HomeMy WebLinkAboutOrdinance 1551 (Disclosure of Hazardous Materials)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and
Ex -officio Clerk of the Council of said City, do hereby certify that
the foregoing Charter Ordinance No. 1551 entitled:
"AN ORDINANCE OF THF CITY OF SAN RAFAEL AMENDING
CHAPTER 4.12 OF TITLE 4 OF THE MUNICIPAL CODE
OF THE CITY OF SAN RAFAEL RELATING TO THE
DISCLOSURE OF HAZARDOUS MATERIALS"
is a true and correct copy of an ordinance of said City and was
introduced at a Regular meeting of the City Council
of the Cite of San Rafael, held on the 7th day of
November , 1988, published as required by City Charter in the
MARIN INDEPENDENT JOURNAL a newspaper published in the City
of San Rafael and passed and adopted as an ordinance of said City at
a Regular meeting of the City Council of said City
held on the 21st day of November 1988, by the following
Vote, to wit:
APES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCI LMEMBERS : None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
THIRTIETH day of NOVEMBER
19 88.
JEANO M. LEONCINI,City lerk
ORDINANCE NO. 1551
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
CHAPTER 4.12 OF TITLE 4 OF THE MUNICIPAL CODE
OF THE CITY OF SAN RAFAEL RELATING TO THE
DISCLOSURE OF HAZARDOUS MATERIALS
THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. Title 4, Chapter 4.12, entitled "Disclosure of
Hazardous Materials", including all of its sections and subsections,
is hereby amended in its entirety and shall read as follows:
CHAPTER 4.12. Disclosure of Hazardous Materials
Section 4.12.010 Findings and Purpose
4.12.020
Definitions
4.12.030
Designation of Hazardous Materials
4.12.040
Filing Hazardous Materials Business
Plans and Exemptions to Filing
4.12.050
Contents of Hazardous Materials
Business Plans
4.12.060
Additional Reporting
4.12.070
Administrative Procedures; Public
Inspection of Records
4.12.080
Trade Secrets
4.12.090
Closure Plans
4.12.100
Response to Threatened, or Actual
Releases
4.12.110
Fees
4.12.120
Violations; Penalties
SECTION 4.12.010 Findinqs and Purpose. The Council hereby
finds and declares that:
A. Hazardous substances and hazardous wastes present
in the community may pose acute and chronic health hazards to
individuals who live and work in the City, and who are exposed to
such substances as a result of fires, spills, industrial
accidents, or other types of releases or emission.
B. The people who live and work in the City have a
right and need to know information concerning the use and
potential harmful effects of hazardous materials in the community
in order to plan for and respond to exposure to such materials.
C. Basic information on the location, type, quantity
and the health risks of hazardous materials used, stored, and/or
disposed of in the City is not now available to Fire Department
personnel, health officials, law enforcement officers, planners,
elected officials, and residents.
D. It is the intent of the Council that this
ordinance recognize the community's right and need for basic
information on the use and disposal of hazardous materials in the
City and that it establish an orderly system for the provision of
such information.
E. It is further the intent of the Council that the
system of disclosure set forth in this ordinance shall provide the
information essential to Fire Department personnel, health
officials, law enforcement officers, planners, elected officials,
and residents in meeting their responsibilities for the health and
welfare of the community in such a way that any statutory
privileges concerning trade secrets are not abridged.
ORDINANCE NO. 1551
F. It is further the intent of the Council that the
San Rafael Fire Department shall enforce all of the provisions of
Chapter 6.95 of Division 20 of the California Health and Safety
Code commencing with Section 25500 within the City as the
Administering Agency save and except where the provisions of this
ordinance are more strict as herein delineated.
SECTION 4.12.020 Definitions. For the purpose of this
ordinance, the following definitions shall apply:
A. "Carcinogen" means a substance or agent which can
cause cancer. For purposes of this section, carcinogens are
chemicals for which there is sufficient evidence of
carcinogenicity as specified in guidelines prepared by the
International Agency for Research on Cancer and the National
Cancer Institute and are listed on the list of hazardous
substances established by the Director of Industrial Relations
pursuant to Section 6380 of the Labor Code.
B. "CAS number" shall mean the unique identification
number assigned by the Chemical Abstracts Service to specific
chemical substances.
