Fremont Municipal Code Art. IV Hazardous Materials Management Plan

Each applicant for a permit pursuant to this chapter and as described in Article VIII shall submit a written plan, for approval by the city, to be known as a hazardous materials management plan (HMMP), which shall demonstrate the safe storage, transportation, use and handling of hazardous materials. The HMMP may be amended at any time with the consent of the city. The HMMP shall be a public record except as otherwise specified. For additional requirements, see Section 8.35.010(c) and (d). (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12400.)

The hazardous materials management plan (HMMP) must be submitted for each facility handling hazardous materials in an amount specified in Section 8.35.250(a). The applicant may seek preliminary permit approval based on the plans for all facilities in accordance with Section 8.35.120 and the HMMP submittal. The information in this section is provided for purposes of ensuring the safe and secure management of hazardous materials as well as the protection and safety of emergency response personnel.

(a) Content of Standard Form HMMP.

(1) Facility Description.

(A) General Information. The HMMP shall contain the name and address of the facility and business phone number of applicant, the address and phone number of the company’s home office, the name and title and business phone number of the responsible official, number of employees, number of shifts and their hours of operation; the principal business activity; mailing address if different from above; the name and address of the property owner; SIC code; Dun and Bradstreet number, the name of the company’s fire policy insurance carrier, inspection contact and emergency contact(s) with 24-hour phone numbers; and the length of time the business has been in operation. The general information required under this section must be kept current. The city must be notified within 30 days of any changes in ownership, responsibilities, phone numbers and other information in the HMMP.

(B) Site Map. The HMMP shall contain a site map indicating the general facility description drawn at a legible scale on eight and one-half-inch by 11-inch paper(s). It shall show the location of all buildings and structures; chemical loading areas; indicate the north direction; scale; evacuation areas; access and egress points; parking lots; external and internal roads; storm and sewer drains; and it shall specify the uses of adjacent properties.

(C) Additional Site Information. Information related to the location of wells, floodplains, earthquake faults, surface water bodies, land uses for sensitive receptors (schools, hospitals, institutions, residential areas) within 1,000 feet of the facility boundaries is also required.

(D) Facility Storage Map. The HMMP shall contain a facility storage map drawn in a legible scale and presented on eight and one-half-inch by 11-inch paper(s).

The facility’s storage map shall indicate the location of each hazardous materials area, including all transfer, interior, exterior and underground facilities, as well as access to such facilities. In addition, the map shall indicate the location of emergency equipment related to each storage facility, and the general purpose of the other areas within each facility.

For each facility, the map shall contain information as prescribed below:

(i) Include a detailed floor plan drawn to scale which indicates the maximum quantity stored in each area.

(ii) For each hazardous material specified in Section 8.35.250(a), include the general chemical name, common/trade name, major constituents for mixtures, United Nations (UN) or North America (NA) number, CAS number, and physical state. Indicate the presence and quantity of each waste hazardous material within the facility.

(iii) For all acutely and/or extremely hazardous materials, including wastes stored in each facility, indicate the NFPA hazard class or classes and the respective quantity range within each facility.

(iv) For any amount of material that is pyrophoric, hypergolic, or a class three explosive, indicate the hazard classes, aggregate quantities and locations within each facility.

(v) For materials not regulated under this chapter, but regulated under the Uniform Fire Code, or for materials in facilities exempted by Section 8.35.740(a) or (b), the city may require some or all of the HMMP requirements to apply.

(2) Hazardous Materials Inventory Statement. The HMMP shall contain a hazardous materials inventory statement in accordance with Article V of this chapter.

(3) Hazardous Materials Handling. The HMMP shall contain a detailed description of the handling of hazardous materials, including empty containers, to demonstrate that such handling shall be conducted in a manner to prevent the accidental release of such material and is appropriately secondarily contained in accordance with Article III of this chapter.

(4) Separation of Materials. The HMMP shall contain a description of the methods utilized to ensure separation and protection of hazardous materials from factors which may cause a fire or explosion, or the production of a flammable, toxic, or poisonous gas, or the deterioration of the primary or secondary containment.

(5) Monitoring Program. The HMMP shall contain an appropriate description of the location, type, manufacturer specifications (including sensitivity, calibration, testing procedures and intervals) and suitability of monitoring methods to be used in each facility with hazardous materials.

