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HomeMy WebLinkAbout71.7E ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLES 8-20 AND 8-25 IN CHAPTER 8 OF THE CITY CODE CONCERNING HAZARDOUS MATERIALS MANAGEMENT PLANS AND HAZARDOUS MATERIALS INVENTORY STATEMENTS The City Council of the City of Saratoga ordains as follows: SECTION h The City Council finds and determines that: (a) A new State law has been enacted identified as AB 2187, commonly known as the "Waters Bill" which modifies the regulations pertaining to storage of hazardous materials. (b) The City has adopted a model form hazardous materials ordinance, as set forth in Chapter 8 of the City Code. (c) An amendment to the model ordinance adopted by the City is required to bring such ordinance into compliance with the new State law and to preserve the administration and enforcement of the City's ordinance by the County, pursuant to the delegation of authority set forth in Section 8-05.020 of the City Code. (d) The amendment to the City's ordinance must be. adopted by October 21, 1986. Consequently, an emergency ordinance is required to meet this deadline date. SECTION 2: Paragraph (g) of Section 8-20.020 in Article 8-20 is hereby amended by deleting subparagraph (2) thereof and renumbering subparagraph (3) to subparagraph (2). SECTION 3: A new Section 8-20.040 is hereby added to Article 8-20, to read as follows: "S8-20.040 Supplemental requirements for emergency response plans (a) In addition to the HMMP requirements set forth in this Article, any person, firm or corporation which handles a hazardous material or a mixture containing a hazardous material which has a quantity at any one time during the reporting year equal to, or greater than, a total weight of five hundred pounds, or a total volume of fifty-five gallons, or two hundred cubic feet at standard temperature and pressure for compressed gas, shah establish and implement a plan for emergency response to a release or threatened release of a hazardous material pursuant to this Section. Said plan, including the Hazardous Materials Inventory Statement (HMIS) described in Article 8-25 of this Chapter, shah comprise the "business plan" for purposes of Chapter 6.95 of Title 20 of the State Health and -1- Safety Code~ Filing of such plans shall be pursuant to the provisions of Section 25505 of the State Health and Safety Code. (b) For purposes of this Section, in addition to the materials regulated in Article 8-10, the term "hazardous material" shall include those things specified in Section 25501 (j), (k), and (1), and Section 25501.1 of the State Health and Safety Code. (c) Unless the facility qualifies as a minimal storage site under Section 8-20.030, or is otherwise exempt pursuant to Section 8-10.020, the following information shall be provided: (1) Emergency response plans and procedures in the event of a reportable release or threatened release of a hazardous material which shall include, but not be limited to, the following: (i) Immediate notification to the City, the County, the fire district having jurisdiction, and to the State Office of Emergency Services. (2) Procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property, or the environment. (3) Evacuation plans and procedures for the business site, including immediate audible notice and warning to all persons on the site. (d) Training shall be provided for all new employees, and annual training, including refresher courses, shall be provided for all employees in safety procedures to be utilized in the event of a release or threatened release of a hazardous material. Such training shall include, but not be limited to, familiarity with the plans and procedures specified above. These training programs may take into consideration the technical and managerial responsibilities of each employee. (e) Any business required to file a pipeline operations contingency plan in accordance with the California Pipeline Safety Act of 1981 (Chapter 5.5 of Part 3 of Division 1 of Title 5 of the Government Code, commencing with Section 51010) and the regulations of the 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 County instead of filing the emergency response plan specified in Paragraph (a) of this Section. (f) Any business operating a farm exempted by Paragraph (5) of Subdivision (b) of Section 25503.5 of the State Health and Safety Code from filing the information specified in Paragraphs (c) and (d) of this Section shall, notwithstanding this exemption, provide the training programs specified in Paragraph (d) of this Section. (g) The County shall maintain records of all emergency response plans and procedures received and shall index them by street address and company name. Such plans and revisions thereto shall be available for public inspection during regular working hours, except for those portions of such plan, including any maps of the facility, as described in Subsection 9-20.020(a)(3), specifying the precise -2- location where hazardous materials are stored and handled onsite~ The County is required by Health and Safety Code Section 