SR-700-004 (15)
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CA:RM~1:rm5302
CLty CouncLl MeetLng 5-22-84
Santa MonLca, CalLfornia
ST_,^FF REPORT
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HAY 2 2 fIN
TO:
Mayor and CLty CouncLl
FROM:
CLty Attorney
SUBJECT:
OrdLnance AmendLng MunLcipal Code Section 5302
to RequLre MaterLal Safety Data Sheets Ln
Connect Lon wLth TOXLC ChemLcal DLsclosure Law
At Lts meetLng on March 22, 1983, the City Council directed
the CLty Attorney to prepare an ordinance requiring the filing of
Material Safety Data Sheets Ln connect Lon wLth the TOXLC Chemical
DLsclosure Law.
In response to thLs direction, the acco~panying
ordLnance has been prepared and is presented for City CouncLl
consLderatLon.
Pursuant
to the Hazardous Substances InformatLon and
Trainlng Act,
Labor Code Section 6360 et seq., certaLn persons
are required to have on hand a MaterLal Safety Data Sheet whLch
provides Lnfo~atLon on a particular hazardous substance or
materLal.
The accompanying ordLnance amends subdLvLsion (b) of
MunLcLpal Code Sect Lon 5302 to requLre any person Who is required
to have on hand a MaterLal Data Safety Sheet to file such form
along wLth the Toxic ChemLcal DLsclosure Form.
This requLrement
will provLde more complete Lnformation to the CLty on tOXLC
chemicals in use in the CLty.
The addLtional requirement does
not
lmpose
signLficant
burdens on busLnesses subJect to
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d~sclosure, s~nce only those businesses who are requ~red by state
law to have Mater~al Safety Data Sheets on hand need supply them
to the C~ty,
RECOMMENDATION
It ~s respectfully recommended that the accompany~ng
ord~nance be introduced for first read~ng.
PREPARED BY:
Robert M. Myers, C~ty Attorney
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CA:RMM:rm53D2
C~ty Counc~l Meeting 5-22-84
Santa Monica, Californ~a
ORDI~NCE NUMBER
(City Counc~l Ser~es)
&~ ORDI~NCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA A}IENDING
MUNICIPAL CODE SECTION 5302
RELATING TO TOXIC CHEMICAL DISCLOSURE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Sect~on 5302 of the Santa Mon~ca Mun~c~pal Code
~s a~ended to read as follows:
Sect~on 5302. D~sclosure.
(a) The following holders of a
l~cense ~ssued under Art~cle VI of this
Code shall be required to complete and
f~le a Tox~c Chem~cal D~sclosure Form ~n
the manner requ~red by th~s Chapter:
(1) A
licensee for a business
located ~n the M-I Lim~ted Industr~al
D~str~ct or ~n the M-2 General Industr~al
Dlstrict excepting therefrom any business
engaged ~n execut~ve or ad~~n~strative
offices, karate stud~os, secur~ty guard
servJ.ces,
tra~ler
parks,
food
Wholesalers, restaurants, retail grocers,
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private
ch~ropractors,
advertis~ng
attorneys,
or public
lTIVestlga torsI
relations t
outlets,
retail
stores
or
sales
non-chemical
products,
of exclusively
pa rki ng lots,
d~str~butors
insurance agencies,
trade associatlons,
f~nanc~al inst~tutions, barber shops,
phys~c~ans, dent~sts and other health
profeSSlonals
unless
x-ray
or
laborator~es are on the prem~ses,
(2) A
l1censee for a business
located
veh~cle
in any
pa int~ng,
d~str~ct engaged in
rebuild~ng, recon-
dl tl0nl.ng I
body
and
fender
work,
repair~ng and overhaul~ng,
manufactur~ng, and the l~ke,
battery
(3) A
licensee for a business
located
~n
any d~str~ct engaged ~n
laundry, dry clean~ng, dye~ng works, or
carpet and rug cleaning.
(4) A l~censee for a business
loca ted ~n any d~str~ct engaged in photo
process~ng .
(5 ) A l~censee for a business
located ~n any d~str~ct engaged ~n metal
or plast~c cutting or form~ng.
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(6) A llcensee for a buslness In
any
distrlct
engaged
in
prlntlng,
Ilthographlng, or slmllar processes,
(7) A llcensee for a buslness In
any dlstrict engaged In pest or weed
control or abatement.
(8) A llcensee for a buslness In
any
dlstrlct
engaged In a medlcal,
dental,
x-ray processing, or cherolcal
laboratory.
