SR-700-004 (9)
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CA:RMM:rmS302
Clty Counc1l Meet1ng 9-25-84
Santa Monlca, California
STAFF REPORT
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SEP Z 5 1984
TO:
Mayor and C1ty Council
FROM:
C1ty Attorney
SUBJECT:
Ordinance Amending Municipal Code Section 5302
Making Various Changes 1n the Toxic Chem1cal
D1sclosure Law
At its meeting on August 28,
1984,
the C1ty Council
directed the C1ty Attorney to prepare an ordinance mak1ng var10US
amendments to the TOX1C Chemical D1sclosure Law.
In response to
th,S direction, the accompanying ord1nance has been prepared and
1S presented for City CounCil cons1derat1on.
The follow1ng changes have been made to Municipal Code
Sect10n 5302 which contains the d1sclosure requ1rements of the
TOXiC Chemical Disclosure Law:
1.
Subd1V1S1on (a)(l)
and (a)(3) have been added to
prov1de an exemption for self-service laundr1es for Wh1Ch no
other cleaning 1S done on the prem1ses.
2.
Subdiv1s1on
(d) has been amended to provide that
persons who have d1sclosed no chem1cals are requ1red to file a
TOX1C Chem1cal D1sclosure Form every three years 1nstead of every
year.
3. Subdiv1sion (d) has been amended to prov1de that
persons who disclose less than 275 gallons of certain chemicals
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are requ1red to flle a TOX1C Chem1cal Dlsclosure Form every three
years 1nstead of every year.
RECOMMENDATION
It 1S respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, C1ty Attorney
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CA:RMM:rm5302
Clty Councll Meetlng 9-25-84
Santa Monlca, Callfornla
ORDINANCE NUMBER
(City Councll Serles)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING
MUNICIPAL CODE SECTION 5302
RELATING TO TOXIC CHEMICAL DISCLOSURE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Sectlon 5302 of the Santa Monlca Municlpal Code
is amended to read as follows:
Sectlon 5302. Dlsclosure.
(al The following holders of a
license issued under Artlcle VI of this
Code shall be requlred to complete and
file a Toxic Chemlcal DIsclosure Form in
the manner requlred by thlS Chapter:
(ll A
lIcensee for a business
located in the M-1 Limited Industrlal
District or In the M-2 General Industrlal
Distrlct excepting therefrom any buslness
engaged in executlve or adminlstrative
offices, karate studlos, securlty guard
serVlces,
traller
parks,
food
wholesalers, restaurants, retail grocers,
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pr1vate
lnvestigators,
attorneys,
or public
Or sales
ch1ropractors, advert1s1ng
relat1ons, reta1l stores
non-chem1cal
products,
of exclusively
parking lots,
outlets,
dlstr1butors
1nsUrance agencies,
trade assoc1ations,
f1nanC1al
inst1tut1ons, barber shops,
physic1ans, dentists and other health
profess1onals
unless
x-ray
or
laborator1es are on the premises, or
self-service laundr1es for Wh1Ch no other
clean1ng 1S done on the premises.
(2) A
located
1n
licensee for a bus1ness
any distr1ct engaged in
veh1cle
paint1ng,
rebu1ld1ng,
recon-
d1tion1ng,
repalr1ng
body
and
fender
work,
and
overhaul1ng,
batterY
manufactur1ng, and the like.
(3) A
llcensee for a bus1ness
located in any d1str1ct engaged 1n
laundry, dry clean1ng, dye1ng works, or
carpet and rug clean1ng, excepting
therefrom self-serv1ce laundr1es for
which no other cleaning IS done on the
premises.
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(4) A
lIcensee for a bUSIness
located 1n any d1str1ct engaged 1n photo
process1ng.
(5) A
llcensee for a business
located 1n any d1str1ct engaged 1n metal
or plastic cutt1ng or form1ng.
(6) A llcensee for a business in
any
d1str1ct
engaged
in
print1ng,
llthographing, or similar processes.
(7) A llcensee for a bus1ness in
any d1str1ct engaged in pest or weed
control or abatement.
(8) A llcensee for a bus1ness 1n
any
d1str1ct
engaged 1n a med1cal,
dental, x-ray process1ng, or chem1cal
laboratory.
(9) A llcensee for a bus1ness 1n
any d1str1ct
refurb1sh1ng.
