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City Council Meeting 10-23-90 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Santa Monica Municipal
sections 5500, 5501, 5502, 5503, 5504, 5505, 5507,
5509, 5510, 5515, 5517 and Adding Sections 5510.1 and
5521 to the Santa Monica Municipal Code Relating to
Hazardous Materials Release Response Plans and
Inventory
At its meeting on october 9, 1990, the city Council
introduced for first reading an ordinance amending and adding
certain sections to the Santa Monica Municipal Code relating to
hazardous materials release response plans and inventory. The
ordinance is now presented to the city Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompany~ng
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Amelia K. Sherman, Deputy City Attorney
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CA:RMM:asordnce/hpw
y city Council Meeting 10-23-90 Santa Monica, California
ORDINANCE NUMBER l554(CCS)
{City Council Series}
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 5500, 5501, 5502, 5503, 5504, 5505, 5507, 5509, 5510,
5515, AND 5517 AND ADDING SECTIONS 5510.1 AND 5521
TO THE SANTA MONICA MUNICIPAL CODE RELATING TO HAZARDOUS
MATERIAL RELEASE RESPONSE PLANS AND INVENTORY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1: Santa Monica Municipal Code Section 5500 is
amended to read as follows:
SECTION 5500: Findings and Purpose.
The City Council of the City of Santa
Monica finds and declares as follows:
In order to protect the public
health and safety and the environment, it
is necessary to establish business and
area plans relating to the handling and
release or threatened release of hazardous
materials. The information provided by
business and area plans is necessary in
order to prevent or mitigate the damage to
the health and safety of persons and the
environment from the release or threatened
release of hazardous materials into the
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.
workplace and environment. To this end,
,.
it is the intention of the City of Santa
Monica in passing this ordinance to fully
implement, and where appropriate enhance
all standards established by applicable
state and federal laws and regulations so
as to establish within the City effective
plans for the reporting and handling of
hazardous materials.
SECTION 2. Santa Monica Municipal Code section 550l. is
amended to read as follows:
SECTION 5501. Definitions. For
purposes of this Chapter, the following
words or phrases shall have the following
meanings:
(a) Abbreviated Business Plan. A
plan as specified by the Director of
General Services which must be filed by
businesses which do not meet the
thresholds of Section 5503(a).
(b) Area Plan. The plan
established pursuant to Section 5502 by
the Department for emergency response to a
release or threatened release of a
hazardous material within the city.
(c) Business. An employer,
self-employed individual, trust, firm,
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.
organization, joint stock company,
,
corporation, partnership, association or
any other entity whether organized for
profit or nonprofit, including, without
limitation, governmental entities and
agencies, schools, universities, and
special districts.
(d) Business Plan. A separate plan
for each facility, site, or branch of a
business which meets the requirements of
section 5504.
(e) Chemical Abstract Service
Registry Nnmher.. A numeric designation
assigned by the American Chemical
Society's Chemical Abstract service which
uniquely identifies a specific chemical
compound.
( f) Chemical Name. The scientific
designation of a material in accordance
with the nomenclature system developed by
the International Union of Pure and
Applied Chemistry or the system developed
by the Chemical Abstracts service.
(g) Common Name. Any designation
or identification, such as a code name,
code number, trade name, or brand name,
used to identify a material other than by
its chemical name.
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.
(h) Consumer Quantity.. The volume
,
and type of hazardous materials associated
with use in non-commercial activities, and
commonly available to the general public
in consumer packages in retail outlets.
(i) Department.. The Department of
General services. The Department is the
administrating agency within the meaning
of Health and Safety Code Section
25502(c), designated by the City of Santa
Monica to coordinate and administer this
Chapter.
(j) Dun and Bradstreet Number. The
unique nine-digit number assigned by Dun
and Bradstreet Corporation to identify an
individual business.
(k) Emergency Coordinator. The
individual(s) designated by a business to
handle all reports of releases and
implementation of the business plan
pursuant to Section 5507.
(1) Emergency Rescue Personnel.
Any public employee, including, but not .
limited to, any firefighter, or emergency
rescue personnel, as defined in Penal Code
section 245.1, who responds to any
condition caused, in whole or in part, by
a hazardous material that jeopardizes, or
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.. could jeopardize, public health or safety
or the environment.
(m) Extremely Hazardous Katerial.
Any material listed as an extremely
hazardous material in Appendix A to Title
40 of the Code of Federal Regulations,
Part 355 or an acutely hazardous material,
as defined in Health and Safety Code
Section 25532.
(n) Fire Department. The Fire
Department of the city of Santa Monica.
The Fire Department has certain inspection
and enforcement responsibilities under
this Chapter.
(0) Handle. To use, generate,
process, produce, package, treat, store,
emit, discharge, or dispose of a hazardous
material in any fashion. However, for
purposes of the inventory requirements of
this Chapter, II store" does not include the
storage of hazardous materials which are
in transit or which are temporarily
maintained in a fixed facility for a
period of less than 30 days during the
course of transportation.
(p) Handler. Any business which
handles a hazardous material.
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. (q) Hazardous Material. Any
material that, because of its quantity,
concentration, or physical or chemical
characteristics, poses a significant
present or potential hazard to human
health and safety or to the environment if
released into the workplace or the
environment. This includes, but is not
limited to, hazardous substances,
hazardous waste, and any material which a
handler or the Department has a reasonable
basis for believing that it would be
injurious to the health and safety of
persons or harmful to the environment if
released into the workplace or the
environment.
(r) Hazardous Substance. Any
substance or chemical product for which
one of the fOllowing applies:
( 1) The manufacturer or
producer is required to prepare a Material
safety Data Sheet (MSDS) for the material
or product pursuant to the Hazardous
Substances Information and Training Act
(Chapter 2.5 (commencing with Section
6306) of Part 1 of Division 5 of the Labor
Code) or pursuant to any applicable
federal law or regulation.
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,
(2) The substance is listed as
f
a radioactive substance in Appendix B of
chapter 1 of Title 10 of the Code of
Federal Regulations, maintained and
updated by the Nuclear Regulatory
Commission.
(3) The hazardous materials or
substances listed in Parts 172 and 173 of
Title 49 of the Code of Federal
Regulations.
(4) The materials listed in
subdivision (b) of Labor Code Section
6382.
(5) The material is listed in
section 25316 of the California Health and
Safety Code.
(6) The material is listed as
a legal carcinogen from the California
Code of Regulations, Title 8, Subchapter
7, Group 16 or the list developed by the
United states Department of Health and
Human Services on its Second Annual Report
on Carcinogens.
(7) The material is classified
as a pesticide by the Director of the
Department of Food and Agriculture.
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r
, (8) The material is classified
by the EPA as a priority organic
pollutants.
(9) The material is listed as
an extremely hazardous material in Part
300 of Title 40 of the Code of Federal
Regulations.
(10) The material is an acutely
hazardous material as defined in Health
and Safety Code Section 25532, subdivision
(a) .
(s) Hazardous Waste. Hazardous
Waste as defined in sections 25115, 25117,
and 25316 of the Health and Safety Code.
(t) Release. Any spilling,
leaking, pumping, pouring, emitting,
emptying, discharging, injecting,
escaping, leaching, dumping, or disposing
into the environment, unless permitted or
authorized by a regulatory agency.
(u) Risk Manaqement and Prevention
program. All of the administrative and
operational programs of a business which
are designed to prevent extremely
hazardous material accident risks,
including, but not limited to, programs
which design safety of new and existing
equipment, standard operating procedures,
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r
. preventive maintenance programs, operator
training, accident investigation
procedures, risk assessment for unit
operations or operating alternatives,
emergency response planning, and internal
or external audit procedures to ensure
that these programs are being executed as
planned.
(v) Sensitive Facility. Schools,
general acute care hospitals, long-term
health care facilities, and any other
facility determined to be sensitive by the
Director of General Services.
(w) SIC Code. The identification
number assigned by the Standard Industrial
Classification Code to specific types of
businesses.
(x) significant Release. A
condition creating a substantial
probability of harm, when the probability
and potential extent of harm make it
reasonably necessary to take immediate
action to prevent, reduce, or mitigate
damages to persons, property, or the
environment.