(9) A llcensee for a buslness In
any district
refurblshing.
(b) The
engaged
In
furnl ture
Toxic Chemical Dlsclosure
Form shall be adopted and from tlme to
tl~e a~ended or revised by resolutlon of
the City Council followlng public
hearlng. The TOXlC Chemlcal Dlsclosure
Porm shall requlre the dlsclosure of
toxic chemicals,
radloactive materlals,
and hazardous and extremely hazardous
wastes handled, stored,
used, processed
or dlsposed of In the City and shall
requlre the disclosure of such substances
dlsposed of through the municipal sewer
system or the flood control channels
maintained by the Los Angeles County
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Flood
Control
Distr1ct.
The Toxic
Chem1cal
Disc losure
Fonn
shall
be
accompan1ed by the Mater1al Safety Data
Sheet requ1red by Labor Code Sect10n 6390
for each substance for which the person
1S requlred to have on hand a Material
Safety Data Sheet pursuant to the
Hazardous
Substances
Informatlon and
Tralnlng Act, Labor Code section 6360 et
se:q.
(c) Every
person
required
to
disclose under subd1vislon (a) of thls
sectlon shall complete and flle a TOXlC
Chemlcal Dlsclosure Form wlthln 90 days
of the date of adoptlon of thlS Chapter,
Wlthln 45 days of the date of adoption of
this Chapter, the Dlrector of General
Services shall mail a TOX1C Chemlcal
Disclosure
Form
to
every
licensee
requlred to dlsclose under thlS section.
Thereafter, such licensees shall complete
a TOX1C Chemlcal Disclosure Form in the
manner requlred by subdivlsion (d) of
thlS sectlon.
(d) No 11cense lssued pursuant to
Artlcle VI of thlS Code shall be renewed
illl1ess a Tox~c Chem~cal D~sclosure Form
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lS completed by any person required to
file such a form under thlS sectlon. The
TOX1C Chemlcal Dlsclosure Form shall be
malled by the Director of General
Servlces and shall be completed and filed
wlth the Clty on or before September 1 of
each year.
(e) Prlor to the issuance of any
bUSlness llcense pursuant to Article VI
of thlS code for any bUSlness descrlbed
ln subdlvlsion (a) of thlS sectlon, a
TOX1C Chemlcal Dlsclosure Form shall be
completed and flIed with the City,
(f) When one or more substances
requlrlng dlSclosure are mlxed with other
substances and packaged under a product
name,
the product name may be disclosed
lnstead of dlscloslng each substance
contalned thereln. If the Director of
General SerVlces requests a sample of
such product for purposes of analysls and
such request 15 refused, the person
maklng dlsclosure shall be requlred to
complete and flle an a~ended Toxic
Chemlc al
of such
Dlsclosure Form withln 10 days
refusal ldentlfying each
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substance sUbJect to d~sclosure mak~ng up
such product.
(g) Any person f~l~ng a Tox~c
Chem~cal D~sclosure Form shall amend the
form with~n 30 days of the date that the
person handles, stores,
or d~sposes of any
previously d~sclosed.
SECTION 2. Any provis~on of the Santa Mon~ca Municipal
Code or append~ces thereto ~ncons~stent w~th the prov~sions of
this ordinance, to the extent of such inconsistencles and no
uses, processes
substance not
further, are hereby repealed or mod~fied to that extent necessary
to affect the provis~ons of th~s ord~nance.
SECTIO~ 3. If any sectlon, subsection, sentence, clause,
or phrase of th~s ord~nance ~s for any reason held to be ~nval~d
or unconst~tutional by a dec~sion of any court of any competent
Jur~sd~ct~on, such decis~on shall not affect the val~dity of the
remain~ng
declares
port~ons of the ord~nance. The C~ty Counc~l hereby
that it would have passed th~s ord~nance and each and
every
sectlon,
subsect1on,
sentence,
clause or phrase not
declared ~nval~d or unconstitut~onal without regard to whether
any portion of the ordinance would be subsequently declared
inval~d or unconstitut~onal.
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SECTIOK 4_ The Mayor shall sign and the City Clerk shall
attest to the passage of th1S ordinance. Th1S City Clerk shall
cause the sa~e to be pub11shed once 1n the offic1al newspaper
with1n 15 days after 1tS adoption.
The ordinance shall become
effectlve after 30 days from 1tS adoption.
APPROVED AS TO FORM:
~&o..T
Robert M. Myers
C1ty Attorney
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