Ordinance 1373
N0. 1373
AN OF ~ QTY OF QJPEEiTINO ESQ PROGE2I~FLS
TO FmCTJIATE ~ STORAGE OF F~7.ARDO03 r~-m~rara ~p
FtAZARD0U3 Y~S'TES AND ZU PIAN FL~t Et~1CY RESPONSES
'IU ANY RELEASE OF StACIi MATEt2TAIS; IE`SSIGL~ATING
A~ AND L~QARING ~ URGENCY ZF~2'DDF
RHE QTY CGtA~iC.LL OF R4~ CITY OF CUPERFITIO HEREBY ORLIAINS that Chapter
9.12, Hazardous Materials storage, of the Qrpertim Municipal Code is
amended as Follows:
Delete paragraph B only of Section 9.12.011, General obligation -Safety
and Care.
Section 9.12.043. Supplemental Requirements for F3apx+gesxy Response Plans.
A. In addition to the HMNP requis+e<nerxt;a set forth in this Part, any
firm ar corporation which handles a hazardous material or a
oontainiryg a hazardous material which has a quantity at any one
time during the reportiry year equal to, ar greater than, a total weight
of 500 pounds, ar a total volume of 55 gallons, ar 200 cubic feet at
standard temperature an3 pressure for oQtg~ressed gas, shall establish and
irsq~lement a plan far emergency response to a release ar threatened release
of a hazardous material ptn7suant to this sectioa-. Said plan, irrluding
the Hazanicus Materials Inventory Statement (HMIs) described in Section
9.12.050 of this Chapter, shall ca~rise the "business plan" for purposes
of CS~apter 6.95 of Title 20 of the California Health and Safety Oode.
Filing of such plans shall be pursuant to the provisions of Section 25505
of the California Health and Safety Code.
For purposes of this section, in addition to the materials regulated
in Part II, the term "hazardous material" shall irxxlude those things
specified in Section 25501 (j), (k), and (1), and section 25501.1 of the
Health and Safety Code.
B. Unless the facility qualifies as a m;nimnl storage site order
Section 9.12.042, ar is otherwise exempt pin-suant to Section 9.12.021, the
following informatiar shall be pmovided:
a. IInergetxy response plans acrd procedures in the event of a
reportable release ar threatened release of a hazamiars material which
Shall include, but not be limited to, the following:
1. Inenediate natificatian to Ci:pertino, to Central Fire
Protectiion District, and to the State Office of F]oergency
services.
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ORDII~NCE NO. 1373
b. Prtooechu~es far the mitigation of a release of threatened release
to minimize any potential .halm ar damage to Pe~'~. PmP~'tY. ar the
fit.
c. Evacuation plans and prooedur+es far the business site, including
immediate audible notice and warni~ to all pet~ons an the site.
C. Training shall be provided Por all new employees, and annual
training, including refresher oau-sps, far all employees in safety
procedures to be utilized in the event of a release ar threatened release
of a hazazrlous material. Sufi training shall include, but not be limited
to, familiarity with the plans arri procedures specified above. these
training programs may take into consideration the technical and managerial
responsibilities of each eag~loyea.
D. Any business required to file a pipeline operations oantingerxy
Plan in aooorr]ance with the California Pipeline Safety Act of 1981
(Chapter 5.5 (oamnencirg with Section 51010) oP Part 3 of Division 1 of
Title 5 of the Gaverrmient Code) airs the regulations of the Department of
Transportation, found in part 195 of Title 49 oP the Coda of Federal
Regulations, may file a copy of those plans with the City instead of
Plling eri emergenxy response plan specified int subdivision A.
E. Any business operatirg a farm e~oe<tq~ted by paragraph (5) of
subdivision (b) of Section 25503.5 of the California Health atxi Safety
Code from filing the information specified in subdivisions H. and C.
shall, notwithstarxiirg this exemption, provide. provide the training
programs specified in subdivisionn C of this Section.
F. Rhe City shall loainntainl reoor~ds of all energerxy response plans
anri procedures received and shall index them by street address anti oomparny
name. Such plans and r+avisians thereto shall be available for public
inspection during regular wanking hours, e~xept far those portions of such
plan, including any maps of the facility as described in Section 9.12.41,
specifying the precise location where hazardous materials are stored arxi
handled onsite. 4he City is required by California Health and Safety Code
Section 25506 to transait copies of the entire emezgency response plan or
any information contained therein to any requested state ar local agency.
THE CITY OOUNCIL OF 2IiE CITY OF QJPFRTIIiO ORDABiS that Section
9.12.042, A. shall be amerxied to define a 'hninimAl gt~ge sited ~ class
than 500 lbs." far solids.
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ORDIKAIJCE NO. 1373
Section 9.12.041, 3, a, iii, Quantity Range No. 1, shall read," less than
500 pounds of solids," etc.
