SR-8-B (55)
rC[l- (;/[J 1/
'O-B
OCT 9 1990
Santa Monica, California
CA:RMM:AKS:akss39
City council Meeting 10-9-90
STAFF REPORT
TO: Mayor and city council
FROM: city Attorney
SUBJECT: Recommendation to Introduce for First Reading
An Ordlnance Amendlng Santa Monlca Municipal
Sectlons 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
INTRODUCTION
This report recommends that the City Council introduce for first
reading an ordinance amendlng and adding certain sections to the
Santa Monica Municipal Code relating to hazardous materials
release response plans and inventory.
On March 27, 1990, the
city Council directed staff to prepare an ordinance amending the
code sections.
BACKGROUND
On February 10, 1987, the city of Santa Monica adopted an
ordinance dealing with the Hazardous Materials Release Response
Plans and Inventory.
This ardlnance established procedures for
businesses WhlCh use hazardous materials to submit a business
plan WhlCh provides: 1) a list of hazardous materials used,
stored and disposed of in the course of their operations; 2)
plans
and procedures
for emergency
response
notifirio:B
OCT 9 1990
- 1 -
mitigation and evacuation; and 3) a description of training
methods used for employees who handle hazardous materials. The
information generated from the business plans is used to enhance
the city's area plan which documents the emergency response and
preparedness capabilities in the event of a release or threatened
release of a hazardous substance. The area plan is submitted to
the California office of Emergency Services and updated every
three years.
Slnce the adoption of the city's hazardous material ordinance,
federal and state legislation was enacted which is more stringent
than the city's requirements. In order for the city to retain
the administrative authority for the program, it is necessary to
revise Chapter 5, Article V of the Santa Monica Municipal Code,
Hazardous Materials Release Response Plans and Inventory, to
comply with both state and federal Law. In addition, certain
changes have been made to clarify ambiguities in the Code. The
principle changes are presented below.
Revisions
Section 5501 ("Definitions") provides definitions of words and
phrases used in the ordinance. Subsection (c) 1S amended to
extend the purview of this Chapter to include government
agencies, schools, universities, special districts and any other
entity determined by the Director of General Services to pose a
hazardous materials handling risk. other subsections are amended
and added to comply with federal and state law, and to facilitate
interpretation of other sections of the Chapter.
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section 5502 (a) 1S revised to require that business and area
plans meet the minimum standards established by the Federal
Superfund Amendments and Reauthorization Act of 1986, Title III,
as well as those of the State Office of Emergency Services.
Section 5503(a) is revised to eliminate any potential ambiguity
concerning the requirement to file a plan by businesses which
handle a hazardous material which singularly or in combination
exceeds 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. Businesses whose aggregate
hazardous materials are less than the totals discussed above, but
are greater than consumer quantities (as newly defined in Section
5501) are required to submit an abbreviated business plan.
section 5504(b) is revised to comply with state law which
requires that the business plan also address the business'
proximity to sensitive facilities, defined in section 5501 as
schools, general acute care hospitals and long term health care
facilities.
Section 5510.1 is added to establish authority to require a Risk
Management and Prevention Program from any business handling an
extremely hazardous substance in quantities greater than the
amounts specified in Sections 25531-25541 of the California
Health and Safety Code.
Section 5521 is added to permit certain representatives of the
Fire Department and General services Department to enforce the
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provisions of this Chapter by arresting violators and citing them
into court.
other revisions ensure that the City's ordinance is in compliance
wi th mandated state and federal standards, and strengthen the
ability of the Fire Department to enforce compliance during the
inspection process.
These changes will strengthen the City's
proactive program for safeguarding the community and environment
from hazardous materials releases emergencies.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this staff Report does not have
any budget or fiscal impact.
RECOMMENDATION
It 1S respectfully recommended that the City Council introduce
for first reading an ordinance to amend Chapter 5 of Article V of
the Santa Monica Municipal Code.
PREPARED BY: Robert M. Myers, City Attorney
Amelia K. Sherman, Deputy city Attorney
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CA:RMM:asordncejhpw
City Council Meeting 10-9-90
Santa Monica, California
ORDINANCE NUMBER
(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
buslness 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 5501 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)
plan as
General
Abbreviated
specified by
Serv ices which
businesses
which
Business Plan. A
the Director of
must be filed by
not meet the
do
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, includinq, without
~imitation, governmental entities and
aqencies, schools, universities, and
special districts.
(d) Business Plan.
for each facility, site,
business which meets the
section 5504.
(e) Chemical Abstract service
Reqistry Number. A numeric designation
assigned by the American Chemical
Society's Chemical Abstract Service which
uniquely identifies a specific chem1cal
compound.
