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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: