SR-700-004 (10)
.
7tJo-otX,C
.
~~~
'1,-/0
CA:RMM:rm5302
Clty Councll Meeting 10-9-84
Santa Monlca, California
STAFF REPORT
b-P
OCT 0 9 \984
TO:
Mayor and CIty CouncIl
FROM:
CIty Attorney
SUBJECT:
OrdInance AmendIng MunIcIpal Code Section 5302
MakIng VarIous Changes in the TOXIC ChemIcal
DIsclosure Law
At ItS meetIng on September 25, 19B4, the CIty CouncIl
Introduced
for
f,rst readIng an ordInance makIng varIOUS
amendments to the TOXIC Chemical DIsclosure Law.
The ordInance
15 now presented to the City CouncIl for adoptIon.
RECOMMENDATION
It IS respectfully recommended that the accompanYIng
ordInance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
(p-p
OCT a 9 1914
. .
CA:RMM:rm5302
Clty CouncIl MeetIng 10-9-B4 Santa Monlca, CalIfornIa
ORDINANCE NUMBER 13l6(CCS)
(CIty Council SerIes)
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. Section 5302 of the Santa MonIca MunIcIpal Code
IS amended to read as follows:
SectIon 5302. DIsclosure.
(al The folloWIng holders of a
lIcense Issued under ArtIcle VI of this
Code shall be requIred to complete and
fIle a TOXIC ChemIcal DIsclosure Form in
the manner requIred by thIS Chapter:
(1) A
lIcensee for a busIness
located In the M-1 LImited Industrlal
DistrIct or In the M-2 General Industrlal
DIstrict exceptIng therefrom any business
engaged in executIve or admInIstratIve
offices, karate StUdIOS, securIty guard
serVIces)
traIler
parks,
food
wholesalers, restaurants, retaIl grocers,
1
.
.
prIvate
investigators,
chiropra.ctors)
a.dvertising
attorneys,
or publIc
relatIons,
retail
stores
or
sales
outlets,
distrIbutors
non-chemical
products,
of exclusively
parkIng lots,
insurance agencIes,
trade associatIons,
fInanCIal
InstItutIons, barber shops,
physicians, dentIsts and other health
professionals unless x-ray or
laboratories are on the premIses, or
self-service laundries for WhICh no other
cleaning is done on the premises.
(2) A lIcensee for a business
located
in
any distrIct engaged In
vehIcle painting,
dItIonIng, body
rebUIldIng,
and fender
recon-
work,
repaIring and overhaulIng,
manufacturing, and the like.
i'attery
c (3) A
located
In
licensee for a bUSIness
any dIstrIct engaged In
laundry, dry cleanIng, dyeing works, or
carpet and rug CleanIng, exceptIng
therefrom self-service laundrIes for
WhICh no other cleanIng IS done on the
premIses.
2
.
.
(4) A
llcensee for a business
located In any district engaged in photo
processIng.
(5) A
lIcensee for a busIness
located In any dIstrIct engaged In metal
or plastic cuttIng or forming.
(6) A lIcensee for a busIness in
any dIstrIct engaged In prIntIng,
lIthographing, or simIlar processes.
(7) A licensee for a bUSIness in
any dIstrIct engaged In pest or weed
control or abatement.
(B) A lIcensee for a busIness in
any dIstrIct
dental, x-ray
laboratory.
(9) A licensee for a busI~ess In
engaged in a medIcal,
processing, or chemical
any dIstrict
refurbIshIng.
(b) The Toxic ChemIcal Disclosure
engaged
In
furniture
Form shall be adopted and from tIme to
tIme amended or revIsed by resolution of
the City CouncIl followIng publIC
hearIng.
The TOXIC ChemIcal DIsclosure
Form shall require the dIsclosure of
tOXIC chemicals,
radIoactIve materlals,
and hazardous and extremely hazardous
3
.
.
wastes handled, stored, used, processed
or disposed of in the CIty and shall
requIre the disclosure of such substances
dIsposed of through the munIcIpal sewer
system or the flood control channels
maIntaIned by the Los Angeles County
Flood Control DistrIct. The TOXIC
ChemIcal DIsclosure Form shall be
accompanIed by the MaterIal safety Data
Sheet requIred by Labor Code SectIon 6390
for each substance for WhICh the person
IS required to have on hand a Material
Safety
Hazardous
Data
Sheet
pursuant to
Information
the
and
Substances
TraInIng Act, Labor Code SectIon 6360 et
~eq.