C. "EPA Waste Stream Code" means the identification
number assigned pursuant to the regulations of the U.S.
Environmental Protection Agency to specific types of hazardous
waste.
D. "Establishment" shall mean a single business
operation conducted on the same or contiguous parcels of property
under the same ownership or entitlement to use.
E. "Facility" means a building or buildings,
appurtenant structures, and surrounding land area used by a
single business entity at a single location or site.
F. "Forms" mean the forms and information submitted
by the user or handler of hazardous materials to the Fire Chief or
his designee.
G. "Hazardous class" means Explosives A, Explosives
B, Explosives C, Blasting agents, Flammable liquids, Combustible
liquids, Flammable solids, Oxidizers, Organic peroxides, Corrosive
materials, Flammable gases, Nonflammable gases, Poisons A, Poisons
B, Irritating materials, Etiologic Agents, Radioactive materials,
Other Regulated Materials (ORM), A, B, C, D, and E. For purposes
of this chapter, the U.S. Department of Transportation (DOT)
definitions in 49 CFR Part 173 shall be utilized, however,
whenever the definitions in 49 CFR 173 refer to transportation or
hazards associated with transportation, they shall be deemed to
refer to storage handling or other regulated activity under this
chapter.
H. "Hazardous material" means any of the following:
1. A hazardous substance, as defined in Section
25501 of the California Health and Safety Code;
2. A carcinogen, as defined herein;
3. A reproductive toxin, as defined herein;
4. A hazardous waste, as defined herein;
5. An acutely hazardous material, as defined in
Section 25532 of the California Health and Safety Code,
referencing the chemicals designated as extremely hazardous
substances in Appendix A of Part 355 of Subchapter J of
Chapter I of Title 40 of the Code of Federal Regulations; or
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ORDINANCE NO. 1551
6. Any material ordered added to the list of
hazardous materials by the Fire Chief, his designee, or by a
handler, based on a finding that the material, because of its
quantity, concentration, use, method of storage, or chemical
or physical characteristics, poses a significant present or
potential hazard to human health or safety or to the
environment if released into the workplace or the
environment.
I. "Hazardous waste" means hazardous or extremely
hazardous waste as defined by Section 25115, 25117, and 25136 of
the California Health and Safety Code, and set forth in Sections
66680 and 66685 of the Title 22 of the California Code of
Regulations.
J. "Person" means an individual, trust, firm, joint
stock company, corporation, partnership, association, city,
county, district of the State or any department or agency thereof.
K. "Reproductive toxins" means a substance or agent
which can affect reproductive functions causing birth defects,
spontaneous abortions, impaired spermatogenesis, reduced fertility
and/or intrauterine growth retardation, and appears on the list of
hazardous substances prepared by the Director of Industrial
Relations pursuant to Section 6380 of the Labor Code.
O. "Use and user" have the same meanings as
handle and handler.
P. All definitions contained in Chapter 6.95 of
Division 20 of the California Health and Safety Code commencing
with Section 25500.
Q. When terms are not defined, they shall have their
ordinary accepted meanings within the context with which they are
used. Webster's Third New International Dictionary of the English
Lanquaqe, Unabridqed, copyright 1981, shall be considered as
providing ordinarily accepted meanings.
SECTION 4.12.030 Designation of Hazardous Materials.
A. A material may be added to the list of hazardous
materials upon a finding by the Fire Chief, his designee, or a
handler that it satisfies the criteria of Section 4.12.020H.(6) of
this chapter.
B. Any material added to the list of hazardous
materials by the Fire Chief shall be set forth in the form of an
addendum adopted by resolution of the City Council.
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L.
"SIC Code" means the identification
number
assigned
by the
Standard Industrial Classification
Code to
specific
types
of businesses.
M.
"Storage facility" means any one or
combination of
tanks, sumps,
wet
floors, waste -treatment facilities, pipes,
vaults or
other
portable or fixed containers, used
or designed to
be used
for the
storage of hazardous materials at
a facility.
N.
"Sump" means a pit or well in which
liquids
collect.
O. "Use and user" have the same meanings as
handle and handler.
P. All definitions contained in Chapter 6.95 of
Division 20 of the California Health and Safety Code commencing
with Section 25500.