(6) Security Precautions. The HMMP shall contain a description of the security precautions which will be utilized to prevent the unknowing or unauthorized entry of persons or animals into the storage facilities.

(7) Hazard Labeling and Warning Signs. The HMMP shall contain a plan to provide warning markings on containers, storage areas, storage structures, surrounding fences, gates, and accessways, in a manner acceptable to the city.

(8) Facility Inspection.

(A) Inspection and Record Keeping. The HMMP shall contain a schedule and procedures in accordance with Article VII of this chapter for inspecting each facility and its related monitoring, safety, and emergency equipment, security devices, operating and structural equipment. The HMMP shall contain a written inspection procedure acceptable to the city for inspecting the facility for malfunctions and deterioration, operators’ errors, poor housekeeping practices, and unauthorized discharges of hazardous materials. Reporting of unauthorized releases shall be in accordance with Article VI of this chapter.

These inspections must be scheduled at appropriate frequencies and must be recorded in an authorized checksheet or log to be maintained for three years from the date of inspection.

(B) The HMMP shall contain an inspection checksheet or log designed to be used in conjunction with routine inspections. The checksheet or log shall provide for the recording of the date and time of inspection, the date and time of any corrective action taken, the name of the inspector, and the counter signature of the designated safety manager for the facility or the responsible official as designated in the HMMP.

(9) Employee Training. The HMMP shall contain a summary of the applicant’s employee training program designed to be appropriate to the types and quantities of hazardous materials on site. Training must prepare employees to safely handle hazardous materials on a daily basis and during emergencies, including:

(A) Instruction in safe storage and handling of hazardous materials;

(B) Instruction in emergency procedures for leaks, spills, evacuations, fires or explosions, including shutdown of operations and notification of the proper authorities;

(C) Record keeping procedures for documenting training given to employees; and

(D) Personal protective equipment.

(10) Emergency Equipment. The HMMP shall describe emergency equipment availability, testing, and maintenance to assure that it is adequate and appropriate for potential emergencies involving the hazardous materials.

(11) Contingency Plan. The HMMP shall contain a contingency plan which describes the procedures which facility personnel must take in response to fires, seismic events, explosions, or any unauthorized discharge of a hazardous material.

The HMMP shall have simplified emergency procedures to be provided to each employee who is, or who may be, exposed to hazardous materials and posted in conspicuous locations where the regulated hazardous materials are handled.

If the permittee or permit applicant has already prepared an approved contingency plan in accordance with California Department of Health Service and/or federal regulations, that plan, or relevant portions thereof, may be submitted. The contingency plan must include the name, business address and emergency telephone number of the primary emergency response person and an alternate, the list of emergency equipment, an evacuation plan, and a list of emergency assistance numbers to be called.

(12) Closure Plan. The HMMP shall contain a closure plan which describes procedures for terminating the handling of hazardous materials in each facility in a manner that:

(A) Eliminates the need for further maintenance;

(B) Controls, to the extent possible, any threat to public health or safety or to the environment from residual hazardous materials in the facility which have not been eliminated; and

(C) Demonstrates that hazardous materials that were in the facility will be removed, disposed, neutralized, or reused in an appropriate manner.

(13) Access to HMMP. Each facility must have a complete copy of their HMMP on site and readily available to employees, emergency response personnel and regulatory personnel.

(14) Responsible Officers. All HMMP must be signed by a responsible officer of the company and dated as to submittal.

(15) The HMMP shall provide a full right of entry, authorizing the city manager and his/her designee to enter the permittee’s or applicant’s premises at any reasonable time for the purpose of inspection, photographing, videotaping, sampling, interviewing employees and other concerned parties, as well as other activities whose purpose is to investigate and/or document the record, an activity, or nonaction.

(b) Variations in Submittals.

(1) Additional information may be required for the HMMP where such information is reasonably necessary to meet the intent of this chapter.

(2) Requirements for information in the HMMP may be waived by the city manager or his/her designee where such information is not reasonably necessary to meet the intent of this chapter.

(c) Updates and Revisions.

(1) The HMMP shall be updated at least annually and within 30 days of any significant change involving a hazardous materials facility or whenever there is an unplanned release of hazardous materials.

(2) The contingency plan must be reviewed and amended as soon as is reasonable, but in no case more than 30 days after:

(A) Applicable regulations are revised;

(B) The plan fails in an emergency;

(C) The facility changes in any significant aspect. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12401.)