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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