Q. When terms are not defined, they shall have their
ordinary accepted meanings within the context with which they are
used. Webster's Third New International Dictionary of the English
Lanquaqe, Unabridqed, copyright 1981, shall be considered as
providing ordinarily accepted meanings.
SECTION 4.12.030 Designation of Hazardous Materials.
A. A material may be added to the list of hazardous
materials upon a finding by the Fire Chief, his designee, or a
handler that it satisfies the criteria of Section 4.12.020H.(6) of
this chapter.
B. Any material added to the list of hazardous
materials by the Fire Chief shall be set forth in the form of an
addendum adopted by resolution of the City Council.
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ORDINANCE NO. 1551
SECTION 4.12.040 Filinq Hazardous Materials Business Plans
and Exemptions to Filinq.
A. Any person who uses or handles a hazardous material
shall annually, or more frequently at the discretion of the Fire
Chief, submit a completed business plan as follows:
1. Any person required to submit an application
for a business license, at the time of filing a business
license application or renewal, shall also file a business
plan with the Fire Department.
2. Any person not required to obtain a business
license who uses or handles hazardous materials at a facility
or site shall submit a completed business plan to the Fire
Chief on or before January 2 of each year.
3. If at the time specified in 1. or 2. above
there have been no changes in the types or quantities of
Hazardous Materials used or stored, the submittal may be in
the form of a letter to that effect.
B. An amendment to the business plan shall be filed
fifteen (15) days prior to any of the following changes:
1. Change of business address.
2. Change of business ownership.
3. Change of business name.
4. For additional requirements see Section
4.12.090 of this Chapter.
C. An amendment to the business plan shall be filed
within (15) days subsequent to any of the following changes:
1. A change in the quantity of a previously
reported hazardous material that exceeds an increase or
decrease of 50 percent or more of such material.
2. The use or handling of a previously unreported
hazardous material; or
3. Changes in any elements of the business plan
as required in Section 4.12.050 of this Chapter.
D. The amendment to the business plan as required by
subsections B and C of this section shall contain only new
information or information about a specific change and shall not
require the resubmittal of an entire business plan.
E. Exemptions to Disclosure.
1. Any user that handles, stores or otherwise
uses hazardous materials in aggregate amounts not exceeding
one hundred (100) pounds of solids, fifty-five (55) gallons
of liquids, and/or two hundred (200) cubic feet of gases
measured at standard temperature and pressure, in any 29 day
period at a facility, shall be exempt from the requirement of
disclosure of those uses. In calculating the aggregate
amounts used for purposes of this section, the user shall
apply the following formula:
(SOLIDS) + (LIQUIDS) + (GASES) = X
where:
(SOLIDS) equals the sum of the total pounds of all solid
hazardous materials used, divided by one hundred (100); and
(LIQUIDS) equals the sum of the total gallons of all
liquid hazardous materials used, divided by fifty-five (55);
and
(GASES) equals the sum of the total volumes of gaseous
hazardous materials handled, measured at standard temperature
and pressure, divided by two hundred (200).
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ORDINANCE NO. 1551
If the sum of the numbers "X" is less than 1.00, the
user is exempt; otherwise, the uses must be disclosed.
However, this exemption shall not apply to:
a. Laboratories involved in chemical
synthesis and production;
b. Known carcinogens or reproductive toxins,
unless used or intended to be used for medical -or
therapeutic purposes;
C. Hazardous materials which have lower
threshold quantities pursuant to Chapter 6.95 of
Division 20 of the California Health and Safety Code
commencing with Section 25500 or Part 300 of Title 40 of
the Code of Federal Regulations.
d. Other hazardous materials for which the
Fire Chief may establish different exemption threshold
quantities, after notice to the public of the intended
establishment of such threshold quantities, and approval
of any such threshold quantities by the Council.
2. Any business engaged exclusively in the
following types of operation shall be exempt from disclosure;
a. Retail gas stations and other repair
facilities whose usage of hazardous materials is limited
to gasoline, diesel, and related automotive use
products.
b. Liquefied petroleum gas installations
regulated by Article 82 of the Uniform Fire Code.
