El Segundo Municipal Code Ch. 5 Hazardous Materials, Wastes

ARTICLE A. INVENTORY AND EMERGENCY RESPONSE PLAN

SECTION:

For the purpose of this Article, the following words shall have the meanings ascribed to them in this Section:

ACCIDENTAL RELEASE: An unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.

EXTREMELY HAZARDOUS SUBSTANCE: Any chemical listed in Appendix A of part 355 of subchapter J of chapter I of title 40 of the Code of Federal Regulations.

OWNER OR OPERATOR: Any person who owns, leases, operates, controls, or supervises a stationary source.

RMP: The risk management plan required under part 68 (commencing with section 68.1) of subchapter C of chapter I of title 40 of the Code of Federal Regulations and by California Health and Safety Code, division 20, chapter 6.95 article 2 (commencing with section 25531).

REGULATED SUBSTANCE: Any substance, unless otherwise indicated, listed in title 19, California Code of Regulations, section 2770.5, as amended.

STATIONARY SOURCE: Any stationary source, as defined in section 68.3 of title 40 of the Code of Federal Regulations and title 19, California Code of Regulations, section 2735.3.

THRESHOLD QUANTITY: The quantity specified for a regulated substance pursuant to title 19, California Code of Regulations, section 2770.5 and determined to be present at a stationary source. (Ord. 1285, 2-17-1998; amd. 2000 Code)

A. Designation: Pursuant to the provisions of the California Health and Safety Code sections 25500 through 25520, or as they may be amended, the City Manager or his designee is designated as the administering agency for the implementation of the hazardous material inventory and emergency response program within the City. (Ord. 1088, 8-19-1986; amd. 2000 Code)

B. Responsibilities: In order to effect such implementation, the City Manager shall:

1. Enforce the provisions of the California Hazardous Materials Release Response Plans and Inventory Law; and

2. Prepare supplemental regulations from time to time to facilitate such enforcement. (Ord. 1088, 8-19-1986)

Pursuant to the provisions of the California Health and Safety Code, chapter 6.11, division 20, and chapter 6.95, commencing with section 25500, supplemented by division 2, title 19 of the California Code of Regulations, the City assumes administrative and enforcement responsibility for the implementation of title 19, division 2 of the California Code of Regulations and chapter 6.95 of the California Health and Safety Code. (Ord. 1285, 2-17-1998)

A. Permit Required: A permit from the Fire Department is required to perform any or all of the activities as identified in chapter 6.11 of division 20 of the California Health and Safety Code. The permittee shall operate all activities in accordance with established permit conditions to the extent such conditions are identified in regulation, ordinance, or policy and as they apply to the permittee's operation.

B. Permit Fees: Any person required by this Article to have a permit shall pay the established permit fee as it related to the implementation of any and all CUPA elements. The CUPA elements shall include, but not be limited to, those programs identified in chapter 6.11, division 20 of the California Health and Safety Code. The State-mandated surcharges shall be separate from the City permit fee. The permittee shall pay the amount as designated in the fee resolution, as may be amended by the Council from time to time. In addition to the remedies set forth in the California Health and Safety Code, further remedies, fees or restitution authorized by this Code, not inconsistent with State law, shall apply to any violation of the State laws. (Ord. 1285, 2-17-1998)

Effective March 1, 1998, stationary sources handling extremely hazardous substances or regulated substances shall complete and submit the California Accidental Release Prevention Program registration form [OES 2735.6 (6/97)] to the Fire Department. New or modified stationary sources shall register prior to the date on which a regulated substance is first present in a process. (Ord. 1285, 2-17-1998)

Effective June 21, 1999, each owner or operator of a stationary source, which handles more than a threshold quantity of a regulated substance or extremely hazardous substance, shall submit a single RMP that addresses all elements required in 40 CFR part 68 and title 19, California Code of Regulations, division 2, chapter 4.5. (Ord. 1285, 2-17-1998)

Any person who violates section 25507 of the State Health and Safety Code shall be subject to the penalties specified in section 25515 of the State Health and Safety Code. This Section is supplemental to and in addition to any other civil or criminal liability or penalty provided by law. (Ord. 1088, 8-19-1986)

ARTICLE B. UNDERGROUND STORAGE

SECTION:

Pursuant to the provisions of the California Health and Safety Code, chapter 6.11, section 25404, and chapter 6.7, section 25283, the City assumes enforcement responsibility for the implementation of title 23, division 3, chapters 16 and 18 of the California Code of Regulations and division 20, chapters 6.7 and 6.75 of the California Health and Safety Code. Chapter 16 and chapter 6.7 relate to underground storage of hazardous materials. Chapter 18 and 6.75 relate to petroleum underground storage tank cleanup. (Ord. 1264, 2-4-1997; amd. 2000 Code)

Any person required by this Chapter to have a permit or to pay fees related to the underground storage of hazardous substances shall pay that amount as designated in the City Fee Resolution, as may be amended by the Council from time to time. In addition to the remedies set forth in the Health and Safety Code, further remedies, fees or restitution authorized by this Code, not inconsistent with the State law, shall apply to any violation of the State laws. (Ord. 1264, 2-4-1997)