The City Council of the City of Santa Monica finds and declares
as follows:
In order to protect the public health and safety and the environment,
it is necessary to establish business and area plans relating to the
handling and release or threatened release of hazardous materials.
The information provided by business and area plans is necessary in
order to prevent or mitigate the damage to the health and safety of
persons and the environment from the release or threatened release
of hazardous materials into the workplace and environment.
To this end, it is the intention of the City of Santa Monica
in passing the ordinance codified in this Chapter to fully implement,
and where appropriate enhance all standards established by applicable
State and Federal laws and regulations so as to establish within the
City effective plans for the reporting and handling of hazardous materials.
(Prior code § 5500; amended
by Ord. No. 1554CCS, adopted 10/23/90)
For purposes of this Chapter, the following words or phrases
shall have the following meanings:
A plan as specified by the Director of General Services which must be filed by businesses which do not meet the thresholds of Section 5.24.040(a).
The plan established pursuant to Section 5.24.030 by the Department for emergency response to a release or threatened release of a hazardous material within the City.
An employer, self-employed individual, trust, firm, organization,
joint stock company, corporation, partnership, association or any
other entity whether organized for profit or nonprofit, including,
without limitation, governmental entities and agencies, schools, universities
and special districts.
A separate plan for each facility, site or branch of a business which meets the requirements of Section 5.24.050.
A numeric designation assigned by the American Chemical Society’s
Chemical Abstract Service which uniquely identifies a specific chemical
compound.
The scientific designation of a material in accordance with
the nomenclature system developed by the International Union of Pure
and Applied Chemistry or the system developed by the Chemical Abstracts
Service.
Any designation or identification, such as a code name, code
number, trade name or brand name, used to identify a material other
than by its chemical name.
The volume and type of hazardous materials associated with
use in non-commercial activities, and commonly available to the general
public in consumer packages in retail outlets.
The Department of General Services. The Department is the
administrating agency within the meaning of Health and Safety Code
Section 25502(c), designated by the City of Santa Monica to coordinate
and administer this Chapter.
The unique nine-digit number assigned by Dun and Bradstreet
Corporation to identify an individual business.
The individual(s) designated by a business to handle all reports of releases and implementation of the business plan pursuant to Section 5.24.080.
Any public employee, including, but not limited to, any firefighter,
or emergency rescue personnel, as defined in Penal Code Section 245.1,
who responds to any condition caused, in whole or in part, by a hazardous
material that jeopardizes, or could jeopardize, public health or safety
or the environment.
Any material listed as an extremely hazardous material in
Appendix A to Title 40 of the Code of Federal Regulations, Part 355
or an acutely hazardous material, as defined in Health and Safety
Code Section 25532.
The Fire Department of the City of Santa Monica. The Fire
Department has certain inspection and enforcement responsibilities
under this Chapter.
To use, generate, process, produce, package, treat, store,
emit, discharge or dispose of a hazardous material in any fashion.
However, for purposes of the inventory requirements of this Chapter, “store”
does not include the storage of hazardous materials which are in transit
or which are temporarily maintained in a fixed facility for a period
of less than thirty days during the course of transportation.
Any business which handles a hazardous material.
Any material that, because of its quantity, concentration,
or physical or chemical characteristics, poses a significant present
or potential hazard to human health and safety or to the environment
if released into the workplace or the environment. This includes,
but is not limited to, hazardous substances, hazardous waste, and
any material which a handler or the Department has a reasonable basis
for believing that it would be injurious to the health and safety
of persons or harmful to the environment if released into the workplace
or the environment.
Any substance or chemical product for which one of the following
applies:
The manufacturer or producer is required to prepare a Material Safety Data Sheet (MSDS) for the material or product pursuant to the Hazardous Substances Information and Training Act (Chapter 2.5 (commencing with Section 6306) of Part 1 of Division 5 of the Labor Code) or pursuant to any applicable federal law or regulation.
The substance is listed as a radioactive substance in Appendix B of Chapter 1 of Title 10 of the Code of Federal Regulations, maintained and updated by the Nuclear Regulatory Commission.