3. The following gases are exempt in quantities
not to exceed 1500 cubic feet at standard temperature and
pressure;
a. All compressed gases that are hazardous
materials solely because they are compressed gas. If
the product is otherwise hazardous the 200 cubic foot
limit will apply.
b. Non-flammable compressed gases used
solely to carbonate soft drinks, fill balloons, fill
fire extinguishers or extinguishing systems or similar
uses as approved by the Fire Chief.
C. Oxygen and Nitrous Oxide maintained by
doctors, dentists, and veterinarians.
4. The Council hereby finds that the exemptions
set forth in this Section will not inhibit the ability of the
Fire Department to implement this division, or to respond to
releases of any of the hazardous materials thus exempted.
The Council also finds that these exemptions are appropriate
because the hazardous materials and quantities exempted do
not pose a present threat to human health or the environment,
considering their chemical nature and the regulations
(including other provisions of the San Rafael Fire Code) with
which the users already comply.
5. All exemptions contained in Chapter 6.95 of
Division 20 of the California Health and Safety Code
commencing with Section 25500.
SECTION 4.12.050 Contents of Hazardous Materials Business
Plans.
A. The Hazardous Materials Business Plan shall include
all elements of the Inventory Form and Business Plans as required
in Chapter 6.95 of Division 20 of the California Health and Safety
Code commencing with Section 25500 and Subchapter 3, Chapter 2 of
Title 19 of the California Code of Regulations.
include:
B. The Hazardous Materials Business Plan shall also
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ORDINANCE NO. 1551
1. If available, Material Safety Data Sheets for
each hazardous material.
2. If available, a minimum of three persons
capable of assisting during an emergency, one of whom shall
be designated the primary contact person.
3. Signature, and Title of the authorized agent
of the business and the date that the plan was completed,
below a certification acknowledgment statement regarding the
current conditions, changes and closure.
4. If available, the location of wells, storm and
sewer drains, open bodies of water, drainage canals, flood
plains, and general land uses within 500 feet of all property
lines.
5. The location of all shut -offs or disconnecting
means for Electricity, Natural Gas, and Water.
6. Secondary containment areas.
7. Description of adequate separation and
containment of reactive and/or incompatible materials.
8. Methods of monthly monitoring of containers to
detect leakage.
9. Methods of protection of outside storage
areas.
10. Type of container of the normal storage of the
chemical.
11. Federal Department of Transportation Hazard
Classification.
12. Plan to provide warning markings on
containers, storage areas, storage structures, surrounding
fences, gate, and access ways, acceptable to the Fire
Department.
13. A listing of the amount and type of the
financial responsibility instruments carried by the
applicant.
14. A listing of the emergency equipment
availability, testing, and maintenance to assure that it is
adequate and appropriate for potential emergencies presented
by the stored hazardous materials.
C. The Hazardous Materials Business Plan shall be
submitted on the forms designed by the Fire Chief or his designee,
and completed by the user.
D. Requirements for information in the Business Plan
may be waived, by the Fire Chief or his designee, where such
information is not reasonably necessary to meet the intent of this
chapter.
SECTION 4.12.060 Additional Reportinq.
A. Upon request, all users shall provide information
in addition to that required in the business plan filed pursuant
to Section 4.12.040 of this chapter as follows:
1. To the Fire Department any information
determined by the Fire Department to be necessary to protect
the public health, safety, or the environment;
2. To any physician where the physician
determines that such information is necessary for the medical
diagnosis and/or treatment of a patient under his or her
care.
ORDINANCE NO. iC�rli
B. Upon review of the business plan the Fire Chief or
his designee may require the submittal of a schedule and written
inspection procedures for inspecting each storage facility and its
related monitoring, safety, and emergency equipment, security
devices, and operating and structural equipment for malfunctions
and deterioration, operator's errors, poor housekeeping practices,
and unauthorized discharges of hazardous materials. These
inspections must be scheduled at appropriate frequencies approved
by the Fire Department and must be recorded in an authorized
checksheet or log to be maintained for three (3) years from the
date of inspection.
C. Additional reporting may be required pursuant to
Article 2, Chapter 6.95 of Division 20 of the California Health
and Safety Code commencing with Section 25531 regarding Acutely
Hazardous Materials.
D. Additional reporting may be required pursuant to
the Superfund Amendments and Reauthorization Act of 1986.
