SR-503-004 (7)
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Y-C-
IAN 2 7 1987
5(J3~ 00 'JL
CA:RMM:brtoX2/hpadv
City council Meeting 1-27-87
Santa Monica, California
STAFF REPORT
TO: Mayor and City council
FROM: city Attorney
SUBJECT: Ordinance Adding Chapter 5 to Article v of the Santa
Monica Municipal Code Relating to Hazardous Materials
Release Response Plans and Inventory
On July 23, 1986, final amendments were made to Assembly
Bills 2185 and 2187 requiring all businessess handling certain
quantities of hazardous materials to establish business plans for
emergency response to hazardous materials incidents. The
business plans must include:
product and waste inventories;
plans and procedures for emergency response, notifications,
mitigation and evacuation; and the outline of a training program
v-lhich must be provided to all employees on the use of the
emergency plan and in handling hazardous materials. Each county
is required to implement the provisions of the law but cities may
assume responsibility for the program implementation after
notifying certain agencies and enacting an ordinance implementing
the requirements of this program. The implementing agency must
also prepare an Area Plan for response to hazardous materials
incidents. The city of Santa Monica has: notified the required
agencies of its intent to implement provisions of this law as
required.
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JAN 2 7 1987
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At its meeting on September 23, 1986, the City council
directed the City Attorney's office to prepare an ordinance
implementing the provisions of Assembly Bills 2185 and 2187. In
response to this direction, the accompanying ordinance has been
prepared and is presented for City Council consideration.
SUMMARY OF PROPOSED ORDINANCE
section 5500. This section provides that this ordinance is
being enacted to protect the public health and safety and the
environment by preventing or mitigating the potential damage
resulting from the release or potential release of hazardous
materials.
section 5501. This section defines terms as they will be
used in the proposed Chapter. Most of the definitions are the
same as the corresponding terms in AB 2185 and 2187 except the
term "Department" is the City Department of General Services, the
agency designated by the City to coordinate and administer this
Chapter.
Section 5502. This section provides:
a. That all business plans and the area plan must meet the
minimum standards adopted by the state Office of Emergency
Services.
b. That the Department shall establish the area plan.
c. That the Department shall submit to the Office a copy of
the proposed area plan within 180 days after the adoption of area
plan standards by the Office and shall review the area plan every
three years, making necessary revisions.
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d. That the Department shall also submit the basic
provision of a plan to conduct on-site inspections of businesses
covered herein to ensure compliance with the Chapter and identify
existing safety hazards or suggest preventative measures.
e. The Department shall submit a plan to institute a data
management system for the information collected from businesses
within two years after the required business plans are first
submitted.
Section 5503.
This Section provides several things.
It
e.stablishes the businesses required to prepare plans in
accordance with the standards adopted by the Office, namely, any
business handling any amount of hazardous waste or handling a
hazardous material or a mixture containing a hazardous material
which at anyone time during the year is equal to or greater than
a weight of 500 pounds, a total volume of 55 gallons, or 200
cubic feet at standard temperature and pressure for compressed
gas. It exempts from these provisions hazardous material
contained solely in a consumer product for the general public
unless the Department finds it necessary for business plans to be
established by such businesses and notice is provided to the
business.
It
further
provides
that
under
exceptional
circumstances the Department may exempt any hazardous substance
from the inventory requirements of the Chapter, after notice and
public hearing, if it finds this substance will not pose a danger
if released into the environment.
It further authorizes the
Department, upon request from a handler of hazardous materials,
to exempt the handler from any portion of the business plan if
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justified by unusual circumstances and the exemption would not
pose a hazard to human health or the environment or impair the
effectiveness of emergency response by rescue personnel. It
similarly authorizes the Department to exempt a hazardous
material from the inventory requirements of the Chapter. None of
these exemptions, however, apply to any business handling
hazardous waste.
Section 5504. This section establishes the requirements for
business plans which includes the contingency plan requirements
of
California
Administrative
Code,
Title
22,
sections
67140-67145. Business plans must include:
a. The inventory of information required by section 5509
and other information deemed necessary by the Department.
b. Emergency response plans and procedures which include
immediate notification to the Department and other necessary
personnel, procedures for the mitigation of a release or
potential release, evacuation plans, designation of an emergency
coordinator and a list of emergency equipment.
c. A training program for all new employees and annual
training for all employees.
d. Additional requirements of the Office of Emergency
Services.
This section also provides that businesses required to file a
pipeline operations contingency plan under state law may file a
copy of such plans with the Department in lieu of the emergency
response plan.
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Section 5505.
This Section provides that handlers must
submit their business plans required by this Chapter to the
Department for review on or before september 1, 1987 and
establishes a procedure for review and correction of the plans.
