HomeMy WebLinkAboutORD 3716_1. . -> •
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ORDINANCE NO. 3716
EMERGENCY OROINANCE OF THE COUNCIL
OF TH£ Clrt OF PALO ALTO AMENDING PORTIONS OF TITLE 17
OF THE PALO ALTO MUNICIPAL CODE TO CONFORM TO PROVISIONS
OF XHE HBALtH AND SAFE'ft COD~ OF THE S'l'ATE OF CALIFORNIA AND
CONTAINING A STATEMENT OF THE REASONS FOR ITS URGENCY
WHEREAS, the City of Falo Alto has adopted co•prehensive regu
lations dealing with the inventory sanageMent and storage of
hazardous ~terialsJ and
WHEREAS, the City of Palo Alto has sought to maintain uniformity
bet~een its requirements and those of neighboring jurisdictions in
the County of. Santa Clara; and
wHEREAS, the State Legislature has added Chapter 6.95 to
Division 20 of the Health and Safety Code providing for hazardous
materials release response plans and inventory~ and
WHEREAS, the requirements of said Chapter include provisions for
cities to designate themselves as the local administec1ng agency for
the implementation of said Chapter; and
WHEREAS, said Chapter provides an exe~ption f~oo regulations
adopted by the State Depart•ent of Health Services for cities and
counties which have had an effect on September 1, 1985, a local
ordinance containing business inventory reporting requirements
substantially similar to said Chapter and which have adopted, not
later. than October 21, 1936, a•end.ants providing for business plans
which are the same as or •ore restrictive than said Chapter: and
WH&R£AS, the City is assuaing responsibility within its juris
diction for i•pleaenting said Chapter by separate resolution; and
WHBREAS, the City Council does hereby find that implementation
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of said Chapter and e~e•ption fro• said regulations will preserve the >
public peace, health and safety within the City;
NOW, THERBFORE, the Coucil of the City of Palo Alto does nereby
ORDAIN as follows:
SECTION lo Subsection (k) of Section 17.16.020 of the Palo
Alto Munic1pal Code is hereby aa.ended to read as follows:
(k) V4riation And Infor.ation.
(1) Addition~! inforaation aay be required for toe RMMP
where such infor•ation is reasonably necessary to meec the
intent of this title.
(2) Whenever peraitee has subsitted a plan •hich includ~s
substantially the aau information as is required for any
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co•ponents of the HMMP to any other public agency regulating
hazardous caaterials, such plan uy be sublllitted to th4it fire
chief in lieu of such coaponents. The fire chief •ay give
deference to any approval of such plan by the other public
agency.
SECTION 2. Palo Alto Municipal Code is hereby aaended to add
Section 17.16.025 as follows:
(a} In addition to the H~MP r~quirements set forth in this
Chapter, any pee son, f i r1w or corporation lihich 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 (500)
pounds, or a total volume of fifty-five (55) gallons, or two
hundred (200) cubic feet at standard temperatur~ and pressure
(STP) for compressed gas, shall establish and implement a plan
for emergency response to a release o~ threatened release of a
hazardous material pursuant to this section. Said plan,
including the Hazardous Materials Inventory Statement (the
•aMrs•) described in Chapter 17.20 of tnis Title, shall comprise
the ~business plan• foe purposes of Chapter 6.95 of Title 20 of
the C,\lifot"nia Health and Safety Code. The filing of such plcu
shall ~e pursuant to the provisions of Section 25505 of the
Heal tL and Safety C~.o'de.
(b l For, ~uposes of this Section, in addition to the
materi~'.s reg\i.lated in Chapter 17 ... 08, the term •hazardous
materi~l" =»~a~.l include the aaterials, substances, cheaical
produc::;..:,, A';~d wastes, described in subsections (j), (k), and (1)
of section i~501 and the •aterials and substances identified in
Section 25501 .. 1 of the California Health and Safety Code.
(c) Unless the facility qualifies as a •ini~al storage
site under Section 17.16.030 of this Title, or is otherwise
exempt pursuant to Section 17 .. 08.020, the •••rgency response
plans shall provide the following additional infor•ation:
( 1) E•ergency t'esponse plans and procedures in the event.
of a reportable release or threatened release (as that phrase is
defined in .Section 2550l(p) of the California Uealth and Safety
Code) of a hazardous material, which shall include, but not. be
limited .to, the following:
(i) I.aeniate notification to City and the State
·office of Emergency Services.
(ii) Procedures for the mitigation of a rftlease or
threatened release to m.\ni•ize any potential hare or damage to
persons, property, or ~ne environment.
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(iii) Evacuatio.n plans and procedut"es for tne business
site, including immediate audible notice and ~arning to all
persons on the site.
(d) Training-shall be provided for all nev e•plo~ees, an~
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 li•ited 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 tile a pipeline operations
contingency plan in accordance with the California Pipeline
Safety Act of 1981 (Chapter 5.5 (commencing with section 5.1010)
of Part 3, of Division 1 of Title 5 of the Government Code) and
the regulations of the Department of Transport3tion, found in
Part 195 of Title 49 of the Code of Federal Regul3tions, may
file a copy of those plans ~ith the City instead of tiling the
emergency response plans specified in Subdivision (a} of this
Section.
(f) Any business operating a farm exempted oy paragraph
(5) of Subdivision (b) of Section 25503.5 of th~ ~alifornia
Health and Safety Code from filing the information specified in
Subdivisions (c) and (d) of Section 17.16.025 shall, not~i~h
standing this exemption, provide the training program specified
in Subdivision (d).