(c) Every person requIred to
dIsclose under subdivIsIon (a) of this
section shall complete and fIle a TOXIC
ChemIcal DIsclosure Form wIthIn 90 days
of the date of adoptIon of thIS Chapter.
WIthIn QS days of the date of adoptIon of
this Chapter, the DIrector of General
SerVIces shall mall a Toxic ChemIcal
D,sclosure
requIred
Form
to
every
lIcensee
dIsclose under thIs sectIon.
Thereafter, such lIcensees shall complete
4
.
.
a TOXIC ChemIcal D,sclosure Form In the
manner required by subdIVISIon
this sectIon.
(d) No lIcense Issued pursuant to
(d) of
Article VI of thIS Code shall be renewed
unless a Toxic Chemical Disclosure Form
IS completed by any person requIred to
file such a form under thIS sectIon. The
Toxic ChemIcal DIsclosure Form shall be
mailed by the Director of General
ServIces and shall be completed and filed
wIth the City on or before September 1 of
each year, except that commencIng on
September 1, 19B5, the followIng persons
may fIle a TOXIC ChemIcal Disclosure Form
on or before September 1 of every thIrd
year:
(1) A person who last flIed
a TOXIC ChemIcal DIsclosure Form properly
reportIng no chemIcals.
(2) ~ person who last filed
a TOXIC ChemIcal DIsclosure Form properly
reportIng less than a total of 275
gallons of chemIcals consisting of any of
the follOWing, eIther IndIVidually or In
combInatIon: waste OIls, paint and
lint
5
.
.
supply chemIcals, furniture manufacturing
chemIcals, and machIne cuttIng oIls.
(el PrIor to the
Issuance of any
busIness lIcense pursuant to ArtIcle VI
of thIS code for any bUSIness descrIbed
In subdivisIon (al
of thIS sectIon, a
Toxic Chemical DIsclosure Form shall be
completed and flIed with the CIty.
(fl When one or more substances
reqUIrIng dIsclosure are mIxed WIth other
substances and packaged
name, the product name
Instead of dlsclosIng
under a product
may be dIsclosed
each substance
contaIned thereIn.
If the Director of
General SerVIces requests a sample of
such product for purposes of analysIs and
su~h request IS refused, the person
makIng dlsclosure shall be requIred to
complete and fIle an amended TOXIC
ChemIcal DIsclosure Form WIthIn 10 days
of such refusal ident,fy,ng each
substance subJect to dIsclOSUre makIng up
such product.
(g) Any person fIlIng a TOXIC
ChemIcal Disclosure Form shall amend the
form WIthIn 30 days of the date that the
person handles, stores,
uses) processes
6
.
.
or
dIsposes
of
any
substance not
prevIously dIsclosed.
SECTION 2.
Any provIsion of the Santa Monica Municipal
Code or appendIces thereto inconsIstent wIth the provIsions of
thIS ordinance"
to the extent of such InconsIstencies and no
further, are hereby repealed Or modIfIed to that extent necessary
to affect the provisions of this ordInance.
SECTION 3.
If any sectIon, subsectIon, sentence, clause,
or phrase of thIS ordInance IS for any reason held to be InvalId
or unconstItutional by a deCISIon of any court of any competent
JurIsdIction, such decIsIon shall not affect the valIdIty of the
remaInIng portions of the ordinance.
The City CouncIl hereby
declares that It would have passed this ord,nance and each and
every
sectIon,
subsectIon, sentence,
clause Or phrase not
declared Invalid Or unconstitutIonal without regard to whether
any portion of the ordinance would be subsequently declared
InvalId Or unconstItutIonal.
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
wIthIn 15 days after Its adoption.
The ord,nance shall become
effective after 30 days from its adoptIon.
APPROVED AS TO FORM:
_-;~~::~~i1"~ :~~:\ld ~7.!.'~~
"
j
Robert M. Myers
City Attorney
7
. .
Adopted and approved thiS 9th day of October, 1984.
Q?I! f5
Mayor
I hereby certify that the foregoIng ordinance, No. 1316(CCS),
was duly and regularly introduced at a meeting of the CIty Coun-
cll on the 25th day of September, 1984; that the said ordinance
was thereafter duly adopted at a meeting of the Clty Councll on
the 9th day of October 1984 by the following CouncIl vote:
Ayes: Councllmembers: Conn, Epstein, JennIngs, Press,
Reed, Zane and Mayor Edwards
Noes: Councllmembers: None
AbstaIn: Councllmembers: None
Absent: Councilmembers: None
ATTEST:
~c 17?~
City Clerk