Chapter 8.55 INDUSTRIAL HEALTH AND SAFETY

A. The city’s special appeal as a place to live, work, visit, and own and operate a small business depends on protecting the community against threats to its safety, health, and well-being.

B. The city’s affirmative duty is to protect the safety, health, and welfare of its residents with regard to actual and potential dangers in the surrounding community with special concern for children, older adults, and individuals with preexisting health conditions as the most vulnerable residents.

C. Many industrial facilities in the city categorized as “Group H” high-hazard facilities by the California Fire Code, as amended (“high-hazard facilities”), border residential neighborhoods, creeks, the Carquinez Strait, and the Suisun Marsh, putting residents, employees, waters, and wildlife at risk from the adverse impacts resulting from level 1, 2, and 3 incidents at said high-hazard facilities involving emissions, releases, spills, fires, and explosions of hazardous materials. Level 1, 2, and 3 incidents are defined by the city’s industrial incident notification policy, as described in more detail in BMC 8.55.070, Definitions.

D. The city recognizes that pollution poses a significant risk to the health and well-being of residents, particularly children, the elderly, and those with preexisting health conditions.

E. Recent events at high-hazard facilities in the city prompted consideration of establishing additional oversight of high-hazard facilities that supplements existing federal and state safety programs, in order to protect public health and safety in the city from the adverse effects of level 1, 2, and 3 incidents.

F. Climate change impacts, such as more prolonged drought, heat, flooding and sea level rise, could compound risks posed by local high-hazard facilities and may even impact their operations, thus posing greater challenges to protect the community and environment, and putting greater demands on city services, utilities, and water supply.

G. To mitigate the occurrence of level 1, 2, and 3 incidents, steps must be taken to identify the hazards, assess the risks, and openly share information with the community to allow industry, government, and the community to work together to create an accountable safety culture.

H. The city recognizes that the Solano County Certified Unified Program Agency (CUPA) has the responsibility for managing, regulating, and enforcing the California Accidental Release Prevention (CalARP) Program and the Hazardous Material Inventory and Response Plan (HMBP) Program for high-hazard facilities within the city that are subject to the CalARP and HMBP Programs.

I. The city has the authority to adopt the ordinance codified in this chapter pursuant to its police power and California Health and Safety Code Section 25500, which authorizes local agencies to adopt and enforce additional and more stringent standards for high-hazard facilities beyond those provided for in the CalARP and HMBP Programs. (Ord. 25-04 § 1).

8.55.030 Purpose and goals.

The city council hereby determines that the purpose and goals of this chapter are as follows:

A. Reduce the number, frequency, and severity of level 1, 2, and 3 incidents at high-hazard facilities within the city to the greatest extent possible.

B. Supplement and expand air quality monitoring within the city in order to identify, monitor, and inform the community of air pollution concerns to allow the community to make informed decisions.

C. Educate the public regarding air quality, increase awareness regarding air pollution and measures to reduce air pollution, and enhance the city’s capability to monitor air quality and emissions.

D. Ensure the city’s ability to provide timely communication of specified events to the public, along with detailed follow-up information.

E. Promote prompt and accurate reporting to the city of events that may result in injury or damage to persons, businesses, the broader community and/or the environment.

F. Ensure necessary coordination between emergency responders and staff at a high-hazard facility during emergencies.

G. Ensure the city is informed of investigations and analyses for the determination of the root causes for specified industrial health and safety events.

H. Provide for public review and consideration of public comment in response to level 2 and level 3 incidents.

I. Facilitate increased cooperation between high-hazard facilities, the Solano County CUPA, the department, other public agencies, and the public to prevent and reduce events threating health and safety at high-hazard facilities within the city.

J. Provide a means of enforcing the provisions of this chapter.

K. Provide authorization to adopt fees and monetary penalties to recover the city’s costs and expenses associated with managing, implementing, and enforcing this chapter, except for the air quality monitoring program at BMC 8.55.170. (Ord. 25-04 § 1).