THE CITY COCR~ICIL OF ~ CrPY OR GUPIIZTITlO ORDAIIJS that Article V,
Hazardars Materials Inventory is amerx3eci to read as follows:
Section 9.12.050. Hazardous Materials Inventory Statement,
A Hazardous Materials Inventory Statement (ffi~fIS) shall be filed
annually with Qrpertino in sooordanoe with this Part. Any parsa-, firm,
or corporation which stores ar handles any hazarsiws material in an amount
which is equal to ar greater than the quantities specified in Subsection A
of Sectics 9.12.051 is required to file an HNRS. For purposes of this
Fart, in addition to the materials regulated in Part II, the term
"hazardcus material" shall include those things specified in Section
255o1(j), (k), and (1) and Section 25501.1 of the California Health and
Safety Code. Such person, firm ar corporation shall amend the HMLS within
thirty (30) days of the storage ar harYilirg of arty hazaxtious material not
listed thereon but required to be listed by Sectics A of Section 9,12.051,
or of an increaase of crtte hundred pennant (100$) ar more in the quantity of
a previously disclosed material ar an increase in the quantity range or a
change in business address, ownership, ar business name.
Section 9.12.051. Information Required.
A. Informatics shall be irrluded in the ffi~II.S for each hazardous material
or mixture o~tainirg a hazardars material stored or handled in a facility
(aggregated aver all such material stared in ore ar mar+e storage
facilities) where the aggregate quantity thrr~x3hout the facility at any
ore time during the reporting year is equal to ar greater than five
hundred (500) pounds in weight far solids, fifty-five (55) gallons far
liquids, or two hundred (200) cubic feet at standard temperature and
pressure (STP) for ocaq~ressed gases.
B. 'Ihe information in the HISS shall include:
1. Far nos-~rastm:
the general chenairxi name, cCmmonytrade name, major ornstituennta
for mixtures, the marufactuzer, United Nations (UN) or North America (2~)
number, if available, and the hazari class ar classes and the Material
Safety Date Sheet (MBAs) ar equivalent information as reequired by
~.
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ORDINANCE bU. 1373
2. Fbr Wastes:
The D~aLtment of Health Services manifest far wastes ar
equivalent information, including the general c3semical and minazal
cang~ositiaai oP the waste listed by probably maximum and mininaaa
ooa~certtration, and the hazard class ar classes.
3. A listing of the chemical name and oarmnn names ar every other
hdzard0u3 material or mixture o0altainiiYJ a hazardous material handled by
the business which is not otherwise listed purstlaTit to paragraph 1 ar 2.
4. The maxiaaan amount of each hazarsieus material ar mixture
containing a hazardous material disclosed in paragraphs 1, 2 and 3 whic3i
is handled at any cage time by the business over the ceurse of the year.
_5. Sufficient informatics on how and whez~e the s~~xir~,a materials
fire, ~~, l~r nd 3 are handled by ttse business to allow
Y to potential rely ea~sa f~t21e klaZalt9uts ma ~
6. The Standard rTr3i,atrj~ Classificati~ (SIC) Code number of the
business if applicable.
7. The name and 24 hour phone number(s) of the person representing
the business who is able to assist emergE+rxy pessc4u~e]. in the event ar an
emergency irn~olvirg the business during nonbusiness hours.
C. The HMIS may report the amount of hazardous material under this
se:.tios by z'anges, rather than a specific amount, pursuant to Section
9.12.041(a)(3)(a)(iii), as long as those ranges provide and informatics
necessary to meet the needs oP emergency reswe pessoausel, to determine
potential hazard fmn a release of the materials, and meets the
purposes of this ordinance.
D. The F~IIS shall also include a carcinogen identification form which
shall indicate the storage of any quantity of any carcinogen listed in
Sections 5208-5215 and Section 5219 of Title 8 of the California
Administrative Code, as mn~~ded. This pmvisian will be satisfied by the
submittal to Cupertino of a Dopy of the Carcinogen Registration form
submitted to the California Depardment of Industrrial Relations in
acwrdance with the above cited sections of Title 8 of the California
Administrative code, as amended.
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ORDINANCE NO. 1373
Section 9.12.053.
Zha F~ffS is a public reoordi however, the information ooaYtained
therein is subject to trade secret protection pursuant to California
health and Safety Oode Section 25511.
~ CITY OCJ~7t~CII, OF ZHE CITY OF CIJPF3iTlT1O ORDAaiS that the City of
Cupertino is hereby designated as the ~++iniACteri ~r to prgpazg an
Flnetigency Respm~~se Plan.
The Council hereby firxis, determines and declares that this ordirsance is
an urge:xy +~A+~,*~+ necessary for the immediate p~servation of the public
health, safety and welfare, and to bring the City into ocag~lianoe with
State law by October 21, 1986 as required by AB 2187.
INTRODUCED AND F2UUCI'ID at a regular meeting of the City Council of the
City of Q~eztino this 6th day of October, 1986 by the Pollatirg vote:
V~$g Members of the Citv Council
AYFS: Catto, Johnson, Plurrgy, Sparks, Rogers
NOFS: Nana
ABSFZdP: Nome
AaSTAIN: Noa1B
AZ'TFSP:
~,
c-c~-
City Clerk _
APPl~L'7VID:
r atY ~
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