardous materials which are
in transit 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 chem.ical product for which
one of the following applies:
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(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
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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) Release. Any
spilling,
leaking, pumping, pouring,
emitting,
emptying,
discharging,
injecting,
escaping, leaching, dumping, or disposing
into the environment, unless permitted or
authorized by a regulatory agency.
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(m) SIC Code.
.
The identification
number assigned by the standard Industrial
Classification Code to specific types of
businesses.
(n)
Threatened
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
limi ted 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 Secret. Trade Secret as
defined in subdivision (d) of Government
Code Section 6254.7 and Evidence Code
section 1060.
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Section 5502.
Plans.
~usiness and Area
(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
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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 wi thin 14 days after
the changes have been made.
(d) The Department shall submit to
the state Office of Emergency Services,
along with 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.
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(2) A plan to institute a
data management system which will assist
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
submi tted to the Department pursuant to
section 5505.
Section 5503.
to Prepare Plans.
(a) 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
Businesses Required
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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
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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
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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 vlri ting 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 (b).
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, or the
environment.
Any such information is,
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however, subject
.
to
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
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1 isted in the order
.
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, (Le., available to respond to an
emergency by reaching the business within
a short period of time) ,
with 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 within 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
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twenty-five
pounds
of
an
absorbent
material to control the release of the
hazardous material. This list shall be
kept up to da te .
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).
(c) 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
posi tion of each employee. The training
program shall include, but need not be
limited to:
(1) Methods for safe handling
of hazardous materials.
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(2) Procedures for
coordination with local emergency response
organizations.
(3) Use of emergency response
equipment and supplies 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 510l0) 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
specified in subdivision (b).
plan
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Section
5505.
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.
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(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
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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 form within sixty
(60) days of becoming a handler and comply
with all provisions of this Chapter
thereafter.
Section
5506.
Maintanence
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
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.
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 onsi te,
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.
Re-ports
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.
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.
(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 facility. These
measures shall include, where applicable,
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.
stopping
processes
and
operations,
collecting and containing released waste
and removing or isolating containers.
(7) If the handler stops
operations
explosion
in
response
to
the
a
fire,
or
release,
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
materials.
or
release
of
hazardous
(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.
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.
(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.
(11) 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.
(C) Name and quantity
of material(s) involved.
(D) The extent of
injuries, if any.
(E) An assessment of
actual or potential hazards to human
health or the environment.
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(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
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.
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 quantities specified in
subdivision (a) of section 5503.
(a) 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.
(c) 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).
(d) The maximum amount of each
hazardous material or mixture containing a
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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 (c)
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
Inventory Form.
5510.
Amendments
to
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:
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.
(a)
quantity
material.
(b) A 100 percent or more increase
in the quantity of a previously disclosed
material other than an extremely hazardous
material.
Any
of
increase in the reported
an extremely hazardous
(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.
( f) 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) !f 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 "trade secretll has
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.
the meanings
Code Section
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.
given to it by Government
6254.7 and Evidence Code
(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 periodl 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
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.
prohibiting disclosure of the information
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)
the county or
united states,
official duties
An officer or employee of
city, the state, or the
in connection with the
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.
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.
(e) For purposes of this Section,
fire 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 public 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
wi th the county or ci ty and any employee
of the contractor, who has been furnished
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.
information as authorized by this Section,
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. Dutv 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
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.
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.
I f 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,
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.
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
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.
Department is, upon conviction, guilty of
a misdemeanor.
Section 5516. 1\.pportionment of
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. Iniunctive 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
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.
.
showing that the business has engaged in,
is engaged in, or is about to engage in
the challenged acts or practices.
Section 551B. 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
ci ty 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
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of the civil penalty collected. No reward
paid pursuant to this subdivision shall
exceed five thousand dollars ($5,OOO).
(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.
(d) 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
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.
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 and regular responsibilities
included investigating the violation,
unless the business knowingly caused the
violation.
(g) The Department shall pay
rewards under this section pursuant to the
following procedures:
(1) 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
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.
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 wi thin
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
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.
.
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION J. 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:
ROB~ ~~;.. -'.0---
city Attorney
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.
.
.
Adopted and
approv~s
l
ary, 1987.
I hereby certify that
Ordinance No. 1400(CCS)
was duly and regularly
ced at a meeting of the city
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
ATTEST:
~
City Clerk