(b) The
engaged
in
furniture
Toxic Chemical D1sclosure
Form shall be adopted and from t1me to
t1me amended or rev1sed by resolut1on of
the City Council following publ1C
hear1ng. The TOX1C Chemical D1sclosure
Form shall requ1re the d1sclosure of
tOXIC chemIcals,
radIoactIve materIals,
and hazardous and extremely hazardous
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wastes handled, stored, used, processed
or d1sposed of
1n the C1ty and shall
requ1re the d1sclosure of such substances
d1sposed of through the mun1c1pal sewer
system or the flood control channels
ma1ntalned by the Los Angeles County
Flood
Control
Dlstrlct.
The Toxic
Chem1cal
D1sclosure
Form
shall
be
accompan1ed by the Materlal Safety Data
Sheet required by Labor Code Sect10n 6390
for each substance for Wh1Ch the person
is required to have on hand a Materlal
Safety
Data
Sheet
pursuant to the
Informat1on and
Hazardous
Substances
Tralnlng Act, Labor Code Sectlon 6360 et
seq.
(cl Every person requ1red to
d1sclose under subdivislon (al of th,S
section shall complete and flle a Toxic
Chem1cal Dlsclosure Form wlthln 90 days
of the date of adoption of thls Chapter.
With,n 45 days of the date of adoption of
thlS Chapter, the Dlrector of General
SerVIces shall mall a TOX1C Chemical
DISClosure
Form
to
every
llcensee
requ1red to dIsclose under thlS section.
Thereafter, such lIcensees shall complete
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a TOXIC Chemlcal Disclosure Form in the
manner requlred by subdivlslon (d) of
thlS sectlon.
(d) No license lssued pursuant to
Artlcle VI of this Code shall be renewed
unless a TOX1C Chemical Dlsclosure Form
lS completed by any person requlred to
flle such a form under thlS sectlon. The
Toxic Chemlcal Dlsclosure Form shall be
mailed
by
the
Dlrector of General
Services and shall be completed and flIed
wlth the Clty on or before September 1 of
each year, except that commencing on
September 1, 1985, the followlng persons
may file a TOX1C Chemlcal Disclosure Form
on or before September 1 of every third
year:
(1) A person who last flIed
a TOX1C Chem1cal Dlsclosure Form properly
reportlng no chemlcals.
(2) A person who last flIed
a TOX1C Chem1cal Dlsclosure Form properly
reportlng
less than a total of 275
gallons of chem1cals conslst1ng of any of
the followlng, elther lndiv1dually or 1n
comblnatlon: waste olls, paint and pa1nt
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supply chemlcals, furnlture manufacturlng
chemlcals, and machine cuttlng olls.
(el Prlor to the issuance of any
business llcense pursuant to Artlcle VI
of this code for any business described
in subdivlslon (a) of this sectlon, a
Toxic Chemlcal Disclosure Form shall be
completed and filed wlth the Clty.
(f) When one or more substances
requlrlng disclosure are mixed with other
substances and packaged under a product
name, the product name may be disclosed
lnstead of dlsclosing each substance
contalned thereln. If the Dlrector of
General SerVlces requests a sample of
such product for purposes of analysis and
such request lS refused, the person
maklng disclosure shall be required to
complete and flle an amended TOXlC
Chemlcal Dlsclosure Form wlthln 10 days
of such refusal 'dent,fy'ng each
substance subject to disclosure maklng up
such product.
(g) Any
person flling a TOXiC
Chemical Disclosure Form shall amend the
form within 30 days of the date that the
person handles, stores, uses, processes
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or
dIsposes
of
any
substance not
prevIously disclosed.
SECTION 2.
Any provISIon of the Santa MonIca MunlcIpal
Code or appendices thereto lnconslstent wIth the provisions of
this ordInance, to the extent of such Inconslstencles and no
further, are hereby repealed or modlfled to that extent necessary
to affect the provlslons of thls ordlnance.
SECTION 3.
If any sectlon, subsectIon, sentence, clause,
or phrase of thls ordlnance is for any reason held to be invalid
or unconstitutional by a declslon of any court of any competent
JurlsdlctIon,
such deCISlon shall not affect the valldlty of the
remaInIng portlons of the ordlnance.
The Clty Council hereby
declares that it would have passed thIS ordInance and each and
every
section, subsectlon,
sentence, clause or phrase not
declared lnvalld or unconstItutIonal WIthout regard to whether
any portion of the ordlnance would be subsequently declared
Invalid or unconstltutlonal.
SECTION 4. The Mayor shall SIgn and the City Clerk shall
attest to the passage of thIS ordInance.
This CIty Clerk shall
cause the same to be pUblIShed once In the offIcial newspaper
wlthln 15 days after ltS adoptlon.
The ordlnance shall become
effectIve after 30 days from Its adoptlon.
APPROVED AS TO FORM:
Robert M. Myers
Clty Attorney
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