(y) Threatened Significant Release.
A condition creating a substantial
probability of harm when the probability
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and potential extent of harm make it
.
reasonably necessary to take immediate
action to prevent, reduce, or mitigate
damages to persons, property, or the
environment.
(z) Trade Secret. Trade secret as
defined in subdivision (d) of Government
Code Section 6254.7 and Evidence Code
Section 1060.
SECTION 3. Santa Monica Municipal Code section 5502 is
amended to read as follows:
SECTION 5502. Business and Area
plans.
(a) All business plans and the area
plan shall meet the minimum standards
adopted by the state Office of Emergency
Services and the minimum standards
established by the Federal Super Fund
Amendments and Reauthorization Act of
1986, Title 3, and any subsequent
amendments thereto.
(b) The Department shall establish
.
the area plan for emergency response to
release -or threatened release of a
hazardous material within its
jurisdiction. The area plan is not a
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. statute, ordinance, or regulation for
purposes of Evidence Code section 669.
(c) The Department shall submit to
the state Office of Emergency Services for
review a copy of the proposed area plan
within 180 days after adoption of
regulations by the state Office of
Emergency services establishing area plan
standards. The Department shall within 45
days after the state Office of Emergency
Services has notified the Department as to
whether the area plan is adequate and
meets the area plan standards submit a
corrected area plan if required.
The Department shall certify to the
State Office of Emergency Services every
three years that it has conducted a
complete review of its area plan and has
made any necessary revisions. Any time
the Department makes any substantial
changes to the area plan, it shall forward
the changes to the state Office of
Emergency services within 14 days after
the changes have been made.
(d) The Department shall submit to
the state Office of Emergency Services,
along with its Area Plan, both the
following:
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( 1) The basic provisions of a
plan to conduct onsite inspections of
businesses subject to this Chapter by
either the Department, the Fire Department
or other designated entity. These
inspections shall ensure compliance with
this Chapter and shall identify existing
safety hazards that could cause or
contribute to a release or suggest
preventative measures designed to minimize
the risk of the release of hazardous
material into the workplace or
environment. The requirements of this
paragraph do not alter or affect the
immunity provided a public entity pursuant
to Government Code Section 818.6.
(2) A plan to institute a data
management system which will assist in the
efficient access to and utilization of
information collected under this Chapter.
This data management shall be in operation
within two years after the business plans
are required to be submitted to the
Department pursuant to section 5505.
SECTION 4. Santa Monica Municipal Code Section 5503 is
amended to read as follows:
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SECTION 5503. Businesses Required
to prepare Plans.
(a) Any business, except as
provided in subdivision (c) , which handles
any hazardous material or mixture
containing any hazardous material which
singularly or in combination with other
hazardous material, equal or exceed an
aggregate weight of 500 pounds, or an
aggregate volume of 55 gallons, or 200
cubic feet at standard temperature and
pressure for compressed gas, shall
establish and implement a business plan
for emergency response to a release or
threatened release of a hazardous material
in accordance with the standards in the
regulations adopted by the state Office of
Emergency Services. Any business which
handles hazardous waste shall meet the
requirements of this Section regardless of
the quantity of such waste handled.
(b) Any business, except as
provided in subdivision (c) , which handles
any hazardous material or mixture
containing any hazardous material, which
singularly or in combination are less than
an aggregate weight of 500 pounds, or an
aggregate volume of 55 gallons, or 200
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cubic feet at standard temperature and
pressure for compressed gas, but greater
than consumer quantity, shall establish
and implement an abbreviated business
plan, as defined in section 5501.
Cc) Except for the handlers of
hazardous waste, the following are exempt
from the Chapter.
(1) Hazardous material
contained solely in a consumer product for
direct distribution to, and use by, the
general pUblic is exempt from the business
plan requirements of this Chapter unless
the Department has found, and has provided
notice to the business handling the
product, that the handling of certain
quantities of the product requires the
submission of a business plan, or any
portion thereof, in response to public
health, safety, or environmental concerns.