A separate plan
or branch of a
requirements 0 f
( f)
Chemical Name.
The sC1entifl.c
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 guantity. The volume
and type of hazardous materials associated
with use in non-commercial activities, and
commonly available to the qeneral 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-diqit number assiqned 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
limi ted to, any firefighter, or emergency
rescue personnel, as defined 1n 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 xaterial.
Any material listed as an extremely
hazardous material in Appendix A to Title
40 of the Code of Federal Requlations,
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, "store II 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.
substance or chemical product for
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.
Any
which
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(2)
a radioactive
The substance is listed as
substance in Appendix B of
Title 10 of the Code of
chapter
Federal
updated
1
of
Regulations I maintained and
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)
subdivision (b)
6382.
The
of
materials listed in
Labor Code Sectlon
(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 I Title 8, Subchapter
7 I 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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(8)
by the EPA
pollutants.
The material is classified
as a priority organic
(9)
an extremely
300 of Title
Regulations.
(10) The material is an acutely
hazardous material as defined in Health
and safety Code section 25532, subdivision
The material is listed as
hazardous material in Part
40 of the Code of Federal
(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, emittlng,
emptying, discharging, injecting,
escaping I leaching, dumping, or dlsposing
into the environment, unless permitted or
authorized by a regulatory agency.
(u) Risk Management and Prevention
Program. All of the administrative and
operational proqrams of a business which
are desiqned to prevent extremely
hazardous material accident risks,
including, but not limited tOr programs
which desiqn safety of new and existinq
equipment, standard operating procedures,
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preventi ve maintenance proqrams, operator
training, accident investiqation
procedures, risk assessment for unit
operations or operatinq alternatives,
emerqency 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, lonq-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
~ondition creatinq a substantial
probability of harm, when the probabillty
and potential extent of harm make it
reasonably necessary to take immediate
action to prevent, reduce, or mitiqate
damaqes 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
reasonably necessary to
action to prevent, reduce,
damages to persons,
environment.
harm
take
make it
immediate
or
mitigate
or the
property,
(z)
Trade Secret.
Trade secret as
defined in subdivision (d)
Code section 6254.7 and
section 1060.
of Government
Evidence Code
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
~stablished 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 1S 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 wi th 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 1S
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
90ntaininq any hazardous material which
singularly or in combination with other
~azardous material, equal or exceed an
agqregate 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
~my hazardous material or mixture
containinq any hazardous material, which
sinqularly or in combination are less than
an agqreqate weight of 500 pounds, or an
aggregate volume of 55 qallons, or 200
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cubic feet at standard temperature and
pressure for compressed qas I but greater
than consumer quantity, shall establish
and implement an abbreviated business
plan, as defined in Section 5501.
(~) Except for the handlers of
hazardous waste, the following are exempt
from the Chapter.
(1)
Hazardous
mater1al
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
submiss10n of a business plan, or any
portion thereof, in response to public
health, safety, or environmental concerns.
(2) In addition to the
authori ty specified in paragraph (4), the
Department may, in exceptional
circumstances, following not1ce 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, may, 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 signiflcant
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.
(g) The Department shall provlde
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 (Q).
SECTION 5. Santa Monica Municipal Code section 5504 lS
amended to read as follows:
SECTION 5504. Requirements
Business Plans. Business plans
include all of the following:
(a) The inventory of information
required by Section 5509 and whatever
for
shall
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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, either 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
(such as fire
spill control
and alarm
equipment at the business
extinguishing systems,
equipment, communications
systems and decontamination
This equipment must include
twenty-five pounds of an
material or the amount of
equipment) .
at least
absorbent
absorbent
material sufficient to control the
~omplete release of the largest container
of hazardous materials, (excludinq
underqround tanks) which ever 1S qrea ter.
This list shall be kept up to date. In
addition, the plan shall include the
location and a physical descript10n 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
posi tion of each employee. The training
program shall include, but need not be
limited to:
(1) Methods for safe handllng
of hazardous materials.
(2)
Procedures
for
coordination with local emergency response
organlzations.
(3) Use of emergency response
equipment and suppl ies under the control
of the handler.
(4) Familiarity with the plans
and procedures specified in subdivision
(b) .
(d) All
imposed by the
Services pursuant
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
additional requirements
Office of Emergency
to Health and Safety
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ATTACHMENT
Please state the specific reason{s) for the appeal.
The appl1cant appeals the dec1sion of the Planning Comm1ss1on
10 grant1ng a Conditional Use Perni t only with respect to the
requ1rement mandated by the COIDm1ssion that there be ma1ntained an
unexcavated four (4) foot area along the entire western property
llne of the proJect.
