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SR-700-004 (8) . ? ()O-iPO<! . -r~~ ?lfo ttGS:SS:EL:A Councll Meetlng: August 28, 1984 Santa Monlca, Callfornia FROM: Clty Staff (p-~ 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. ,- <:.. AU' 2 8 IJI4 - 1 - . . 'GS:SS:EL:A 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 - 2 - \.GS:SS:EL:A Councll Meetlng: August 28, 1984 . . 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 - 3 - . . 'GS:SS:EL:A 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 - 4 -