(2) In addition to the
authority specified in paragraph (4) , the
Department may, in exceptional
circumstances, following notice and public
hearing, exempt from the inventory
provisions of this Chapter any hazardous
material specified in subdivision (j) of
Section 5501, if the Department finds that
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the hazardous material would not pose a
present or potential danger to the
environment or to human health and safety
if the hazardous material was released
into the environment. The Department
shall specify in writing the basis for
granting any exemption under this
paragraph. The Department shall send a
notice to the state Office of Emergency
Services within five days of the effective
date of any exemption granted pursuant to
this paragraph.
(3) The Department, upon
application by a handler, m.ay, exempt a
handler under the conditions it deems
proper from any portion of the business
plan upon a written finding that the
exemption would not pose a significant
present or potential hazard to human
health or safety or to the environment or
affect the ability of the Department and
emergency rescue personnel to effectively
respond to the release of a hazardous
material, and that there are unusual
circumstances justifying this exemption.
The Department shall specify in writing
the basis for any exemption under this
paragraph.
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(4) The Department upon
application by a handler may exempt a
hazardous material from the inventory
provisions of this Chapter upon proof that
the material does not pose a significant
present or potential hazard to human
health and safety or to the environment if
released into the workplace or
environment. The Department shall specify
in writing the basis for any exemption
under this paragraph.
(s!) The Department shall provide
all information obtained from completed
inventory forms upon request, to emergency
rescue personnel on a 24-hour basis.
(~) The Department shall adopt
procedures to provide for public input
when approving any applications submitted
pursuant to paragraph (3) or (4) of
subdivision (c) .
SECTION 5. Santa Monica Municipal Code Section 5504 is
amended to read as follows: .
SECTION 5504. Requirements for
Business Plans. Business plans shall
include all of the following:
(a) The inventory of information
required by section 5509 and whatever
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additional information that the Department
finds is necessary to protect the health
and safety of persons, property, or the
environment. Any such information is,
however, subject to trade secret
protections pursuant to section 5511.
(b) Emergency response plans and
procedures in the event of a significant
release or threatened significant release
of a hazardous material, scaled
appropriately for the size and nature of
the business, the nature of the damage
potential of the hazardous materials
handled, and the proximity of the business
to residential areas, sensitive facilities
and other populations, including, but not
limited to, all of the following:
(1) Immediate notification to
the Department, the Fire Department, the
state Office of Emergency Services, the
appropriate local emergency rescue
personnel, and persons within the facility
who are necessary to respond to the
incident.
(2) Identification of local
emergency medical assistance appropriate
for potential accident scenarios.
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(3) The name, address and
phone numbers (office and home) of all
persons qualified to act as emergency
coordinators. Where more than one person
is listed, one shall be named as primary
emergency coordinator and others shall be
listed in the order in which they will
assume responsibility as alternates.
(A) At all times there
shall be at least one employee, ei ther on
the business premises during operating
hours, or on call during non-operating
hours, (i.e. , available to respond to an
emergency by reaching the business within
one hour), with the responsibility for
coordinating all emergency response
measures. The emergency coordinator shall
be thoroughly familiar with all aspects of
the business plan, all operations and
activities at the business, the location
and characteristics of hazardous materials
handled, the location of all records
within the business, and the business
layout.
(B) This person shall
have the authority to commit the resources
needed to carry out the business plan.
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(4) A list of emergency
equipment at the business (such as fire
extinguishing systems, spill control
equipment, communications and alarm
systems and decontamination equipment) .
This equipment must include at least
twenty-five pounds of an absorbent
material or the amount of absorbent
material sufficient to control the
complete release of the largest container
of hazardous materials, (excluding
underground tanks) which ever is greater.
This list shall be kept up to date. In
addition, the plan shall include the
location and a physical description of
each item on the list and a brief outline
of its capabilities.
(5) An evacuation plan for
business personnel. This plan shall
describe signals to be used to begin
evacuation, evacuation routes and
alternate evacuation routes (in cases
where the primary routes could be blocked
by releases of hazardous materials).
(c) A training program for all new
employees and annual training, including
refresher courses, for all employees in
safety procedures in the event of a
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release or threatened release of a
hazardous material. These training
programs shall take into consideration the
position of each employee. The training
program shall include, but need not be
limited to:
(1) Methods for safe handling
of hazardous materials.