25506 to transmit copies of the entire emergency response ,plan or any information contained therein to any requesting State or local agency." SECTION 4: Section 8-25.010 in Article 8-25 is hereby amended to read as follows: "~8-25~0 10 Hazardous Materials Inventory Statement (a) A Hazardous Materials Inventory Statement (HMIS) shall be filed annually with the County in accordance with this Article. Any person, firm, or corporation which stores or handles any hazardous material in an amount which is equal to or greater than the quantities specified in Section 8-25.020(a) is required to file an HMIS. (b) For purposes of this Article, in addition to the materials regulated in Article 8-10, the ter_m "hazardous material" shah include those things specified in SectiOn 25501(j), (k), and (1) and Section 25501.1 of the State Health and Safety Code. (e) Any person, firm or corporation which is required to file an HMIS shall amend the HMIS within thirty days of the storage or handling of. any hazardous material not listed thereon but required to be listed by Section 8~25.020(a), or of an increase of one hundred percent or more in the. quantity of a previously disclosed material, or of an increase in the quantity range, or of a change in business address, ownershiD, or business name? SECTION 5: Section 8-25~020 in Article 8-25 is hereby amended to read as follows: "~8-25~020 Information required (a) Information shall be included in the I-IMIS for each hazardous material or mixture containing a hazardous material stored or handled in a facility (aggregated over all such material stored in one or more storage facilities) where the aggregate quantity throughout the facility at any one time during the reporting year is equal to or greater than five hundred pounds in weight for solids, fifty-five gallons for liquids, or two hundred cubic feet at standard temperature and pressure (STP) for compressed gases. (b) The information in the HMIS shah include: (1) For non-wastes: The general chemical name, common/trade name, major constituents for mixtures, the manufacturer, United Nations (UN) or North America (HA) number, if available, and the hazard class or classes and the Material Safety Data Sheet (MSDS) or equivalent information as required by the County. (2) For wastes: The Department of Health Services manifest for wastes or equivalent information, including the general chemical -3- and mineral composition of the waste listed by probable maxmimum and minimum concentration, and the hazard class classes. (3) 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 (i) or (4) The maximum amount of each hazardous material or mixture containing a hazardous material disclosed in Paragraph (1), (2) or (3) which is handled at any one time by the business over the course of the year. (5) Sufficient information on how and where the hazardous materials disclosed in Paragraph (1), (2) or (3) 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. (6) The Standard Industrial Classification (SIC) Code number of the business if applicable. (7) The name and 24-hour phone number(s) of the person representing the business who is able to assist emergency personnel in the event of an emergency involving the business during nonbusiness hours. (c) The HMIS may report the amount of hazardous material under this Section by ranges, rather than a specific amount, pursuant to Sectien 8-20.020(a)(3)(iii), as long as those ranges provide the information necessary to meet the needs of emergency rescue personnel, to determine the potential hazard from a release of the materials, and meets the purposes of this Chapter. (d) The HMIS shall also include a carcinogen identification form which shall indicate the storage of any quantity of any carcinogen listed in Sections 5208-5215 and Section 5219 of Title 8 of the California Administrative Code, as amended. This provision will be satisfied by the submittal to the County of a copy of the Carcinogen Registration form submitted to the California Department of Industrial Relations in accordance with the above cited sections of Title 8 of the California Administrative Code, as amended." SECTION 6: Section 8-25.030 in Article 8-25 is hereby amended to read as follows: 'S8-25.030 Public records The HMIS is a public record; however, the information contained therein is subject to trade secrets protection pursuant to State Health and Safety Code Section 25511." SECTION 7: Section 8-25.040 in Article 8-25 is hereby repealed. SECTION 8: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. SECTION 9: This Ordinance is an emergency measure expressly declared to be for the protection of the public health, safety and general welfare, and shall take effect im reedlately. *** Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 15th day of October , 1986, by the following vote: AYES: Councilmembers Anderson, Clevenger, Peterson and Mayor Hlava NOES: NOne ABSENT: Councilmember Moyles ABSTAIN: ~OR~,) ATTEST: CITY CLERK The above and fereqoing is true and correct copy o~ Ordii%~.nce E-"2-J-~;s-~-~ which has been PSpui~/~it'~ C'~e~k -5-