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
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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
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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.
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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.
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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
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