(Commonly referred to as SARA Title III.)
E. Any additional information furnished under this
section shall be subject to Section 4.12.080 of this chapter.
SECTION 4.12.070 Administrative Procedures; Public
Inspection of Records.
A. In addition to the requirements for Public
Inspection contained in Chapter 6.95 of Division 20 of the
California Health and Safety Code commencing with Section 25500,
the following shall apply:
1. Persons requesting access to any file
containing a disclosure form/permit or other public records
filed under this ordinance shall complete an application for
release of information. This application shall require the
person to disclose:
a. The person's name, address, and telephone
number;
b. The name and address of the person,
business, or governmental agency such person represents;
C. The purpose for which the access is
requested; and
d. The identity of the specific files to be
examined or requested to be copied.
The Fire Department shall have ten (10) days prior to
permitting the review of the requested materials or providing
the copies requested to: 1) verify the applicant's identity,
2) determine whether any of the materials requested are
exempt from disclosure under the provisions of Section 6254
of the California Government Code, or of Section 4.12.080 of
this chapter, 3) inform the business whose business plan has
been requested.
If the request for information is pursuant to an ongoing
investigation by a government agency, the requesting agency
can stipulate that the business not be notified of the
request. If the user has claimed trade secret protection for
any of the information requested, the provisions of Section
4.12.080 shall apply to such information. A copy of each
application for release of information shall be entered into
each file requested to be viewed or copied, and shall become
a public record subject to later disclosure.
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ORDINANCE NO. 1551
2. In situations involving potential or actual
exposure to a hazardous material the Fire Chief shall within
two (2) working days of the exposed person's or his/her
physician's request, examine the records of any establishment
from which or within which the hazardous material may have
escaped containment. The Fire Chief shall release the
information contained in the Disclosure Form/Permit to the
requesting person within five (5) working days of the
person's request consistent with the requirements of Section
4.12.080 of this ordinance. In the event of a medical
emergency resulting from a hazardous material exposure, the
Fire Chief shall take all measures necessary to obtain the
information immediately.
3. In situations involving non -imminent public
health concerns, or request for large amounts of information,
the Fire Chief shall provide the information within a
reasonable period of time, given the nature and extent of the
report.
SECTION 4.12.080 Trade Secrets.
A. In addition to the requirements for Trade Secrets
contained in Chapter 6.95 of Division 20 of the California State
Health and Safety Code commencing with Section 25500, the
following shall apply:
1. The Fire Chief, in consultation with the City
Attorney, upon his or her own initiative or in response to an
application for release of information under Section
4.12.070, shall determine whether any or all of the
information designated by the user as a trade secret is
properly designated as a trade secret. If the Fire Chief
determines that any or all of the information is not a trade
secret, the following procedures shall be followed:
a. The Fire Chief shall notify the user by
certified mail, identifying the information determined
not to be a trade secret.
b. The user shall have fifteen (15) days
after receipt of the notification to provide the Fire
Chief with a statement of the grounds on which the trade
secret privilege is claimed, including any supporting
documentation in support of the claim. This statement
shall be submitted by certified mail.
C. The Fire Chief, in consultation with the
City Attorney, shall determine whether such information
is protected by a trade secret within fifteen (15) days
after receipt of the user's statement or, if no
statement is submitted, within thirty (30) days of the
original notice. The Fire Chief shall notify the user
and any party who has requested the information of the
determination. The final notice shall also specify a
date, not sooner than fifteen (15) days after the date
of mailing of the final notice, when the information
shall be made available to the public.
d. Prior to the date specified in the final
notice, the user may institute a legal proceeding in an
appropriate court for a declaratory judgment as to
whether such information is subject to protection as a
trade secret or for an injunction prohibiting disclosure
of the information. After notification of the Fire
Chief of such a proceeding, the information shall not be
disclosed pending final judgment in such proceeding.
ORDINANCE NO. 1551
e. The user and the public requesting the
information shall be considered the real parties in
interest in any legal action under this section, and the
City and its employees, if named, shall be disinterested
parties. The user shall hold harmless,defend,
reimburse, and indemnify (including payment of the
City's attorney fees) the City and its employees from
and against any claims or litigation filed as a result
of or in conjunction with the trade secret provisions of
this chapter.
