Chapter 6.50
HAZARDOUS MATERIALS*
* Editor’s Note: Ordinance No. 86-23 superseded Ordinance No. 86-22 in entirety.
Sections:
Part I General Provisions*
* Editor’s Note: The section numbers in this part were originally designated as 6.50.10, 6.50.20, etc. They were editorially amended to be 6.50.010, 6.50.020, etc., at the direction of the city clerk at the time of the 1994 republication of this code.
6.50.010 Purpose.
6.50.020 General obligation – Safety and care.
6.50.030 Specific obligation.
6.50.040 Definitions.
6.50.050 Designation of a hazardous materials user.
6.50.060 Professional assistance for city determinations.
Part II Materials Regulated
6.50.100 Materials regulated.
6.50.110 Exclusions.
Part III Storage Of Hazardous Materials
6.50.200 Containment of hazardous materials.
6.50.210 New storage facilities.
6.50.220 Other storage facilities.
6.50.230 Out of service storage facilities.
6.50.240 Register of sales and deliveries.
IV Hazardous Materials Management Plan
6.50.300 The hazardous materials management plan.
6.50.310 Standard form HMMP.
6.50.320 Short form HMMP.
6.50.330 Additional information.
Part V Hazardous Materials Disclosure Form
6.50.400 Filing a hazardous materials disclosure form.
6.50.410 Content of the disclosure form.
6.50.420 Disclosure in emergency.
6.50.430 Exemption to disclosure.
6.50.440 Trade secrets and exemptions from public disclosure.
Part VI Responsibilities
6.50.500 The hazardous materials permit.
6.50.510 The hazardous materials management plan.
6.50.515 Unauthorized releases – Reporting.
6.50.520 Maintenance, repair or replacement.
6.50.525 Unauthorized releases – Repair of underground storage tanks.
6.50.530 Unauthorized releases – Cleanup responsibility.
6.50.535 Unauthorized releases – Payment for cleanup.
6.50.540 Unauthorized releases – Indemnification.
6.50.545 Handling, emergency procedures and access.
6.50.550 Public duty to report unauthorized releases.
6.50.555 Interagency reports of unauthorized releases.
Part VII Inspections and Records
6.50.600 Inspection – Authority.
6.50.610 Inspections.
6.50.620 Maintenance of records – City.
6.50.630 Maintenance of records – Applicant.
Part VIII Permit Process
6.50.700 Requirement for permit.
6.50.710 Required information for permit application.
6.50.720 Permit issuance, amendment and transfer.
6.50.730 Fees.
6.50.740 Notice and appeal procedure.
Part IX Enforcement
6.50.800 Revocation or suspension.
6.50.810 Criminal penalties.
6.50.820 Civil penalties.
6.50.830 Citizens’ rights to act.
6.50.840 Civil action for retaliation.
6.50.850 Remedies not exclusive.
Part X Miscellaneous
6.50.900 Duties are discretionary.
6.50.910 Disclaimer of liability.
6.50.920 Policies and procedures.
6.50.930 Conflict with other laws.
6.50.940 Severability.
6.50.950 Initial compliance schedule.
Part I General Provisions
6.50.010 PURPOSE.
The purpose of this chapter is the protection of health and life, the environment, and property by placing on the users of hazardous materials the obligation to minimize or eliminate the use of hazardous materials where possible, and to control releases, emissions or discharges of all hazardous materials, to properly handle all hazardous materials and to disclose their whereabouts.
(Ord. 86-23 § 2 (part), 1986).
6.50.020 GENERAL OBLIGATION – SAFETY AND CARE.
(a) No person or business shall cause, suffer, or permit the use, handling, or storage of hazardous materials in any of the following ways:
(1) In a manner which violates any provision of this chapter or any other local, federal, or state statute, code, rule, or regulation relating to hazardous materials;
(2) In a manner which harms or poses a significant risk of harm to the public health or adverse impact on the environment; or
(3) In a manner which causes an unauthorized discharge of hazardous materials or poses a significant risk of such unauthorized discharge.
(b) The health officer shall have the discretion to require an applicant to meet additional, modified or reduced requirements, where such action would be appropriate and consistent with achieving the general obligation of this chapter for protecting public health, safety and welfare.
(Ord. 86-23 § 2 (part), 1986).
6.50.030 SPECIFIC OBLIGATION.
(a) Any person or business which handles or stores or intends to handle or store a hazardous material shall obtain and keep current a hazardous materials permit pursuant to the provisions of this chapter, unless otherwise excluded by Part II of this chapter.
(b) All hazardous materials shall be contained in conformity with Part III of this chapter.
(c) All hazardous materials shall be disclosed in conformity with Part V of this chapter.
(Ord. 86-23 § 2 (part), 1986).
6.50.040 DEFINITIONS.
Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meaning set forth below:
(a) “Abandoned,” when referring to a storage facility, shall mean out of service and not safeguarded in compliance with this chapter.
(b) “Active ingredient” shall mean any compound included in a substance which is not classified as inert.
(c) “Business” shall mean an employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, association, city, county, district and the state, or any department or agency thereof to the extent allowed by law. For the purpose of this chapter, a business shall include both for profit and nonprofit business.
(d) “Carcinogen” shall mean a substance or agent which can cause cancer. Carcinogens are chemicals for which there is sufficient evidence of carcinogen in city as specified in guidelines prepared by the International Agency for Research on Cancer and updated by the hazardous evaluation system and information service of the department of health services.
(e) “CAS number” shall mean the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.
(f) “Chemical name” shall mean the scientific designation of a substance in accordance with the system developed by the Chemical Abstracts Service.
(g) “Common name” shall mean any designation or identification such as code name, code number, trade name or brand name used to identify a substance other than by its chemical name.
(h) “Control” shall mean to eliminate or minimize the use of hazardous material, or to prevent, mitigate, pretreat, remove or otherwise lessen the impact of an emission, discharge or release of hazardous material into the environment.
(i) “Disclosure form” shall mean the written request for information prepared by the health officer pursuant to Part V of this chapter.
(j) “Discharge” shall include, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping of a hazardous material into the environment.
(k) “Economic poison” shall mean any spray adjuvant, or any substance, or mixture of substances which is intended to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling or mitigating any and all insects, fungi, bacteria, weeds, rodents, predatory animals, or any other form of plant or animal life which is a pest which may infect or be detrimental to vegetation, man, animal, or household, or be present in any environment whatsoever.
(l) “Emit” shall mean to discharge or release into the atmosphere, or through the atmosphere, into the environment.
(m) “ERA waste stream code” shall mean the identification number assigned pursuant to the regulations of the U.S. Environmental Protection Agency to specific types of hazardous waste.
(n) “Facility” shall mean a building or buildings, appurtenant structures, and surrounding land used by a person or business at a single location or site.
(o) “Handle” shall mean to generate, treat, manufacture, produce, store, use, discharge, release, or emit a hazardous material in any fashion.
(p) “Hazard class” shall mean 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) definition in 49 CFR Part 173 as amended 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 or other regulated activity under this chapter.
(q) “Hazardous material or hazardous substance” shall mean any material which is subject to regulation pursuant to Part II of this chapter. A mixture shall be deemed to be a hazardous material or substance if it either is a waste or nonwaste and contains any material regulated pursuant to Part II of this chapter, in amounts sufficient to be potentially detrimental to the public health or environment as determined by the health officer.
(r) “Hazardous materials audit” shall mean the efforts undertaken to outline the handling of each hazardous material pursuant to Part IV of this chapter.
(s) “Health officer” shall mean the fire chief of the city of Santa Cruz or his/her representative or designee.
(t) “Monitor” shall mean to perform a test, sample or otherwise check a release, emission, discharge or handling activity to ensure compliance with standards set pursuant to any provision of this chapter or any other law regarding the handling of hazardous materials.
(u) “MSDS” shall mean a material safety data sheet prepared pursuant to Section 6390 of the California Labor Code or pursuant to the regulations of the Occupational Safety and Health Administration of the U.S. Department of Labor.
(v) “Owner” shall mean the owner of a storage tank or facility.
(w) “Operator” shall mean the operator of a storage tank or facility.
(x) “Permit” shall mean any hazardous materials permit issued pursuant to this chapter, as well as any additional approvals, amendments or revisions thereto.
(y) “Permit quantity limit” shall mean the maximum amount of hazardous material that can be stored in a storage facility. Separate permit quantity limits will be set for each storage facility for which a permit is obtained in accordance with the requirements of this chapter.
(z) “Pipe” shall mean any pipeline or system of pipelines which is used in connection with the storage of hazardous substances and which is not intended to transport hazardous substances in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel.
(aa) “Primary containment” shall mean the first level of containment, i.e., the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained.
(bb) “Process” shall mean a series of steps, actions, operations or treatments utilizing a hazardous material.
(cc) “Product-tight” shall mean impervious to the substance which is contained, or is to be contained, so as to prevent the seepage of the substance from the primary containment. To be product-tight, the storage container shall not be subject to physical or chemical deterioration by the substance which it contains over the useful life of the storage container.
(dd) “Property” shall mean any land improvements owned, leased, possessed or under the direct control of the user.
