Windsor Municipal Code Art. 5 Standards

a

Any owner or operator who handles hazardous materials in quantities described in the California Health and Safety Code, Section 25503.5, shall file a business plan which shall include, but may not be limited to a hazardous materials inventory statement, a hazardous waste inventory statement, a site plan and floor plans on standardized forms provided by the Administrative Authority. Any owner or operator handling ACUTELY hazardous materials shall be required to complete a State Office of Emergency Service form in conformance with Section 25533, Chapter 6.95, Division 20, Health and Safety Code. Any commercial business operating a farm for purposes of cultivating the soil or raising or harvesting any agricultural or horticultural commodity, which stores, handles or uses hazardous materials shall submit an HMIS, HWIS, site plan and floor plan(s) to the Agricultural Commissioner prior to January 1 of each year (see paragraph i. of Section 13-1-510). Any owner or operator handling a substance from the EPA list of Extremely Hazardous Substances in quantities equal to or greater than the Threshold Planning Quantities shall comply with Title III of the "Superfund Amendment and Reauthorization Act of 1986" and this chapter. This article does not apply to private homeowners or retail establishments selling hazardous materials in original containers from the manufacturer in household quantities. Upon appropriate notice to the handler that the weight or volume limits are to be lowered for a specific hazardous material, the Administrative Authority may require filing an HMIS for that specific hazardous material because of public health, safety or environmental concerns.

b. A separate HMIS, HWIS and floor plan is required for each identified storage area at a facility. The HMIS and HWIS shall be submitted on forms provided by the Administrative Authority. The Agricultural Commissioner will provide forms for agricultural businesses.

c. The inventory shall include the category of waste of any quantity, including the general chemical and mineral composition of the waste listed by probable maximum and minimum concentrations of every hazardous waste handled by the business.

d. The inventory shall include the maximum amount of each hazardous material (waste and non-waste) which is handled at any one (1) time and the total amount handled by the business over the course of the year. These amounts must be expressed in commonly understood units appropriate to the manner in which the hazardous materials are handled (e.g., gallons, cubic feet per minute, kilograms, pounds, curies, etc.).

e. An amended HMIS/HWIS shall be provided within thirty (30) days of the aboveground storage of any new substance where the aggregate quantity increases into the next range by ten (10%) percent or more or if a ten (10%) percent or greater change occurs in a carcinogen, any handling of a previously undisclosed hazardous material subject to the inventory requirements of this chapter, change of business address or change of business name.

f. The inventory of information declared to be trade secret shall be placed on a separate sheet from the information not declared to be trade secret. The trade secret information sheets shall be clearly marked "Trade Secret."

g. Notwithstanding the provisions of paragraph a. of Section 13-1-500 any handler who handles any quantity of a hazardous material which is a carcinogen shall file an HMIS/HWIS with the Administrative Authority.

a. Any permittee operating a hazardous materials storage facility under this chapter shall file an annual report on forms provided by the Administrative Authority. The report shall detail any changes in the usage of the storage facility including, but not limited to, the addition or deletion of hazardous materials, changed in monitoring procedure and authorized release occurrences as defined in this chapter and Division 20, Chapter 6.7, Sections 25293, 25294 and 25295, Health and Safety Code.

b. Application of this chapter by the Administrative Authority shall be in coordination with agencies having hazardous materials regulation responsibilities and shall minimize duplication of hazardous material control efforts among these agencies.

c. The manufacture, storage, on-site transportation or use of hazardous materials shall be safeguarded with such protective facilities as public safety requires.

d. The Administrative Authority shall enforce standards found in the currently adopted Uniform Fire Code and other regulations. These include, but are not limited to:

1. The separation or isolation of any substance that in combination with other materials may bring about a fire or explosion or may liberate a flammable or poisonous gas or otherwise endanger the public.

2. The separation of occupancies or buildings from other storage when the quantity stored constitutes a fire or life hazard.

e. Defective containers which permit leakage or spillage shall be disposed of or repaired in accordance with recognized safe practices or applicable laws or regulations; no spilled substance shall be allowed to accumulate on floors or shelves.

f. Where specific requirements are not otherwise established, storage, transportation or use of hazardous materials shall be in accordance with nationally recognized standards or good practices.

g. Visible hazard identification signs as specified in U.F.C. Standard No. 79-3 as amended, shall be placed at all entrances to and in locations where hazardous materials are stored, handled or used in quantities requiring a permit under this chapter.

h. Procedures outlined in the Sonoma County Operational Area Hazardous Materials Incident Response Plan shall be implemented for containing or neutralizing spills or leakage of hazardous materials which may occur during storage, handling, transportation or use.

i. Material Safety Date Sheets (MSDS) shall be readily available for all hazardous materials on the premises.

a. Each facility issued a permit to operate under this chapter shall have an approved Business Plan on file with the Administrative Authority.

b. The facility Business Plan shall include, but need not be limited to:

1. A copy of the facility site plan and floor plan(s) required under paragraph a. of Section 13-1-500.

2. A current copy of the Hazardous Materials Inventory Statement (HMIS).

3. A current copy of the Hazardous Waste Inventory Statement (HWIS) including a description of practices for disposing of hazardous waste.