(2) Procedures for
coordination with local emergency response
organizations.
(3) Use of emergency response
equipment and supplies under the control
of the handler.
(4) Familiarity with the plans
and procedures specified in subdivision
(b) .
(d) All additional requirements
imposed by the Office of Emergency
services pursuant to Health and safety
Code section 25503.
(e) Any handler required to file a
pipeline operations contingency plan in
accordance with the California Pipeline
Safety Act of 1981 (chapter 5.5
(commencing with Section 51010) of Part 3
of Division 1 of Title 5 of Government
Code) and the regulations of the
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- Department of Transportation, found in
Part 195 of Title 49 of the Code of
Federal Regulations, may file a copy of
those plans with the Department instead of
filing an emergency response plan
specified in subdivision (b) .
SECTION 6. Santa Monica Municipal Code section 5505 is
amended to read as follows:
SECTION 5505. Submission and Review
of Business Plan.
(a) Prior to handling of any
hazardous material at a business, each
handler shall submit its business plan to
the Department and certify that it meets
the requirement of this Chapter. For
purposes of reporting to the City, all
handlers that meet the requirements of
this Chapter shall be deemed to have met
the contingency plan requirements of
California Code of Regulations, Title 22,
Sections 67140-67145. If, after review,
the Department determines that the
handler's business plan is deficient in
any way, the administering agency shall
notify the handler of these defects. The
handler shall submit a corrected business
plan within five (5) days of the notice.
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. If a handler fails after reasonable notice
to submit a business plan in compliance
with this Chapter, the Department or the
Fire Department shall immediately take
appropriate action to enforce this
Chapter, including the imposition of civil
~
and criminal penalties specified in this
Chapter. A copy of the approved business
plan and all revisions shall be maintained
at the handler.
(b) The Department shall submit to
the state Office of Emergency Services a
schedule for the submission of the
business plan and a copy of this
ordinance.
(c) In addition to the requirements
of Section 5510, whenever a substantial
change in the handler's operations occurs
which requires a modification of its
business plan the handler shall submit a
copy of the plan revisions to the
Department within five (5) days of the
operational change. .
(d) The handler shall, in any case,
review the business plan submitted
pursuant to subdivisions (a) , (c) , and (g)
at least once every two years to determine
if a revision is needed and shall certify
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to the Department that the review was made
and that any necessary changes were made
to the plan. A copy of these changes
shall be submitted to the Department as a
part of this certification.
ee) Unless exempted from the
business plan requirements under this
Chapter, any business which handles a
hazardous material shall annually submit a
completed inventory form to the
Department. Notwithstanding any other
provision of law, an inventory form shall
be filed on or before September 1, 1987,
and annually thereafter. This inventory
shall be filed annually, notwithstanding
the review requirements of subdivision
Cd) .
(f) Any business which files an
inventory form pursuant to requirements of
subdivision ee) shall have satisfied the
requirements of the Toxic Chemical
Disclosure Law, Santa Monica Municipal
Code section 5300 et seg.
SECTION 7. Santa Monica Municipal Code Section 5507 is
amended to read as follows:
SECTION 5507. Reports of
ReleaseS/Implementation of Business Plan.
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(a) Except as provided in
subsection (c) whenever there is a
significant release or threatened
significant release of hazardous material,
the emergency coordinator shall upon
discovery:
(1) Immediately report any
release or threatened release of hazardous
material to the Fire Department, the
Department, and to the state Office of
Emergency Services, in accordance with the
regulations adopted pursuant to section
5502.
(2) Additionally, immediately
report any release or threatened release
of extremely hazardous material to the
Local Emergency Planning Committee of the
California state Office of Emergency
Services.
(3) Provide all state, city,
and county fire, public health and safety
personnel and emergency rescue personnel
with access to the handler's facilities.
(4) Activate internal facility
alarms or communication systems, where
applicable, to notify all business
personnel.
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(5) Identify the character,
exact source, amount and areal extent of
any released materials. The coordinator
may do this by observation or review of
facility records or manifests and, if
necessary, by chemical analysis.
