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ORDINANCE NO. 309
AN ORDINANCE OF THE CITY OF THE TOWN OF LOS ALTOS HILLS ADOPTING
AS AN URGENCY MEASURE AMENDMENTS TO CHAPTER 13 ENTITLED "HAZARDOUS
MATERIALS STORAGE" OF TITLE 4 OF THE LOS ATLOS HILLS
MUNICIPAL CODE.
The City Council of the City of THE TOWN OF LOS ALTOS HILLS
DOES ordain as follows:
SECTION 1. REPEAL
Sub -paragraph (2) of Subsection (g) of Section 14-13.402
Of Article 4 of Chapter 13 of the LOS ALTOS HILLS
Municipal Code be and it hereby is repealed, and sub -paragraph
(3) of Subsection (g) of Section 14-13.402, be and it hereby
is renumbered as Sub -paragraph (2).
SECTION 2. AMENDMENT OF CODE
Section 4-13.404 hereby is added to Article 4 of Chapter
13 to read as follows:
Section 4-13.404. SUPPLEMENTAL REOUIREMENTS FOR EMERGENCY
RESPONSE PLANS.
(a) In addition to the HMMP reouirements set forth in this
Chapter, 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, including the Hazardous
Materials Inventory Statement (HMIS) described in
Article 5 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
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Health and Safety Code.
(b) For purposes of this section, in addition to the mate-
rials regulated in Article 2, the term "hazardous mate-
rial" 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 14-13.403, or is otherwise exempt
pursuant to Section 4.13.202, the following information
shall be provided:
(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:
i. 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 re-
lease 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 Subsection
(a) of this Section.
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(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 Subsections (c) and (d) of this Section shall, not-
withstanding this exemption, provide the training
programs specified in Subsection (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 revi-
sions 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 4-13.402(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 information
contained therein to any requesting state or local
agency.
SECTION 3. AMENDMENT OF CODE
Section 4-13.501 of Article 5 of Chapter 13 hereby is amended
to read as follows:
Section 4-13.501 HAZARDOUS MATERIALS INVENTORY STATEMENT
(a) A Hazardous Materials Inventory Statement (HMIS) shall
be filed annually with this City in accordance with
this Article. Any person, 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 4-13.502 is required to file an
HMIS.
(b) For purposes of this Article in addition to the mate-
rials regulated in Article 2, 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 RMIS
within thirty (30) days of the storage or handling of
any hazardous material not listed thereon but required
to be listed by Section 4-13.502(a) or of an increase
of one hundred percent (1008) 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.
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SECTION 4. AMENDMENT OF CODE
Section 4-13.502 of Article 5 of Chapter 13 hereby is amended
to read as follows:
Section 4-13.502 INFORMATION REQUIRED
(a) Information shall 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 equiva-
lent information as required by this 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 con-
taining a hazardous material handled by the busi-
ness 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
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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 non -business hours.
(c) The HMIS may report the amount of hazardous material
under this section by ranges, rather than a specific
amount, pursuant to Section 4-13.402(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 Chapter.
(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 sutmittal to this 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 Administra-
tive Code, as amended.
SECTION 5. AMENDMENT OF CODE
Section 4-13.503 of Article 5 of Chapter 13 hereby is amended
to read as follows:
Section 4-13.503 PUBLIC RECORDS
The HMIS is a public record; however, the information con-
tained therein is subject to trade secrets protection pursuant
to Health and Safety Code Section 25511.
SECTION 6. REPEAL
Section 4-13.504 of Article 5 of Chapter 13 hereby is
repealed.
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SECTION 7. URGENCY AND EFFECTIVE DATE
This Ordinance is an urgency ordinance and is for the immedi-
ate preservation of the public peace, health, and general welfare.
The facts constituting the urgency are these.
This City previously adopted a "Hazardous Materials Storage"
Ordinance to regulate aboveground and underground storage of all
hazardous materials and wastes.
Assembly Bill 2187 which has been adopted and signed into
law, in effect, requires that amendments to existing Hazardous
Materials Storage ordinances be enacted and in effect by October
21, 1986 in order to comply with Sec. 25505.2 (a)(1) of the
Health and Safety Code of California and to grandfather in this
City's existing Hazardous Materials Storage Ordinance.
Because the proposed Amendments are of vital concern to the
health and safety of the inhabitants of the City and in order to
protect this City's existing regulations of hazardous materials
storage, it is necessary that the Amendments set forth in this
Ordinance be adopted and in effect without further delay.
This Ordinance is adopted pursuant to Subsection (b) of
Section 36937 of the Government Code of California.
This Ordinance take effect immediately.
SECTION 8. POSTING
This Ordinance shall be posted within the City of the Town
of Los Altos Hills in three (3) public places.
PASSED AND ENACTED as an Urgency Measure at a regular meeting
of the City Council of the City of the Town of Los Altos Hills
this 15th day of October, 1986 by the following roll call vote:
AYES: Councilmember: Dmnkert, Siegel, Tryon and van Tamelen
NOES: Councilmember: None
ABSENT: Councilmember: Rydell
BY
ATTEST: Q
CITY CLERK
M
MAYOR