The hazardous materials or substances listed in Parts 172 and
173 of Title 49 of the Code of Federal Regulations.
The materials listed in subdivision (b) of the Labor Code Section
6382.
The material is listed in Section 25316 of the California Health
and Safety Code.
The material is listed as a legal carcinogen from the California Code of Regulations, Title 8, Subchapter 7, Group 16 or the list developed by the United States Department of Health and Human Services on its Second Annual Report on Carcinogens.
The material is classified as a pesticide by the Director of
the Department of Food and Agriculture.
The material is classified by the EPA as a priority organic
pollutants.
The material is listed as an extremely hazardous material in
Part 300 of Title 40 of the Code of Federal Regulations.
The material is an acutely hazardous material as defined in
Health and Safety Code Section 25532, subdivision (a).
Hazardous Waste as defined in Sections 25115, 25117, and
25316 of the Health and Safety Code.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
into the environment, unless permitted or authorized by a regulatory
agency.
All of the administrative and operational programs of a business
which are designed to prevent extremely hazardous material accident
risks, including, but not limited to, programs which design safety
of new and existing equipment, standard operating procedures, preventive
maintenance programs, operator training, accident investigation procedures,
risk assessment for unit operations or operating alternatives, emergency
response planning, and internal or external audit procedures to ensure
that these programs are being executed as planned.
Schools, general acute care hospitals, long-term health care
facilities, and any other facility determined to be sensitive by the
Director of General Services.
The identification number assigned by the Standard Industrial
Classification Code to specific types of businesses.
A condition creating a substantial probability of harm, when
the probability and potential extent of harm make it reasonably necessary
to take immediate action to prevent, reduce, or mitigate damages to
persons, property, or the environment.
A condition creating a substantial probability of harm when
the probability and potential extent of harm make it reasonably necessary
to take immediate action to prevent, reduce, or mitigate damages to
persons, property, or the environment.
Trade secret as defined in subdivision (d) of Government
Code Section 6254.7 and Evidence Code Section 1060.
(Prior code § 5501; amended
by Ord. No. 1554CCS, adopted 10/23/90)
(a)
All
business plans and the area plan shall meet the minimum standards
adopted by the State Office of Emergency Services and the minimum
standards established by the Federal Super Fund Amendments and Reauthorization
Act of 1986, Title 3, and any subsequent amendments thereto.
(b)
The
Department shall establish the area plan for emergency response to
release or threatened release of a hazardous material within its jurisdiction.
The area plan is not a statute, ordinance, or regulation for purposes
of Evidence Code Section 669.
(c)
The
Department shall submit to the State Office of Emergency Services
for review a copy of the proposed area plan within 180 days after
adoption of regulations by the State Office of Emergency Services
establishing area plan standards. The Department shall within forty-five
days after the State Office of Emergency Services has notified the
Department as to whether the area plan is adequate and meets the area
plan standards submit a corrected area plan if required. The Department
shall certify to the State Office of Emergency Services every three
years that it has conducted a complete review of its area plan and
has made any necessary revisions. Any time the Department makes any
substantial changes to the area plan, it shall forward the changes
to the State Office of Emergency Services within fourteen days after
the changes have been made.
(d)
The
Department shall submit to the State Office of Emergency Services,
along with its Area Plan, both the following:
(1)
The basic provisions of a plan to conduct on-site inspections of
businesses subject to this Chapter by either the Department, the Fire
Department or other designated entity. These inspections shall ensure
compliance with this Chapter and shall identify existing safety hazards
that could cause or contribute to a release or suggest preventative
measures designed to minimize the risk of the release of hazardous
material into the workplace or environment. The requirements of this
paragraph do not alter or affect the immunity provided a public entity
pursuant to Government Code Section 818.6.
(2)
A plan to institute a data management system which will assist in the efficient access to and utilization of information collected under this Chapter. This data management shall be in operation within two years after the business plans are required to be submitted to the Department pursuant to Section 5.24.060.
