sr-112983-11hGS:SS:AW:a
Council Meeting: November 29, 1983
To:
From:
Subject:
Introduction
P9ayor and City Council
City Staff
Control of Hazardous Materials Storage by Cities as
Established by State Assembly Bi11 No. 1362
This report recommends that the City Council direct the City
Attorney to prepare an emergency ordinance controlling hazardous
materials storage, the content of which shall be developed with
the City Manager, to be adopted by the City before January 1,
1983.
Background
In September of this year, the State of California adopted
Assembly Bill 1362 (AB 1362). A copy of the bill and summary are'
included in Attachments A and B respectively. The bill sets forth
regulations governing storage of hazardous materials. It
preempts the right of cities to enact their own ordinances on
this matter unless such ordinances are in effect by January 1,
1984. This report describes some of the deficiencies of this
State legislation, recommends the Council direct the City Manager
and the_ City Attorney to prepare an emergency ordinance for
adoption at the December 13th City Council Meeting, and sets
forth proposed policy parameters for a City ordinance.
The following significant deficiencies have been identified in AB
1362:
1. The law is not as comprehensive as it could be. For example,
"above ground" tanks are not regulated by AB 1362. Spills
from above ground tanks have and will occur in Santa Monica
1
Santa Monica, California
sav z s 1993
NOV 2 9 19g~
GS:SS:AW:a
Council Meeting: November 29, 1983 Santa Monica, California
and their .exclusion from AB 1362 will reduce the City's
control.
2. New gasoline tanks are exempted from a double containment
construction requirement. The concern here is that most of
the tanks in the City contain gasoline and leaks from these
types of tanks have historically occurred.
3. Possibly the most critical issue of AB 1362 is that it
requires State approval prior to the cities adoption of their
own ordinance after January 1, 1984. There is considerable
concern that the State may deny any ordinance proposal more
restrictive than AB 1362.
Other cities and counties such as the County of Santa Cruz and
the City and County of San Francisco are in the process of
adopting hazardous materials storage ordinances before January 1,
1984. Many other cities in the State already have local
ordinances that are more restrictive than AB 1362.
A comprehensive model ordinance regulating hazardous material
storage is available for use by cities developing their own
ordinances. The Toxic Assessment Group developed this model
ordinance by adapting the Santa Clara Ordinance and other local
ordinances. A copy of this sample ordinance is enclosed
(Attachment C).
To avoid preemption by AB 1362, the City must adopt at least a
basic ordinance establishing regulations for the storage of
hazardous materials before January 1, 1984. This minimal program
2
GS:SS:AW:a
Council Meeting: November 29, 1983 Santa Monica, California
may then be amended in the future to become as comprehensive as
necessary. Staff proposes that this basic ordinance address at
least the issues of containment and monitoring standards for new
and existing above and below ground tanks as outlined in the
Model Ordinance and appropriate administrative, inspection and
permit procedures. Because of the very short time period for
analysis, staff recommends that the City Manager work closely
with the City Attorney during the next two weeks to develop an
appropriate "interim" ordinance. More extensive analysis will be
undertaken subsequently, and staff will return with
recommendations for modifications as necessary.
Recommendation
Staff recommends that the City Council direct the City Attorney
to prepare an emergency ordinance on hazardous materials storage
for adoption by the City Council prior to January 1, 1984.
Prepared by: Stan Scholl, Director of General Services
Julie Lee, Toxic Chemical Coordinator
Arden Wallum, Administrative Water Engineer
3