(g) The City shall ~~int~i~ records of all e•ergency
response plans and procedure.: received and shall index the• by
street address and company name. Said plans and revisions
thereto shall be available for public inspection during regular
working hours except for those po-ctions of such plan. including
any maps of the facility, as described in Section l7.16.020(c),
specifying the precise location where hazardous .ate.rials are
stored and handled on site. Pursuant to California Health and
Safety Code Section 25506, the City is required to trans.it
copies of the entire emerge.ncy response plan, or any infor•ation
contained therein, to any requesting state or local agency.
SECTION 2: Sections 17.20.010, 17.20.020, and 17.20.030 are
nereby a•ended to read as follows:
17. 28. OlO flazardoua Jtaterial• InY•ntor1' SqteHat. \a)
A Hazardous Materials J:nventory Statement (HMJ.S} shall be filed
anriually with the fire chief in accordance with this Chapter~
Any person, firm or corporation ~hich stores or handles any
hazardous material in an amount which is equal to or greater
than the quantities specified in Section 17.20.020 is required
to file an HMIS.
(b) For purposes of this Chapter, in addition to the
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materials regulated in Ch~pter 17.08, the teem •hazardous
materiaL" shall include those materials, substances, che•ical
products and wastes identified in Subsections (j), (k), and (1),
of Section"25501, and those mat~rials and suostances identified
in Section 25501.1 of the California Health and safety Code.
(c} Such person, firm, or corporation shall a111end the tUUS ··~.
within thirty (30) days of the storage or handling of any
hazardous material not listed thereon but required to be listed
by section l7.20.020(a} .or of any increase of one hundred
percent (100~) or more in the quantity of a previously disclosed
material or an increase which brings the aggregate amount of a
material above the quantity range listed in accordance with
Section 17.20.020{c) or required to be identified in acco~dance
with Section 17.20.020(d), o~ of a change in the business
address, ownership, or business name.
17.20.020 Infor•ation Required. (a) Information shall
be included in the HMIS for each hazardous material o~ ~ixture
containing a hazardous material stored or handled in a fdcility
(aggregated over all such materials 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 (500) pounds in weight for solids,
fifty-five (55) gallons for liquids, or two hundred (200) cubic
feet at standard temperature and pressure (STP) for compressed
.gases.
(b) The information in the HMIS shall include:
{l} For non-wastes; tne general cheMical name,
common/trade name, major constituents for mixtures, the
manutacturer, United Nations (UN) or North Aaerica (NA) nuaberf
if available, and the hazard class or classes and the KateC'ial
Safety Data Sheet (MSDS} or equivalent infor~ation as ~equired
by City.
(2) For was~es: the Dep~rtment of .Health Services
manifest for wastes or equivalent information, including the
general chemical and mineral composition of the waste listed by
probable maximum and mini~um concentration, and the hazard class
or classes.
(3) A listing of the chemical name and co•con names of
every other hazardous mat~rial or mixture containing a hazardous
material handled by the business which is not otherwise listed
pursuant to paragraphs (1) or (2).
(4) The maxi~um amount of each hazardous material or
mixture cont~ining a hazardous material disclosed in sub
paragraphs (1), {2), or (3) .of this Section, 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
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materials disclosed in subparagraphs (1), (2), or (l) are
handled by the -bus.iness to allow fire, safety, health and otiler
appropriate personnel to prepare adequate emergency t.•esponsos to
potential releases of the hazardous materials.
(6) 'L'he Standard Industrial Classification (SIC) code
number of the business, if applicable.
(7) The name and twenty-four (24) hour phone nu~bers of
the person representing the business who is able to assist
emergency personnel in the event of an emergency involving the
business during non-business hours.
(c) The HMIS may ceport the amount of hazardous material
under this Section by ranges, rather than a specific amount,
pursuant to Section 17.16.020(c)(3), 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 Title.
(d) The HMIS shall also include a caccinogen
identification form which shall indicate the storage of any
quantity of any carcinoge~ 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 City 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.
17.20.030 Public Records. The HMIS is a pu~lic record:
however, the information contain~d therein is subject to trade
secret pcotection pursuant to Health and Safety Code Section
25511.
SECTION 3. Section 17.20.040 of the Palo Alto Municipal Code
is hereby deleted.
SECTION 4. Section 17.48.015 of the Palo Alto Municipal Code
is hereby added to read ~s follows:
17.48.015 Violations of State Law. Violations of
Chapter 6.95 of Division 20 of the California Health and Safety
Code by any handler shall be punishable a,s provided therein.
SECTION s. The City of Palo Alto intends the adoption of
this ordinance to implement Chapter 6.95 (commencing with Section
25500) of Division 20 of the California flei.i.lth and Safety Code and
the City of Palo Alto shall have.exclusive jurisdiction within the
boundaries of the City of Palo Alto for purposes of carrying out said
Chapter.
~ECTION 6. The Council heceby finds that this ordinance will
have no signlficant adv~rse environmental impact.
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SECTION 7. The Council hereby deems this o~dinance to be
necessary as an emergency measure for preserving the public peace,
health and safety. This ordinance shall be effective upon adoption
as provided in the Palo Alto Municipal Cod~. The reasons for its ·~·
urgincy are to maintain orderly enforcement of h~zardou~ materials
regulations, to prevent undue duplicatiqn of procedures and of
effort, to prevent waste of public resources, and to preserve City
control of hazardous mate~ials s~orage, handling, emergency response,
and inventories in the face of a deadline imposed by the state legislature.
INTRODUCED Al'JD PASSED: October 20, 1986
AYES: Bechtel, Cobb, Klein, Levy, Patitucci, Renzel, Sutorius
NOES: None
ABST~l'lTIONS: None
ABSENT: Fletcher, Woolley