(Prior code § 5502; amended
by Ord. No. 1554CCS, adopted 10/23/90)
(a)
Any
business, except as provided in subdivision (c), which handles any
hazardous material or mixture containing any hazardous material which
singularly or in combination with other hazardous material, equal
or exceed an aggregate weight of 500 pounds, or an aggregate volume
of 55 gallons, or 200 cubic feet at standard temperature and pressure
for compressed gas, shall establish and implement a business plan
for emergency response to a release or threatened release of a hazardous
material in accordance with the standards in the regulations adopted
by the State Office of Emergency Services. Any business which handles
hazardous waste shall meet the requirements of this Section regardless
of the quantity of such waste handled.
(b)
Any business, except as provided in subdivision (c), which handles any hazardous material or mixture containing any hazardous material, which singularly or in combination are less than an aggregate weight of 500 pounds, or an aggregate volume of 55 gallons, or 200 cubic feet at standard temperature and pressure for compressed gas, but greater than consumer quantity, shall establish and implement an abbreviated business plan, as defined in Section 5.24.020.
(c)
Except
for the handlers of hazardous waste, the following are exempt from
the Chapter.
(1)
Hazardous material contained solely in a consumer product for direct
distribution to, and use by, the general public is exempt from the
business plan requirements of this Chapter unless the Department has
found, and has provided notice to the business handling the product,
that the handling of certain quantities of the product requires the
submission of a business plan, or any portion thereof, in response
to public health, safety, or environmental concerns.
(2)
In addition to the authority specified in paragraph (4), the Department may, in exceptional circumstances, following notice and public hearing, exempt from the inventory provisions of this Chapter any hazardous material specified in subdivision (j) of Section 5.24.020, if the Department finds that the hazardous material would not pose a present or potential danger to the environment or to human health and safety if the hazardous material was released into the environment. The Department shall specify in writing the basis for granting any exemption under this paragraph. The Department shall send a notice to the State Office of Emergency Services within five days of the effective date of any exemption granted pursuant to this paragraph.
(3)
The Department, upon application by a handler, may, exempt a handler
under the conditions it deems proper from any portion of the business
plan upon a written finding that the exemption would not pose a significant
present or potential hazard to human health or safety or to the environment
or affect the ability of the Department and emergency rescue personnel
to effectively respond to the release of a hazardous material, and
that there are unusual circumstances justifying this exemption. The
Department shall specify in writing the basis for any exemption under
this paragraph.
(4)
The Department upon application by a handler may exempt a hazardous
material from the inventory provisions of this Chapter upon proof
that the material does not pose a significant present or potential
hazard to human health and safety or to the environment if released
into the workplace or environment. The Department shall specify in
writing the basis for any exemption under this paragraph.
(d)
The
Department shall provide all information obtained from completed inventory
forms upon request, to emergency rescue personnel on a 24-hour basis.
(e)
The
Department shall adopt procedures to provide for public input when
approving any applications submitted pursuant to paragraph (3) or
(4) of subdivision (c).
(Prior code § 5503; amended
by Ord. No. 1554CCS, adopted 10/23/90)
Business plans shall include all of the following:
(a)
The inventory of information required by Section 5.24.100 and whatever additional information that the Department finds is necessary to protect the health and safety of persons, property, or the environment. Any such information is, however, subject to trade secret protections pursuant to Section 5.24.130.
(b)
Emergency
response plans and procedures in the event of a significant release
or threatened significant release of a hazardous material, scaled
appropriately for the size and nature of the business, the nature
of the damage potential of the hazardous materials handled, and the
proximity of the business to residential areas, sensitive facilities
and other populations, including, but not limited to, all of the following:
(1)
Immediate notification to the Department, the Fire Department, the
State Office of Emergency Services, the appropriate local emergency
rescue personnel, and persons within the facility who are necessary
to respond to the incident.
(2)
Identification of local emergency medical assistance appropriate
for potential accident scenarios.
(3)
The name, address and phone numbers (office and home) of all persons
qualified to act as emergency coordinators. Where more than one person
is listed, one shall be named as primary emergency coordinator and
others shall be listed in the order in which they will assume responsibility
as alternates.
