SR-700-004 (8)
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Councll Meetlng: August 28, 1984
Santa Monlca, Callfornia
FROM:
Clty Staff
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AUG 2 8 1514
TO:
Mayor and Clty Councll
SUBJECT:
Recommendatlon to Amend TOX1C Chemlcal Dlsclosure
Ordinance
Introductlon:
ThlS report requests that Clty Councll dlrect the Clty Attor-
ney to amend the TOX1C Chemical Dlsclosure Ordlnance In order to
reduce unnecessary reportlng by Santa Monlca buslnesses.
Background:
In 1981, the Clty Council passed the Toxic Chemlcal Dlsclosure
Ordlnance. Under the Ordlnance, buslnesses ln certain categories
and those located In lndustrlal dlstrlcts are requlred to an-
nually complete dlsclosure forms unless they are speciflcally
exempted.
Three years of experlence wlth the Ordlnance suggest
that several amendments need to be made at thlS tlme In order to
efficiently admlnlster the law.
D1Scusslon of Proposed Changes
Some buslnesses that do not handle any chemicals are never-
theless requlred to dlsclose according to the Ordlnance.
staff
recommends that these buslnesses be exempted
from annual
reportlng.
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Councll Meetlng: August 28, 1984
Santa Monica, California
For example, approximately one-third of all drycleaning busi-
nesses ln the Clty do not clean clothes on the premlses, rather
they are termed "agencles" and only collect clothes for cleanlng
elsewhere.
Self-serVlce laundromats are also requlred to file annually.
However, the owners do not handle any chemicals. Instead it is
the laundromat customers that use the regular cleanlng chemicals
llke detergent and bleach.
Some buslnesses only use the same small quantlties of rela-
tlvely less toxic materlals from year to year.
Staff beheves
that when small quantlties of less hazardous chemlcals are used,
less frequent disclosure lS approprlate. Dlsclosure once every
three years lnstead of annually for buslnesses that handle less
than 275 gallons or five 55 gallon drums at any tlme of waste
olls, palnt and paint supply chemicals, furnlture manufacturlng
chemicals, and machlne cuttlng oils would be more efflclent and
yet still provlde a level of lnformation wlthln the intent of the
ordinance. The volume llmltatlon of 275 gallons adequately sepa-
rates the small users from larger users based on disclosure
records.
These buslnesses would stlll be responsible for annually
amending the dlsclosure form lf changes occur ln the chemlcals
used or stored. A method for evaluatlng annual changes would be
to send all businesses annual reminders that changes must be re-
ported. If no changes to the form are needed a buslness would
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Councll Meetlng: August 28, 1984
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Santa Monica, Callfornla
slmply return a slgned card stating that no changes ln chemlcal
handllng have occurred Slnce the prevlous year.
Annual dlsclosure should stlll be requlred for all buslnesses
handling less than flve 55 gallon drums of relatively tOX1C sub-
stances (those not lncluded above) or over 275 gallons of any
chemlcals appearlng on the llSts developed by the Department of
General Servlces and consldered to be toxic or hazardous.
~mpact C?f,Propl?s,:d ReportIng Term Crlterla:
The major buslnesses categorles expected to be affected by
changlng the reportlng term to once every three years are:
-auto repaIr shop (139)
-cabinet and furnlture makers (27)
-machlne shops (23)
In 1983 a total of 578 bUSlnesses completed toxic chemical dlS-
closure forms. The proposal would requlre 189 busInesses or 32%
of the total number of bUSlnesses to report once every three
years lf no changes ln chemIcals used/stored have occurred.
New busInesses wlll stlll be required to flle a tOX1C cheml-
cal dlsclosure form before a business llcense lS issued if they
fall withIn the eXlsting reporting crlterla.
Budget/Flnanclal Impact
These changes wlll not result ln any lmpact on FY 1984/85
revenues. Future revenues wlll be reduced an average of 21% due
to tr lannual d lsclosure by 32% of the fHms.
Expend i tures for
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CouncIl Meeting: August 28, 1984
Santa Monlca, Californla
thlS program are not Itemlzed but a small reductlon ln staff tlme
is antlclpated from the recelpt of fewer annual dlsclosure forms.
Recommendatlon:
Staff recommends that the Clty Council dlrect the Clty Attor-
ney to amend the TOX1C Chemical Disclosure Ordinance as follows:
1. Provide for exemption of any establlshments lf no
chemlcals are stored, used or disposed on premises;
2. Prov lde for exemptlon of sel f- serv lee laundry bUS1-
nesses lf no other types of cleanlng are performed on
premlses;
3. Decrease the dlsclosure frequency to once every three
years for busInesses handllng less than 275 gallons or
five, 55 gallon drums of waste olls, palnt and palnt
supply chemIcals, furniture manufacturlng chemlcals and
machlne cuttlng olls.
Prepared by: Stanley E. Scholl, Director of General Servlces
Jack Hoagland, Adminlstratlve Water EngIneer
Julle Lee, TOX1C Chemlcal Coordlnator
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