8.55.040 Authority.

A. This chapter is adopted by the city council pursuant to the city’s police power for the purposes of protecting public health and safety and the environment from the deleterious impacts of incidents at high-hazard facilities.

B. This chapter is adopted by the city council pursuant to California Health and Safety Code Section 25500(b), as amended, which authorizes local agencies to adopt and enforce additional and more stringent standards for high-hazard facilities beyond those provided for in the CalARP and HMBP Programs. (Ord. 25-04 § 1).

8.55.050 Administration.

The department is charged with the responsibility of administering and enforcing this chapter. The commission shall provide recommendations to the city council regarding the administration and enforcement of this chapter and shall convene public hearings as required by this chapter. (Ord. 25-04 § 1).

8.55.060 Applicability.

This chapter shall apply to any high-hazard facility, as defined in BMC 8.55.070, operating within the city of Benicia. (Ord. 25-04 § 1).

8.55.070 Definitions.

A definition set forth in this section shall govern the construction of this chapter.

A. “AQMP” means the air quality monitoring program established by the city pursuant to this chapter.

B. “BAAQMD” means Bay Area Air Quality Management District, also known as the Bay Area Air District.

C. “CalARP Program 4” means the California Accidental Release Prevention (CalARP) Program Detailed Analysis, Program 4 Prevention Program, set forth in Article 7, Chapter 2, Division 5, Title 19 of the California Code of Regulations, as may subsequently be amended.

D. “City” means the city of Benicia.

E. “City council” means the city council of the city of Benicia.

F. “Commission” means the industrial safety citizen oversight commission established by the city council pursuant to this chapter.

G. “CUPA” means the Solano County Certified Unified Program Agency.

H. “Department” means the city of Benicia fire department.

I. “Fire chief” means the fire chief of the department.

J. “High-hazard facility” means a facility categorized as “Group H” high-hazard facilities by the California Fire Code, as amended, and includes use of a building or structure, or a portion thereof, for the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas complying with California Fire Code Section 414, as amended, as based on the maximum allowable quantity limits for control areas set forth in Tables 307.1(1) and 307.1(2) in the California Fire Code, as may subsequently be amended.

K. “HMBP” means the Hazardous Material Inventory and Response Plan Program set forth at Article 3, Chapter 1, Division 5, Title 19 of the California Code of Regulations, as may subsequently be amended.

L. “Immediate” means as soon as safely possible.

M. “Incident” or “incidents” means any event or occurrence that meets the criteria of a level 1, level 2, or level 3 incident as defined herein.

N. “Level 1 incident” means a level 1 incident as described in the city of Benicia industrial incident notification policy, adopted by resolution of the city council, as may subsequently be amended.

O. “Level 2 incident” means a level 2 incident as described in the city of Benicia industrial incident notification policy, adopted by resolution of the city council, as may subsequently be amended.

P. “Level 3 incident” means a level 3 incident as described in the city of Benicia industrial incident notification policy, adopted by resolution of the city council, as may subsequently be amended.

Q. “Major incident” means an event within or affecting a process that causes a fire, explosion or release of a highly hazardous material, and has the potential to result in death or serious physical harm (as defined in California Labor Code Section 6432(e)), or results in an officially declared public shelter-in-place, or evacuation order, as defined by the CalARP Program at California Code of Regulations Title 19, Section 5050.3(ii).

R. “Municipal code” means the municipal code of the city of Benicia.

S. “Protected information” means trade secrets, confidential business information, sensitive security information, and personally identifiable information that shall not be publicly disclosed.

T. “Root cause analysis” means an analysis, approach, tool, method, or other technique used to identify the cause or causes of an incident or incidents, including root cause analyses required by California Code of Regulations Title 19, Section 5110.12.

U. “Sensitive receptors” means populations that are more vulnerable to the effects of air pollution, including children, the elderly, and individuals with respiratory or cardiovascular conditions.

V. “Solano County CUPA” means the Solano County department of resource management, environmental health services division. (Ord. 25-04 § 1).

