Hayward Municipal Code Part IV Hazardous Materials Management Plan

Pursuant to California Health and Safety Code Section 25502, the City assumes the responsibility for the implementation of Chapter 6.95 of Division 20 of the California Health and Safety Code. Each applicant for a permit pursuant to this Article shall file a written plan, for City's approval, to be known as a Hazardous Materials Management Plan (HMMP), which shall demonstrate the safe storage and handling of hazardous materials. The HMMP may be amended at any time with the consent of City. The HMMP shall be a public record except as otherwise specified. Approval of the HMMP shall mean that the HMMP has provided adequate information for the purposes of evaluating the permit approval. Such approval shall not be understood to mean that the City has made an independent determination of the adequacy of that which is described in the HMMP.

(Amended by Ordinance No. 85-034 C.S., adopted December 17, 1985.)

The standard form Hazardous Materials Management Plan must be submitted unless the facility qualifies as a minimal storage site under Section 3-8.21 below. The HMMP shall include the following:

(a) Facility Description:

(1) General Information. The HMMP shall contain the name and address of the facility and business phone number of applicant, the name and titles and emergency phone numbers of the primary response person and an alternate, the number of employees, number of shifts, hours of operation, and principal business activity.

(2) General Facility Description. The HMMP shall contain a map drawn at a legible scale and in a format and detail determined by City. It shall show the location of all buildings and structures, chemical loading areas, parking lots, internal roads, storm and sewer drains, and shall specify the uses of adjacent properties.

The City may also require information as to the location of wells, flood plains, earthquake faults, surface water bodies, and general land uses (schools, hospitals, institutions, residential areas) within one (1) mile of the facility boundaries.

(3) Facility Storage Map. The HMMP shall contain a Facility Storage Map at a legible scale for licensing and enforcement purposes. The information in this section is provided for purposes of insuring the suitable and secure storage of hazardous materials and for the protection and safety of emergency response personnel of City. City shall take reasonable precautions to insure the confidentiality of the information provided pursuant to this subsection.

The Facilities Storage Map shall indicate the location of each hazardous materials storage facility, including all interior, exterior, and underground storage facilities, and access to such storage 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 storage facility, the map shall contain information as prescribed below, except that where the hazardous material being stored is claimed to be a trade secret, it shall be identified in a coded manner and not in a manner which would reveal trade secret information:

(i) A floor plan to scale and the permit quantity limit;

(ii) For each nonwaste hazardous material which is stored in a quantity greater than the quantities specified in Section 3-8.23(a) the chemical name, common name, major constituents for mixtures, United Nations (UN) or North America (NA) number, if available, and physical state. For each waste hazardous material stored in any quantity within the storage facility, the presence of wastes shall also be indicated;

(iii) For all hazardous materials, including wastes, stored in each storage facility, the hazard class or classes and the quantity range for each such class, aggregated within each storage facility, in the following ranges:

(iv) For materials not regulated under this Article but regulated under the Uniform Fire Code, such as radioactives or cryogens, or for materials stored in storage facilities exempted by Section 3-8.71(a) and (b) the City may require that the hazard class or classes and the quantity range of each such hazard class, using the quantity ranges listed in subsection (iii) above, be provided;

(v) For tanks, the capacity limit of each tank, and the hazardous material contained in each tank by chemical name, common name, major constituents for mixtures, United Nations (UN) or North America (NA) number, if available, and physical state.

Due to the threat to the security of the facility posed by the disclosure of the information in the Facility Storage Map, this information shall be maintained by City for law enforcement purposes only and shall not be made public. Public disclosure of this information could endanger the security of the facility or present a clear danger to public health and safety. City shall not disclose this information to the public without the consent of the permittee or permit applicant unless ordered to do so by a court of competent jurisdiction. Permittee or permit applicant shall be deemed a real party in interest in any such action. Prompt notice of a law suit to compel disclosure shall be given by City to permittee or permit applicant. However, City shall be under no duty to prevent disclosures where there has been any unauthorized release of hazardous materials stored in a storage facility shown on such map or where such disclosure arises out of any official emergency response relating to the storage facility.

The Facility Storage Map shall be updated annually or whenever an additional approval is required for the facility or whenever the Hazardous Materials Inventory Statement is required to be amended pursuant to Section 3-8.22.

(b) Hazardous Materials Inventory Statement. A Hazardous Materials Inventory Statement shall be filed in accordance with Part V of this Article.

(c) Separation of Materials. The HMMP shall contain a description of the methods to be utilized to ensure separation and protection of stored 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.

(d) Monitoring Program. The HMMP shall contain a description of the location, type, manufacturer specifications (if applicable), and suitability of monitoring methods to be used in each storage facility storing hazardous materials which will be conducted by the permittee.

(e) Record Keeping Forms. 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, and for monitoring activity the date and time of any corrective action taken, the name of the inspector, and the countersignature of the designated safety manager for the facility or the responsible official as designated in the HMMP. Checklists and logs are subject to the provisions of Section 3-8.33.

(f) Emergency Equipment. The HMMP shall describe emergency equipment availability, testing, and maintenance.

(g) Variation in Information.

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

(2) Requirements for information in the HMMP may be waived where such information is not reasonably necessary to meet the intent of this Article.

(3) Whenever the permittee has submitted a plan which includes substantially the same information as is required for any component of the HMMP to any other public agency regulating hazardous materials, such plan may be submitted to City in lieu of such component. The City may give deference to any approval of such plan by the other public agency.

(h) Hazardous Materials Handling. The HMMP shall contain a description of the handling of hazardous materials to demonstrate that such handling shall be conducted in a manner to prevent the accidental release of such material.

(i) Variance from Recording Requirements. The HMMP may include a variance from the one-ounce standard set forth in Section 3-8.26(a)(2) if the Fire Chief determines that the purposes of this Article will be protected by such variance.

(a) A facility shall qualify as a minimal storage site if the quantity of each hazardous material stored in one (1) or more storage facilities in an aggregate quantity for the facility, is five hundred (500) pounds or less for solids, 55 gallons or less for liquids, or 200 cubic feet or less at STP for compressed gases.

(b) The applicant for a permit for a facility which qualifies as a minimal storage site may opt to file the short form Hazardous Material Management Plan. Such plan shall include the following components:

(1) General application information;

(2) A simple line drawing of the facility showing the location of the storage facilities and indicating the hazard class or classes and physical state of the hazardous materials being stored and whether any of the material is a waste;

(3) The short form HMMP shall also include a carcinogen identification form which shall indicate the storage of any quantity of any carcinogen;

(4) Information describing that the hazardous materials will be stored in a suitable manner and will be appropriately contained, separated and monitored;

(5) Description of emergency equipment to be maintained;

(6) Assurance that the disposal of any hazardous materials will be in an appropriate manner.

(c) Where a claim for trade secret protection pursuant to Section 3-8.25 is made for any carcinogen pursuant to subsection (b)(3) above, the carcinogen identification form to be publicly disclosed shall identify all carcinogens not claimed to be trade secrets and it shall indicate the number of carcinogens claimed to be trade secrets.