Ordinance 1986-20 ORDINANCE NO. 86-20
AN ORDINANCE OF THE CITY OF GILROY AMENDING
THE GILROY HAZARDOUS MATERIALS STORAGE
ORDINANCE TO CONFORM TO RECENT STATE ENACTMENT
OF SECTION 25505.2 OF THE HEALTH AND SAFETY
CODE RELATING TO STORAGE OF HAZARDOUS MATERIALS
WHEREAS, the City Council has, on June 20, 1983,
passed and adopted Ordinance No. 83-6 providing for the
regulation of underground storage of hazardous materials, and
WHEREAS, the state legislature has adopted Section
25505.2 of the Health and Safety Code imposing additional
requirements on local regulation of~storage of hazardous
materials; and
WHEREAS, since such state legislation requires
compliance within 120 days, it is necessary for this ordinance
to be adopted prior to that date as an urgency measure, so as to
maintain local standards at least as strict as the state
legislation;
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN
that Ordinance No. 83-6 shall be amended as follows:
PART IV. HAZARDOUS MATERIALS MANAGEMENT PLAN
Section IV.02. G. Variation in Information.
2. Requirements for information in the HMMP may be
waived where such information is not reasonably necessary to
meet the intent of this Chapter. (Delete)
3. Renumbered to become 2.
IV.04 Supplemental Requirements for Emergency Response Plans.
A. In addition to the HMMP requirements set forth in
this Part, any person, firm or corporation which handles a
hazardous material or a mixture containing a hazardous material
ORDINANCE NO. 86-20 -1-
3. Evacuation plans and procedures for the
business site, including immediate audible
notice and warning to all persons on the site.
D. Training shall be provided for all new employees,
and annual training, including refresher c~urses, shall be
provided for all employees in safety procedures to be utilized in
the event of a release or threatened release of a hazardous
material. Such training shall include, but not be limited to,
familiarity with the plans and procedures specified above. These
training programs may take into consideration the technical and
managerial responsibilities of each employee.
E. Any business required to file a pipeline operations
contingency plan in accordance with the California Pipeline Safety
Act of 1981 (Chapter 5.5. (commencing with Section 51010) of
Part 3 of Division 1 of Title 5 of the Government Code) and the
regulations of the Department of Transportation, found in Part 195
of Title 49 of the Code of Federal Regulations, may file a copy of
those plans with the City instead of filing the emergency response
plan specified in subdivision A. of this Section.
F. Any business operating a farm exempted by paragraph
(15) of subdivision (b) of Section 25503.5 of the Health and Safety
Code from filing the information specified in subdivisions C. and
C. of this Section shall, notwithstanding this exemption, provide
the training programs specified in subdivision D.
G. The City shall maintain records of all emergency
response plans and procedures received and shall index them by
street address and company name. Such plans and revisions thereto
shall be available for public inspection during regular working
ORDINANCE NO. 86-20 -3-
hours, except for those portions of such plan, including any maps
of the facility, as described in IV.02 A3, specifying the precise
location where hazardous materials are stored and handled onsite.
The City is required by Health and Safety Code Section 25506 to
transmit copies of the entire emergency response plan or any
information contained therein to any requesting state or local
agency.
V.O1
PART V
HAZARDOUS MATERIALS INVENTORY
Hazardous Materials Inventory Statement.
A. A Hazardous Materials Inventory Statement (HMIS)
shall be filed annually with city in accordance with this
Part. Any person, firm, or corporation which stores or
handles any hazardous material in an amount which is equal to
or greater than the quantities specified in section V.02.A is
required to file an HMIS.
B. For purposes of this Part, in addition to the
materials regulated in Part II, the term "hazardous material"
shall include those things specified in Section 25501(j), (k),
and (1) and Section 25501.1 of the Health and Safety Code.
C. Such person, firm or corporation shall amend the
HMIS within thirty (130) days of the storage or handling of any
hazardous material not listed thereon but required to be
listed by Section V., or of an increase of one hundred
percent (100%) or more in the quantity of a previously
disclosed material, or an increase in quantity range, or of a
change in business address, ownership or business name.
ORDINANCE NO. 86-20 -4-
V.02
Information Required.
A. Information shall be included in the MMIS for each
hazardous material or mixture containing a hazardous material
stored or handled in a facility (aggregated over all such
material stored in one or more storage facilities) where the
aggregate quantity throughout the facility at any one time
during the reporting year is equal to or greater than five
hundred (1500) pounds in weight for solids, fifty-five (55)
gallons for liquids, or two hundred (200) cubic feet at
standard temperature and pressure (STP) for compressed gases.
B. The information in the HMIS shall include:
1. For non-wastes:
The general chemical name, common/trade name, major
constituents for mixtures, the manufacturer, United
Nations (UN) or North America (NA) number, if available,
and the hazard class or classes and the Material Safety
Data Sheet (MSDS) or equivalent information as required
by city.
2. For wastes:
The Department of Health Services manifest for
wastes or equivalent information, including the general
chemical and mineral composition of the waste listed by
probable maximum and minimum concentration, and the
hazard class or classes.
3. A list of the chemical name and common names of
ORDINANCE NO. 86-20
and ordered published by title and summary in accordance
with provisions of the City Charter at a regular session of the
City Council held on the 6th day of October 1986, by the
following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER,
MUSSALLEM, VALDEZ and HUGHAN
NONE
PALMERLEE
APPROVED:
ATTEST:
ORDINANCE NO. 86-20 ~8-
I, SUSANNE E. STEINMETZ, City Clerk of the City of
Gilroy, do hereby certify that the attached Ordinance No. 86-20
is an original ordinance, duly adopted by the Council of the City
of Gilroy at a regular meeting of said Council held on the 6th
day of October , 19 86 , at which meeting a quorum was
present.
affixed the Official Seal of the City of Gilroy, this
of October , 19 86 ·
~rk of the Ci~ ~' ~~'t of
(Seal)
IN' WITNESS WHEREOF, I have hereunto set my hand and
22nd day