(
The subject lS a substandard, forty-s1x (46) foot wlde parcel,
'zoned R3. The Staff Report concluded that "The proposed
condominlum complies with all applicable provislons of the Zunlng
Ordlnance and the General Plan and therefore merlts approval", and
recommended approval subJect to certain condltions. Applicant was
found to be ln conpl1ance wlth the General Plan and the three (3)
story, forty (40) foot helght restriction of Sect10n 9013.6 of the
Clty of Santa Monlca Zon1ng Ord1nance.
In that the parcel is less than fifty (50) feet wlde and the
proposed development belng at least three (3) storles, there
eXlsted no re~J1rement of a four (4) foot unexcavated slde yard per
Sectlon 9040.17 of the Santa Monlca Zoning Ordlnance. The sectlon
provldes speclflcally for this exceptlon at page 124,
(
"On any lot in an OP-Distrlct that has a w~dth
of less than 50 feet, and WhiCh 1S developed
with at least 3 unlts, no Slde yard setback
for subterranean or seni-subterranean parklng
structures or basements 1S requlred. However
at least fifty percent of the excavated area
shall be landscaped with approprIate ground
cover and plant rnaterlals In containers."
The purpose of elunnating the requirement lS an ObVl0US
recognltlon on the part of the Plann1ng Departnent that optl~un
development of a substandard lot cannot be accomplished where
st;oterranean parklng is reduced by requlring unexcavated slde
yards.
In requiring a four (4) foot unexcavated slde yard, the
originally planned thirteen (13) parklng spaces must be reduced to
eleven (11) spaces. As a result, the original develop~ent plans
of two (2) three bedroom units, two (2) two bedroom units and loft
and one (1) two bedroom unlt must be modlfied so as to ellmlnate
the three bedroom units, replaclng them With two bedroom unlts.
ASlde from the negative economic impact on the proJect, what was
origlnally planned as a well balanced "family" oriented project,
Will no longer have the physlcal attributes to attract purchasers
.nth chlldren.
It 1S Appellant I s position that to requlre a four (4) foot
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 penal ties 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 f1ve (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.
(e) 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 I, 1987,
and annually thereafter. This inventory
shall be filed annually, notwithstanding
the review requirements of subdivision
(d) .
(f) Any business which files an
inventory form pursuant to requirements of
subdivision (e) shall have satisfied the
requirements of the Toxic Chemical
Disclosure Law, Santa Monica Municipal
Code section 5300 et seq.
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 mater1al,
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 Emerqency Planninq committee of the
California state Office of Emergency
Services.
(3) Provide all state, city,
and county fire.L public health and safety
personnel and emergency rescue personnel
with access to the handler's facilities.
( 4 ) Activate internal fac 11 i ty
alarms or communication systems, where
applicable, to notify all business
personnel.
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(5)
Identify
the
character,
extent of
exact source, amount and areal
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) Durlng 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
operatlons, collecting and containing
released materials and removing or
isolating containers.
(B)
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 agalnst 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 I isted ~n the bus iness 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 (IO) 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.
(C) 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 env~ronment.
(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 Monlca Municipal Code Sectlon 5509 is
amended to read as follows:
SECTION 5509. Annual Inventory
Porm. 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 ln
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 maXlmum amount of each
hazardous material or mixture containing a
hazardous material disclosed in paragraphs
(a) I (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.
(!!) The Dun and Bradstreet number
of the business, if applicable.
(1) The chemical Abstract Service
~egistry 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 qas) of each hazardous
material handled by the business.
(k) The health hazard level
.( immediate or delayed) of each hazardous
material handled by the business.
(1) Certification that the handler
either owns the property on which the
business which handles the hazardous
material 1S 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 subj ect 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
undisclosed hazardous material
the
inventory
requirements
previously
subj ect to
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 Program. The Department may
require the establishment of a Risk
Management and Prevention proqram from any
business handling an extremely hazardous
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substance in quantities qreater than the
amounts specified in section 25531 throuqh
25541 of the California Health and Safety
Code.
SECTION 11. Santa Monica Municipal Code section 5515 is
amended to read as follows:
SECTION 5515. Interference 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.
When the Department or the Fire Department
determ1nes 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 enj oining
the acts or practices or for an order
directing compliance. The City Attorney
may seek the same reI ief 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 proqram 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
committed 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 arrestinq
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 thlS 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
lnvalid or unconstitutional.
- 34 -
SECTION 4. The Mayor shall sign and the C1ty 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:
f'~J1 ~
~-
~ - ~ -
o
ROBERT M. MYERS
City Attorney
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