(ee) “Release” shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of a hazardous material into the environment.
(ff) “Remove” shall mean the cleanup or removal of released hazardous materials or environmental media contaminated by released hazardous materials; such actions as may be necessary to monitor, assess or evaluate the release of hazardous materials; or the taking of other such actions as may be necessary to mitigate damage to the public health and the environment.
(gg) “Reproductive toxin” shall mean a substance or agent which can affect reproduction functions causing birth defects, spontaneous abortions, impaired spermatogenesis, reduced fertility and/or intrauterine growth retardation as specified in guidelines prepared by the Hazard Evaluation System and Information Service of the Department of Health Services.
(hh) “Secondary containment” shall mean the level of containment external to and separate from the primary containment.
(ii) “SIC code” shall mean the identification number assigned by the Standard Identification Classification Code to specific types of businesses.
(jj) “Significant change” shall mean any change resulting in or potentially resulting in an increase or change in the type, volume or location of storage, use, release, emission, or discharge of a hazardous material.
(kk) “Single-walled” shall mean construction with walls made of but one thickness of material. Laminated, coated, or clad materials shall be considered as single-walled.
(ll) “Special inspector” shall mean a professional engineer registered pursuant to the Business and Professions Code, who is qualified to attest, at a minimum, to structural soundness, seismic safety, the compatibility of construction materials with contents, cathodic protection, and the mechanical compatibility of the structural elements, or any other qualified specialist in the field of hazardous materials.
(mm) “Standard temperature and pressure (STP)” shall mean a temperature of zero degrees centigrade and a pressure of one atmosphere.
(nn) “Storage or store” shall mean the containment, handling or treatment of hazardous substances, either on a temporary basis or for a period of years.
(oo) “Storage facility” or “storage container” shall mean any one, or combination of, tanks, sumps, wet floors, waste treatment facilities, pipes, vaults or other portable or fixed containers, used, or designated to be used, for the storage of hazardous materials at a facility.
(pp) “Sump” shall mean a pit or well in which liquids collect.
(qq) “Tank” shall mean a device designed to contain an accumulation of hazardous materials or substances which is constructed primarily of nonearthen materials (e.g., wood, concrete, steel, plastic) which provides structural support.
(rr) “UN/NA numbers” shall mean United Nations/North American identification numbers assigned to hazardous materials.
(ss) “Unauthorized discharge or unauthorized release” shall mean any release, discharge, or emission of any hazardous substance which does not conform to the provisions of this chapter.
(tt) “Underground storage tank or underground storage facility” shall mean any one or combination of tanks, including pipes connected thereto, which is used for the storage of hazardous materials and which is substantially or totally beneath the surface of the ground. “Underground storage tank or facility” does not include tanks used for the storage of hazardous materials which are for the control of external parasites of cattle and subject to the supervision of the county agricultural commissioner, provided that the county agricultural commissioner determines, by inspection prior to use, that the tank provides a level of protection equivalent to that required by Section 25291 of the State Health and Safety Code if the tank was installed after June 30, 1984, or protection equivalent to that provided by Section 25292 of the State Health and Safety Code if the tank was installed on or before June 30, 1984.
(uu) “Use” shall mean to generate, produce, manufacture, treat, or store hazardous material(s).
(vv) “User” shall mean any person or business which handles a hazardous material.
(ww) “Wet floor” shall mean a floor which is used to routinely collect, contain or maintain standing liquids on a more or less continuous basis.
(Ord. 86-23 § 2 (part), 1986).
6.50.050 DESIGNATION OF A HAZARDOUS MATERIALS USER.
A person or business handling a hazardous material in a manner, or in a sensitive location, such as to pose a present or potential harm to human health and life, or the environment, is a hazardous materials user, in addition to those persons or businesses defined as hazardous materials users in accordance with the definitions contained in Section 6.50.040.
(Ord. 86-23 § 2 (part), 1986).
6.50.060 PROFESSIONAL ASSISTANCE FOR CITY DETERMINATIONS.
Whenever the approval or satisfaction of the health officer may be required in this chapter for the design, monitoring, testing or other technical submittal by an applicant or permittee, the health officer may, in his/her discretion, rely on properly certified data, facts, documents, and/or other evidence provided by the applicant, or may, at such applicant’s or permittee’s sole cost or expense, retain a suitably qualified independent engineer, chemist, toxicologist, industrial hygienist, or other appropriate professional consultant, acceptable to the health officer to provide professional assistance to the health officer in making any determination required by the provisions of this chapter. The health officer shall be entitled to rely on and shall give due weight to such evaluation and/or opinion of such engineer, chemist, toxicologist or industrial hygienist or other appropriate consultant in making the relevant determinations provided for in this chapter.
(Ord. 86-23 § 2 (part), 1986).
Part II Materials Regulated
6.50.100 MATERIALS REGULATED.
All of the following liquid, solid and gaseous substances are subject to regulation by this chapter as hazardous materials:
(a) Any substance or product for which the manufacturer or producer is required to prepare a material safety data sheet for the substance or product pursuant to the Hazardous Substances Information and Training Act (commencing with Section 6360, Chapter 2.5, Part 1 of Division 5 of the California Labor Code) or pursuant to any applicable federal law or regulation;
(b) Any substance or product which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, maintained and updated by the nuclear regulatory commission;
(c) Any substance or product which is a “hazardous waste” or an “extremely hazardous waste” as defined by Sections 25115 and 25117 of the California Health and Safety Code;
(d) Substances on the list prepared by the director of the Department of Industrial Relations pursuant to Section 6382 of the Labor Code;
(e) Hazardous substances, as defined in Section 25316 of the Health and Safety Code;
(f) Any material which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a Class II combustible liquid, or a Class III-A combustible liquid;
(g) The comprehensive master list of hazardous materials compiled by the State Department of Health Services pursuant to Health and Safety Code Section 25282;
(h) Any material which has been determined to be hazardous based on any appraisal or assessment by or on behalf of the party storing the material in compliance with the requirements of the Environmental Protection Agency (EPA) or the California Department of Health Services, or which should have been, but was not, determined to be hazardous due to the deliberate failure of the party storing the material to comply with the requirements of the EPA and/or the fire department services;
(i) Any material which is listed on the list of EPA pollutants, 40 Code of Federal Regulations, Section 401.15, as amended;
(j) Any material which has been determined by the party storing it, through testing or other objective means, to be likely to create a significant potential or actual hazard to public health, safety or welfare. This subsection shall not establish a requirement to test for the purposes of this chapter;
(k) Economic poisons stored in bulk quantities at off-farm locations; or
(l) Any material determined to be hazardous by the health officer, subsequent to a review by the city council after public notice and a public hearing, based on a finding that the material, 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 community.
(Ord. 86-23 § 2 (part), 1986).
6.50.110 EXCLUSIONS.
(a) Hazardous materials contained solely in consumer products packaged for distribution to and used by the general public shall be exempt from this chapter unless the health officer has provided notice that the storage of certain quantities of specified consumer products requires compliance with this chapter to protect the public health.
(b) The health officer shall exempt any material from the requirements of this chapter where it has been demonstrated to the satisfaction of the health officer that the material in the quantity and/or solution stored and/or used does not present a significant actual or potential hazard to the public health, safety and welfare.
(Ord. 86-23 § 2 (part), 1986).
Part III Storage of Hazardous Materials
6.50.200 CONTAINMENT OF HAZARDOUS MATERIALS.
(a) No person or business shall store any hazardous materials regulated by this chapter until a hazardous materials permit has been issued pursuant to this chapter. No permit shall be granted pursuant to this chapter unless the permit applicant demonstrates to the satisfaction of the health officer by the submission of appropriate plans and other information that the design and construction of the storage facility will result in a suitable manner of storage for the hazardous material or materials to be contained therein.
(b) All installation, construction, repair or modification, closure, and removal of hazardous materials storage facilities shall be to the satisfaction of the health officer. The health officer shall have the discretion to impose reasonable additional or different requirements in order to better secure the purpose and general obligation of this chapter for protection of public health, safety and welfare.
(c) No person or business shall construct or install any new storage facility until a permit or approval has been issued pursuant to this chapter.
(Ord. 86-23 § 2 (part), 1986).
6.50.210 NEW STORAGE FACILITIES.
Every underground storage tank installed after January 1, 1984, and every other storage facility installed after the effective date of the ordinance codified in this chapter shall meet the following requirements:
(a) The storage facility shall be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in them in accordance with the following performance standards:
(1) Primary containment shall be product-tight.
(2) Secondary containment shall be provided, and shall be constructed to prevent structural weakening of contact with any released hazardous substances and also shall be capable of storing the hazardous substances for the maximum anticipated period of time necessary for the recovery of any released hazardous substance.
(3) In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least one hundred ten percent of the volume of the primary container.
(4) In the case of multiple primary containers, the second container shall be large enough to. contain one hundred fifty percent of the volume of the largest primary container placed in it, or ten percent of the aggregate internal volume of all primary containers, whichever is greater.
(5) If the storage facility is open to rainfall, then the secondary containment must be able to additionally accommodate the volume of a twenty-four hour rainfall as determined by a one-hundred-year storm history.