It further provides that the Department can seek the civil and
criminal penalties establ ished in this Chapter to enforce the
Chapter's requirements.
This Section also provides that the
Department must submit a schedule to the Office for the
submission of business plans and a copy of this ordinance. It
further provides that when substantial changes in a handler 's
operations require modification of the business plan, the handler
must submit the changes to the Department wi thin thirty days.
The handler must also comply with the requirements of Section
5510 in such circumstances. This section further provides that
businesses must review their plans on or before September 1, 1988
and at least once every two years thereafter and certify
thatreview and necessary changes were made. These changes should
be submitted to the Department.
Finally, this section provides
that a business must annually submit a completed inventory form
to the Department beginning on or before September 1, 1987 unless
the business is exempted.
Section 5506.
This Section provides that the Department
shall maintain an index of business plans by street address and
company name. The plans and revisions must be available to the
pUblic and any requesting state or local agency except the public
will not be able to inspect those portions of the plans
specifying the location of hazardous material storage and
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handling or maps of the site required by paragraph (5) of
subdivision (a) of Section 5509.
Section 5507.
This Section provides that the emergency
coordinator must immediately report to the police Department, the
Department and the Office the release or threatened release of
hazardous material
in accordance
with section
5502
and
regulations adopted therein.
The coordinator must provide fire
or public health or safety personnel with access to the
facilities.
This Section further provides that upon a release or
threatened release, the emergency coordinator must activate
alarms and contact facility personnel.
The coordinator must
also:
identify the character and source of released materials;
assess possible hazards to humans and the environment; and take
steps to stop the reoccurence of a fire, explosion, or spread of
hazardous material.
This section also provides that if the business stops
operations, the coordinator shall monitor the business equipment
for leaks and other problems. After a release, the coordinator
must arrange for the treatment, storage, or disposal of waste
that resulted from the release.
The effected areas of the
release must be kept clear of incompatible waste and emergency
equipment must be kept clean and fit before business operations
can be resumed. A written report detailing the incident must be
given to the Department within fifteen days.
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This section does not apply to persons engaged in the
transportation of hazardous materials on highways if said
individuals are subj ect to and have complied with Vehicle Code
sections 2453 and 23112.5.
Section 5508.
This section establishes that employees or
authorized representatives of the Department and the Fire
Department have the authority to conduct inspections as provided
in Health and Safety Code Sections 25185 and 25185.5 including
the authority to conduct inspections concerning hazardous
material.
Section 5509.
This section sets forth the information
required on the annual inventory form if a business handles
hazardous substances at quantities equal to or greater than those
specified in SUbdivision (a) of 5503. This information includes:
a. The chemical name and common name of the hazardous
substance or chemical product.
b. The category of waste of every hazardous waste.
c. A listing of the chemical name and common name of every
other hazardous material or mixture containing such a material
not otherwise listed.
d. The maximum amount of the hazardous material or mixture
handled at anyone time during the year.
e. Information on how and where these materials are handled
to enable emergency personnel to prepare adequate responses to
potential releases of these materials.
f. The total amounts of each hazardous waste handled during
the year.
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g. The SIC Code number of the business.
h. A contact person and alternate who can assist emergency
personnel during nonbusiness hours.
This section also provides that the Department may permit the
reporting of amounts by ranges rather than by specific amounts if
such reporting provides sufficient information to emergency
personnel.
Section 5510.
This Section provides that a handler must
submit amendments to the inventory form within thirty days of:
a. Any increase in the reported quantity of an extremely
hazardous material.
b. At least a 100% increase in the quantity of reported
material unless it is an extremely hazardous material.
c. Handling of a previous undisclosed material subject to
this chapter.
d. Changes in certain business information including the
emergency coordinator.
Section 5511.
This Section provides that a handler which
believes that the required inventory reporting involves the
release of a trade secret, as defined in Government Code Section
6254.7 and Evidence Code Section 1060, must still make the
disclosure, but shall notify the Department of this belief on the
inventory form.
This Section also establishes an elaborate
procedure governing the release of information requested by the
public when the handler has indicated this information may be a
trade secret. This section also designates those individuals and
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circumstances in which this confidential information can be
released.
This Section :further provides that the knowing and
willful disclosure of confidential information to the public
prohibited by this Section is a misdemeanor.
Finally, this
Section provides that information which must be kept secret for
national defense purposes shall be accorded the full protection
required by United State law or the officials certifying the
requirement of secrecy.
section 5512.
This Section provides the sUbmission of
information under this Chapter does not alter the liability or
responsibility of a business to protect its employees or the
pUblic and does not constitute compliance with the duty of care
required
of the business
for purposes
of judicial or
administrative proceedings.
section 5513.
