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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