Ord 1691 - URGENCY ORDINANCE AMENDING CHAPTER 35 OF THE TOWN CODE RELATING TO EMERGENCY RESPONSE PLANS TO A RELEASE OR THREATENED RELEASE OF A HAZARDOUS MATERIALORDINANCE NO: 1691
URGENCY ORDINANCE AMENDING CHAPTER 35 OF THE
TOWN CODE RELATING TO EMERGENCY RESPONSE PLANS
TO A RELEASE OR THREATENED RELEASE OF A HAZARD-
OUS MATERIAL
The Town Council of the Town of Los Gatos hereby ORDAINS:
SECTION 1
Section 35.040.010 of the Town Code is hereby amended as follows:
Sec. 35.040.010 Standard Form HMMP
The standard form Hazardous Materials Management Plan must be submitted
unless the facility qualifies as a minimal storage site under Section
35.040.015 below. The HMMP shall include the following:
(a) Facility Description
(1) General Information.
The HMMP shall contain the name and address of the facility
and business phone number of applicant, the name and titles and
emergency phone numbers of the primary response person and an al-
ternate, the number of employees, number of shifts, hours of opera-
tion, and principal business activity.
(2) General Facility Description.
The HMMP shall contain a map drawn at a legible scale and in
a format and detail determined by Enforcing Officer. It shall show
the location of all buildings and structures, chemical loading
areas, parking lots, internal roads, storm and sewer drains, and
shall specify the uses of adjacent properties.
The Enforcing Officer may also require information as to the
location of wells, flood plains, earthquake faults, surface water
bodies, and /or general land uses (schools, hospitals, institutions,
residential areas) within one (1) mile of the facility boundaries.
(3) Facility Storage Map
(1) The HMMP shall contain a Facility Storage Map at a
legible scale for licensing and enforcement purposes. The informa-
tion in this Section is provided for purposes of ensuring the suit-
able and secure storage of hazardous materials and for the protec-
tion and safety of emergency response personnel of Enforcing
-1-
Officer. Enforcing Officer shall take reasonable precautions to ensure - the
confidentiality of the information provided pursuant to this subsection.
The Facilities Storage Map shall indicate the location
of each hazardous materials storage facility, including all interi-
or, exterior, and underground storage facilities, and access to
such storage facilities. In addition, the map shall indicate the
location of emergency equipment related to each storage facility,
and the general purpose of the other areas within each facility.
For each storage facility, the map shall contain infor-
mation as prescribed below; except that where the hazardous materi-
al being stored is a trade secret, it shall be identified in a cod-
ed manner (together with its key) and not in a manner which would
reveal trade secret information:
A. a floor plan to scale and the permit quantity limit;
B. for each nonwaste hazardous material which is stored in
a quantity greater than the quantities specified in Section
35.050.010(a), the general chemical name, common /trade name,
major constituents for mixtures, United Nations (UN) or North
America (NA) number, if available, and physical state. For
each waste hazardous material stored in any quantity within
the storage facility, the presence of wastes shall also be
indicated;
C. for all hazardous materials, including wastes, stored
in each storage facility, the hazard class or classes and the
quantity range for each such class, aggregated within each
storage facility, in the following ranges:
Quantity Range Number Range Amounts
1 Up to and including 500 pounds for solids, 55
gallons for liquids, and 200 cubic feet at STP
for compressed gases;
2 Between 500 and 5,000 pounds for solids, 55 and
550 gallons for liquids, and 200 and 2,000 cubic
feet at STP for compressed gases;
3 Between 5,000 and 25,000 pounds for solids, 550
and 2,750 gallons for liquids, and 2,000 to
10,000 cubic feet at STP for compressed gases;
4 Between 25,000 and 50,000 pounds for solids,
2,750 and 5,500 gallons for liquids, and 10,000
and 20,000 cubic feet at STP for compressed
gases;
5 More than 50,000 pounds for solids, 5,500 gallons
for liquids, and 20,000 cubic feet at STP for
compressed gases:
-2-
D. for materials not regulated under this Chapter, but
regulated under the Uniform Fire Code, such as radioactives
or cryogens, or for materials stored in storage facilities
exempted by Sections 35.130.020(x) and 35.130.020(b), the
Enforcing Officer may require that the hazard class or
classes and the quantity range of each such hazard class, us-
ing the quantity ranges listed in subsection C above, be pro-
vided;
E. for tanks, the capacity limit of each tank, and the
hazardous material contained in each tank by general chemical
name, common /trade name, major constituents for mixtures,
United Nations (UN) or North America (NA) number, if avail-
able, and physical state.
