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SR-700-004 (15) . ?-co~ Ot.J4?' . CA:RM~1:rm5302 CLty CouncLl MeetLng 5-22-84 Santa MonLca, CalLfornia ST_,^FF REPORT <;7- A 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 1 ~.A MAYZZ19l14 . . 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 2 . . 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, I . . 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. 2 . . (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 3 . . 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 4 . . 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 5 . . 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. 6 . . 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 7