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SR-700-004 700- co~ ~ ; l~.o GS:SS:BG:JSH:BJ srhazmat council Meeting: March 27, 1990 Santa Monica, California /' TO: Mayor and city Council FROM: City staff SUBJECT: Recommendation to Direct the City Attorney to Amend Portions of the Santa Monica Municipal Code Relating to Hazardous Materials Release Response Plans and Inventory. INTRODUCTION This report requests City Council to direct the city Attorney to draft revisions of portions of the Santa Monica Municipal Code relating to the Hazardous Materials Release Response Plans and Inventory, as discussed below. BACKGROUND On February 10/ 19B7, the city of Santa Monica adopted an ordinance dealing with the Hazardous Materials Release Response Plans and Inventory. This ordinance established procedures for businesses which use hazardous materials to submit a business plan which provides: 1) a list of hazardous materials used, stored and disposed of in the course of their operations; 2) plans and procedures for emergency response notification, mitigation and evacuation; and 3) a description of training methods used for employees who handle hazardous materials. The information generated from the business plans is used in the City'S area plan which documents the emergency response and preparedness capabilities in the event of a release or threatened release of a hazardous substance. The area plan is submitted to the California - 1 - ii-I< MflR '2 7 19~:nJ I u"'~u Office of Emergency Services and updated every three years. Since the adoption of the City's hazardous materials ordinance, federal and state legislation has been enacted which is more stringent than the City's requirements. In order for the city to retain the administrative authority for the program, Chapter 5, section V of the Santa Monica Municipal Code, Hazardous Materials Release Response Plans and Inventory, must be revised to comply with both state and federal law. In addition, staff is recommending that changes be made to clarify interpretive ambiguities in the Code. The principle recommended changes are presented below under two sub-headings. The first sub-heading discusses code sections which must be revised. The second sub-heading discusses sections which need to be added to the ordinance. Each section indicates whether the proposed revision is required due to new federal or State regulations or is a staff recommendation to clarify existing language. Revisions to the Code Section 5500 outlines the general purpose and intent of the chapter. It currently states "...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...". Staff is recommending that the section be revised to read "...it is the intention of the City of Santa Monica in passing this ordinance to fully implement all standards set forth by applicable state and federal regUlations..." - 2 - Section 5501 provides definitions of words and phrases used in the ordinance. The following words and phrases should be defined consistent with the recommendations below: Abbreviated Business Plan - Specific sections of the Business Plan form as defined by the Director of General Services. Chemical Abstracts Service Registry Number A numeric designation assigned by the American Chemical society1s Chemical Abstracts Service which uniquely identifies a specific chemical compound. Consumer Quantity - The volume and type of hazardous materials associated with use in non-commercial activities, and commonly available to the general public in consumer packages in retail outlets. Dun and Bradstreet Number A unique nine-digit number assigned by Dun and Bradstreet corporation to identify an individual business. Extremely Hazardous Substance - Any material listed as an extremely hazardous substance in Appendix A of Part 355 of Subchapter H of Chapter 1 of Title 40 of the Code of Federal Regulations or an acutely hazardous material, as defined in Health and Safety Code section 25532. Risk Management and Prevention Program All of the administrative and operational programs of a business which are designed to prevent extremely hazardous substance accident risks, including, but not limited to, programs which design - 3 - safety of new and existing equipment, standard operating procedures, preventive maintenance programs, operator training, accident investigation procedures, risk assessment for unit operations or operating alternatives, emergency response planning, and internal or external audit procedures to ensure that these programs are being executed as planned. Sensitive Facility - Schools, general acute care hospitals and long-term health care facilities. Significant 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. Section 5501 (b) currently defines Ilbusiness" as an employer, self-employed individual, trust, firm, organization, joint stock company, corporation, partnership, or association. Staff is recommending that the definition be revised to include government agencies, schools, universities, special districts and any other entity determined by the Director of General Services to pose a hazardous materials handling risk. Section 5502 (a) states IlAII business plans and the area plan shall meet the minimum standards adopted by the state Office of Emergency Services". The section should be revised to include reference to the minimum standards established by the Federal Superfund Amendments and Reauthorization Act of 1986, Title III. - 4 - Section 5503 (a) establishes the criteria