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SR-700-004 (5) - - , rPtJ- Ot!Jr' \ ,-E .". GS:SS:EL:JH:a Council Meeting: September 23, 1986 Santa Monica, California To: Mayor and city Council From: city Staff Subject: Recommendation to Prepare an Ordinance for Hazardous Materials Incident Planning Regulations INTRODUCTION This report recommends that city council direct the city Attorney to prepare an ordinance adding Chapter 6.95 of the State Health and Safety Code to the Santa Monica Municipal Code, commencing with section 25500, relating to the development of emergency plans and training programs by businesses handling reportable quantities of hazardous materials. BACKGROUND On July 23, 1986 final amendments were made to Assembly Bill 2185 and 2187 (copies attached) requiring all businesses handling hazardous materials to establish a plan for emergency response to hazardous materials incidents. statutes AB2185 and AB2l87 were enacted in response to the chemical disaster in Bhopal, India. Because of the urgent nature of the situation, strict deadlines were established for statewide implementation: i. e. , implementation by september I, 1986. However, because established deadlines are unrealistic, no local or county agencies anticipate immediate compliance. County officials have indicated that Santa Monica's proposed adoptive date of January 27, 1987 demonstrates satisfactory progress to be in compliance - 1 - , \-E. SEP 2 a 1. '~ with the law. Los Angeles County, specifically the Los Angeles County Fire Department, is the agency designated in the bill to administer this program within the County, and therefore has the administrative authority to grant this extension. Each county is required to implement the provisions of the law but cities may assume responsibility for program implementation if all required agencies are notified in advance. The state Office of Emergency Services and the County Fire Marshal were both notified of the city of Santa Monica's intent to implement provisions of this new law as required. City Staff recommended this action because County officials indicated that they did not have resources to satisfactorily implement this program within the stated dates. In addition, Santa Monica has accumulated much of the necessary data through the Toxic Substance Disclosure Program to implement this program. The Department of General Services was designated by the city Manager's Office as the responsible department within Santa Monica for program implementation. City Staff believes that a better program will result if the city takes on this program, which is a logical extension of Toxic Chemical Disclosure Program, rather than leaving the responsibility with the County which must provide these services to many other cities as well as its own area. This law requires that any business handling over 55 gallons of hazardous materials per month prepare a Business Plan, consisting of: product and waste inventories; plans and procedures for emergency response, notifications, mitigation and evacuation; and the outline of a training program which must be provided to all - 2 - . ' employees on the use of the emergency plan and in handling hazardous materials. The Business Plan must be submitted to the administering agency by December 30th, 1986. Specific provisions are made for the collection of fees to cover costs incurred by the agency to implement this program. Each implementing agency must also prepare an Area Plan for City-wide response to hazardous materials incidents. specific components of the Area Plan include: emergency rescue personnel procedures, pre-emergency planning, notification, and personnel training. This area plan is very similar to the hazardous materials response plan recently developed by the City'S Police Department. Proposed Area Plans must be submitted to the state Office of Emergency Services by December 30, 1986 for approval. Staffing Requirements Lead responsibility for the administration of this program will lie with the Department of General Services. Overall implementation of the program will be a coordinated effort between the General Services, Fire and Police Departments. The General Services Department will be responsible for overall implementation of the program requirements of statutes AB 2185 and AB 2187 including ordinance amendments, establishment of a fee structure, form development, information dissemination, training, plan review and coordination with other departments. The Fire Department will be responsible for annual business inspections to verify the adequacy of emergency response plans and training programs and the accuracy of chemical inventories. - 3 - Violations in reporting requirements will be mitigated by the Department of General Services. Training of Fire Department personnel on responsibilities of this new program is scheduled to begin in October and extend through January, 1987. The Police Department will be responsible for the development of the Area Plan required by 2185 and 2187 and the training of employees in the use of the plan. Economic Impact of Requlations on Businesses This law provides for agencies to recover all costs incurred in program implementation. A new fee structure must be established based on projected program operating costs for the three departments involved. The new fee structure will replace the existing $5.00 annual fee charged for the Toxic Chemical Disclosure Program. Figures from the Toxic Chemical database indicate that approximately 625 entities in Santa Monica will be effected by this program including businesses, utilities, schools and City Departments. The financial impact on most businesses should be minimal. Because of the existence of the Toxic Chemical Disclosure Program, all businesses have already prepared chemical inventories and need only develop emergency plans and training programs for their employees. Many of the larger businesses in Santa Monica have already developed programs in response to similar requirements set forth in Title 22 of the California Administrative Code. These requirements are currently enforced by the County Health - 4 - Department, Hazardous Waste section. Therefore, businesses who are in compliance with Title 22 requirements are in compliance with the new State law and should not be financially burdened. Smaller businesses, however, would be effected by the requirements of this law. In order to minimize the costs, and in an effort to work cooperatively with Santa Monica businesses, Staff proposes to offer workshops to give guidance in the development of effective emergency response and training programs appropriate for business needs. As a result of this assistance from the city, it should not be very costly for businesses to prepare the plans. The major impact will be the staff time required of the businesses to prepare the plans. BUDGET AND FINANCIAL IMPACT Current staffing in the General Services Department is insufficient to carry out the implementation of this State mandated program. Staff estimates that an additional 1000 hours would be required for effective initial implementation of this program beyond the 250 hours required of Staff time currently available. staff recommends that a professional consultant be hired to provide the additional support required. The responsibilities of the consultant would be to coordinate the development and adoption of a fee structure, serve as a pUblic contact, plan and conduct workshops for small businesses, develop various forms, information packages and related documents, develop a training program for Fire Inspectors and establish data management procedures. - 5 - Funds were not budgeted for this proj ect during the FY86-B7 budget process because the scope of the requirements of the legislation were not available for staff review until July, 19B6. Staff estimates that the cost for the consultant will be $20,000 ($20.00 per hour for 1000 hours). RECOMMENDATIONS staff recommends that the city Council: 1. Direct the city Attorney to prepare an ordinance to adopt Chapter 6.95 of the state Health and Safety Code for final adoption by the January 27, 1987 city Council meeting. 2. Appropriate $7000 from the Wastewater Fund (General Service share) to account number 31-500-66l-000-506 and $l3,000 from the General Fund (Police and Fire share) to account number 01-500-401-000-506 to establish funding for the consultant. 3. Direct staff to develop a fee structure to recover the costs of implementing of this program. Prepared by: S. E. Scholl, Director of General Services E. H. Lash, utilities Manager J. J. stone, Toxic chemical Coordinator Attachments: Reprint of AB 2185 Reprint of AB 2187 (ab2185z) - 6 -