8.55.080 Industrial safety citizen oversight commission.

An industrial safety citizen oversight commission (“commission”) is hereby established by the city council and shall function pursuant to Chapters 2.60 and 2.112 BMC, and in a manner consistent with and not in excess of the provisions of those chapters. (Ord. 25-04 § 1).

8.55.090 Annual industrial health and safety report.

A. Effective July 1, 2025, and annually thereafter, each high-hazard facility subject to this chapter shall submit an annual industrial health and safety report to the department.

B. The annual industrial health and safety report shall include the following items:

1. Summaries of any and all incident investigation reports submitted by the high-hazard facility in the preceding year per BMC 8.55.120, if applicable;

2. A summary and description of all incidents experienced by the high-hazard facility in the preceding year;

3. The prior year’s emergency response training curriculum provided to the department as required by BMC 8.55.140; and

4. Copies of reports submitted to the CUPA in the prior year pursuant to the CalARP or HMBP Programs.

C. Any outstanding fees and uncontested monetary penalties and response costs due under this chapter shall be payable concurrently with the annual industrial health and safety report.

D. High-hazard facilities may review and redact protected information from the annual health and safety report as necessary prior to submission to the city, per BMC 8.55.180. (Ord. 25-04 § 1).

8.55.100 Audit and inspection.

A. The department may, following a level 2 or level 3 incident at a high-hazard facility, initiate an audit and inspection of the high-hazard facility to determine the cause, contributing factors, and compliance with the provisions of this chapter. The department shall be allowed reasonable access to any part of the real property as well as reasonable access to supporting documentation retained by the high-hazard facility for the purpose of auditing, inspecting, and assessing the operations of a high-hazard facility to determine compliance with the requirements of this chapter, and shall coordinate audits and inspections with the CUPA to the greatest extent possible.

B. The city recognizes that the CUPA has the legal authority to conduct audits and inspections at facilities subject to the CalARP and HMBP Programs, and in any situation where the CUPA is conducting an audit or inspection of a high-hazard facility that is subject to the CalARP and HMBP Programs, the department shall provide assistance to the CUPA as needed.

C. The department shall post notice of its findings resulting from an audit and inspection of a high-hazard facility on the public information bank website after providing the high-hazard facility at least 10 calendar days to redact protected information per BMC 8.55.180. (Ord. 25-04 § 1).

8.55.110 Incident notification and reporting.

A. All high-hazard facilities shall follow the incident notification requirements provided in the city’s industrial incident notification policy, as may be amended.

B. High-hazard facilities shall submit to the department an incident notification report for all level 2 and level 3 incidents within 72 hours after becoming aware of the level 2 or level 3 incident. The incident notification report shall contain the following information:

1. The name and address of the high-hazard facility;

2. Contact information for an individual to communicate and coordinate with the city;

3. Descriptions of the incident, including whether there are off-site impacts, the area affected by the incident, and whether any storm drains or surface waters may be affected;

4. Descriptions of meteorological conditions at time of event including wind speed, direction, and temperature;

5. Descriptions of the chemicals and materials involved in the incident and the physical state of those chemicals and materials (solid, liquid, gas, and/or vapor), including the estimated quantities involved;

6. Descriptions of any public complaints received about the incident;

7. Descriptions of any on-site or off-site injuries related to the incident; and

8. Confirmation of whether the high-hazard facility’s emergency operations center or similar emergency response personnel have been activated.

C. High-hazard facilities may utilize release notification reports provided to state and federal agencies to meet the reporting requirements of this section.

D. Notification and reporting requirements in this chapter are not a substitute for existing laws and regulations requiring notifications and reporting to agencies such as CalOES, CalEPA, the CUPA, BAAQMD, and others as set forth in state and federal law.

E. The incident notification report shall be published to the public information bank per BMC 8.55.180. (Ord. 25-04 § 1).