(6) Concurrently, the
emergency coordinator shall assess
possible hazards to human health or the
environment that may result from the
release or threatened release. This
assessment shall consider both direct and
indirect effects of the release.
(7) During an emergency, the
emergency coordinator shall take all
reasonable measures necessary to ensure
that fire, explosions and releases do not
occur, reoccur or spread to other
hazardous materials at the facility.
These measures shall include, where
applicable, stopping processes and
operations, collecting and containing
released materials and removing or
isolating containers.
(8) If the handler stops
operations in response to a fire,
explosion or release, the emergency
coordinator shall continue to monitor the
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--
.
handler for leaks, pressure build up, gas
generation, ruptures in valves, pipes or
other equipment, or such other conditions
to ensure against additional fire,
explosion or release of hazardous
materials.
(9) Immediately after an
emergency, the emergency coordinator shall
provide for treating, storing or disposing
of recovered hazardous materials,
contaminated soil or surface water or any
other material that results from a release
at the handler.
(10) The emergency coordinator
shall ensure that, in the affected area(s)
of the handler:
(A) No material that may
be incompatible with the released material
is treated, stored or disposed of until
cleanup procedures are completed.
(B) All emergency
equipment listed in the business plan is
cleaned and fit for its intended use
before operations are resumed.
(11) The handler shall notify
the Department and appropriate state and
local authorities, that the handler is in
compliance with paragraph (10) of this
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.
subdivision before operations are resumed
in the affected area(s) of the facility.
(12) The handler shall
document the time, date and details of any
incident that requires implementing the
business plan. Within 15 days after the
incident, the handler shall submit a
written report on the incident to the
Department. The report shall include:
(A) Name, address and
telephone number of the business.
(B) Date, time and type
of incident.
(e) Name and quantity of
material(s) involved.
(D) The extent of
injuries, if any.
(E) An assessment of
actual or potential hazards to human
health or the environment.
(F) Estimated quantity
and disposition of recovered material that
resulted from the incident.
(b) The provisions of the business
plan shall be carried out immediately upon
the release or threatened release of a
hazardous material.
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.
(c) Subdivision (a) does not apply
to any person engaged in the
transportation of a hazardous material on
a highway which is subject to, and in
compliance with, the requirements of
Sections 2453 and 23112.5 of the Vehicle
Code.
SECTION 8. Santa Monica Municipal Code section 5509 is
amended to read as follows:
SECTION 5509. Annual Inventory
Form. The annual inventory form shall
include, but shall not be limited to,
information on all the following which are
handled in quantities equal to or greater
than the quantities specified in
subdivision (a) of section 5503.
(a) A listing of the chemical name
and common names of every hazardous
material or chemical product handled by
the business.
(b) The category of material,
including the general chemical and mineral .
composition of the material listed by
probable maximum and minimum
concentrations, of every hazardous
material handled by the business.
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.
. (c) A listing of the chemical name
and common names of every other hazardous
material or mixture containing a hazardous
material handled by the business which is
not otherwise listed pursuant to paragraph
(a) or (b).
(d) The maximum amount of each
hazardous material or mixture containing a
hazardous material disclosed in paragraphs
(a) , (b) , and (c) which is handled at any
one time by the business over the course
of the year. These amounts must be
expressed in commonly understood units
appropriate to the manner in which the
hazardous materials are handled.
(e) Sufficient information on how
and where the hazardous materials
disclosed in paragraphs (a), (b) , and (c)
are handled by the business to allow fire,
safety, health, and other appropriate
personnel to prepare adequate emergency
responses to potential releases of the
hazardous materials.
( f) The total estimated amounts of
each hazardous material handled by the
business throughout the course of the
year.
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~ (g) The SIC Code number of the
business if applicable.
(h) The Dun and Bradstreet number
of the business, if applicable.
(i) The Chemical Abstract Service
Registry number of each hazardous material
listed in response to section 5509,
subdivisions (a) , (b) and (c).
(j) The physical state (pure, mix,
solid, liquid, or gas) of each hazardous
material handled by the business.
(k) The health hazard level
(immediate or delayed) of each hazardous
material handled by the business.
(l) Certification that the handler
either owns the property on which the
business which handles the hazardous
material is located or that the handler
has notified the owner of the property
that hazardous materials are on site.