(1i) Due to the threat to the security of the facility posed by
the disclosure of the information in the Facility Storage Map, this
information shall be maintained by Enforcing Officer for law
enforcement purposes only and shall not be made public. Public
disclosure of this information could endanger the security of the
facility or present a clear danger to public health and safety.
Enforcing Officer shall not disclose this information to the public
without the consent of the permittee or permit applicant unless
ordered to do so by a court of competent jurisdiction. Permittee
or permit applicant shall be deemed a real party in interest in any
such action. Prompt notice of a lawsuit to compel disclosure shall
be given by Enforcing Officer to permittee or permit applicant.
However, Enforcing Officer shall be under no duty to prevent
disclosures where there has been any unauthorized discharge of haz-
ardous materials stored in storage facility(s) shown on such map or
where such disclosure arises out of any official emergency response
relating to the storage facility(s).
(iii) The Facility Storage Map shall be updated annually or
whenever an additional approval is required for the facility or
whenever the Hazardous Materials Inventory Statement is required to
be amended pursuant to Section 35.50.005.
(b) Hazardous Materials Inventory Statement
A Hazardous Materials Inventory Statement shall be filed in accor-
dance with Article V of this Chapter.
(c) Separation of Materials
The HMMP shall contain a description of the methods to be utilized
to ensure separation and protection of stored hazardous materials from factors
which may cause a fire or explosion, or the production of a flammable, toxic,
or poisonous gas, or the deterioration of the primary or secondary containment.
-3-
(d) Monitoring Program
The HMMP shall contain a description of the location, type,
manufacturer specifications (if applicable), and suitability of monitoring
methods to be used in each storage facility storing hazardous materials which
are liquids or solids at STP. It shall also specify the frequency of
inspections of storage facilities which will be conducted by the permittee.
(e) Recordkeeping Forms.
The HMMP shall contain an inspection check sheet or log designed to
be used in conjunction with routine inspections. The check sheet or log shall
provide for the recording of the date and time of inspection and, for
monitoring activity, the date and time of any corrective action taken, the name
of the inspector, and the countersignature of the designated safety manager for
the facility or the responsible official as designated in the HMMP.
(f) Emergency Equipment
The HMMP shall describe emergency equipment availability, testing,
and maintenance.
(g)
Variation in Information
(1) Additional information may be required for the HMMP where
such information is reasonably necessary to meet the intent
of this Chapter.
(2) Whenever permittee has submitted a plan which includes
substantially the same information as is required for any
component(s) of the HMMP to any other public agency
regulating hazardous materials, such plan may be submitted to
Enforcing Officer in lieu of such component(s). The
Enforcing Officer may give deference to any approval of such
plan by the other public agency.
SECTION 2
Article IV of Chapter 35 of the Town Code is hereby amended by adding
Section 35.040.020 as follows:
Sec. 35.040.020 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 hazard -
ous material which has a quantity at any one time dur-
ing the reporting year equal to, or greater than, a to-
tal weight of 500 pounds, or a total volume of 55
gallons, or 200 cubic feet at standard temperature and
pressure for compressed gas, shall establish and imple-
ment 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 Arti-
cle V of this Chapter, shall comprise the "business
plan" for purposes of Chapter 6.95 of Title 20 of - the
Health and Safety Code. Filing of such plans shall be
pursuant to the provisions of Section 25505 of the
Health and Safety Code.
(b) for purposes of this section, in addition to the
materials regulated in Article II, the term "hazardous
material" shall include those things specified in Sec-
tion 25501 (j), (k), and (1), and Section 25501.1 of
the Health and Safety Code.
(c) Unless the facility qualifies as a minimal storage site
under Section 35.040.015, or is otherwise exempt
pursuant to 35.020.010, the following information shall
be provided:
(1) Emergency response plans and procedures in the
event of a reportable release or threatened re-
lease of hazardous material which include, but
not be limited to, the following:
(i) Immediate notification to Town, to the
Enforcing Officer, 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 environ-
ment.
(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, 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 lim-
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 file a pipeline operations
contingency plan in accordance with the California
Pipeline Safety Act of 1931 (Chapter 5.5 (commencing
with Section 51010) of Part 3 of Division 1 of Title 5
-5-
of the Government Code) and the regulations of the
Department of Transportation, found in Part 195 of Ti-
tle 49 of the Code of Federal Regulations, may file a
copy of those plans with the Enforcing Officer instead
of filing an emergency response plan specified in sub -
division A.