(A)
At all times there shall be at least one employee, either on the
business premises during operating hours, or on call during nonoperating
hours, (i.e., available to respond to an emergency by reaching the
business within one hour), with the responsibility for coordinating
all emergency response measures. The emergency coordinator shall be
thoroughly familiar with all aspects of the business plan, all operations
and activities at the business, the location and characteristics of
hazardous materials handled, the location of all records within the
business, and the business layout.
(B)
This person shall have the authority to commit the resources needed
to carry out the business plan.
(4)
A list of emergency equipment at the business (such as fire extinguishing
systems, spill control equipment, communications and alarm systems
and decontamination equipment). This equipment must include at least
twenty-five pounds of an absorbent material or the amount of absorbent
material sufficient to control the complete release of the largest
container of hazardous materials, (excluding underground tanks) whichever
is greater. This list shall be kept up to date. In addition, the plan
shall include the location and a physical description of each item
on the list and a brief outline of its capabilities.
(5)
An evacuation plan for business personnel. This plan shall describe
signals to be used to begin evacuation, evacuation routes and alternate
evacuation routes (in cases where the primary routes could be blocked
by releases of hazardous materials).
(c)
A
training program for all new employees and annual training, including
refresher courses, for all employees in safety procedures in the event
of a release or threatened release of a hazardous material. These
training programs shall take into consideration the position of each
employee. The training program shall include, but need not be limited
to:
(d)
All
additional requirements imposed by the Office of Emergency Services
pursuant to Health and Safety Code Section 25503.
(e)
Any handler required to file a pipeline operations contingency plan in accordance with the California Pipeline Safety Act of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 3 of Division 1 of Title 5 of Government Code) 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 Department instead of filing an emergency response plan specified in subdivision (b).
(Prior code § 5504; amended
by Ord. No. 1554CCS, adopted 10/23/90)
(a)
Prior
to handling of any hazardous material at a business, each handler
shall submit its business plan to the Department and certify that
it meets the requirement of this Chapter. For purposes of reporting
to the City, all handlers that meet the requirements of this Chapter
shall be deemed to have met the contingency plan requirements of California
Code of Regulations, Title 22, Section 67140-67145. If, after review,
the Department determines that the handler’s business plan is
deficient in any way, the administering agency shall notify the handler
of these defects. The handler shall submit a corrected business plan
within five days of the notice. If a handler fails after reasonable
notice to submit a business plan in compliance with this Chapter,
the Department or the Fire Department shall immediately take appropriate
action to enforce this Chapter, including the imposition of civil
and criminal penalties specified in this Chapter. A copy of the approved
business plan and all revisions shall be maintained at the handler.
(b)
The
Department shall submit to the State Office of Emergency Services
a schedule for the submission of the business plan and a copy of the
ordinance codified herein.
(c)
In addition to the requirements of Section 5.24.110, whenever a substantial change in the handler’s operations occurs which requires a modification of its business plan the handler shall submit a copy of the plan revisions to the Department within five days of the operational change.
(d)
The
handler shall, in any case, review the business plan submitted pursuant
to this section at least once every two years to determine if a revision
is needed and shall certify to the Department that the review was
made and that any necessary changes were made to the plan. A copy
of these changes shall be submitted to the Department as a part of
this certification.
(e)
Unless
exempted from the business plan requirements under this Chapter, any
business which handles a hazardous material shall annually submit
a completed inventory form to the Department. Notwithstanding any
other provision of law, an inventory form shall be filed on or before
September 1, 1987, and annually thereafter. This inventory shall be
filed annually, notwithstanding the review requirements of subsection(d).
(Prior code § 5505; amended
by Ord. No. 1554CCS, adopted 10/23/90; Ord. No. 2611CCS § 8, adopted 6/25/19)
The Department shall maintain records of all business plans received and shall index them by street address and company name. The business plan and revisions shall be available for public inspection during the regular working hours of the Department, except that those portions of the business plan specifying the precise location where hazardous materials are stored and handled on-site, including any maps of the site, as required by paragraph (5) of subdivision (a) of Section 5.24.100, shall not be available for inspection. The Department shall transmit copies of the entire business plan or any information contained in the business plan to any requesting state or local agency.