(6) Secondary containment for storage facilities for materials which react with water to produce hazardous gas or vapor shall not be open to rainfall.
(7) Single-walled containers do not fulfill the requirement of a storage container providing for both primary and secondary containment. Laminated, coated or clad materials shall be considered single-walled and shall not be construed to fulfill the requirements of both primary and secondary containment.
(b) The storage facility shall be designed and constructed with a monitoring system capable of detecting the entry of the hazardous material stored in the primary containment into the secondary containment. If water could intrude into the secondary containment, a means of monitoring for water intrusion and for safely removing the water shall also be provided.
(c) When required by the health officer, a means of overfill protection shall be provided for any primary container, including but not limited to an overfill prevention device or an attention-getting higher level alarm, or both.
(d) Different substances that in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container, shall be separated in both the primary and secondary containment so as to avoid potential intermixing.
(e) If water could enter into the secondary containment by precipitation or infiltration, the storage facility shall contain a means of water removal by the owner or operator. This removal system shall prevent uncontrolled removal of this water, provide a means of analyzing the removed water for hazardous substance contamination and provide a means of disposing of the water, if so contaminated, at an authorized disposal facility, or in an otherwise authorized manner.
(f) In addition to the requirements set forth in subsections (a) through (e) of Section 6.50.210, underground storage facilities shall meet the following requirements:
(1) Before an underground storage facility is covered, enclosed, or placed in use, the standard installation testing for requirements for underground storage systems specified in Section 2-7 of the flammable and combustible liquids code, adopted by the National Fire Protection Association, (NFPA 30) as amended and published in the respective edition of the uniform fire code, shall be followed.
(2) Before an underground storage facility is placed in service, the underground storage system shall be tested in operating condition using a precision test as defined in National Fire Protection Association Pamphlet 329, “Recommended Practice for Handling Underground Leakage of Flammable and Combustible Liquids,” as amended for proving the integrity of an underground storage tank.
(3) If an underground storage facility is designed to maintain a water level in the secondary containment, the facility shall be equipped with a safe method of removing any excess water to a holding facility and the owner or operator shall inspect the holding facility monthly for the presence of water overflow. If excess water is present in the holding facility, the permittee shall provide a means to analyze the water for hazardous substance contamination and a means to dispose of the water, if so contaminated, at an authorized disposal facility.
(Ord. 86-23 § 2 (part), 1986).
6.50.220 OTHER STORAGE FACILITIES.
For every underground storage tank installed on or before January 1, 1984, and every other storage facility installed before the effective date of the ordinance codified in this chapter, and used for the storage of hazardous substances the following actions shall be taken on or before July 1, 1986 for every underground storage facility and on or before January 1, 1987 for every other storage facility:
(a) The owner shall outfit the storage facility with a monitoring system capable of detecting unauthorized releases of any hazardous substances stored in the storage facility, and thereafter, the operator shall monitor each storage facility, based on materials stored and the type of monitoring installed.
Exception: Where underground storage tanks are seven years of age or older, and initial vapor/soil borings analysis indicate the presence of motor fuel, or other hazardous substance in the ground or water, the existing storage tanks shall be removed and the storage facility shall be made to comply with all provisions of Section 6.50.210 (new storage facilities)
(b) The owner shall provide a means for visual inspection of the storage facility wherever practical, for the purpose of the monitoring required by Section 6.50.220(a). Alternative methods of monitoring on a monthly, or more frequent basis, may be required by the health officer. The alternative monitoring methods include, but are not limited to the following methods:
(1) For underground tanks, precision testing as defined in National Fire Protection Association Pamphlet 329, “Recommended Practice for Handling Underground Leakage of Flammable and Combustible Liquids,” as amended for proving the integrity of an underground storage tank and piping system at time intervals specified by the health officer;
(2) A groundwater monitoring well or wells which are downgradient and adjacent to the storage tank or facility, vapor analysis within a well where appropriate, and analysis of soil borings at the time of initial installation of the well. The health officer shall approve the location and number of wells, the depth of wells, and the sampling frequency, pursuant to the policies and procedures promulgated by the health officer;
(3) A continuous leak-detection and alarm system which is located in monitoring wells adjacent to the storage tank or facility and which is approved by the health officer;
(4) For monitoring tanks containing motor vehicle fuels, daily gauging and inventory reconciliation by the operator, if all of the following requirements are met:
(A) Inventory records are kept on file for one year and are reviewed quarterly,
(B) If a pressurized pump system is connected to the tank, the system has a leak detection device to monitor leaks in the piping,
(C) For underground tanks, testing is conducted using the precision test as defined by the National Fire Protection Association Pamphlet 329, “Recommended Practice for Handling Underground Leakage of Flammable and Combustible Liquids,” as amended for proving the integrity of an underground storage tank at time intervals specified by the health officer whenever there is a shortage greater than the amount which the health officer shall specify by regulation.
(Ord. 86-23 § 2 (part), 1986).
6.50.230 OUT OF SERVICE STORAGE FACILITIES.
(a) No storage facility shall be abandoned.
(b) No person or business shall close or temporarily cease operating a hazardous materials storage facility without first obtaining a written permit or approval from the health officer. The health officer shall provide a form which requests the information demonstrating that the requirements of this section will be met.
(c) Any storage facility may be temporarily taken out of service due to an emergency. The health officer shall be notified of any such emergency as soon as practically possible.
(d) A storage facility which is temporarily taken out of service, but which the operator intends to return to use, shall continue to be subject to all the permit, inspection, and monitoring requirements of this chapter, unless the operator complies with the provisions of subsection (e) of this section for the period of time the facility is not in use.
(e) No person or business shall permanently close a storage facility unless the person or business undertakes all of the following actions.
(1) Demonstrates to the health officer that all residual amounts of the hazardous substance or hazardous substances which were stored in the facility prior to its closure have been removed, properly disposed of, and/or neutralized;
(2) Adequately seals any storage facility which is to remain in place in a manner to minimize any threat to the public safety and the possibility of water intrusion into, or runoff from, the facility;
(3) Provides for, and carries out, the maintenance of the facility as the health officer determines is necessary, for the period of time the health officer requires or until it has been demonstrated to the satisfaction of the health officer that all residual amounts of hazardous substances have been removed, properly disposed of, and/or neutralized;
(4) Demonstrates to the health officer that there has been no significant soil contamination resulting from a discharge in the area surrounding the storage facility.
(f) Any storage facility out of service for a period of one year shall be deemed to be permanently closed and shall be subject to the requirements of Section 6.50.230(e) unless the facility is removed.
(g) Any person or business having an interest, including a leasehold interest, in real property and having a reason to believe that an abandoned storage facility is located upon such property shall make a reasonable effort to locate such storage facility and report the same to the health officer within ten days of discovery.
(Ord. 86-23 § 2 (part), 1986).
6.50.240 REGISTER OF SALES AND DELIVERIES.
(a) Every person or business in the business of selling, supplying, delivering, or otherwise transferring a hazardous material, including but not limited to motor vehicle fuels, fuel products, and heating oils (hereinafter referred to as “regulated material”), to be stored in any storage facility subject to the provisions of this part, whether such sale, supply, delivery, or transfer is wholesale or retail, shall keep and maintain a register in which shall be entered the following information:
(1) The name and address of each person or business receiving the regulated material;
(2) The address where the regulated material was received or stored upon completion of the transaction;
(3) The common name, chemical name and quantity of the regulated material sold, supplied, delivered or transferred;
(4) The date of such sale, supply, delivery, or transfer.
(b) On or before the first day of June, 1986 and every six months thereafter, the person or business keeping and maintaining a register as provided in subsection (a) of this section shall forward to the health officer a copy of all entries in the register made subsequent to the last copy so forwarded.
(c) All records required by this section shall be maintained by the person or business keeping them for a period of not less than five years. These records shall be made available to the health officer upon request during normal working hours and with reasonable notice.
(Ord. 86-23 § 2 (part), 1986).
Part IV Hazardous Materials Management Plan
6.50.300 THE HAZARDOUS MATERIALS MANAGEMENT PLAN.
Each applicant for a permit pursuant to this chapter shall file a written plan, for the health officer’s approval, to be known as a Hazardous Materials Management Plan (HMMP), which shall demonstrate the safe handling and control of hazardous materials. The standard form of HMMP as set forth in Section 6.50.310 must be filed unless the user qualifies to file a short form HMMP pursuant to Section 6.50.320. The HMMP may be amended at any time with the consent of the health officer. Those hazardous materials users that frequently initiate significant changes, as defined in Section 6.50.040 and referred to in Section 6.50.400, in the handling of one or more hazardous materials should indicate that information in the plan, or file an amended plan in connection with each significant change. The HMMP shall be a public record, except for items designated as trade secrets in accordance with the provisions of Section 6.50.440 and except for the information contained in the general facility description and the facility storage map or line drawing of the facility, as herein provided.
(Ord. 86-23 § 2 (part), 1986).
6.50.310 STANDARD FORM HMMP.
The standard form HMMP shall consist of the following:
(a) Facility Information:
(1) General Information. The standard form HMMP shall contain the name and address of the facility and business phone number of applicant, the name and titles and emergency phone numbers of the primary response person and two alternates, the number of employees, number of shifts, hours of operation, and principal business activity.
