Division 5 — MANAGEMENT PLAN

Each applicant for a permit pursuant to this article shall file a written plan for the Enforcing Officer'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 the Enforcing Officer. 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 Enforcing Officer has made an independent determination of the adequacy of that which is described in the HMMP.

(Code 1968, § 35.040.005)

The standard form hazardous materials management plan must be submitted unless the facility qualifies as a minimal storage site under section 13.20.415. The HMMP shall include the following:

(1)

Facility description. The facility shall be described as follows:

a.

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.

b.

General facility description. The HMMP shall contain a map drawn at a legible scale and in a format and detail determined by the Enforcing Officer. 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 Enforcing Officer may also require information as to the location of wells, floodplains, earthquake faults, surface water bodies, and/or general land uses (schools, hospitals, institutions, residential areas) within one (1) mile of the facility boundaries.

c.

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 ensuring the suitable and secure storage of hazardous materials and for the protection and safety of emergency response personnel of the Enforcing

Officer. The Enforcing Officer shall take reasonable precautions to ensure 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 a trade secret, it shall be identified in a coded manner (together with its key) 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 13.20.485(a), the general chemical name, common/trade 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 sections 13.20.050(1) and (2), the Enforcing Officer 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 general chemical name, common/trade 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 posted by the disclosure of the information in the facility storage map, this information shall be maintained by the Enforcing Officer 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. The Enforcing Officer 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. The permittee or permit applicant shall be deemed a real party in interest in any such action. Prompt notice of a lawsuit to compel disclosure shall be given by the Enforcing Officer to permittee or permit applicant. However, the Enforcing Officer shall be under no duty to prevent disclosures where there has been any unauthorized discharge of hazardous materials stored in storage facilities shown on such map or where such disclosure arises out of any official emergency response relating to the storage facilities.

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 13.20.480.

(2)

Hazardous materials inventory statement. A hazardous materials inventory statement shall be filed in accordance with division 6 of this article.

(3)

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.

(4)

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 are liquids or solids at STP. It shall also specify the frequency of inspections of storage facilities which will be conducted by the permittee.

(5)

Recordkeeping forms. The HMMP shall contain an inspection check sheet or log designed to be used in conjunction with routine inspections. The check sheet 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.

(6)

Emergency equipment. The HMMP shall describe emergency equipment availability, testing, and maintenance.

(7)

Variation in information.

a.

Additional information may be required for the HMMP where such information is reasonably necessary to meet the intent of this article.

b.

Whenever 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 the Enforcing Officer in lieu of such component(s). The Enforcing Officer may give deference to any approval of such plan by the other public agency.

(Code 1968, § 35.040.010)

(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, fifty-five (55) gallons or less for liquids, or two hundred (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 waste material;

(3)

The short form HMMP shall also include a carcinogen identification form which shall indicate the storage of any quantity of any carcinogen listed in sections 5208—5215 and section 5219 of title 8 of the California Administrative Code, as amended. The provision will be satisfied by the submittal to the Enforcing Officer of a copy of the carcinogen registration form submitted to the California Department of Industrial Relations in accordance with the above cited sections of title 8 of the California Administrative Code, as amended;

(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 this article is made for any carcinogen listed in sections 5208-5215 and section 5219 of title 8 of the California Administrative Code, as amended, 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.

(Code 1968, § 35.040.015)

(a)

In addition to the HMMP requirements set forth in this division, any person who handles a hazardous material or a mixture containing a hazardous material which has a quantity at any one (1) time during the reporting year equal to, or greater than, a total weight of five hundred (500) pounds, or a total volume of fifty-five (55) gallons, or two hundred (200) cubic feet at standard temperature and pressure for compressed gas, shall establish and implement a plan for emergency response to a release or threatened release of a hazardous material pursuant to this section. Such plan, including the hazardous materials inventory statement (HMIS) described in division 6 of this article, shall comprise the business plan for purposes of chapter 6.95 of title 20 of the Health and Safety Code. Filing of such plans shall be pursuant to the provisions of section 25505 of the Health and Safety Code.

(b)

For purposes of this section, in addition to the materials regulated in division 3 of this article, the term hazardous material shall include those things specified in section 25501(j), (k), and (l), and section 25501.1 of the Health and Safety Code.

(c)

Unless the facility qualifies as a minimal storage site under section 13.20.415, or is otherwise exempt pursuant to 13.20.235, the following information shall be provided:

(1)

Emergency response plans and procedures in the event of a reportable release or threatened release of hazardous material which include, but is not limited to, the following: immediate notification to the Town, to the Enforcing Officer, and to the State Office of Emergency Services.

(2)

Procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property, or the environment.

(3)

Evacuation plans and procedures for the business site, including immediate audible notice and warning to all persons on the site.

(d)

Training shall be provided for all new employees, and annual training, including refresher courses, for all employees in safety procedures to be utilized in the event of a release or threatened release of a hazardous material. Such training shall include, but not be limited to, familiarity with the plans and procedures specified above. These training programs may take into consideration the technical and managerial responsibilities of each employee.

(e)

Any business required to file a pipeline operations contingency plan in accordance with the California Pipeline Safety Act of 1981 chapter 5.5 (commencing with section 51010 of part 3 of division 1 of title 5 of the Government Code) and the regulations of the Department of Transportation, found in part 195 of title 49 of the Code of Federal Regulations, may file a copy of those plans with the Enforcing Officer instead of filing an emergency response plan specified in subdivision A.

(f)

Any business operating a farm exempted by paragraph (5) of subdivision (b) of section 25503.5 of the Health and Safety Code from filing the information specified in subdivisions (b) and (c) shall, notwithstanding this exemption, provide the training programs specified in subdivision (c).

(g)

The Enforcing Officer shall maintain records of all emergency response plans and procedures received and shall index them by street address and company name. Such plans and revisions thereto shall be available for public inspection during regular working hours, except for those portions of such plan, including any maps of the facility as described in section 13.20.410(1)c., specifying the precise location where hazardous materials are stored and handled onsite. The Enforcing Officer is required by Health and Safety Code section 25506 to transmit copies of the entire emergency response plan or any information contained therein to any requesting State or local agency.

(Code 1968, § 35.040.020)

Secs. 13.20.425—13.20.475. - Reserved.