This section provides that a fee shall be
established by a majority vote of the City Council sufficient to
pay for the costs incurred by the City to be paid by each
business SUbmitting a plan. A fee shall also be established to
provide for the cost of copying documents requested by the
public.
Section 5514. This section provides that a business which
violates sections 5503 to 5505 or sections 5509 to 5510 is liable
to the City in an amount not to exceed $2,000.00 for each day of
the violation.
If the violation creates or contributes to an
emergency, the business will also be assessed the cost of the
emergency response. This Section further provides that a knowing
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violation of these sections after reasonable notice will increase
the potential fine to $5,000.00 for each day of the violation.
Finally, any person or business which violates Section 5507 will
be subject to criminal liability as provided in Health and Safety
Code section 25515.
Section 5515. This Section provides that willful prevention
of or interference with Department personnel I s enforcement of
this Chapter is a misdemeanor.
section 5516. This section provides for the apportionment
of criminal and civil penalties in the manner provided by Health
and Safety Code Section 25515.2.
section 5517. This section provides that the Department can
require that the City Attorney, upon request by the Department,
seek injunctive relief to enjoin violations or threatened
violations of this Chapter, or regulations adopted thereunder, as
authorized by Health and safety Code section 25516. This section
further provides that the City Attorney can take such action on
his own initiative.
section 5518.
This Section provides that civil actions
shall be brought in the name of the people of the state of
California as authorized by Health and Safety Code section
25516. 1 and actions may be consolidated if they relate to the
same violation.
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Section 5519.
This section provides that the burden of
proof for injunctive relief is set forth in Health and Safety
Code Section 25516.2.
Section 5520. This section provides for the payment of a
reward by the Department to any individual who provides
information materially contributing to the imposition of civil
penalties under Section 5514 or a criminal fine under section
5514(0), with said payment coming from the amount collected in an
amount equal to 10% of the amount collected but not to exceed
$5,000.00.
This Section further provides that the first
informant to provide the information is entitled to the reward
except the reward will be divided equally between informants when
said information is postmarked as being mailed on the same day or
is telephoned on the same day. This section also makes certain
public employees ineligible for the reward unless the information
is not provided as part of their official responsibilities. It
further provides that employees of the violating business cannot
receive the reward if the employees caused the violation or if
their
primary
responsibilities
included investigating the
violation unless the violation was knowingly caused by the
business.
Finally, this Section establishes in detail the
procedure for paying the reward.
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RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
Barry A. Rosenbaum, Deputy City Attorney
Edward P. Manning, Deputy city Attorney
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CA:RMM:brtoxljhpadv
City Council Meeting 1-27-86
Santa Monica, California
ORDINANCE NUMBER
(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 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. I 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 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 I
trustl
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.
(d) Chemical 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.
(g)
Handle.
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
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this Chapter, !lstorel! 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 chemical 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 1 isted
as a radioactive material in Appendix B of
Chapter 1 of Title 10 of the Code of
Federal
updated
Regulations,
maintained
and
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) Emergency Rescue Personnel.
Any publ ic 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 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.
Business 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 lBO 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 tim.e
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.
Businesses Required
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
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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 fallowing 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 writing the basis for any exemption
under this paragraph.
(0) 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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I 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) ,
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
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twenty-five
pounds
of
an
absorbent
material to control the release of the
hazardous material.
This I ist 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).
(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
position of each employee. The training
program shall incl ude, 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 suppl ies under the control
of the handler.
(4) Familiarity with the
plans and procedures specified in
subdivision (b).
(d) All additional requirements
imposed by the Off ice 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).
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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 f 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), (e), 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 bus iness 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 seg.
(9) 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
The Department shall maintain
Records.
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 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 transmi t 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 1 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
in
response
to
a
fire,
explosion
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.
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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
Inventory
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
( 1 ) or ( 2) .
(d) The maximum amount of each
hazardous material or mixture containing a
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.
.
hazardous material disclosed in paragraphs
(I), (2), and (3) 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 ( 1), (2), and (3 )
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.
Amendments
to
Inventory Form.
Any business subj act 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) 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.
(e) 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) 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 "trade secret" has
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.
.
the meanings given to it by Government
Code section 6254.7 and Evidence Code
section 1060.
(b) Subject 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 -
.
.
prohibiting disclosure of the information
to the public and promptly notifies the
Department of that action.
This section
does not permi t 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.
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. .
(e) For purposes of this Section,
fire and emergency rescue personnel and
county health personnel operating wi thin
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
guilty of a misdemeanor.
Any contractor
with the county or city 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 wi th 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
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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,
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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.
(d)
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.
Apportionment oe
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.
Injunctive 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 Ci ty 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 -
.
.
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
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 ($5,000).
(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.
(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
- 37 -
.
.
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:
(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
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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 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 modified 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
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