(2) General Facility Description.
(A) The standard form HMMP shall contain a map drawn at a legible scale and in a format and detail determined by the health officer. It shall show the location of all buildings and structures, chemical loading areas, parking lots, internal roads, storm and sewer drains, and shall specify the uses of adjacent properties.
(B) The health officer may also require information as to the location of wells, floodplains, earthquake faults, surface water bodies, and/or general land uses (schools, hospitals, institutions, residential areas) within one mile of the facility boundaries.
(3) Facility Storage Map.
(A) The Standard Form HMMP shall contain a facility storage map at a legible scale for licensing and enforcement purposes. The information in this section is provided for purposes of ensuring the suitable and secure storage of hazardous materials and for the protection and safety of emergency response personnel.
(B) The facilities storage map shall indicate the location of each hazardous materials storage facility, including all interior, exterior and underground storage facilities, and access to such storage facilities. In addition, the map shall indicate the location of emergency equipment related to each storage facility, and the general purpose of the other areas within each facility.
(C) For each storage facility, the map shall contain information as prescribed below, except that where the hazardous material being stored is a trade secret as defined in Section 6.50.440, it shall be identified in a coded manner (together with its key) and not in a manner which would reveal trade secret information:
(i) A floor plan to scale and permit quantity limit;
(ii) For each hazardous material the general chemical name, common/trade name, major constituents for mixtures, United Nations (UN) or North American (NA) number, if available, and physical state;
(iii) For all hazardous materials, including wastes, stored in each storage facility, the hazard class or classes and the quantity for each such class;
(iv) For tanks, the capacity limit of each tank, and the hazardous material contained in each tank by general chemical name, common/trade name, major constituents for mixtures, United Nations (UN) or North American (NA) number, if available, and physical state.
The facility storage map shall be updated annually or whenever an additional approval is required for the facility.
(b) Hazardous Materials Audit. Hazardous materials users shall provide the health officer, and themselves, with a hazardous materials audit of each process using a hazardous material or materials. The audit shall include:
(1) A list of all hazardous materials that will be stored, produced or used in production, assembly and cleaning processes (a copy of the Hazardous Materials Disclosure Form as provided in Part IV herein may satisfy the requirements of this subparagraph);
(2) Estimates of the type and volume of hazardous materials that will be incorporated into final products discharged into the sewer, released into the air, or transformed into hazardous wastes; and
(3) A description of the methods to be utilized to ensure separation and protection of stored hazardous materials from factors which may cause a fire or explosion, or the production of a flammable, toxic, or poisonous gas, or the deterioration of the primary or secondary containment.
(c) Control of Emissions, Discharges, and Releases. The standard form HMMP shall indicate the measures employed to control emissions, discharges and releases of each hazardous material, by:
(1) Showing that the user has a permit or license from the appropriate regulatory agency;
(2) Explaining how the user adheres to existing laws, statutes, standards or regulations that do not require a permit or license, but do specifically cover the handling of each hazardous material and specifically require its control;
(3) Documenting measures that will be employed to control the hazardous material in such a manner as to present the least acute or chronic hazard or risk to public health, and/or least damage to the environment, including, but not limited to:
(A) The best available control technologies practicable, or
(B) Changes in process and manufacturing strategies to eliminate, minimize or reduce handling of the hazardous material;
(4) Demonstrating the adequacy of:
(A) Contingency plans for spills and unauthorized emissions, discharges and releases of the hazardous material, and
(B) Employee training and equipment for proper handling of hazardous materials, and in response to all emergencies involving the hazardous material.
(5) Upon a showing the environmental fate of the hazardous material is such that it presents no harm or potential of harm to human health or to the environment, the HMMP need not indicate the measures employed to control emissions, discharges, and releases of such hazardous material.
(d) Monitoring Plan. For each hazardous material used, the user shall document the efforts to verify that the hazardous materials will be controlled in accordance with all other elements of the HMMP:
(1) These efforts shall include, but are not limited to:
(A) Sampling of emissions discharges and releases;
(B) Self-inspections of storage, manufacturing, and transportation operations; and
(C) Testing of emergency procedures.
(2) These efforts shall take place in such a manner as to:
(A) Include sampling, self-inspections and monitoring at those times during the production process when the highest volume discharges and the highest probable concentrations of hazardous materials are likely to occur;
(B) Monitor, inspect or sample all hazardous materials used in the manufacturing process which have any potential for appearing in wastewater discharge; and
(C) Include periodic random sampling, monitoring or inspection.
(e) Recordkeeping Forms. The standard form HMMP shall contain an inspection check sheet or log designed to be used in conjunction with routine inspections. The check sheet or log shall provide for the recording of the date and time of inspection and, for monitoring activity, the date and time of any corrective action taken, the name of the inspector, and the countersignature of the designated safety manager for the facility or the responsible official as designated in the HMMP.
(Ord. 86-23 § 2 (part), 1986).
6.50.320 SHORT FORM HMMP.
(a) Any user handling, at any one time, an aggregate amount of less than five hundred pounds of solids or fifty-five gallons of liquids or two hundred cubic feet of a gaseous material at standard temperature and pressure, or a product or formulation containing a hazardous material may opt to file the short form HMMP unless the health officer has provided notice that he or she has lowered the weight or volume limits for a specific hazardous material to protect the public health.
(b) The short form HMMP shall consist of the following:
(1) The short form HMMP shall contain the name and address of the facility and business phone number of applicant, the name and titles and emergency phone numbers of the primary response person and two alternates, the number of employees, number of shifts, hours of operation, and principal business activity;
(2) The short form HMMP shall contain a simple line drawing of the facility showing the location of the use or storage facilities and indicating the hazard class or classes and physical state of the hazardous materials being used or stored and whether any material is a waste;
(3) The short form HMMP shall also indicate the use and/or storage of any quantity of any carcinogen or reproduction toxin as defined in this chapter;
(4) Information indicating that the hazardous materials will be stored in a suitable manner and that they will be appropriately contained, separated and monitored;
(5) A description of adequate contingency plans for spills and unauthorized emissions, discharges, and releases of the hazardous material and, employee training and equipment for proper handling of hazardous materials, and in response to all emergencies involving the hazardous materials;
(6) Assurance that the disposal of any hazardous materials will be in an appropriate manner.
(c) Any user filing a short form HMMP pursuant to this section shall also maintain a recordkeeping form upon which any repair of a storage container or facility shall be noted. The recordkeeping form shall be maintained at the facility and shall be subject to review by the health officer.
(Ord. 86-23 § 2 (part), 1986).
6.50.330 ADDITIONAL INFORMATION.
In addition to the hazardous materials management plan, the health officer may request whatever additional information he/she deems necessary to protect the public health. The additional information that must be provided upon request by the health officer may include, but is not limited to the following:
(a) Diagrams showing the flow of all hazardous materials through each step of any production, assembly or cleaning process;
(b) Diagrams and descriptions of all processes that produce wastewaters, air emissions, or hazardous wastes;
(c) Diagrams and descriptions of all treatment processes for hazardous materials, including information on their efficiency in removing or destroying hazardous contaminants; and
(d) A description of the methods to be used to eliminate or minimize the use of hazardous materials at the proposed facility and in the proposed processes, including a discussion of alternative processes which could be used to eliminate or minimize the use of hazardous materials and a justification for selection of the processes proposed to be used, if the processes proposed do not provide for the maximum possible elimination or minimization of the use of hazardous materials.
(Ord. 86-23 § 2 (part), 1986).
Part V Hazardous Materials Disclosure Form
6.50.400 FILING OF A HAZARDOUS MATERIALS DISCLOSURE FORM.
(a) Any user required to file a standard form HMMP pursuant to Section 6.50.310 shall submit a completed disclosure form to the health officer by January 1st of each year.
(b) In addition, any such user shall file an amended disclosure form detailing the handling and other information requested on the form within sixty days of any:
(1) Significant change in the handling of a hazardous material;
(2) New handling of a previously undisclosed hazardous material;
(3) Change of business address;
(4) Change of business ownership; or
(5) Change of business name.
(Ord. 86-23 § 2 (part), 1986)
6.50.410 CONTENT OF THE DISCLOSURE FORM.
The disclosure form shall include the following:
(a) Identification information, including but not limited to name, address and assessor’s parcel number;
(b) A copy of the MSDS for every hazardous material used by the person or business completing the disclosure form unless the MSDS has been previously filed pursuant to the requirements of this chapter or does not exist;
(c) A listing of the chemical name, any common names, hazard class and the CAS number and/or UN/NA number of every hazardous material handled by the person or business completing the disclosure form;
(d) The EPA waste stream code, if available, of every hazardous waste handled by the person or business completing the disclosure form;
(e) Identification of any material used or stored that is a carcinogen or reproductive toxin as defined in this chapter;
(f) The estimated maximum amount of each hazardous material disclosed in either subsections (b) or (c) of this section which is handled at any one time by the user over the course of the year;
(g) Sufficient information on how and where the hazardous materials disclosed in subsections (b) and (c) of this section are handled by the user to allow fire and safety personnel to prepare adequate emergency responses to potential releases of the hazardous materials; and
(h) The SIC code of the business, if applicable.