4. A current copy of the Hazardous Materials Management Plan (HMMP).

5. A description of pertinent activities involving the handling of hazardous materials, including transfer to and from storage, storage monitoring, other considerations intended to prevent unauthorized releases and to provide compliance with this chapter.

6. A description of security precautions to prevent unknowing or unauthorized entry of persons or animals onto the storage facility, to prevent injury to same and potential for theft, sabotage or unauthorized release. This shall include, but is not limited to, appropriate warning labels and signs.

7. A description of schedules and procedures for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment. An inspection check sheet shall be used in conjunction with routine inspections and retained for Administrative Authority review. It shall include date and time of inspection, date and time or corrective actions taken, name of inspector and counter signature of the designated Safety Manager for the facility.

8. A description of how inspections, substantial modifications, unauthorized release and other pertinent information will be logged and made available for Administrative Authority inspection.

9. A description of the training programs that are n place or will be instituted for assuring personnel and public safety, safe handling of hazardous materials, emergency response (see paragraph h. of this Section 13-1-510 below for further requirements related to emergency response) and recordkeeping.

c. Facilities which have filed a Hazardous Materials Operations Plan with the Toxic Substances Control Department of the California Environmental Protection Agency pursuant to Title 22, Section 66376 of the California Code of Regulations may submit a copy of that document in lieu of the above business plan provided such additional information necessary to comply with the requirements of this chapter and Chapter 6.95 commencing with Section 25500 of Division 20 of the Health and Safety Code is provided therein.

d. Upon application by the handler, the Administrative Authority may exempt a handler from any portion of the business plan upon a written finding that the exemption would not affect the ability of the Administrative Authority and emergency rescue personnel to effectively respond to the release of a hazardous material and that there are unusual circumstances justifying this exemption. The Administrative Authority must concur in the exemption and specify in writing the basis for any such exemption.

e. The Administrative Authority, upon application by the handler, may exempt a hazardous material from the inventory provisions of this chapter upon proof that the material does not pose a significant present or potential hazard to human health and safety or to the environment if released into the work place or environment unless otherwise precluded by law. The Administrative Agency shall specify in writing the basis for any such exemption.

f. Hazardous material contained solely in a consumer product for direct distribution to, and use by, the general public is exempt from the business plan requirements of this chapter unless the Administering Agency has found, and has provided notice to the business handling the product, that the handling of certain quantities of the product requires the submission of a business plan, or any portion thereof, in response to public health, safety or environmental concerns.

g. Oxygen and nitrous oxide ordinarily maintained by a physician, dentist, podiatrist, veterinarian or pharmacist, at his or her office or place of business, stored at each office or place of business in quantities of not more than one thousand (1,000) cubic feet of each material at any one (1) time are exempt from this chapter to the extent required by California Health and Safety Code Section 25503.5.

h. An emergency response plan and procedures in the event of a reportable release or threatened release, fire, explosion or other untoward event (e.g., earthquake, flood), shall include, but not be limited to, the following:

1. Immediate notification of appropriate local emergency response personnel Administrative Authority and 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 environment.

3. Notification of persons within the facility who are necessary to respond to an incident.

4. Identification of local emergency medical assistance as necessary to respond to the incident.

5. An evacuation plan and procedures; including immediate notice for the business site.

6. A procedure for training of business personnel which is reasonable and appropriate for the size and nature of the business and the responsibilities of the employees to be trained in conformance with applicable guidelines of the Administrative Authority and State regulations.

7. The handler shall submit its business plan to the Administrative Authority, and certify that it meets the requirements of this chapter and State regulations. A corrected business plan must be submitted within thirty (30) days of notice upon finding of deficiency by the Administrative Authority.

8. Business plans shall be reviewed and updated at least annually. Any changes in the plans shall be submitted to the Administrative Authority within thirty (30) days of the permit anniversary. Certification shall be made that the unchanged portions of the plan were reviewed, and remain unchanged.