8.55.120 Incident investigation reports and root cause analyses.

A. Whenever a high-hazard facility subject to the CalARP or HMBP Programs is required to investigate an event or occurrence and submit a written report to the CUPA (“incident investigation report”), the high-hazard facility shall provide the department a copy of all incident investigation reports and any requests for extensions within 10 days of the date that it provides the incident investigation report to the CUPA.

B. A high-hazard facility that has completed and provided to the CUPA a root cause analysis (“RCA”) report for any an event or occurrence pursuant to the CalARP or HMBP Program shall submit a copy of any such RCA reports to the department within 10 days of the date that the RCA report is submitted to the CUPA.

C. The department shall publish the final investigation report and/or final RCA on the public information bank website.

D. For any level 2 or 3 incidents not being investigated under the CUPA, BAAQMD, or other federal or state regulatory agency, the department may elect to conduct and prepare its own independent incident investigation report or RCA. If the department elects to conduct and prepare an incident investigation report or RCA, the high-hazard facility shall cooperate with the department by providing reasonable access to the high-hazard facility and information about the level 2 or level 3 incident. The department may collaborate with the CUPA in the preparation of such incident investigation report or RCA.

E. Within 15 calendar days after receipt of an incident investigation report and/or RCA prepared by the high-hazard facility per the CalARP or HMBP Program, or within 15 days after completion of an incident investigation report or RCA by the department per this section, the fire chief and the chair of the commission shall set a time and place for a public hearing before the commission regarding the incident investigation report and/or RCA. The public hearing shall be held no later than 60 calendar days following receipt of an incident investigation report and/or RCA from the high-hazard facility or completion of an incident investigation report and/or RCA by the department.

F. Notice of the public hearing before the commission regarding the incident investigation report or RCA shall be given in the following manner:

1. Notice shall be posted online to the city’s website prior to the date of the public hearing in accordance with Chapter 4.08 BMC.

2. The notice of the public hearing shall contain:

a. A description and map of the location of the high-hazard facility;

b. A statement of the time and location of the public hearing;

c. A description of the level 2 or 3 incident at issue, including the date and time of its occurrence;

d. A brief description of the findings and any recommendations set forth in the incident investigation report and/or RCA; and

e. A statement that any interested person may appear and be heard.

3. The high-hazard facility that is the subject of the incident investigation report and/or RCA shall be provided with an opportunity to redact protected information from the materials at least 10 days prior to publication, per BMC 8.55.180.

G. The commission shall conduct the public hearing and hear and consider public comment regarding the incident investigation report and/or RCA. Any high-hazard facility that is the subject of an incident investigation report and/or RCA shall be afforded the opportunity to present comments to the commission and to provide recommendations, rebuttals, feedback, and any other information to the commission.

H. The city shall post the minutes of the public hearing to the public information bank in accordance with Chapter 4.08 BMC. (Ord. 25-04 § 1).

8.55.130 Emergency operations coordination.

A. In the event of an incident or a significant natural, technological, or manmade emergency affecting the city, department emergency responders may utilize the city’s emergency operations plan (EOP) and may activate the city emergency operations center (EOC) to facilitate a response.

B. During an incident, department emergency responders may assume command, or will be part of unified command per the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS), and will utilize the Incident Command System (ICS) for command, control, and coordination of the response and to provide a means to coordinate the efforts of individual agencies and entities, as they work toward the common goal of stabilizing the incident, and protecting life, property, and the environment.

C. Anytime an incident originates from, is believed to have possibly originated from, or may impact a high-hazard facility, that high-hazard facility shall work with the department to assist in the coordination of an emergency response.

D. If the CUPA or other state or federal agency is already responding to an incident at a high-hazard facility, the department shall coordinate with the CUPA or other agency on providing emergency response actions.

E. Anytime the city notifies a high-hazard facility that the city EOC has been activated for an incident that originated from, is believed to have possibly originated from, or may impact a high-hazard facility, the high-hazard facility shall immediately send a representative to the city EOC to assist and coordinate the response to the incident.

F. In situations where a high-hazard facility operates their own internal EOC, anytime it activates its EOC for an incident that may have off-site impacts, the high-hazard facility shall immediately notify the department and accept city emergency response personnel to fill a liaison position within the EOC during the incident. (Ord. 25-04 § 1).