(Ord. 86-23 § 2 (part), 1986).
6.50.420 DISCLOSURE IN EMERGENCY.
In an emergency, all users must immediately provide, upon request, information beyond that specifically required in the disclosure form to the agency or jurisdiction during the emergency if that agency has determined that such information is necessary to protect health and safety or the environment.
(Ord. 86-23 § 2 (part), 1986).
6.50.430 EXEMPTION TO DISCLOSURE.
A substance designated as a hazardous material by this chapter solely by its presence on the Nuclear Regulatory Commission list of radioactive materials shall be exempt from the requirement that an MSDS be submitted with the disclosure form.
(Ord. 86-23 § 2 (part), 1986.
6.50.440 TRADE SECRETS AND EXEMPTIONS FROM PUBLIC DISCLOSURE.
(a) If a user believes that a request for information contained in the disclosure form or the HMMP involves the release of a trade secret, the user shall complete the documents nonetheless, but shall notify the health officer in writing of that information in the documents that the user believes involves the release of a trade secret. As used herein, trade secret shall have the meaning given to it by Section 6254.7 of the Government Code and Section 1060 of the Evidence Code.
(b) Subject to the provisions of this chapter, the health officer shall exempt from public disclosure any and all information coming into his or her possession which is claimed to involve the release of a trade secret, pursuant to subsection (a) of this section.
(c) Subject to the provisions of this chapter, the health officer shall also exempt from public disclosure that portion of a hazardous materials disclosure form, the HMMP or other record on file which states the precise location where hazardous materials are stored or handled.
(d) Any information reported to or otherwise obtained by the health officer, or any of his or her representatives or employees, which is exempt from disclosure pursuant to subsections (b) or (c) of this section shall not be disclosed to anyone except:
(1) An officer or employee of the city, county, the state of California, or the United States of America, in connection with the official duties of such officer or employee under any law for the protection of health, or to contractors with the city and their employees if in the opinion of the health officer such disclosure is necessary and required for the satisfactory performance of a contract of work, or to protect the health and safety of the employees of the contractor; or
(2) To a physician when the health officer determines that such information is necessary for the medical treatment of the physician’s patient.
(e) For the purpose of this section, fire and emergency response personnel and county health personnel operating within the jurisdiction of the city shall be considered employees of the city.
(f) Information claimed as a trade secret must be disclosed to a physician by the health officer when the physician requests such information for the purpose of treating a patient. Any physician who, by virtue of his or her treating a patient has possession of or access to information the disclosure of which is prohibited by this section, and who, knowing that disclosure of this information is prohibited, discloses the information in any manner to any person not entitled to receive it, shall be guilty of a misdemeanor.
(g) Any officer or employee of the city or former officer or employee who, by virtue of such employment has possession of or access to information the disclosure of which is prohibited by this section, and who, knowing that disclosure of this information is prohibited, discloses the information in any manner to any person not entitled to receive it, shall be guilty of a misdemeanor. Any contractor with the city and any employee of such contractor, who has been furnished information as authorized by this section, shall be considered to be an employee of the city for purposes of this section.
(h) 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.
(i) Upon receipt of a request for the release of information to the public which includes information which the user has notified the health officer is a trade secret pursuant to subsection (a) of this section, the health officer shall notify the user in writing of said request by certified mail. The health officer shall release the information, forty-five days after the day of mailing said notice unless, prior to the expiration of said forty-five days, the user institutes an action in an appropriate court for a declaratory judgment that such information is subject to protection under subsection (b) of this section and obtains a temporary restraining order or preliminary or permanent injunction prohibiting disclosure of said information to the general public.
(Ord. 86-23 § 2 (part), 1986).
Part VI Responsibilities
6.50.500 THE HAZARDOUS MATERIALS PERMIT.
Any person or business which is a hazardous material user within the jurisdiction boundaries of the city of Santa Cruz shall obtain and keep current a hazardous materials permit, hereinafter referred to as a permit, which may include but is not limited to the following elements:
(a) A hazardous materials management plan;
(b) A hazardous materials disclosure form.
(Ord. 86-23 § 2 (part), 1986).
6.50.510 THE HAZARDOUS MATERIALS MANAGEMENT PLAN.
(a) All permittees shall handle, control and store hazardous materials in accordance with the provisions of the hazardous materials management plan (HMMP) approved by the health officer.
(b) Records of monitoring, inspections, and sampling results produced pursuant to a monitoring plan that is part of a HMMP approved by the health officer shall be kept and made available to the health officer for inspection at all times.
(Ord. 86-23 § 2 (part), 1986).
6.50.515 UNAUTHORIZED RELEASES – REPORTING.
(a) Any unauthorized release from the primary containment which the operator is able to clean up within eight hours after the release was detected should reasonably have been detected and which does not escape from the secondary containment, does not increase the hazard of fire or explosion, and does not cause any deterioration of the secondary containment, shall be recorded on the operator’s monitoring reports. Such unauthorized releases shall be reported to the health officer within five business days.
(b) Any unauthorized release which escapes from the secondary containment, or from the primary containment, if no secondary containment exists, increases the hazard of fire or explosion, or causes any deterioration of the secondary containment shall be reported by the operator to the health officer immediately after the release has been detected or should have been detected under the provisions of the permittee’s HMMP. Any unauthorized release which is not cleaned up within eight hours after the release has been detected or should reasonably have been detected, shall be reported by the operator to the health officer immediately. A full written report shall be transmitted by the owner or operator of the storage facility within five working days of the occurrence of the release.
(c) Whenever a material balance or other inventory record indicates a loss of hazardous material, but no unauthorized discharge has been confirmed by other means, the permittee shall have five working days to determine whether there has been an unauthorized discharge. If, before the end of such period, it is determined that there has been no unauthorized discharge, an entry explaining the occurrence shall be made in permittee’s monitoring records. If, before the end of such period, it is determined that there has been an unauthorized discharge or when permittee has not been able, within such period, to determine whether or not there has been an unauthorized discharge, an unauthorized discharge shall be deemed confirmed and permittee shall proceed in accordance with subsection (b) of this section.
(d) Whenever any test results suggest a possible unauthorized discharge, but no unauthorized discharge has been confirmed by other means, the permittee shall have five working days to retest. If second test results obtained within that period establish that there has not been an unauthorized discharge, the results of both tests shall be recorded in permittee’s monitoring records. If the second test results establish that there has been an unauthorized discharge, the permittee shall proceed in accordance with subsection (b) of this section. If it has not been established within such period whether or not there has been an unauthorized discharge, then an unauthorized discharge shall be deemed confirmed and permittee shall proceed in accordance with subsection (b) of this section.
(e) Any person in charge of a storage facility or responsible for emergency response for a storage facility, who has knowledge of any unauthorized discharge of a hazardous material which is a gas at STP, must immediately report such discharge to the health officer.
(f) In addition to the reporting requirements provided herein, as soon as any person in charge of a storage facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed unauthorized discharge of a hazardous material which is a liquid or solid at STP, such person shall take all necessary steps to ensure the discovery, containment and cleanup of such discharge.
(g) The health officer shall review the permit whenever there has been an unauthorized release or when the health officer determines that the storage facility is unsafe. In determining whether to modify or terminate the permit, the health officer shall consider the age of the storage facility, the methods of containment, the methods of monitoring, the feasibility of any required repairs, the concentration of the hazardous substances stored in the storage facility, the severity of potential unauthorized releases, and the suitability of any long-term preventive measures which would meet the requirements of this chapter.
(Ord. 86-23 § 2 (part), 1986).
6.50.520 MAINTENANCE, REPAIR OR REPLACEMENT.
(a) All permittees shall carry out maintenance, ordinary upkeep, and minor repairs in a careful and safe manner. No permit or other approval will be required for such maintenance and upkeep. Any repair activity made pursuant to this section shall be noted on the permittee’s recordkeeping forms as provided in subsection (e) of Section 6.50.310 or subsection (c) of Section 6.50.320.
(b) Any substantial modification or repair of a storage facility other than minor repairs or emergency repairs shall be in accordance with plans to be submitted to the health officer and approved in accordance with Section 6.50.200 prior to the initiation of such work.
(c) A permittee may make emergency repairs to a storage facility in advance of seeking an additional permit approval whenever an immediate repair is required to prevent or contain an unauthorized discharge or to protect the integrity of the containment. However, as soon as possible but not later than five working days after such emergency repairs have been started, the permittee shall seek approval pursuant to Section 6.50.200 by submitting drawings or other information adequate to describe the repairs to the health officer.
(d) Replacement of any storage facility for hazardous materials, which are liquids or solids at STP, must be in accordance with the new installation standards of Section 6.50.210.
(Ord. 86-23 § 2 (part), 1986).