that determines which business is required to submit a business plan. currently, the section states "Any business...which handles 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... II. The word "total" as used above could be interpreted to refer to each individual hazardous material. For example, it could be argued that a business with 499 pounds of one type of hazardous material and 499 pounds of another type of hazardous material is not required to submit a business plan. However, the business has a considerable amount of hazardous materials on site which may cause a threat to City emergency response personnel and the environment. staff is recommending that the word "total" be replaced with the word lIaggregate" thereby eliminating any potential ambiguity. staff is further recommending that language be added stating that businesses whose aggregate hazardous materials are less than the totals discussed above, but are greater than consumer quantities which are defined in section 5501, are required to submit an abbreviated business plan. The abbreviated business plan, as defined in Section 5501, is comprised of selected sections from the business plan as determined by the Director of General Services. The above changes to Section 5503 (a) are not required by either federal or state law. Staff is recommending that the changes be - 5 - made in order to ensure that the Hazardous Materials Release Response and Inventory program is providing the highest degree of protection from hazardous material emergencies in the community. In addition, the information generated from the abbreviated business plan will be used for several of the City I S environmental programs such as the Industrial Waste Program and the Hazardous Waste Minimization Program. Section 5503(b) (1) exempts businesses from submitting a business plan if they handle hazardous materials contained solely in a consumer product for direct distribution to, and use by, the general public in consumer quantities. The subsection was intended to exempt businesses such as auto supply stores, pool supply stores, etc. which sell hazardous materials to individual consumers in small quantities. However, the subsection may be interpreted to exempt a business which handles and uses a large volume of consumer-packaged hazardous materials even though they are not intended to be sold to or used by the general public in its original form. For example, a business which uses chlorine for a process may store hundreds of one-gallon bottles of chlorine on-site, which may be considered to be a hazardous material contained solely in a consumer product, and therefore be exempt from submitting a business plan. Currently the section states "Hazardous material contained solely in a consumer product...is exempt from the business plan...II. Staff is recommending that it be revised to read "Retailers who handle hazardous materials in quantities less than the quantities specified in Section 5503(a) (less than 55 gallons or 500 pounds - 6 - or 200 cubic feet of gas) which are contained solely in a consumer product... are exempt from the business plan. II This language clarifies that those businesses which handle and use large quantities of hazardous materials contained in consumer products would be required to submit a business plan. section 5504(b). Section 5504 establishes the requirements for business plans. Subsection (b) refers to a business' proximity to II. . . residential areas and other populations. . . II when developing emergency response plans. Reference to sensitive facilities must be included in section 5504 (b) to be in compliance with state law which requires that the business plan also address the business' proximity to sensitive facilities defined in section 5501 as schools, general acute care hospitals and long term health care facilities. section 5504(b) (4) requires that a list of all emergency equipment be submitted as part of the business plan. Part of the emergency equipment includes "...at least twenty-five pounds of an absorbent material to control the release of the hazardous material. II This requirement is not sufficient to handle large spills. Staff is recommending that section be revised as to require as emergency equipment 1I...at least twenty-five pounds of absorbent or the amount of absorbent sufficient to control the complete release of the largest container of hazardous materials, whichever is greater (excluding underground tanks).1I Section 5505(a) states that liOn or before September I, 1987, each handler shall submit its business plan to the Department..." As - 7 - currently written, this section, when read with section 5505(g) permits a business to operate and handle hazardous materials for 60 days without submitting a business plan. Staff is recommending that Section 5503 (a) be revised to read "Prior to handling of any hazardous material at a business, each handler shall submit its business plan to the Department." Staff is recommending that section 5505(g) be deleted, as the conditions it addresses are addressed in Section 5505(a). Section 5505(a) also states that if staff determines a business plan submitted by an existing business to be deficient in any way, a corrected business plan must be submitted within thirty days of notification. staff is recommending that the time be changed from thirty days to five working days. section 5505(C) states that "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 thirty days