8.55.140 Emergency response training.

A. At least once per calendar year, each high-hazard facility shall host a facility training for department staff. A representative from the high-hazard facility shall contact the department in January of each year to determine an appropriate date, time, and curriculum for each training (“emergency response training curriculum”) which shall be related to the emergency hazards present at the high-hazard facility and the high-hazard facility’s emergency response procedures.

B. The training shall be for up to 10 department staff members and for not less than two hours and no more than four hours per year, per high-hazard facility.

C. The prior year’s emergency response training curriculum shall be submitted as part of the annual industrial health and safety report required by BMC 8.55.090. (Ord. 25-04 § 1).

8.55.150 Emergency response plans.

A. Every high-hazard facility within the city shall develop and implement an emergency response plan (ERP) that addresses potential risks and hazards associated with the materials stored, handled, or used at the high-hazard facility.

B. A high-hazard facility that has developed an ERP pursuant to the CalARP or HMBP Program may utilize the ERP developed per those programs to satisfy the requirements of this section. A copy of any ERP provided to the CUPA per the CalARP or HMBP Program shall be provided to the department.

C. In the event of significant changes to the ERP, a revised copy of the ERP must be submitted to the department within 30 days of finalization of such updates.

D. Every high-hazard facility shall submit a copy of its ERP to the department within 120 days of the enactment of this chapter, or within 120 days of commencing operations. (Ord. 25-04 § 1).

8.55.160 On-site safety reports.

A high-hazard facility that is required to develop an inherently safer systems analysis, a safeguard protection analysis, a human factors program, and/or process safety and hazard analyses and assessments per CalARP or HMBP Program requirements (“on-site safety reports”) shall allow the department to review copies of the most current on-site safety reports during any department audits or inspections. (Ord. 25-04 § 1).

8.55.170 Air quality monitoring program.

A. Establishment of Air Quality Monitoring Program.

1. The city shall establish a comprehensive, networked, community-based air quality monitoring program (AQMP) to evaluate air pollution levels in the city and consider additional monitoring resources. The AQMP shall supplement any community and fenceline air monitoring programs currently being implemented in the city by BAAQMD and any other agencies or organizations.

2. The AQMP shall include the following components:

a. A process for evaluation of new sites for installation of additional air quality monitoring stations at locations throughout the city that are not already monitored by BAAQMD or other air monitoring stations.

i. Air quality monitoring stations installed per this section shall be equipped with advanced instruments capable of measuring a wide range of pollutants and meteorological conditions, consistent with the most recent BAAQMD community air monitoring system requirements.

ii. The city shall ensure that public dissemination of air quality information from any new air monitoring stations is made publicly available in real time, or as close to real time as possible.

iii. Raw data from air quality monitoring stations shall be archived and downloadable for trend analyses and research purposes.

iv. Raw data shall be independently audited by a city-retained consultant for accuracy.

b. A process to implement installation and maintenance of air quality monitoring stations at strategic locations throughout the city.

c. Coordination with BAAQMD, the CUPA, Solano County public health officials, and other applicable agencies to issue community alerts informing the public of air-quality-related advisories, including shelter-in-place and evacuation orders.

d. A process to issue community alerts informing the public of air-quality-related advisories, including shelter-in-place and evacuation orders.

e. The commission shall organize public education campaigns to educate the public regarding air quality, raise awareness about air pollution, and identify actions individuals can take to reduce air pollution and minimize harmful exposure to air pollution.

B. Responsibilities.

1. Commission. The commission shall be responsible for administering and overseeing the AQMP as described in Chapters 2.60 and 2.112 BMC.

2. Department. The department shall be responsible for the following components of the AQMP:

a. Investigation of complaints related to air quality violations and coordination with regulatory agencies to determine responses.

b. Coordination with BAAQMD, the CUPA, Solano County public health officials, and other applicable agencies to issue community alerts informing the public of air-quality-related advisories, including shelter-in-place and evacuation orders.