6.50.525 UNAUTHORIZED RELEASES – REPAIR OF UNDERGROUND STORAGE TANKS.
If there has been any unauthorized release from an underground storage tank containing motor vehicle fuel not under pressure, the permittee shall replace the tank or may repair the tank once by an interior-coating process subject to all of the following requirements:
(a) An ultrasonic test, or comparable test, shall be conducted to determine the thickness of the storage tank. If the result of the test indicates that a serious corrosion problem or other serious problem exists with regard to the integrity of the tank, as determined by the person conducting the test or by the health officer, the health officer may require additional corrosion protection for the tank or may deny the authorization to repair.
(b) A hydrostatic test may be used as an alternative to the ultrasonic test specified in subsection (a) of this section. If the results of the test indicate that a serious problem exists with regard to the integrity of the tank, as determined by the person conducting the test or by the health officer, the health officer may require additional protection for the tank or may deny authorization for the repair.
(c) Following the repair, a vacuum test shall be conducted with a result indexed at not more than 5.3 inches of mercury. This requirement shall be inapplicable if technology is not available for testing the tank on-site using accepted engineering practices.
(d) Following the repair, the standard installation testing for requirements for underground storage tanks specified in Section 2-7.3 of the Flammable Combustible Liquids Code, adopted by the National Fire Protection Association on November 20, 1981 (NFPA 30-1981), and published in the 1982 edition of the National Fire Code shall be followed.
(e) The material used to repair the tank by an interior coating process must be compatible with the motor vehicle fuel that is stored, as approved by the State Water Resources Control Board.
(f) Any material used to repair the tank by an interior coating process shall be applied in accordance with nationally recognized engineering practices such as the American Petroleum Institute’s recommended practice No. 1631 for the interior lining of existing underground storage tanks.
(g) Any regulations developed by the State Water Resources Control Board for the repair of underground storage tanks, and the standards in this section shall remain in effect until the adoption of policies and procedures pursuant to Section 6.50.920.
(Ord. 86-23 § 2 (part), 1986).
6.50.530 UNAUTHORIZED RELEASES – CLEANUP RESPONSIBILITY.
(a) Any person or business responsible for using or storing a hazardous material shall institute and complete all actions necessary to remedy the effects of any unauthorized release, whether sudden or gradual. In the event of an unauthorized release, the health officer may require:
(1) That the hazardous materials user conduct monitoring to establish whether there is environmental contamination as a result of the release, in a manner, and by persons, satisfactory to the health officer; and
(2) That the hazardous material user pay the costs of a consultant of the city’s choosing to evaluate testing and removal activities; and
(3) Removal of the hazardous material and contaminated environmental media.
(b) The health officer may undertake any and all actions necessary to remedy the effects of any unauthorized release if he or she determines that it is reasonable under the circumstances to do so. The responsible party shall be liable to reimburse the city for all costs incurred by the city in remedying the effects of such unauthorized release, including the costs of fighting fires to the extent allowed by law. This responsibility is not conditioned upon evidence of willfulness or negligence of the party storing the hazardous material(s) in causing or allowing such release.
(c) Neither the city nor any responsible party who undertakes action to remedy the effects of any unauthorized release shall be barred by this chapter from seeking to recover appropriate costs and expenditures from other responsible parties unless otherwise excluded by this chapter or state law.
(Ord. 86-23 § 2 (part), 1986).
6.50.535 UNAUTHORIZED RELEASES – PAYMENT FOR CLEANUP.
As a condition of the issuance of a permit under this chapter, the health officer shall require the permittee to agree in writing to reimburse the city for all costs incurred by city to remedy the effects of any unauthorized release, as specified in Section 6.50.530.
(Ord. 86-23 § 2 (part), 1986).
6.50.540 UNAUTHORIZED RELEASES – INDEMNIFICATION.
As a condition of the issuance of a permit under this chapter, the health officer shall require the permittee to agree in writing to indemnify, hold harmless and defend the city against any claim, cause of action, disability, loss, liability, damage, cost or expense, howsoever arising, which occurs by reason of an unauthorized discharge in connection with permittee’s operations under this permit, except as arises from city sole willful act or sole active negligence.
(Ord. 86-23 § 2 (part), 1986).
6.50.545 HANDLING, EMERGENCY PROCEDURES AND ACCESS.
(a) Dispensing and mixing of hazardous materials must not be done in such a manner as substantially to increase the risk of an unauthorized discharge. When hazardous materials are moved into or out of a storage facility, they shall remain in the travel path only for the time reasonably necessary to transport the hazardous material and such movement shall be in a manner which will not result in an unauthorized discharge.
(b) Access to the storage facilities shall be secured by means of fences and/or locks or some other reasonable means as determined by the health officer. The access to areas containing storage facilities shall be kept securely, locked when unattended.
(c) Emergency equipment shall be provided which is reasonable and appropriate for potential emergencies presented by the hazardous materials used, as determined by the health officer. Such equipment shall be regularly tested and adequately maintained.
(d) Simplified emergency procedures shall be conspicuously posted in locations where hazardous materials are stored or used.
(Ord. 86-23 § 2 (part), 1986).
6.50.550 PUBLIC DUTY TO REPORT UNAUTHORIZED RELEASES.
(a) Any person who has knowledge or observes any release of a hazardous material which he or she knows or reasonably suspects to be unauthorized shall report the known or suspected instance of unauthorized release to the health officer immediately or as soon as practically possible.
(b) A report of a known or suspected instance of an unauthorized release shall include the name of the person or business making the unauthorized release if known to the reporter, the location, date and time of the unauthorized release, the nature and extent of the unauthorized release, and any other information requested by the health officer, including information that led that person to suspect the unauthorized release.
(c) The identity of all persons who report under this section shall be confidential and disclosed only between emergency response personnel, or to the city attorney or other counsel prosecuting a criminal or civil action initiated pursuant to this chapter, or to persons or agencies to whom disclosure is required by law, or when those persons waive confidentiality, or by court order.
(d) No person who reports a known or suspected unauthorized release shall be civilly or criminally liable for any report required by this section, unless it can be proved that a false report was made and the person knew that the report was false.
(e) No person or business shall discharge, discipline or in any manner retaliate against any person because such person reported a known or suspected unauthorized release of a hazardous material pursuant to this section.
(Ord. 86-23 § 2 (part), 1986).
6.50.555 INTERAGENCY REPORTS OF UNAUTHORIZED RELEASES.
(a) Any public agency or board which has knowledge of or receives a report of any known or suspected unauthorized release of a hazardous material shall report the known or suspected instance of unauthorized release to the health officer immediately or as soon as practically possible. Said report shall contain the information required by subsection (b) of Section 6.50.550.
(b) In administering this chapter, the health officer shall consult and coordinate with appropriate federal, state and local agencies for the purpose of achieving the maximum enforcement of this chapter and its purpose and intent.
(Ord. 86-23 § 2 (part), 1986).
Part VII Inspections and Records
6.50.600 INSPECTION – AUTHORITY.
(a) The health officer may conduct inspections, at his/her discretion, for the purpose of ascertaining compliance with this chapter, and shall cause to be corrected any condition which constitutes any violation of this chapter, or of any other statute, code, rule or regulation affecting the use and handling of hazardous materials.
(b) For the purpose of investigating or enforcing the provisions of this chapter, the health officer may enter the facilities or premises of a hazardous materials user at all reasonable times to inspect the same; provided that if the facilities or premises are occupied, the health officer shall first present proper credentials and request entry, and further provided, that if such facility or premises is unoccupied, the health officer shall first make a reasonable effort to contact the user and request entry, except in emergency circumstances. If such entry is refused, the health officer shall have recourse to every remedy provided by law to secure entry.
(c) In order to carry out the purposes and provisions of this chapter, the health officer has the authority specified in Health and Safety Code Section 25185 with respect to any place where hazardous materials are located, and in Health and Safety Code Section 25185.5 with respect to real property which is within two thousand feet of any place where hazardous materials are located.
(Ord. 86-23 § 2 (part), 1986).
6.50.610 INSPECTIONS.
(a) The health officer shall inspect every storage facility within his/her jurisdiction at least once every three years. The purpose of the inspection shall be to determine whether the storage facility complies with the provisions of this chapter, including, but not limited to, whether the storage facility complies with required design and construction standards, whether the operator has monitored and tested the storage facility as required by the permit, and whether the storage facility is in safe operating condition. After an inspection, the health officer shall prepare a compliance report detailing the inspection and shall send a copy of this report to the permittee.
(b) In addition to, or instead of, the inspections specified in subsection (a) of this section, the health officer may require the permittee to employ, periodically, special inspectors or consultants to conduct an audit or assessment of the permittee’s facility to determine whether the facility complies with the factors specified in subsection (a) of this section and to prepare a special inspection report with recommendations concerning the safe storage and/or handling of hazardous materials at the facility. The report shall include an evaluation of the facility and contain recommendations consistent with the provisions of this chapter, where appropriate. A copy of the report shall be filed with the health officer at the same time the inspector submits the report to the permittee. Within thirty days after receiving this report the permittee shall file with the health officer, a plan to implement all recommendations contained in the report or shall demonstrate to the satisfaction of the health officer why these recommendations should not be implemented. The special inspector or consultant shall be a qualified person or firm who shall demonstrate expertise to the satisfaction of the health officer.