2. Information certified by appropriate officials
of the United States, as necessarily kept secret for national
defense purposes, shall be accorded the full protection
against disclosure as specified by such official or in
accordance with the laws of the United States. In situations
involving such extremely sensitive materials, the Fire Chief
may issue a variance to omit the listing of certain
hazardous materials from the disclosure form or other forms
filed under this division in order to protect such materials
from inadvertent disclosure, provided that the user satisfies
the following requirements:
a. The user must demonstrate to the
satisfaction of the Fire Chief that the information
requested is,in fact classified as secret.
b. The user must demonstrate to the
satisfaction of the Fire Chief that there is a potential
for misuse if the hazardous materials or information
regarding them are made public.
C. The user must indicate on the appropriate
place on the disclosure form that a hazardous material
is being omitted from the form.
d. The user must provide the following
information from the MSDS for each hazardous material
omitted: fire and explosive hazard data; health hazard
data; reactivity data; spill or leak procedures; special
protection information; and special precautions.
e. The user must agree to an inspection of
all facilities by the Fire Chief to insure that all
hazardous materials are being handled in a safe manner.
f. The user must make precautions to allow
for immediate independent 24-hour access to the
hazardous materials records of the establishment by the
Fire Chief.
g. The user must establish to the Fire
Chief's reasonable satisfaction that an emergency
coordinator will be available on a 24-hour basis to
supply information on all hazardous materials at the
establishment to the Fire Chief.
h. The user must keep at least one listing
of hazardous materials omitted from the disclosure form
or other forms at a separate location from the
establishment.
i. The user may be required to pay a higher
permit fee or other fees to cover the extra costs of
additional inspections and administrative procedures
required by the above requirements.
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ORDINANCE NO. 1551
SECTION 4.12.090 Closure Plans.
A. Any business, which has previously been required
to submit a Hazardous Material Disclosure, shall submit a closure
plan to the Fire Chief or his designee at least 60 days prior to
the closure, relocation, sale or exchange of the business and/or
the real property on which the business is located.
B. The closure plan shall describe procedures for
terminating the storage of hazardous materials in each storage
facility in a manner that:
1. Minimizes the need for further maintenance;
and
2. Controls to the extent that a threat to public
health or safety or to the environment from residual
hazardous materials in the facility is minimized or
eliminated; and
3. Demonstrates that hazardous materials that
were stored in the facility will be removed, disposed of,
neutralized, or reused in an appropriate manner.
C. The closure plan shall include:
1. A current inventory statement,
2. Manifests or other documents detailing the
removal, disposal, or neutralization of the remaining
hazardous materials,
3. Sampling, which shall include provisions for
independent, third party analysis conducted by a professional
geologist, civil engineer, engineering geologist, chemical
engineer, certified laboratory registered or certified by the
State of California, or other such professional as accepted
by the Fire Chief, at the expense of the business owner,
4. Cleanup which shall include an affidavit,
under penalty of perjury, that no hazardous materials remain
on the site above a level approved by either the State of
California or the Federal Environmental Protection Agency.
D. Prior to closure, relocation, or sale all elements
of the closure plan shall be implemented.
E. If any business closes or relocates without
submitting and implementing a closure plan, in addition to the
Civil and Criminal penalties assessed the business, the property
owner shall be required to prepare and implement a closure plan
prior to reoccupying the site in any manner, either by themselves
or any other tenant.
SECTION 4.12.100 Response to Threatened or Actual Releases.
A. If a threatened, or actual release of a hazardous
material occurs in the absence of a business or property owner,
the Fire Chief or his designee shall make a reasonable attempt to
contact the business and/or property owner where the threatened
or actual release has occurred and shall require the immediate
mitigation of the hazard.
B. If there is no response or no contact is made with
a business or property owner within a reasonable time frame, the
Fire Chief or his designee shall take mitigating action which may
include, but is not limited to hazard removal or relocation,
clean-up, site evaluation, soil testing, and/or chemical analysis.
=WINE
ORDINANCE NO. 1551
C. The expense of securing any threatened, or actual
release of any hazardous material is a charge against the person
or firm who has controlling interest in the business or property
on or in which the threatened or actual release occurred.