C. Public Access to Air Quality Information. The city shall provide a link to BAAQMD’s air quality monitoring websites from the city’s official website.

D. No High-Hazard Facility Fees. The city shall not collect any monies, revenues, fees, penalties, or other funds from high-hazard facilities to finance or recover the city’s costs and expenses associated with the AQMP. (Ord. 25-04 § 1).

8.55.180 Trade secrets and other protected information.

A. The disclosure of any trade secret information required by this chapter shall be governed by California Health and Safety Code Section 25538, as amended from time to time, or as otherwise protected or required by law. Protected information shall be protected from disclosure in accordance with applicable law.

B. High-hazard facilities shall have the opportunity to review and redact any protected information contained in information submitted per this chapter and at least 10 calendar days prior to any public publications, including prior to postings to the public information bank. (Ord. 25-04 § 1).

8.55.190 Hazardous materials response coordinator and public liaison.

A. The department shall employ a division chief position that is staffed and on-duty 24 hours per day, 365 days per year. The division chief shall be a single point of contact for people who live or work in the city regarding environmental health concerns, questions, and complaints about hazardous materials and hazardous materials programs. The on-duty division chief shall identify problems and confer with city staff to develop proposed responses.

B. The division chief staff member shall coordinate the city’s response with the CUPA and other agencies to any level 2 incidents, level 3 incidents, or major incidents, including assistance with determining appropriate levels of protection for the community and broadcasting emergency communications to the community.

C. High-hazard facilities shall cooperate with the division chief staff member to respond to requests for information from the department regarding incidents or major incidents, subject to the protected information requirements provided for in BMC 8.55.180.

D. The department may retain appropriate technical experts, in accordance with this code, to provide technical assistance to the division chief staff member. (Ord. 25-04 § 1).

8.55.200 Hazardous materials technician specialists.

A. The department shall ensure a minimum of six staff members, two per shift, will be trained to meet or exceed the Code of Federal Regulations (20 CFR 1910.120, as may subsequently be amended) and California Code of Regulations (California Code of Regulations Title 8, Section 5192(q)(6), as may subsequently be amended) standards for a hazardous materials technician and hazardous materials specialist.

B. The six staff members authorized by this section may be utilized as subject matter experts during incidents or major incidents. (Ord. 25-04 § 1).

8.55.210 Public information bank.

A. The department shall collect all information required to be submitted to the city in accordance with this chapter, as well as commission agendas, minutes, and reports, and make this information available to the public in an easily accessible “public information bank.”

B. This section shall not apply to protected information or other information protected from disclosure under federal or state law, and high-hazard facilities shall be provided at least 10 calendar days to review and redact any protected information prior to publication on the public information bank. (Ord. 25-04 § 1).

8.55.220 Fees.

A. The city may, upon a majority vote of the city council and in accordance with the provisions of this code, adopt a schedule of fees to be collected from high-hazard facilities to implement the requirements of this chapter, except for the requirements of the air quality monitoring program at BMC 8.55.170.

B. Any fee schedule adopted pursuant to this section shall be set in an amount sufficient to pay only those costs of the city reasonably necessary to carry out the requirements of this chapter, except that no fees shall be assessed to fund the air quality monitoring program at BMC 8.55.170.

C. No fees shall be collected for any activities which are required of and charged by the CUPA under the CalARP or HMBP Program. (Ord. 25-04 § 1).

8.55.230 Public safety response costs.

A. In addition to any citation or penalty imposed for violations of this chapter, if a city public safety officer determines that conditions warrant public safety response services by more than one city emergency unit (e.g., fire engine, ambulance, police patrol vehicle, and other city emergency provider vehicles), the department shall document the cost of providing the public safety response services and shall invoice the high-hazard facility for the actual costs of providing the public safety response services.

B. The response costs for public safety responses under this section shall be adopted and charged in accordance with the city’s master fee schedule.