(f) Any business operating a farm exempted by paragraph (5)
of subdivision (b) of Section 25503.5 of the Health and
Safety Code from filing the information specified in
subdivisions (b) and (c) shall, notwithstanding this
exemption, provide the training programs specified in
subdivision (c).
(g) The Enforcing Officer 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 Section 35.040.010(a)(3),
specifying the precise location where hazardous
materials are stored and handled onsite. The enforcing
officer is required by Health and Safety Code Section
25506 to transmit copies of the entire emergency re-
sponse plan or any information contained therein to any
requesting state or local agency.
SECTION 3
Section 35.050.005 of the Town Code is hereby amended as follows:
Sec. 35.050.005.
Hazardous Materials Inventory Statement
(a) A Hazardous Materials Inventory Statement (I1MIS) shall be filed an-
nually with Enforcing Officer in accordance with this Article. Any per-
son, 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 35.050.010(a) is required to file an HMIS.
(b) For purposes of this Article, in addition - to the materials
regulated in Article II, the term "hazardous material" shall include
those things specified in Section 25501(j), (k), and (1) and Section
25501.1 of the Health and Safety Code.
(c) Such person, firm or corporation shall amend the HMIS within thirty
(30) days of the storage or handling of any hazardous material not listed
thereon but required to be listed by Section 35.050.010(a), or of an in-
crease of one hundred percent (100 %) or more in the quantity of a
previously disclosed material or a change in business address, ownership,
or business name.
In
SECTION 4
Section 35.050.010 of the Town Code is hereby amended as follows:
Sec. 35.050.010
Information Required
(a) Information shall be included in the HMIS for each hazardous mate-
rial stored or mixture containing a hazardous material 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
anyone time during the reporting year is equal to or greater than five
hundred (500) pounds more 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 either:
(1) For non - wastes:
The general chemical name, common /trade name, major
constituents for mixtures, the manufacturer, United Nations
(UN) or North America (NA) number, if available, and the haz-
ard class or classes and the Material Safety Data Sheet
(MSDS) or equivalent information as required by Enforcing Of-
ficer.
(2) For wastes:
The Department of Health Services manifest for wastes
or equivalent information, including the general chemical and
mineral composition of the waste listed by probable maximum
and minimum concentration, and the hazard class or classes.
(3) A listing of the chemical name and common names of every oth-
er hazardous material or mixture containing a hazardous mate-
rial handled by the business which is not otherwise listed
pursuant to paragraph (1) or (2).
(4) The maximum amount of each hazardous material or mixture con-
taining 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 ap-
propriate personnel to prepare adequate emergency responses
to potential releases of the hazardous materials.
-7-
(6) The Standard
the business
(7) The name and
representing
personnel in
during nonbu
Industrial Classification (SIC) Code number of
if applicable.
24 -hour phone number(s) of the person
the business who is able to assist emergency
the event of an emergency involving the business
siness hours.
(c) The HMIS may report the amount of hazardous material under this
section by ranges, rather than a specific amount, pursuant to Section
35.040.010(a)(3)(i)C, 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 ordi-
nance.
(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 Enforcing Offi-
cer 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 Adminsitrative Code, as amended.
SECTION 5
Section 35.050.015 of the Town Code is hereby amended as follows:
Section 35.050.015 Public Records.
The HMIS is a public record; however, the information contained therein
is subject to trade secret protection pursuant to Health and Safety Code Sec-
tion 25511.
SECTION 6
Section 35.050.020 of the Town Code is hereby repealed.
SECTION 7
It is hereby necessary for the immediate preservation of public peace,
health and safety of the citizens of the Town that this ordinance take effect
immediately because 'the Town control over plans for emergency response to a re-
lease or threatened release of a hazardous material within the community is im-
perative for the protection of the citizens in a prompt and responsive manner.
Failure to enact the ordinance by October 21, 1986, in accordance with Assembly
Bill 2187, could prohibit the Town from assuming local control of vital
measures necessary to respond in an emergency, thus threatening the public
peace, health and safety of the Community.
SECTION 8
The ordinance will take effect immediately upon its adoption, within
fifteen (15) days after this ordinance is adopted, the Town Clerk shall cause
it to be published once in a newspaper of general circulation published and
circulated in the Town of Los Gatos.
This urgency ordinance was introduced and adopted at a regular meeting of
the Town Council of the Town of Los Gatos, California, held on the 6th day
of October , 1986 by the following vote.
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Thomas
J. Ferrito, Brent N. Ventura, and Mayor Terrence J. Daily
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED: L7
— 9A TOR OFD E O d F LOS GA OS
ATTEST:
CLERK DF THE TOWN OF LOS GATO
-9-