(Prior code § 5506; added
by Ord. No. 1400CCS, adopted 2/10/87)
(a)
Except as provided in subsection (c) whenever there is a significant release or threatened significant release of hazardous material, the emergency coordinator shall upon discovery:
(1)
Immediately report any release or threatened release of hazardous material to the Fire Department, the Department, and to the State Office of Emergency Services, in accordance with the regulations adopted pursuant to Section 5.24.030.
(2)
Additionally, immediately report any release or threatened release
of extremely hazardous material to the Local Emergency Planning Committee
of the California State Office of Emergency Services.
(3)
Provide all State, City, and County fire, public health and safety
personnel and emergency rescue personnel with access to the handler’s
facilities.
(4)
Activate internal facility alarms or communication systems, where
applicable, to notify all business personnel.
(5)
Identify the character, exact source, amount and areal extent of
any released materials. The coordinator may do this by observation
or review of facility records or manifests and, if necessary, by chemical
analysis.
(6)
Concurrently, the emergency coordinator shall assess possible hazards
to human health or the environment that may result from the release
or threatened release. This assessment shall consider both direct
and indirect effects of the release.
(7)
During an emergency, the emergency coordinator shall take all reasonable
measures necessary to ensure that fire, explosions and releases do
not occur, reoccur or spread to other hazardous materials at the facility.
These measures shall include, where applicable, stopping processes
and operations, collecting and containing released materials and removing
or isolating containers.
(8)
If the handler stops operations in response to a fire, explosion
or release, the emergency coordinator shall continue to monitor the
handler for leaks, pressure build up, gas generation, ruptures in
valves, pipes or other equipment, or such other conditions to ensure
against additional fire, explosion or release of hazardous materials.
(9)
Immediately after an emergency, the emergency coordinator shall provide
for treating, storing or disposing of recovered hazardous materials,
contaminated soil or surface water or any other material that results
from a release at the handler.
(10)
The emergency coordinator shall ensure that, in the affected area(s)
of the handler:
(11)
The handler shall notify the Department and appropriate state and
local authorities, that the handler is in compliance with paragraph
(10) of this subdivision before operations are resumed in the affected
area(s) of the facility.
(12)
The handler shall document the time, date and details of any incident
that requires implementing the business plan. Within 15 days after
the incident, the handler shall submit a written report on the incident
to the Department. The report shall include:
(A)
Name, address and telephone number of the business.
(B)
Date, time and type of incident.
(C)
Name and quantity of material(s) involved.
(D)
The extent of injuries, if any.
(E)
An assessment of actual or potential hazards to human health or the
environment.
(F)
Estimated quantity and disposition of recovered material that resulted
from the incident.
(b)
The
provisions of the business plan shall be carried out immediately upon
the release or threatened release of a hazardous material.
(c)
Subdivision
(a) does not apply to any person engaged in the transportation of
a hazardous material on a highway which is subject to, and in compliance
with, the requirements of Sections 2453 and 23112.5 of the Vehicle
Code.
(Prior code § 5507; amended
by Ord. No. 1554CCS, adopted 10/23/90)
In order to carry out the purposes of this Chapter, any employee
or authorized representative of the Department or the Santa Monica
Fire Department has the authority specified in Health and Safety Code
Section 25185, with respect to the premises of a handler, and in Health
and Safety Code Section 25185.5, with respect to real property which
is within 2,000 feet of the premises of a handler, except that this
authority shall include inspections concerning hazardous material,
in addition to hazardous waste.
(Prior code § 5508; added
by Ord. No. 1400CCS, adopted 2/10/87)
The annual inventory form shall include, but shall not be limited to, information on all the following which are handled in quantities equal to or greater than the quantities specified in subdivision (a) of Section 5.24.040.
(a)
A
listing of the chemical name and common names of every hazardous material
or chemical product handled by the business.
