Downey Municipal Code Ch. 4 Hazardous Materials Code

There hereby is adopted by reference for the purpose of prescribing regulations governing conditions hazardous to life, property, and the environment from the handling, use, or storage of hazardous materials or from the release or threatened release of hazardous materials or hazardous waste, California Health and Safety Code, Chapter 6.95, Article 1, Section 25500 et seq.; California Code of Regulations, Title 19, Division 2, Chapter 4, Sections 2620 through 2734; California Health and Safety Code, Chapter 6.11, Section 25404 et seq.; California Code of Regulations, Title 27, Division 2, Chapter 4.5, Sections 15160(b)(1), 15100(g)(1), 15100(b)(2), 15100(g)(3), 15330(a); California Code of Regulations, Title 19, Division 2, Chapter 4.5, Sections 2735 through 2785. Three copies of the applicable codes and regulations which are on file in the office of the City Clerk and said Code shall be known as the “Hazardous Materials Code of the City of Downey.”

(Added by Ord. 842, 1-27-87; amended by Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

The City of Downey hereby assumes responsibility for implementing California Health and Safety Code, Chapter 6.95, Article 1, commencing with Section 25500; California Code of Regulations, Title 19, Division 2, Chapter 4, commencing with Section 2620; California Health and Safety Code, Chapter 6.11, commencing with Section 25404; California Code of Regulations, Title 27, Division 2, Chapter 4.5, commencing with Section 15160(b)(1); and California Code of Regulations, Title 19, Division 2, Chapter 4.5, commencing with Section 2735; and adopts the requirements contained therein as the Standards of the City of Downey relating to hazardous materials handling, use, reporting, and Business and Area Response Plans; provided, however, that whenever a conflict exists between the requirements set forth in the applicable California Code of Regulations and the requirements set forth in the remainder of this chapter, the most restrictive requirements shall apply. This Code does not relate to the entire area of hazardous materials reporting, storage, handling, and/or disposal. Therefore, this Code does not preempt any other local ordinances, codes and/or regulations which impose additional or more stringent requirements on businesses which handle hazardous materials.

(Added by Ord. 842, 1-27-87; amended by Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

The City of Downey Fire Department shall be designated the City’s administering agency, responsible for administering and enforcing provisions of this Code.

(Added by Ord. 842, 1-27-87; amended by Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

Any business, which is permitted under a Los Angeles County Certified Unified Program Facility Permit (also referred to as a “Consolidated Permit”), to handle hazardous materials, must annually by March 1st, electronically certify, or submit updated hazardous materials inventory and contingency plan information via the statewide information management system (also known as California Environmental Reporting System (CERS)).

(Added by Ord. 842, 1-27-87; amended by Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

A. Hazarous Materials Business Plan information shall be electronically maintained on the web-based California Environmental Reporting System (CERS). The management and maintenance of CERS is the responsibility of the California Environmental Protection Agency (Cal/EPA). It will be the responsibility of the Downey Fire Department to maintain access to CERS for mandated regulatory activities.

B. Under the Emergency Planning and Community Right-to-Know Act (EPCRA) [42 U.S.C. Section 11001 et seq.] the citizens of Downey, and the public at large, have the right to know the chemical hazardous present in their community. Downey Fire Department is authorized to release information to help local communities protect public health, safety, and the environment from chemical hazards. Downey Fire’s information release shall comply with the requirements set forth in the California Public Records Act [Government Code Section 6250 et seq.; Chapter 6.95 of the California Health and Safety Code Section 25512 et seq.; and Title 27 of the California Code of Regulations.

C. The Fire Department shall assess an administrative fee for processing and reprographic services related to the records request.

D. The Fire Department shall maintain a record of all persons requesting access to the hazardous materials disclosure forms. The record shall include:

(1) The person’s name, address and telephone number, as determined by appropriate photo identification;

(2) The name and address of the business or governmental agency such person represents;

(3) Identification of the specific file(s) examined or requested to be copied.

(Added by Ord. 842, 1-27-87; amended by Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

The City Council shall by Resolution, pursuant to the Fire Chief’s recommendation, establish a schedule of fees and penalties which shall include the following:

A. A schedule of fees sufficient to cover the actual costs to the City of Downey administering this chapter, to be paid annually by persons using or handling hazardous materials;

B. A schedule of fees sufficient to cover the actual costs, including duplication and administration costs, to the City of Downey, of responding to a request from the public for access to Hazardous Materials Business Plans, to be paid by persons requesting access;

C. A schedule of penalties to be assessed for the late filing of any disclosure form.

In order to protect public health, safety, and welfare from chemical hazards; and to ensure compliance with sections contained herein this Code, Downey Fire may impose additional penalties by way of a non-judicial administrative citation for offenses of this Code. These administrative citations shall be in accordance with Article 1, Chapter 4 of the Downey Municipal Code.

(Added by Ord. 842, 1-27-87; amended by Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)