(c) All other inspections specified herein shall be at the discretion of the health officer, and nothing in this chapter shall be construed as requiring the health officer to conduct any such inspection, nor shall any actual inspection made imply a duty to conduct any other inspection.
(d) Nothing in this chapter shall be construed to hold the city, or any officer, employee or representative of the city responsible for any damage to persons or property by reason of making an inadequate or negligent inspection, or by reason of any failure to make an inspection or reinspection.
(Ord. 86-23 § 2 (part), 1986).
6.50.620 MAINTENANCE OF RECORDS – CITY.
(a) The health officer shall maintain active files of all HMMP’s, disclosure forms and reports of unauthorized releases or other reports prepared pursuant to the provisions of this chapter for a period of three years. HMMP’s, disclosure forms and reports of unauthorized releases which are more than three years old shall be placed in inactive files and the information retained for a period of thirty years.
(b) The health officer shall index disclosure forms by street addresses and parcel numbers, and shall cross-reference them by business name, and by the SIC code numbers, the CAS UN/NA numbers, hazard class and EPA waste stream codes listed on the disclosure forms.
(c) The health officer shall maintain and be responsible for the security of information which constitutes a trade secret as provided in Section 6.50.440 or which relates to the precise location where hazardous materials are stored or handled as provided in Sections 6.50.300, 6.50.310, 6.50.320, and 6.50.410 which information shall be kept in separate files labeled “Confidential” and shall not be disclosed to the public.
(d) In situations involving non-imminent public health concerns, or requests for large amounts of information, the health officer shall provide the information within a reasonable period of time, given the nature and extent of the request. The health officer may collect fees to recover costs for providing information under this subsection, as established by resolution of the city council.
(Ord. 86-23 § 2 (part), 1986).
6.50.630 MAINTENANCE OF RECORDS – APPLICANT.
All records required by this chapter shall be maintained by the permittee for a period of not less than five years. These records shall be made available to the health officer during normal working hours and upon reasonable notice. Nothing in this section alters or lessens the responsibility to maintain records required under other law.
(Ord. 86-23 § 2 (part), 1986).
Part VIII Permit Process
6.50.700 REQUIREMENT FOR PERMIT.
No person, business or owner shall use, handle or store any hazardous material unless a hazardous materials permit has been issued by the health officer to the person, business or owner.
(Ord. 86-23 § 2 (part), 1986).
6.50.710 REQUIRED INFORMATION FOR PERMIT APPLICATION.
(a) An application for a new, amended or renewed permit, or for an additional approval shall be made by the user or owner on a standard form prepared by the city and provided by the health officer and shall be accompanied by the appropriate fee. No permit or change in a permit shall be granted pursuant to this chapter unless all of the provisions of this section have been met.
(b) The application form for a permit shall include, but not be limited to, the following information:
(1) The name of the persons making the application;
(2) The address of the facility at which the hazardous material is handled or stored;
(3) The name and address of the person or business which handles the hazardous materials or which owns the storage facility and, if different, the name and address of the person or business who operates each storage facility;
(4) If the handler of a hazardous material or the owner or operator of a storage tank or facility is a public agency, the application shall include the name of the supervisor of the division, section or office which handles the hazardous material or operates the tank of facility.
(c) In addition to the information required on the application form, the applicant shall submit at the time of application:
(1) A hazardous materials management plan pursuant to Part IV; and
(2) A hazardous materials disclosure form pursuant to Part V if required.
(d) As a condition of any permit, the permittee shall complete an annual report on a form prepared by the health officer which details any changes in the usage or storage of hazardous materials, including the use or storage of new hazardous materials, changes in monitoring procedure, and any unauthorized release occurrences.
(Ord. 86-23 § 2 (part), 1986).
6.50.720 PERMIT ISSUANCE, AMENDMENT AND TRANSFER.
(a) Within forty-five business days after receipt of a completed application, the health officer shall either grant, provisionally grant, conditionally grant, or deny the permit. This time limit may be extended by mutual agreement between the health officer and applicant.
(b) One such permit shall be issued for a single facility.
(c) Prior to the occurrence of any of the following: a new or amended permit shall be obtained for any new hazardous material handled; or for a significant change resulting or potentially resulting in increases or changes in the types or volumes of storage, uses, releases, emissions, discharges or location of hazardous materials; or for any storage facility thereafter connected, installed, constructed, repaired, substantially modified, closed or removed.
(d) Notwithstanding subsection (c) of this section, a permittee shall have thirty days to apply for an amended permit for the use or storage of a new or different hazardous material within the same hazard class as stated on the existing permit, where such storage does not increase the hazard of fire or explosion or the hazard of the production of flammable or poisonous gas. Storage of a new or different hazardous material, not meeting all of these criteria, shall require prior approval as provided in subsection (c) of this section.
(e) When an application for an amended permit is filed, it shall be accompanied by an appropriate amendment to the HMMP and the hazardous materials disclosure form, if applicable.
(f) Within twenty business days after receipt of a written request for an amendment to an existing permit, the health officer shall either grant, conditionally grant, or deny the amendment to the permit. This time limit may be extended by mutual agreement between the health officer and applicant.
(g) If the health officer finds that the application does not completely conform to the provisions of this chapter, the health officer may issue a provisional permit, subject to conditions to be imposed by the health officer, when such a provisional permit is feasible, and does not appear to be detrimental to the public interest. Any provisional permit shall be valid for a time specified by the health officer, not to exceed one year. The applicant must be informed in writing of the reasons why a full-term permit was not issued.
(h) If the health officer denies the permit application, the applicant must be so informed in writing and provided the reasons why the permit was not issued.
(i) A permit may be transferred to another person, business, or new owner only if the person, business, or new owner affirms in writing to the health officer his/her intent to comply with the terms of the permit at the time of the transfer, and documents the transfer on a form provided by the health officer at least thirty days prior to the transfer of ownership. Such transfer shall be subject to the prior approval of the health officer.
(j) The term of a permit shall be one year. At the end of the term, the health officer may:
(1) Require another application before granting a new permit;
(2) Accept amendments to the previous permit;
(3) Require additional conditions on a permit;
(4) Extend the term of the permit for another one year, if:
(A) There have been no valid complaints lodged against the hazardous materials user for failure to comply with any provisions of this chapter, or any other laws, standards or regulations regarding the use of hazardous materials; and
(B) There have been no major changes in the handling of hazardous materials at the facility for which the permit was issued.
(k) Every application for the renewal of a permit or extension of a provisional permit shall be made at least thirty days prior to the expiration date of such permit. If a timely application for renewal has been submitted, the permit shall remain in effect until the health officer has made his/her determination pursuant to this part.
(l) At any time during the term of the permit, the health officer may require amendment to the permit.
(m) No permit shall become effective until the permit has been signed and accepted by the permittee. Where the permittee is a company, firm or corporation, the acceptance must be signed by a person having the legal authority to bind the permittee.
(Ord. 86-23 § 2 (part), 1986).
6.50.730 FEES.
(a) The city council shall by resolution adopt a fee schedule at a level sufficient to pay the necessary and reasonable costs incurred in administering this chapter, including, but not limited to, permitting and inspection responsibilities. No application as provided for in this chapter shall be accepted unless and until the applicable fee has been paid.
(b) The fee for a permit to operate an underground storage facility shall include a storage surcharge, the amount of which shall be determined by the Legislature annually to cover the costs of the State Water Control Board in carrying out its responsibilities under state law.
(Ord. 86-23 § 2 (part), 1986).
6.50.740 NOTICE AND APPEAL PROCEDURE.
An applicant for a permit under this chapter whose application has been denied or issued provisionally or conditionally by the health officer, or whose permit once issued has been revoked or suspended and who believes that his application and HMMP and/or use, handling or storage satisfy the criteria set forth in this chapter, may appeal to the hazardous materials advisory commission, except that the final administrative appeal level may be in the city council under the following conditions:
(a) In the event the health officer determines that an application pursuant to this chapter should be denied or that a permit issued pursuant to this chapter be revoked, or in the event the health officer has summarily suspended a permit issued pursuant to this chapter, the health officer shall prepare a written notice of such denial, suspension or revocation setting forth therein a brief statement of the reasons for such denial, suspension or revocation. Such notice shall be served personally on the applicant or holder of the permit, or alternatively may be sent by registered or certified mail, postage prepaid, return receipt requested, to the applicant or the holder of the permit.
(b) Any person whose application for a permit pursuant to this chapter is denied, or whose permit issued pursuant to this chapter is suspended or revoked, shall have the right to appeal such denial, suspension or revocation by filing with the health officer, within fifteen days after receipt of notice of such denial, suspension or revocation, a written notice of appeal setting forth the reasons the appellant believes such denial, suspension or revocation is improper. The written notice of appeal shall be accompanied by the appeal fee as established by resolution of the city council.
(c) Upon receipt of such notice of appeal, the health officer shall schedule a hearing of said appeal before the hazardous materials advisory commission and shall give notice, in writing, to the appellant of the date, time and place of such hearing by personally delivering such notice to the appellant, or alternatively, by sending such notice to the appellant by registered or certified mail, postage prepaid, return receipt requested. Said hearing shall be scheduled no later than thirty days from the date the health officer receives the notice of appeal, and written notice thereof by the health officer to the appellant shall be given not later than fifteen days prior to the date set for said hearing.