(b)
The
category of material, including the general chemical and mineral composition
of the material listed by probable maximum and minimum concentrations,
of every hazardous material handled by the business.
(c)
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 (a) or
(b).
(d)
The
maximum amount of each hazardous material or mixture containing a
hazardous material disclosed in paragraphs (a), (b), and (c) which
is handled at any one time by the business over the course of the
year. These amounts must be expressed in commonly understood units
appropriate to the manner in which the hazardous materials are handled.
(e)
Sufficient
information on how and where the hazardous materials disclosed in
paragraphs (a), (b), and (c) 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.
(f)
The
total estimated amounts of each hazardous material handled by the
business throughout the course of the year.
(g)
The
SIC Code number of the business if applicable.
(h)
The
Dun and Bradstreet number of the business, if applicable.
(i)
The Chemical Abstract Service Registry number of each hazardous material listed in response to Section 5.24.100, subdivisions (a), (b) and (c).
(j)
The
physical state (pure, mix, solid, liquid, or gas) of each hazardous
material handled by the business.
(k)
The
health hazard level (immediate or delayed) of each hazardous material
handled by the business.
(l)
Certification
that the handler either owns the property on which the business which
handles the hazardous material is located or that the handler has
notified the owner of the property that hazardous materials are on
site.
(Prior code § 5509; amended
by Ord. No. 1554CCS, adopted 10/23/90)
Any business subject to Section 5.24.060 shall submit an amendment to the inventory form detailing the new use, handling, or other appropriate information required, within five days of:
(a)
Any
increase in the reported quantity of an extremely hazardous material.
(b)
A
100 percent or more increase in the quantity of a previously disclosed
material other than an extremely hazardous material.
(c)
Any
handling of a previously undisclosed hazardous material subject to
the inventory requirements of this Chapter.
(d)
A
change of business address.
(e)
A
change of business ownership.
(f)
A
change of business name.
(g)
A
change of information relating to emergency coordinators.
(h)
The
intention to close or actual closure of the business.
(Prior code § 5510; amended
by Ord. No. 1554CCS, adopted 10/23/90)
The Department may require the establishment of a Risk Management
and Prevention Program from any business handling an extremely hazardous
substance in quantities greater than the amounts specified in Section
25531 through 25541 of the California Health and Safety Code.
(Prior code § 5510.1; amended by Ord. No. 1554CCS, adopted 10/23/90)
(a)
If
a business believes that the inventory required by this Chapter involves
the release of a trade secret, the business shall nevertheless make
the disclosure to the Department, and shall notify the Department
in writing of the belief on a separate inventory form. As used in
this Chapter “trade secret” has the meanings given to
it by Government Code Section 6254.7 and Evidence Code Section 1060.
(b)
Subject
to this Section, the Department shall protect from disclosure any
trade secret designated as such by the handler. The City shall not
be liable for the disclosure of any trade secret, whether such disclosure
was done intentionally, negligently, accidentally, or otherwise.
(c)
Upon
receipt of a request for the release of information to the public
which includes information which the handler has notified the Department
is a trade secret pursuant to subdivision (a), the Department shall
notify the handler in writing of the request by certified mail, return
receipt requested. The Department shall release the information to
the public, but not earlier than 30 days after the date of mailing
the notice of the request for information, unless, prior to the expiration
of the 30 day period, the handler files an action in an appropriate
court for a declaratory judgment that the information is subject to
protection under subdivision (b) or for an injunction prohibiting
disclosure of the information to the public and promptly notifies
the Department of that action. This Section does not permit a handler
to refuse to disclose the information required pursuant to this Chapter
to the Department.
(d)
Any
information which is confidential pursuant to this Section shall not
be disclosed to anyone except the following:
(1)
An officer or employee of the County or City, the State, or the United
States, in connection with the official duties of that officer or
employee under any law for the protection of health, or to contractors
with the county or City and their employees if, in the opinion of
the Department, disclosure is necessary and required for the satisfactory
performance of a contract, for the performance of work, or to protect
the health and safety of the employees of the contractor.
(2)
Any physician where the physician certifies in writing to the Department
that the information is necessary to the medical treatment of the
physician’s patient.
