Chapter 17.16 — HAZARDOUS MATERIALS MANAGEMENT PLAN

Each applicant for a permit, a renewed permit, or an amended permit pursuant to this title shall file a written plan, for the fire chief's approval, to be known as a hazardous materials management plan (HMMP), which shall demonstrate the suitable storage of hazardous materials. The HMMP may be amended at any time with the consent of the fire chief. The HMMP shall be a public record except as otherwise specified. Section 18.23.100 in Title 18 identifies notification requirements of the availability of the HMMP. 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.

(Ord. 5381 § 8, 2016: Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

The standard form hazardous materials management plan must be submitted unless the facility qualifies as a minimal storage site under Section 17.16.030. The HMMP shall include and be subject to the following:

(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. The city shall take reasonable precautions to ensure the confidentiality of home telephone numbers of employees listed on the HMMP.

(b) 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, 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. 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. The fire chief may require a facility storage map lock box, which shall be stored in a location accessible to emergency response personnel. The type of lock box and its location shall be subject to the approval of the fire chief.

The facilities storage map shall indicate the location of each hazardous materials storage facility 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 and associated identified storage area form 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 (and the key shall be provided separately) and not in a manner which would reveal trade secret information:

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

(2) An identified storage area form shall be provided for each location in which a hazard class or hazardous material exceeds those quantities specified in Section 17.20.020(a). Each such location shall be indicated on the facility map. For each nonwaste hazardous material which is stored in a quantity greater than the quantities specified in Section 17.20.020(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;

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

Quantity Range Amounts Range Number Up to and including 500 pounds for solids, 55 gallons for liquids, and 1 200 cubic feet at STP for compressed gases, Between 500 and 5,000 pounds for solids, 55 and 550 gallons for 2 liquids, and 200 and 2,000 cubic feet at STP of compressed gases, 3 Between 5,000 and 25,000 pounds for solids, 550 to 2,750 gallons for liquids, and 2,000 to 10,000 cubic feet at STP for compressed gases,

Between 25,000 and 50,000 pounds for solids, 2,750 and 5,500 gallons

4 for liquids, and 10,000 and 20,000 cubic feet at STP for compressed gases, More than 50,000 pounds for solids, 5,500 gallons for liquids, and 5 20,000 cubic feet at STP for compressed gases;

(4) For materials not regulated under this title, but regulated under the Uniform Fire Code, such as radioactives or cryogens, or for materials stored in storage facilities exempted by Section 17.52.040(a) and (b), the fire chief may require that the hazard class or classes and the quantity range of each such hazard class, using the quantity ranges listed in subsection (3) above, be provided;

(5) For hazardous materials which are water reactive, the map shall provide a code for their location;

(6) 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.

(7) Once permit quantity limits are established in accordance with Section17.32.070, the fire chief may require the posting of such approved limits at each storage facility.

(d) Confidentiality of Facility Storage Map. 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. 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. 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 discharge of hazardous materials stored in any storage facility shown on such map or where such disclosure arises out of any official emergency response relating to the storage facility.

(e) Annual Update. 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 17.20.010.

(f) Hazardous Materials Inventory Statement. A hazardous materials inventory statement shall be filed in accordance withChapter 17.20 .

(g) 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.

(h) 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.

(i) Recordkeeping 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.

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

(k) Variation and Information.

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

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

(Ord. 4002 § 1 (part), 1990: Ord. 3716 § 1, 1986: Ord. 3435 § 1 (part), 1983)

(a) In addition to the HMMP requirements set forth in this chapter, any person who 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 (STP) 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 (the "HMIS") described in Chapter 17.20 of this title, shall comprise the "business plan" for purposes of Chapter 6.95 of Title 20 of the California Health and Safety Code. Section 18.23.100 in Title 18 identifies notification requirements of the availability of the business plan.

(b) Unless the facility qualifies as a minimal storage site under Section17.16.030, or is otherwise exempt pursuant to Section17.08.020, the emergency response plans shall provide the following additional information:

(1) Emergency response plans and procedures in the event of a reportable release or threatened release (as that phrase is defined in Section 25501(p) of the California Health and Safety Code) of a hazardous material, which shall include, but not be limited to, the following:

(A) Immediate notification to city and the State Office of Emergency Services;

(B) Procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property or the environment;

(C) Evacuation plans and procedures for the business site, including immediate audible notice and warning to all persons on the site;

(D) Identification of areas of the facility and mechanical or other systems that require immediate inspection or isolation because of their vulnerability to earthquake related ground motion;

(E) Procedures to prevent an accidental spill or leak of hazardous materials from reaching either the sanitary sewer system or the storm sewer system, as those terms are defined in Chapter 16.09 of the Palo Alto Municipal Code.

(c) Training shall be provided for all new employees, and annual training, including refresher courses, shall be provided 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 5.1010) 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 the emergency response plans 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 California Health and Safety Code from filing the information specified in subsections (e) and (d) of this section shall, notwithstanding this exemption, provide the training program specified in subsection (d) 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. Said 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 17.16.020(c), specifying the precise location where hazardous materials are stored and handled on site. Pursuant to California Health and Safety Code Section 25506, the city is required to transmit copies of the entire emergency response plan, or any information contained therein, to any requesting state or local agency.

(Ord. 5381 § 9, 2016: Ord. 4066 § 3, 1992: Ord. 4002 § 1 (part), 1990: Ord. 3716 § 2 (part), 1986)

(a) A facility qualifies 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 entire facility is five hundred pounds or less for solids, fifty-five gallons or less for liquids, or two hundred 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, whether any of the material is a waste, and shall indicate presence and location of hazardous materials which are water reactive;

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

(4) Description of emergency equipment to be maintained;

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

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

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