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HomeMy WebLinkAboutORDINANCES - 04281987 - 87-5 { r 1 4 ORDINANCE NO. 87-5 (Hazardous Materials Release Response Plans and Inventory) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I . SUMMARY. This ordinance adds Division 450 to the County Ordinance Code, to impose regulations supplemental to those imposed by Health and Safety Code Chapter 6. 95 (§ 25500 et. seq. ) , concerning hazardous materials release response plans and inventory. Specifically, this ordinance requires business plans to include information in addition to that which is required by State law, and requires business plans to be submitted by businesses handling a specified amount of hazardous material even if the product containing the hazardous material is intended for direct distribution to and use by the general public if the product containing the hazardous material is not pre-packaged. This ordinance also provides an appeal process for decisions, designates the Health Services Department as the administering agency and reaffirms the Board' s ability to adopt fees. SECTION II . Division 450 is added to the Ordinance Code, to read: DIVISION 450 HAZARDOUS MATERIALS Chapter 450-2 Hazardous Materials Release Response Plans and Inventories 450-2. 002 Purpose. Health and Safety Code Chapter 6. 95 (commencing with Section 25500 ) requires any business which handles a specified quantity of a hazardous material or a mixture containing a hazardous material , to establish a business plan for emergency response to a release or threatened release of a hazardous material, which includes an inventory of hazardous materials handled by the business. Health and Safety Code Chapter 6.95 does not preclude the imposition of additional or more stringent requirements by local government. The purpose of this Division is to impose regulations in addition to Health and Safety Code Chapter 6. 95, for the protection of the public and emergency rescue personnel in the County, and to facilitate implementation of said chapter . (Ord. 87- 5 § 2 . ) 450-2. 004 Definitions. (1) The terms used herein shall have the meanings ascribed to them in Health and Safety Code Section 25501. (2 ) "Facility" means a single location or site where hazardous materials are handled. (Ord. 87- 5 § 2. ) ORDINANCE NO. 87/5 (11/19/86) Attachment 1 450-2. 006 Administering Agency. The Health Services Department is the designated administering agency in Contra Costa County, responsible for administering and enforcing the provisions of Health and Safety Code Chapter 6. 95 and this division, and is empowered to take all actions necessary therefor. The Health Services- Director or his designee is designated and empowered to carry out all functions under Chapter 6. 95 and this Division unless the Board, by resolution or order, designates another agency (Ord. 87 ..- 5 § 2 . ) 450-2. 008 . Unpackaged Consumer Products. (1) Findings. The Board hereby finds that the handling of consumer products which are not pre-packaged, and which contain a hazardous material or a mixture containing a hazardous material, poses the same threat to the public and emergency rescue personnel as the handling of any hazardous material or mixture containing a hazardous material not meant for direct distribution to the general public. For this reason, consumer products which are not pre-packaged for direct distribution to, and use by, the general public should be subject to the same regulations as hazardous materials or mixtures thereof, of like quantities. (2 ) Business Plans Required. Notwithstanding Health and Safety Code § 25503. 5, any business handling a hazardous material or mixture containing a hazardous material, which has a quantity at any one time during the reporting year equal to, or greater than, a total weight of 500 pounds, or a total volume of 55 gallons, or 200 cubic feet at standard temperature and pressure for compressed gas, contained solely in a consumer product for direct distribution to, and use by, the general public, and which is not pre-packaged prior to such distribution, shall establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance with Health and Safety Code § 25500 et seq. , and the standards and regulations adopted pursuant thereto and in this Division. (Ord. 87 - 5 §2 . ) 450-2. 010 Business Plans. Business plans shall be submitted on the form and in the manner prescribed by the administering agency. In addition to the information required by State law, business plans shall include: (a) Number of employees at the facility; (b) Square footage of facility; (c) Four-digit Department of Transportation Identification Number; and (d) Any other information required by the Board. (Ord. 87- 5 § 2. ) 450-2. 012 . Fees. Pursuant to Health and Safety Code §25513, the Board may, by resolution and from time to time, adopt a schedule of fees to be collected from each business required to submit a business plan pursuant to Health and Safety Code Chapter 6. 95 or this division. (Ord. 87- 5 §2. ) 450-2.014 Appeals. Any decision of the administering agency may be appealed to the hearing authority, in the manner and according to the procedures for appeals from the permit authority in decisions concerning underground storage of hazardous substances, set forth in Sections 413-5.290 through 413-5. 330, inclusive, of this Code. (Ord. 87- 5 § 2 . ) -2- ORDINANCE NO. 87-5 (11/19/86) SECTION III . EFFECTIVE DATE. This Ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the Supervisors voting for and against it in the Contra Costa Times , a newspaper published in this County. PASSED on April 28, 1987 , by the following vote: AYES: Supervisors Powers , Fanden, Torlakson, McPeak. NOES: None . ABSENT: Supervisor Schroder. ABSTAIN: None . ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By k Deputy jBcTard Chair [SEAL] -3- ORDINANCE NO. 87-5 (11/19/86)