CC Ordinance 1618ORDINANCE NO. 1618
BEING AN ORDINANCE OF THE CITY OF CAMPBELL
AMENDING TITLE 17 OF THE CAMPBELL MUNICIPAL
CODE ENTITLED FIRE PROTECTION BY AMENDING
SECTION 17.06
The Council of the City of Campbell does ordain as fol",ows:
Spctt i nn nne
That the following sections of Title 17, Chapter 17.06 of the Campbell
Municipal Code be amended to read:
Section 17.06.200(g)
(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 permitee 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 the City in lieu of such component(s). The City
may give deference to any approval of such plan by the other public
agency.
Section 17.06.220 Hazardous Materials Inventory Statement,
A. A Hazardous Materials Inventory Statement (HMIS) shall be filed
annually with city* in accordance with this Part. Any person, firm, or
coporation which stores or handles any hazardous material in an amount
which is equal to or greater than the quantities specified in Section
17.06.230(a) is required to file an HMIS.
B. For purposes of this Part, in addition to the materials regulated
in Part 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 17.06.230(a), or of an
increase of one hundred percent (100%) or more in the quantity of a
previously disclosed material, or an increase in the quantity range, or of
a change in business address, ownership, or business name.
*City shall mean City of Campbell.
17.06.230 Information Required.
A. Information shall be included in the HMIS 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 (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:
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 hazard class or classes and the
Material Safety Data Sheet (MSDS) or equivalent information as
required by city*.
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 other
hazardous material or mixture containing a hazardous material 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
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.
*City shall mean City of Campbell.
C. The HMIS may report the amount of hazardous material under this
section by ranges, rather than a specific amount, pursuant to Section
17.06.200(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 ordinance.
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, a3 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.
Section 17.06.240 Public Records.
The HMIS is a public record; however, the information contained therein is
subject to trade secrets protection pursuant to Health and Safety Code Section
25511.
Section Two: That the following sections of Title 17, Chapter 17.06 of the
City of Campbell Municipal Code be added:
Section 17.06.215 Supplemental Requirements for Emergency Response Plans.
A. In addition to the HMMP requirements set forth in this Part, 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 500 pounds, or a
total volume of 55 gallons, or 200 cubic feet at standard temperature and
pressure for compressed gas, shall establish and implement a plan for emergency
response to a release or threatened release of a hazardous material pursuant to
this section. Said plan, inlcuding the Hazardous Materials Inventory Statement
(HMIS) described in Part 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 Part 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. Unless the facility qualifies as a minimal storage site under Section
17.06.210 or is otherwise exempt pursuant to Section 17.06.070, the following
information shall be provided:
*City shall mean City of Campbell.
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:
a. Immediate notification to City, to the City fire department,
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
(commencing with Section 51010) of Part 3 of Division 1 of Title 5 of the
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 City instead of filing the emergency
response plan specified in subdivision A. of this Section.
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 C. and D. of this Section
shall, notwithstanding this exemption, provide the training programs
specified in subdivision D.
G. The City 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
17.06.200(a)(3) specifying the precise location where hazardous materials
are stored and handled onsite. The City is required by Health and Safety
Code Section 25506 to transmit copies of the entire emergency response
plan or any inforamtion contained therein to any requesting state or local
agency.
Section Three: That the following sections of Title 17, Chapter 17.06 of the
City of Campbell Municipal Code be deleted:
Section 17.06.250 Trade Secrets.
(DELETE ENTIRE SECTION.)
PASSED AND ADOPTED this 7th day of October, 1986, by the following roll
call vote:
AYES Councilmembers: Ashworth, Doetsch, Watson, Podgorsek, Kotowski
NOES Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
�MICHAEL F. KOTOWSKI, MAYOR
ATTEST: