Morgan Hill Municipal Code Art. VI Hazardous Materials Management Plans

Each applicant for a permit pursuant to this chapter shall file a written plan, for the 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 the 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. No person, firm or corporation shall store or possess any hazardous material regulated by this chapter without a current HMMP on file with the City.

(Ord. 1082 N.S. § 11, 1992; Ord. 636 N.S. (part), 1983)

The standard form hazardous materials management plan must be submitted unless the facility qualifies as a minimal storage site under Section 8.40.730 of this article. Any person, firm or corporation which has filed an HMMP shall amend the HMMP prior to any substantive changes such as but not limited to: the storage or handling of any hazardous material not listed thereon but regulated under Article IV, an increase of one hundred percent or more in the quantity of a single previously disclosed material providing such storage does not increase the hazard of fire of explosion or the hazard of the production of flammable or poisonous gas, a change in hazardous materials storage placement, business address, ownership or business name, or when required by Section 8.40.140. All other changes shall be amended in writing within thirty days of their occurrence. The HMMP shall include the information set out in Sections 8.40.660 through 8.40.760.

(Ord. 1082 N.S. § 12, 1992: Ord. 636 N.S. (part), 1983)

A. General Information. The HMMP shall contain the name and address of the facility and business telephone number of the applicant, the name and titles and emergency telephone numbers of the primary response persons and an alternate, the number of employees, number of shifts, hours of operation and principal business activity.

B. General Facility Description.

1. The HMMP shall contain a map drawn at a legible scale and in a format and detail determined by the 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.

2. The city 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 mile of the facility boundaries.

C. Facility Storage Map.

1. a.

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 city. The city shall take reasonable precautions to ensure the confidentiality of the information provided pursuant to this subsection.

b. 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.

c. For each storage facility, the map shall contain information as prescribed in this section; 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 8.40.750 of this article, 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 range 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 chapter, but regulated under the Uniform Fire Code, such as radioactives or cryogens, or for materials stored in storage facilities exempted by subsections A and B of Section 8.40.090 of this chapter, 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 (C)(1)(c)(iii) of this section, 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 mixture, United Nations (UN) or North America (NA) number, if available, and physical state.

2. 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 the 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. The 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. 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 city to the permittee or permit applicant; however, the city shall be under no duty to prevent disclosures where there has been any unauthorized discharge of hazardous materials stored in storage facility(s) shown on such map or where such disclosure arises out of any official emergency response relating to the storage facility(s).

3. 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 8.40.740 of this chapter.

(Ord. 1082 N.S. § 13, 1992; Ord. 786 N.S. § 4, 1986; Ord. 636 N.S. (part), 1983)

A hazardous materials inventory statement shall be filed in accordance with Article VII of this chapter.

(Ord. 636 N.S. (part), 1983)

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.

(Ord. 636 N.S. (part), 1983)

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.

(Ord. 636 N.S. (part), 1983)

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 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.

(Ord. 636 N.S. (part), 1983)

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

(Ord. 636 N.S. (part), 1983)

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

B. Requirements for information in the HMMP may be waived where such information is not reasonably necessary to meet the intent of this chapter.

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

(Ord. 636 N.S. (part), 1983)

A. A facility shall qualify as a minimal storage site if the quantity of each hazardous material stored in one or more storage facilities in an aggregate quantity for the facility is less than five hundred pounds for solids, less than fifty-five gallons for liquids or less than two hundred cubic feet 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 of the hazardous materials being stored;

3. For each nonwaste hazardous material which is stored: the general chemical name, common or trade name, major constituents for mixtures, United Nations (UN) or North America (NA) number, Department of Transportation Hazard Class, and physical state. For each waste hazardous material, its presence shall be indicated. 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 through 5215 and 5219 of Title 8 of the California Administrative Code, as amended. This provision will be satisfied by the submittal to the city of a copy of the carcinogen registration form submitted to the California Department of Industrial Relations in accordance with the said 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. A 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 8.40.770 of this chapter is made for any carcinogen listed in Sections 5208 through 5215 and 5219 of Title 8 of the California Administrative Code, as amended, pursuant to subsection (B)(3) of this section, 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.

D. A minimal storage site shall file an amended HMMP short form or standard form as appropriate, prior to any substantive change such as but not limited to: the storage or handling of any hazardous material not listed thereon but regulated under Article IV, an increase of one hundred percent or more in the quantity of a single previously disclosed material providing such storage does not increase the hazard of fire or explosion of the hazard of the production of flammable or poisonous gas, a change in hazardous materials storage placement, in business address, ownership or business name, or when required by Section 8.40.140. All other changes shall be amended in writing within thirty days of their occurrence.

(Ord. 1082 N.S. § 14, 1992; Ord. 849 N.S. §§ 7, 8, 1987; Ord. 786 N.S. § 5, 1986; Ord. 636 N.S. (part), 1983)

All standard form and short form HMMP applications shall be signed under penalty of perjury in a form approved by the city.

(Ord. 1082 N.S. § 15, 1992)

A. In addition to the HMMP requirements set forth in this section, any person, firm or corporation which handles a hazardous material or a mixture containing a hazardous material which has a quantity at any one time during the reporting year equal to, or greater than, a total weight of five hundred pounds, or a total volume of fifty-five gallons, or two hundred 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. Said plan, including the Hazardous Materials Inventory Statement (HMIS) described in Section 8.40.670 of this chapter, shall comprise the "business plan" for purposes of Chapter 6.95 of Title 20 of the Health and Safety Code.

B. Unless the facility qualifies as a minimal storage site under Section 8.40.730, or is otherwise exempt pursuant to Section 8.40.470, the following information shall be provided: emergency response plans and procedures in the event of a reportable release or threatened release of a hazardous material which include, but not be limited to, the following:

1. Immediate notification to the city, or to the city fire department, 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.

C. 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.

D. 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 city instead of filing an emergency response plan specified in subsection A of this section.

E. 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 subsections B and C of this section shall, notwithstanding this exemption, provide the training programs specified in subsection C of this section.

F. The city 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 subsection C of Section 8.40.660, specifying the precise location where hazardous materials are stored and handled on site. The city 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.

(Ord. 786 N.S. § 6, 1986)