(d) The health officer shall notify the city council of any such notice of appeal and shall advise the council and the appellant or permittee of the time and place of any hearing on such appeal.
(e) Appeals from the denial, suspension, or revocation of permits issued pursuant to this chapter shall be heard by the city council, which may affirm, modify or reverse the denial, suspension or revocation, except that no suspension period shall exceed ninety days. At the appeal hearing, the appellant may appear in person or through or with legal counsel and may present such evidence as he/she may desire and show cause why the application should be granted, or show cause why the permit should not be suspended or revoked, as the case may be. In conducting the hearing, council shall receive information, evidence, and testimony relevant to the circumstances of the denial, suspension or revocation and the formal rules of evidence shall not apply. Appeal hearings shall be tape recorded and such recordings shall be the official records of such hearings and shall be retained in the custody of the health officer. The council shall render its decision not later than ten days following the conclusion of the hearings and a notice thereof shall be personally delivered or sent by the health officer to the appellant by registered or certified mail, postage prepaid, return receipt requested, not later than three working days following the rendering of said decision.
(f) The action of the city council of the city of Santa Cruz shall be final.
(Ord. 86-23 § 2 (part), 1986).
Part IX Enforcement
6.50.800 REVOCATION OR SUSPENSION.
(a) A permit issued pursuant to the provisions of this chapter may be amended, revoked, or suspended by the health officer, as hereinafter provided, if he or she determines that a violation of this chapter exists, that written notice has been directed to permittee specifying the violation and that the permittee has failed or neglected to make the necessary adjustment within thirty days after receiving such notice.
(b) A permit may also be revoked or suspended by the health officer if he or she determines at a hearing held by the health officer that the person or business to whom any permit was issued pursuant to this chapter has obtained the same by fraud or misrepresentation, provided that notice of the time, place, and purpose of such hearing is given to the permittee at least five working days prior thereto.
(c) The amendment, suspension or revocation of any permit shall not be effective until notice thereof in writing is mailed to the permittee.
(d) A person or business whose permit has been amended, revoked, or suspended may file an appeal of such revocation or suspension pursuant to the procedures set forth in Section 6.50.740.
(Ord. 86-23 § 2 (part), 1986).
6.50.810 CRIMINAL PENALTIES.
Any person or business who violates any provision of this chapter is guilty of a misdemeanor.
(Ord. 86-23 § 2 (part), 1986).
6.50.820 CIVIL PENALTIES.
(a) Any person or business which negligently violates any provision of this chapter shall be liable to the city in a sum not to exceed two hundred fifty dollars per day for each day in which such violation occurs, and, if such violation results in or significantly contributes to an emergency, including a fire, that person or business shall be assessed the full costs incurred by all public agencies which responded to such emergency, as well as the cost of cleaning up and disposing of such hazardous materials.
(b) Any person or business which intentionally violates any provision of this chapter shall be liable for a civil penalty to the city for a sum not less than five hundred dollars nor more than five thousand dollars for each day in which such violation occurs, and shall have its operating permit/business license revoked, and, if such violation results in or significantly contributes to an emergency, including fire, that person or business shall be assessed the full costs incurred by all public agencies which responded to such emergency, as well as the cost of cleaning up and disposing of such hazardous materials
(c) Any civil action filed pursuant to this chapter shall be brought by the city attorney. In any civil action filed pursuant hereto in which the city prevails, the person or business shall also be liable for reasonable expenses, including attorney’s fees, as determined by the court, incurred by the city in the investigation and prosecution of the action.
(d) In determining both the civil and criminal penalties imposed pursuant to this part, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person or business who holds the permit.
(Ord. 86-23 § 2 (part), 1986).
6.50.830 CITIZENS’ RIGHTS TO ACT.
(a) Whenever a citizen has a concern that a hazardous materials user is improperly handling a hazardous material, the citizen shall make a report to the health officer, indicating:
(1) The signs, evidence or other indications of improper handling of hazardous materials;
(2) The date, or approximate date of improper handling of a hazardous material;
(3) The impact, if known, of the mishandling of the hazardous material;
(4) The name of the user, or location of the use; and
(5) The name of the person reporting the mishandling and such information as is necessary to contact them to report action taken.
(b) The health officer shall make an initial determination as to the validity of the complaint and whether it should be further investigated.
(c) Within forty-five days of a valid report of mishandling of a hazardous material, the health officer shall:
(1) Require the hazardous materials user to respond to the reported information of mishandling;
(2) Require the hazardous materials user to come into compliance with the provisions of the HMMP accepted for the issuance of a permit;
(3) Require the hazardous materials user to apply for a permit; and/or
(4) Take any enforcement action against the hazardous materials user permitted by this chapter; and
(5) Notify, in writing, the person making the complaint of the actions taken and the reasons.
(d) The health officer shall keep the name of the informant confidential.
(Ord. 86-23 § 2 (part), 1986).
6.50.840 CIVIL ACTION FOR RETALIATION.
A civil action may be instituted against any employer by any employee who has been discharged, demoted, suspended, or in any other manner discriminated against in terms or conditions of employment, or threatened with any such retaliation, because such employee has in good faith, made any oral or written report or complaint related to the enforcement of this chapter to any company official, public official or union official, or has testified in any proceeding in any way related thereto. In addition to any actual damages which may be awarded, damages shall include costs and attorney’s fees. The court may award punitive damages in a proper case.
(Ord. 86-23 § 2 (part), 1986).
6.50.850 REMEDIES NOT EXCLUSIVE.
Remedies under this part are in addition to and do not supersede or limit any and all other remedies, civil or criminal.
(Ord. 86-23 § 2 (part), 1986).
Part X Miscellaneous
6.50.900 DUTIES ARE DISCRETIONARY.
Subject to the limitations of due process, and notwithstanding any other provision of this code, whenever the words “shall” or “must” are used in establishing a responsibility or duty of the city or of its elected or appointed officers, employees, or agents, it is the legislative intent that such words are directory only and do not establish a mandatory duty.
(Ord. 86-23 § 2 (part), 1986).
6.50.910 DISCLAIMER OF LIABILITY.
The degree of protection required by this chapter is considered reasonable for regulatory purposes. The standards set forth herein are minimal standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of hazardous materials. This chapter shall not create liability on the part of the city or of any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. All persons handling, storing, using, processing, and disposing of hazardous materials within the city should be and are advised to determine to their own satisfaction the level of protection in addition to determine their own satisfaction the level of protection in addition to that required by this chapter necessary or desirable to ensure that there is no unauthorized discharge of hazardous materials or risk of damage to public health or safety or the environment.
(Ord. 86-23 § 2 (part), 1986).
6.50.920 POLICIES AND PROCEDURES.
(a) The health officer shall develop policies and procedures implementing this chapter.
(b) The health officer who is responsible for the execution of the provisions of this chapter shall maintain at all times on file in his or her office for public inspection a current copy of both this chapter and the policies and procedures promulgated pursuant thereto.
(c) The city clerk shall maintain at all times on file in his or her office for public inspection two copies of this chapter.
(Ord. 86-23 § 2 (part), 1986).
6.50.930 CONFLICT WITH OTHER LAWS.
Notwithstanding any other provision of this chapter:
(a) Whenever any provision of this chapter conflicts with any state or federal regulations of storage facilities, the stricter provision shall prevail.
(b) Whenever any provision of this chapter conflicts with the Fire Code as adopted by the city, the stricter provision shall prevail.
(Ord. 86-23 § 2 (part), 1986)
6.50.940 SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter 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 chapter.
(Ord. 86-23 § 2 (part), 1986).
6.50.950 INITIAL COMPLIANCE SCHEDULE.
(a) As of the effective date of this chapter, a permit shall be required for any new facility where hazardous materials will be used, handled or stored prior to the construction of the facility. The HMMP and disclosure form shall be filed at the time of the application for a permit. A “new facility” is one which is constructed after the effective date of this chapter and does not include any existing facility which has been in service within one year prior to the effective date of this chapter.
(b) If a person or business changes its operations and commences the use of a new or different hazardous material, or if a person or business using hazardous materials occupies a facility where such materials were not previously used, the person or business shall, within ten days of said change, file an application for a permit with an appropriate HMMP.
(c) Except as provided in subsections (a) and (b) of this section, any hazardous material user who has a current underground storage permit and/or has submitted a current hazardous materials disclosure form shall be required to comply with the provisions of this chapter within six months from the effective date of this chapter.
(d) Except as provided in subsections (a), (b) and (c) of this section, any hazardous material user shall be required to comply with the provisions of this chapter within sixty days from the effective date of this chapter.
(e) Notwithstanding subsection (c) of this section, any hazardous materials user already operating a facility on the effective date of this chapter, shall be required to file a HMMP and otherwise comply with the provisions of this chapter upon written notification that the health officer considers the handling of hazardous materials at the facility to present a risk or potential hazard to public health or safety, or damage to the environment. The user shall have up to sixty days to apply for a permit upon receipt of the written notice.
(Ord. 86-23 § 2 (part), 1986).