Damages and expenses incurred by any public agency having
jurisdiction or any public agency assisting the agency having
jurisdiction shall constitute a debt of such person and shall be
collectable by the Fire Chief for proper distribution in the same
manner as in the case of an obligation under contract expressed or
implied. Expenses as stated above shall include, but not be
limited to, equipment and personnel committed and any payments
required by the public agency to outside business firms requested
by the public agency to secure the emergency.
SECTION 4.12.110 Fees.
A. The Fire Department shall charge fees for the
actual time spent in reviewing plans and conducting on-site
inspections. The fees will be for one hour minimum and to the
nearest 1/4 (quarter) hour including salary, fringe benefits, and
overhead costs. The Fire Department shall also charge for actual
expenses incurred for outside services plus overhead.
SECTION 4.12.120 Enforcement Officer - Authority.
A. The Fire Chief, or a designee, is authorized and
empowered to enforce the provision of this chapter, and to inspect
such activities as are regulated in this chapter for the purpose
of determining compliance with this chapter. No person shall
obstruct or interfere with the Fire Chief or designee(s) in the
performance of these duties. The Fire Chief shall be authorized
to issue citations for violations of this section, and to request
the City Attorney or the District Attorney to initiate civil or
criminal enforcement proceedings.
B. When the Fire Chief determines that a person or
establishment has engaged, is engaged, or is about to be engaged
in any acts or practices that constitute or will constitute a
violation of this chapter, the Fire Chief may request the City
Attorney or the District Attorney to apply to the Superior Court
of the County of Marin for an order enjoining the acts or
practices and/or directing compliance. This section does not
limit the authority of the City Attorney or District Attorney to
seek the same relief upon his or her own initiative.
SECTION 4.12.130 Violations: Penalties.
A. Any person who knowingly and willingly violates any
provision of this chapter, or attempts to impede the provisions of
this chapter, or attempts to impede the enforcement of this
chapter by the Fire Chief or his designee, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a
fine of not more than Five Hundred Dollars ($500.00), or by
imprisonment in the County Jail for not more than six (6) months,
or by both such fine and imprisonment.
B. Any establishment which violates any of Sections
4.12.040 or 4.12.050 shall be civilly liable to the City in an
amount of not more than Two Thousand Dollars ($2,000.00) for each
day in which the violation occurs. Furthermore, if the violation
results in, or significantly contributes to, an emergency,
including a fire, the establishment shall also be assessed the
full cost to the City of City's emergency response, as well as the
cost of cleaning up or disposing of the hazardous materials.
ORDINANCE NO. 1551
C. Any establishment which knowingly violates any of
Sections 4.12.040 or 4.12.050 after reasonable notice of the
violation shall be civilly liable to the City in an amount not to
exceed Five Thousand Dollars ($5,000.00) for each day in which the
violation occurs.
D. Any person or establishment found to have violated
any provision of this chapter shall be deemed guilty of a separate
offense for each and every day during any portion of which a
violation of this chapter is committed or continued by such
person.
E. The Fire Chief, or his designee, shall have the
authority, as the Administering Agency, to enforce all civil
liability and criminal violations of Chapter 6.95 of Division 20
of the California Health and Safety Code commencing with Section
25500.
DIVISION 2. All former ordinances or parts thereof
conflicting or inconsistent with the provisions of this ordinance or
the Code hereby adopted are hereby repealed.
DIVISION 3. If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of the ordinance. The Council hereby declares that it would have
passed each and every section, subsection, sentence, clause, or phrase
not declared invalid or unconstitutional without regard to whether any
portion of this ordinance would be subsequently declared invalid or
unconstitutional.
DIVISION 4. This ordinance shall be published once in full
before its final passage in a newspaper of general circulation,
published and circulated in the City of San Rafael, and shall be in
full force and effect thirty (30) days after its final passage.
AWRENCE E. MULRYAN, Ma or
Attest:
/y
J NE M. LEONC I, City Clerk
The foregoing Ordinance No. 1551 was read and introduced at
a regular meeting of the City Council of the City of San
Rafael, held on the 7th day of Nnvamhar , 1988, and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and will come up for adoption as an Ordinance of the City of San Rafael
at a reaular meeting of the Council to be held on the 71Gt
day of November , 1988.
JE �.LEONCINI,`City Clerk
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