C. Costs recoverable under this section shall not include costs already recovered by the city for responding to major incidents regulated by the CUPA, pursuant to the CalARP or HMBP Program, or California Health and Safety Code Sections 25515, 25515.2, 25515.3, 25540, 22540.1, and 25541. (Ord. 25-04 § 1).

8.55.240 Violations and penalties.

A. A high-hazard facility that fails to comply with the requirements for high-hazard facilities under this chapter may be subject to issuance of an administrative citation and imposition of monetary penalties as authorized pursuant to Chapter 1.10 BMC.

B. Any hearing to contest an administrative citation shall be governed by BMC 1.10.110, and the provisions of Chapter 8.54 BMC shall not apply.

C. The city shall not issue citations or impose penalties for any activities which are subject to enforcement by the CUPA under the CalARP or HMBP Programs, or activities subject to enforcement by any other federal or state agency under other applicable law. (Ord. 25-04 § 1).

8.55.250 Annual performance review and evaluation.

A. The city shall annually:

1. Review its activities in the prior year to implement this chapter; and

2. Evaluate the continuing effectiveness of this chapter in achieving its purposes and goals.

B. An annual performance review and evaluation report shall be prepared by the department based upon the previous calendar year’s activities. The report shall contain:

1. A brief description of the following:

a. The department’s enforcement of this chapter in the prior year;

b. A summary of the emergency and public safety response activities performed by the department pursuant to this chapter;

c. A summary of any audits and inspections conducted pursuant to this chapter, including the status of implementation of any recommendations;

d. A summary of the effectiveness of the public information bank; and

e. A summary of activities performed by the commission.

2. A listing of all high-hazard facilities covered by this chapter, including:

a. A listing of all incidents and major incidents by each high-hazard facility;

b. A summary, including the status, of any incident investigation reports, on-site safety reports, RCA reports, or other analyses conducted or being conducted by a high-hazard facility that are required to be provided to the city pursuant to this chapter; and

c. A summary of any enforcement actions initiated by the department against a high-hazard facility.

3. Total fines levied against and collected from all high-hazard facilities as a result of enforcement of this chapter, and an accounting of how revenues from fines were expended or disbursed.

4. Total fees collected from high-hazard facilities pursuant to this chapter.

5. A summary of recommended modifications to this chapter from the commission, the department, other stakeholders, and members of the public.

C. The draft contents of the report shall be shared with the commission at a noticed public meeting. The commission shall provide comments and suggestions of recommended edits and additions to this chapter at the noticed public hearing.

D. The final report, including any suggestions for recommended edits and additions to this chapter, shall be presented to the city council as an informational item on or before June 30th of each year. (Ord. 25-04 § 1).

8.55.260 Construction.

Notwithstanding any other provision of this code and for the purposes of this chapter, wherever it provides that the city, city council, commission, department, fire chief, or division chief shall act, such direction in all instances shall be deemed and is directory, discretionary and permissive and not mandatory. (Ord. 25-04 § 1).

8.55.270 Public nuisance.

A. The city may investigate and abate public nuisances caused by, and impose monetary penalties on, any high-hazard facility that is managed, operated, or allowed to be managed or operated in, in a manner constituting a public nuisance under Chapter 8.04 BMC, in accordance with the requirements and procedures of Chapter 8.04 BMC.

B. The city shall not take action to enforce, abate or issue fines or penalties for a public nuisance that is already being regulated by the CUPA or other regulatory agency. (Ord. 25-04 § 1).

8.55.280 Effective date.

The requirements of this chapter shall become effective 120 days after its final adoption, or 120 days after a high-hazard facility commences operations in the city, except for the requirements of BMC 8.55.110, which shall become effective for all high-hazard facilities in the city immediately upon final adoption of this chapter. (Ord. 25-04 § 1).

8.55.290 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this chapter, nor its application to any other person or circumstance. The city council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable. (Ord. 25-04 § 1).

8.55.300 Amendment vote.

Any revisions to this chapter shall require a four-fifths majority vote of the city council. (Ord. 25-04 § 1).