(e)
For
purposes of this Section, fire and emergency rescue personnel and
county health personnel operating within the jurisdiction of the City
shall be considered employees of the City.
(f)
Any
physician who, by virtue of having obtained possession of, or access
to, confidential information, and who, knowing that disclosure of
the information to the general public is prohibited by this Section,
knowingly and willfully discloses the information in any manner to
any person not entitled to receive it, is guilty of a misdemeanor.
(g)
Any
officer or employee of the county or City or former officer or employee
who, by virtue of that employment or official position, has possession
of, or has access to, confidential information, and who, knowing that
disclosure of the information to the general public is prohibited
by this Section, knowingly and willfully discloses the information
in any manner to any person not entitled to receive it, is guilty
of a misdemeanor. Any contractor with the county or City and any employee
of the contractor, who has been furnished information as authorized
by this Section, shall be considered an employee of the City for purposes
of this Section.
(h)
Information
certified by appropriate officials of the United States as necessary
to be kept secret for national defense purposes shall be accorded
the full protections against disclosure as specified by those officials
or in accordance with the laws of the United States.
(Prior code § 5511; added
by Ord. No. 1400CCS, adopted 2/10/87)
(a)
The
submission of any information required under this Chapter does not
affect any other liability or responsibility of a business with regard
to safeguarding the health and safety of an employee or any other
person.
(b)
Compliance
with this Chapter shall not be deemed to be compliance with the duty
of care required of any business for purposes of any judicial or administrative
proceeding conducted pursuant to any other provision of law.
(Prior code § 5512; added
by Ord. No. 1400CCS, adopted 2/10/87)
(a)
A
fee shall be paid to the City by each business required to submit
a business plan pursuant to this Chapter in an amount sufficient to
pay the costs incurred by the City in carrying out this Chapter.
(b)
A
fee shall be paid to the City to cover all duplication costs of responding
to a request from the public by the person making the request.
(c)
The
amount of any fee shall be established and from time to time amended
by resolution of the City Council.
(Prior code § 5513; added
by Ord. No. 1400CCS, adopted 2/10/87)
(a)
Any business that violates Sections 5.24.040 to 5.24.060, inclusive, or Sections 5.24.100 to 5.24.110, inclusive, shall be civilly liable to the City in an amount of not more than $2,000 for each day in which the violation occurs. If the violation results in, or significantly contributes to, an emergency, including a fire, the business shall also be assessed the full cost of the emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.
(c)
Any person or business who violates Section 5.24.080 shall, upon conviction, be punished as provided for in Health and Safety Code Section 25515.
(d)
Any
person or business responsible for a release shall institute and complete
all actions required by this Chapter necessary to remedy the effects
of such release, whether sudden or gradual. Such party shall reimburse
to the City all costs incurred by the City in responding to such release,
excluding the costs of fighting fires. This responsibility is not
conditioned upon evidence of willfulness or negligence of the party
in causing or allowing such release.
(Prior code § 5514; added
by Ord. No. 1400CCS, adopted 2/10/87)
Any person who willfully prevents, interferes with, or attempts
to impede the enforcement of this Chapter by any authorized representative
of the Department, the Fire Department, or any other authorized representative
of the City is, upon conviction, guilty of a misdemeanor.
(Prior code § 5515; amended
by Ord. No. 1554CCS, adopted 10/23/90)
All criminal and civil penalties collected pursuant to this
Chapter shall be apportioned as provided in Health and Safety Code
Section 25515.2.
(Prior code § 5516; added
by Ord. No. 1400CCS, adopted 2/10/87)
When the Department or the Fire Department determines that a
business has engaged in, is engaged in, or is about to engage in any
acts or practices which constitute or will constitute a violation
of this Chapter or any regulation or order promulgated thereunder,
the Department or the Fire Department shall report such determination
to the City Attorney, and the City Attorney may make application to
the superior court for an order enjoining the acts or practices or
for an order directing compliance. The City Attorney may seek the
same relief upon the City Attorney’s own motion. As established
in Health and Safety Code Section 25516, a permanent or temporary
injunction, restraining order, or other appropriate order may be granted
upon a showing that the business has engaged in, is engaged in, or
is about to engage in the challenged acts or practices.
