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SR-09-22-1981-8BCA:RMM:r City Council Meeting 9-22-81 STAFF REPORT TO: Mayor and City Council SEP 2 2 1989 Santa Monica, California FROM.: Robert M. Myers, City Attorney SUBJECT: Toxic Chemical Disclosure Ordinance INTRODUCTION At its meeting on June 30, 1981, the City Council directed the City Attorney to draft a Toxic Chemical Dis- closure Ordinance. In response to this direction, the accompanying ordinance has been prepared. In preparing the ordinance, the City Attorney has had extensive discussions with both the Toxic Chemical Task Force and the Industrial Committee of the Chamber of Commerce. Both organizations have had an opportunity to comment on earlier drafts of the ordinance. Most of their comments and concerns have been incorporated into the ordinance now pre- sented for City Council consideration. ANALYSIS The proposed ordinance requires that certain specified `entities complete and file with the City a Toxic Chemical Disclosure Form identifying toxic chemicals, radioactive materials and hazardous and extremely hazardous wastes that are handled, stored, used, processed or disposed of in the ~® SEP 2 2 1989 City. The proposed ordinance adds Chapter 3 to Article V of the Santa Monica Municipal Code. The following discussion examines each section of the Toxic Chemical Disclosure Law: Section 5300. Section 5300 contains the findings of the City Council relative to the necessity for a Toxic Chemical Disclosure Law. Section 5301. Section 5301 contains a definition of toxic chemicals, radioactive materials, and hazardous and extremely hazardous wastes. The section requires that the Director of General Services maintain and update the list of chemicals, materials, and wastes. The list is required to be distributed along with the Toxic Chemical Disclosure Form. Section 5302. Section 5302 contains the disclosure requirements. Subdivision (a). Subdivision (a) identifies the businesses that are required to file disclosure forms. The businesses subject to disclosure are: 1. Businesses located in the M-1 Limited Industrial District and in the M-2 General Industrial District. 2. Businesses engaged in vehicle painting, rebuilding, reconditioning, body and fender work, repairing and overhauling, battery manufacturing, and the like. 3. Businesses engaged in laundry, dry cleaning, dyeing works, or carpet and -2- rug cleaning. 4. Businesses engaged in photo processing. 5. Businesses engaged in metal or plastic cutting or forming. 6. Businesses engaged in printing. 7. Businesses engaged in pest or weed control or abatement 8. Businesses engaged in a medical, dental, or chemical laboratory The purpose of this subdivision is to limit the number of businesses that must file disclosure forms. Recognizing that most businesses in the City do not handle, store, use, process or dispose of toxic chemicals, the subdivision attempts to direct the disclosure to those businesses that are most likely to have substances to disclose. Subdivision (b). Subdivision (b) indicates that the City Council shall adopt a Toxic Chemical Disclosure Form by resolution following public hearing. In addition to requiring basic disclosure, the form requires disclosure of any substances disposed of through the municipal sewer system or the flood control channels maintained by the Los Angeles County Flood Control District. Subdivision (c). Subdivision (c) requires dis- closure within 90 days of the date of adoption of the ordi- nance. Within 45 days of the date of adoption of the ordi- nance, the Director of General Services is required to mail disclosure forms to businesses required to disclose. -3- Subdivision (d). Subdivision (d) requires that disclosure forms be completed and filed each year at the time of business license renewal. Subdivision (e). Subdivision (e) provides that no business license can be issued for a business subject to disclosure until a disclosure form is completed and filed. Subdivision (f) Subdivision (f) is designed to permit disclosure of product names for products that may con- tain a number of substances subject to disclosure. The pur- pose of this subdivision is to simplify the disclosure requirement so that businesses are not required to ascertain each component of a product. However, although disclosure is simplified, the business must be willing to permit the Direc- for of General Services to take a sample of the substance for purposes of analysis. Subdivision (g). Subdivision (g) requires amend- ment of the disclosure form within 30 days of the date that a business handles, stores, uses, processes, or disposes of any substances not previously disclosed. Section 5303. Section 5303 exempts from disclosure various consumer products that are generally available to the public. Section 5304. Section 5304 requires that the City and hospitals complete and file a disclosure form on or before the 31st day of December of each year. Section 5305. Section 5305 indicates that disclosure forms are public records. -4- Section 5306. Section 5306 provides that the fee for filing a Toxic Chemicals Disclosure Form is $ 5.00. Both the City Attorney and the Director of General Services have concluded that an initial fee of $ 5.00 is sufficient to cover the processing of the information on the disclosure forms. After this information is processed, a better estimate of any additional costs necessary to enforce the ordinance will be obtained. In connection with the 1982-83 Budget, the ordinance can be amended (following pub- lic hearing) to impose additional fees on those businesses generating any enforcement problems. Section 5307. Section 5307 provides that the Director of General Services is required to implement and administer the ordinance. ALTERNATIVES 1. Adopt the accompanying ordinance as presented. 2. Adopt the accompanying ordinance with amendments. 3. Take no action. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney -5-