SECTION 9. Santa Monica Municipal Code section 5510 is
amended to read as follows:
SECTION 5510. Amendments to
Inventory Form. Any business subject to
section 5505 shall submit an amendment to
the inventory form detailing the new use,
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.
handling, or other appropriate information
-
required, within five (5) days of:
(a) Any increase in the reported
quantity of an extremely hazardous
material.
(b) A 100 percent or more increase
in the quantity of a previously disclosed
material other than an extremely hazardous
material.
(c) Any handling of a previously
undisclosed hazardous material subject to
the inventory requirements of this
Chapter.
(d) A change of business address.
(e) A change of business ownership.
(f) A change of business name.
(g) A change of information
relating to emergency coordinators.
(h) The intention to close or
actual closure of the business.
SECTION 10. Santa Monica Municipal Code section 5510.1 is
added to read as follows:
SECTION 5510.1. Risk Management and
Prevention proqram. The Department may
require the establishment of a Risk
Management and Prevention Program from any
business handling an extremely hazardous
- 31 -
substance in quantities greater than the
amounts specified in section 25531 through
25541 of the California Health and Safety
Code.
SECTION 11. Santa Monica Municipal Code Section 5515 is
amended to read as follows:
SECTION 5515. l:nterference With
Enforcement. Any person who willfully
prevents, interferes with, or attempts to
impede the enforcement of this Chapter by
any authorized representative of the
Department, the Fire Department, or any
other authorized representative of the
City is, upon conviction, guilty of a
misdemeanor.
SECTION 12. Santa Monica Municipal Code Section 5517 is
amended to read as follows:
SECTION 5517. Injunctive Relief.
I When the Department or the Fire Department
determines that a business has engaged in,
is engaged in, or is about to engage in
any acts or practices which constitute or
will constitute a violation of this
Chapter or any regulation or order
promulgated thereunder, the Department or
the Fire Department shall report such
- 32 -
.
. determination to the City Attorney, and
the City Attorney may make application to
the superior court for an order enjoining
the acts or practices or for an order
,
directing compliance. The City Attorney
may seek the same relief upon the city
Attorney's own motion. As established in
Health and safety Code Section 25516, a
permanent or temporary injunction,
restraining order, or other appropriate
order may be granted upon a showing that
the business has engaged in, is engaged
in, or is about to engage in the
challenged acts or practices.
SECTION 5521. Pursuant to Penal
Code Section 836.5, Battalion Chiefs,
company Officers, and Fire Prevention
Officers of the Fire Department and the
Environmental Program Administrator,
Environmental Coordinator, Hazardous
Material Technician of the General
Services Department or their equivalents
may arrest a person whenever any of these
individuals have reasonable cause to
believe that the person to be arrested has
coltlIl\itted a misdemeanor in his or her
presence which is a violation of this
- 33 -
- Chapter or the terms and conditions of any
permit provided for in this Chapter. In
any case in which a person is arrested
pursuant to this Section and the person
arrested does not demand to be taken
before a magistrate, the arresting
individual shall prepare a written notice
to appear and shall release the person
arrested on his or her promise to appear
as provided in Section 3606 of this Code.
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 this Ordinance. The City Council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not .
declared invalid or unconstitutional without regard to whether
any portion of this Ordinance would be subsequently declared
invalid or unconstitutional.
- 34 -
SECTION 4. The Mayor shall sign and the City Clerk shall
.
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
r~~1" ~ ~n ~
ROBERT M. MYERS
city Attorney
- 35 -
of
Adopted and approved this 23rd day of October, 1990.
UcMa~r~~
I hereby certify that the foregoing Ordinance No. 1554 was
duly and regularly introduced at a meeting of the City Council on
the 9th day of October 1990; that the said Ordinance was
thereafter duly adopted at a meeting of the City council on the
23rd day of October 1990 by the following council vote:
Ayes: Councilmembers: Abdo, Finkel, Genser, Katz, Mayor
Zane
Noes: Councilmembers: none
Abstain: Councilmembers: none
Absent: Councilmemhers: Jennings, Reed
ATTEST:
~(?
- City Cle
~-