(Prior code § 5517; amended
by Ord. No. 1554CCS, adopted 10/23/90)
As provided for by Health and Safety Code Section 25516.1, civil
actions brought under this Chapter shall be brought in the name of
the people of the State of California, and any actions relating to
the same violation may be joined or consolidated.
(Prior code § 5518; added
by Ord. No. 1400CCS, adopted 2/10/87)
The burden of proof for the granting of injunctive relief shall
be as is set forth in Health and Safety Code Section 25516.2.
(Prior code § 5519; added
by Ord. No. 1400CCS, adopted 2/10/87)
(a)
Any person who provides information which materially contributes to the imposition of a civil penalty, whether by settlement or court order, under Section 5.24.160, as determined by the City Attorney, shall be paid a reward by the Department equal to 10 percent of the amount of the civil penalty collected. The reward shall be paid from the amount of the civil penalty collected. No reward paid pursuant to this subdivision shall exceed $5,000.
(b)
Any person who provides information which materially contributes to the conviction of a person or business under Section 5.24.160(c), as determined by the City Attorney, shall be paid a reward by the Department equal to 10 percent of the amount of the fine collected. The reward shall be paid from the amount of the fine collected. No reward paid pursuant to this subdivision shall exceed $5,000.
(c)
No
informant shall be eligible for a reward for a violation known to
the Department unless the information materially contributes to the
imposition of criminal or civil penalties for a violation specified
in this Section.
(d)
If
there is more than one informant for a single violation, the person
making the first notification received shall be eligible for the reward,
except that, if the notifications are postmarked on the same day,
or telephoned notifications are received on the same day, the reward
shall be divided equally among those informants.
(e)
Public
officers and employees of the United States, the State of California,
or counties and cities in this state are not eligible for the reward
pursuant to subdivision (a) or (b), unless the providing of the information
does not relate in any manner to their responsibilities as public
officers or employees.
(f)
An
informant who is an employee of a business and who provides information
that the business has violated this Chapter is not eligible for a
reward if the employee intentionally or negligently caused the violation
or if the employee’s primary and regular responsibilities included
investigating the violation, unless the business knowingly caused
the violation.
(g)
The
Department shall pay rewards under this Section pursuant to the following
procedures:
(1)
An application shall be signed by the informant and presented to
the Department within 60 days after a final judgment has been entered
or the period for an appeal of a judgment has expired.
(2)
The determination by the City Attorney as to whether the information provided by the applicant materially contributed to the imposition of a judgment under Section 5.24.160 shall be final.
(3)
The Department shall notify the applicant in writing of its decision
to grant or deny a reward within a reasonable time period following
the filing of an application.
(4)
Approved reward claims shall be paid by the Department within 30
days of the collection and deposit of the penalties specified in subdivisions
(a) and (b).
(h)
The
names of reward applicants or informants shall not be disclosed by
the Department unless the names are otherwise publicly disclosed as
part of a judicial proceeding.
(Prior code § 5520; added
by Ord. No. 1400CCS, adopted 2/10/87)
Pursuant to Penal Code Section 836.5, Battalion Chiefs, Company
Officers, and Fire Prevention Officers of the Fire Department and
the Environmental Program Administrator, Environmental Coordinator,
Hazardous Material Technician of the General Services Department or
their equivalents may arrest a person whenever any of these individuals
have reasonable cause to believe that the person to be arrested has
committed a misdemeanor in his or her presence which is a violation
of this Chapter or the terms and conditions of any permit provided
for in this Chapter. In any case in which a person is arrested pursuant
to this Section and the person arrested does not demand to be taken
before a magistrate, the arresting individual shall prepare a written
notice to appear and shall release the person arrested on his or her
promise to appear as provided in Section 3.36.20 of this Code.
(Prior code § 5521; amended
by Ord. No. 1554CCS, adopted 10/23/90)