of the operational change." As in section 5505(a), staff believes that the thirty-day deadline should be changed to a five working-day deadline. Section 5507(a) requires that specific emergency response activities be implemented in the event of a release or threatened release of a hazardous material. Staff recommends that emergency measures be implemented in the event of a significant release or threatened significant release, as defined in Section 5501. This - 8 - will avoid unnecessary emergency response actions in minor spills. section 5507(a) (1) requires that a release or a threaatened release of a hazardous material be reported to the Santa Monica Police Department, the General Services Department, and to the state Office of Emergency services (OES). staff recommends that it be amended to read that in the event of any significant release or threatened significant release, the Santa Monica Fire Department, the General Services Department and the OES be notified immediately. Established city policy requires that the Fire Department be lead emergency response agency in hazardous materials emergencies. Additionally, federal legislation requires that the local emergency planning committee be notified immediately of an extremely hazardous material release or threatened release. This section should include this provision. sections 5507 (a) (6) , (a) (9) (A) currently specify response procedures involving only hazardous waste. recommending that the reference be changed to materials, which would include hazardous waste, so procedures would apply to all types of hazardous accidents. emergency Staff is hazardous that the materials Section 5509. Staff recommends that all references to hazardous substance pe changed to hazardous materials. section 5510 currently requires businesses to submit new hazardous materials inventory forms or amendments to existing forms within 30 days of becoming a handler or handling increased - 9 - amounts of a hazardous material previously reported. As stated in the discussion of revisions to sections 5505(a), (c)&(g) regarding business plan deadlines, staff recommends that the thirty-day deadline be changed to a five working-day deadline to mitigate the potential threat to emergency response personnel and the environment. Additions to the Code The following provisions are recommended to be added to Section V of the Santa Monica Municipal Code: state law requires that if a business which handles hazardous materials rents or leases space it must notify the property owner that hazardous materials are on-site. A section must be added to include this provision. Federal law requires that if the business has a Bradstreet Number, it be included in the business section must be added to include this provision. Dun plan. and A Federal law requires that each chemical, raw material, chemical component and waste component listed on the business plan be identified by a Chemical Abstract Service Registry number. staff recommends that this requirement be added as Section 5509(h). State law requires that any business handling an extremely hazardous material as listed in federal regulations be required to fill out an Extremely Hazardous Substance Registration Form (EHSRF). The form shall include the name, quantity, physical state and unit of measure of each extremely hazardous substance - 10 - and a description of the process and equipment which uses the extremely hazardous substance. Information generated from the EHSRF identifies businesses which are required to establish a Risk Management and Prevention Program. staff is recommending that a Section 5510.1 be added to establish the authority to require a Risk Management and Prevention Program from any business handling an extremely hazardous substance in quantities greater than the amounts specified in Section 25531-25541 of the California Health and Safety Code. New federal legislation requires that the inventory form be revised to include the physical state (pure, mix, solid, liquid, or gas) of each hazardous materials handled by the business. Staff is recommending that a new subsection be added to include the above requirement. New federal legislation requires that the inventory form be revised to include the health hazard level (immediate or delayed) of each hazardous material handled by the business. Staff is recommending that a new subsection be added to include the above requirement. Staff recommends that penalties, including fines and criminal or civil action, be assessed against businesses who do not submit business plans and fees in a timely manner. The above staff recommendations ensure that the City's ordinance is in compliance with mandated State and federal standards and enhances the City's proactive approach to community and environmental protection from hazardous materials emergencies. In - 11 - addition, these recommended changes will strengthen the City's proactive program for safeguarding the community and environment from hazardous materials releases emergencies. BUDGET/FINANCIAL IMPACT There is no budget/financial impact resulting from this report. RECOMMENDATION It is recommended that the City council direct the city Attorney to amend Chapter 5 of Section 5 of the Santa Monica Municipal Code consistent with the recommendations in this report. prepared by: Stan Scholl, Director of General Services Byron Gaines, Utilities Manager Jean Higbee, Administrative Analyst Brian Johnson, Environmental Coordinator - 12 -