9. Business plans shall be updated whenever a substantial change occurs in the handler's operations or where there is a change in hazard categories of hazardous materials. Plan and procedure revisions shall be submitted to the Administrative Authority within thirty (30) days of the operational change.

10. Business plans shall be updated immediately upon change of regulations, revised or new information concerning the hazards of substances stored, or the failure of any plan or procedure. Changes are to be submitted to the Administrative Authority for review and approval within five (5) working days.

11. A description of location and type of equipment available for use in the event of an unauthorized release, fire or other unusual event.

12. Name, address twenty-four (24) hour phone number(s) (business and non-business), and other necessary information to locate a person responsible for operation of the facility twenty-four (24) hours a day, able to assist emergency personnel in the event of an emergency during business and non-business hours and who can be called upon to provide technical information, and has full facility access and familiarity.

13. Addresses and phone numbers of emergency response agencies serving the facility, including at least local fire and police authorities.

i. Agricultural Exclusion. A commercial business operating a farm for purposes of cultivating the soil or raising or harvesting any agricultural or horticultural commodity shall be exempt from filing the information in the business plan required by paragraph h. Section 13-1-5 10 provided the following requirements are met:

1. The handler annually provides the inventory of information required by Section 25509 of the Health and Safety Code to the County Agricultural Commissioner before January 1 of each year.

2. The handler must provide site plans and floor plans in accordance with this chapter. These plans are to be updated when changes occur.

3. Each building in which hazardous materials subject to this chapter are stored is posted with signs in accordance with the regulations of the State Office of Emergency Services, which provides notice of the storage of any of the following:

Pesticides

Petroleum fuels and oil

Types of fertilizer

j. Notwithstanding the provisions of paragraph a. of Section 13-1-500 any handler who handles any quantity of a hazardous material which is a carcinogen shall file a business plan with the Administrative Authority.

a. When any railroad car or truck tanker containing any hazardous material remains within the same railroad facility or business facility for more than thirty (30) days or a business knows or has reason to know that any railroad car or truck tanker containing any hazardous material will remain at the same railroad facility or business facility for more than thirty (30) days, the hazardous material is deemed stored at that location and subject to the requirements of this chapter. A business shall immediately notify the Administrative Authority of the storage of hazardous material in a railroad car or truck tanker when a business knows or has reason to know that a railroad car or truck tanker containing the hazardous material will remain at the railroad facility or business facility for more than thirty (30) days.

Within ninety (90) days of receiving an acutely hazardous material registration form pursuant to paragraph a. of Section 13-1-500, the Administrative Authority may require the submission of an RMPP if the Administrative Authority determines that the handler's operation may pose a significant likelihood of risk of release of acutely hazardous materials. The handler shall prepare an RMPP in accordance with Chapter 6.95, commencing with Section 25534 of Division 20 of the Health and Safety Code. Filing an RMPP does not exclude the handler from complying with other applicable sections of this chapter.

a. Oxidizing materials shall be stored in cool, ventilated, dry locations and separated from organic materials. Bulk oxidizing materials shall not be stored on or against combustible surfaces.

b. Oxidizing materials shall be stored separately from flammable liquids, flammable solids, combustible materials, hazardous chemicals, corrosive liquids and such other non-compatible materials as may be determined by the Administrative Authority.

a. Durable, clearly visible signs of warning of radiation dangers shall be placed at all entrances to areas or rooms where radioactive materials are used or stored. In addition, each container in which radioactive materials are used, stored or transported shall bear a durable, clearly visible, appropriate warning sign. Such signs shall bear the three (3) bladed radiation symbol in magenta or purple on a yellow background in accordance with nationally recognized good practice.

b. Signs are not required for storage of manufactured articles other than liquids when securely packed in strong containers provided the gamma radiation at any surface of the package is less than ten (10) milliroentgens in twenty-four (24) hours.

c. When not in use, radioactive materials shall be kept adequately shielded fire-resistant containers of such design that the gamma radiation will not exceed two hundred (200) milliroentgens per hour or equivalent at any point of readily accessible surface.

Cabinets for the storage of hazardous materials shall be of approved substantial construction and of at least 0.0478 inch thick steel (eighteen (18) gauge sheet iron) or equivalent, which is compatible with the substance being stored. Doors shall be self-closing and self-latching. A minimum of two (2″) inch sill shall be provided and cabinets shall be liquid-tight to the top of the sill. Cabinets shall be painted with an intumescent-type paint, shall be conspicuously labeled in red letters on contrasting background "HAZARDOUS—KEEP FIRE AWAY" and with hazard identification in accordance with U.F.C. Standard No. 79-3.

a. All aboveground storage tanks, pressure vessels and containers over one hundred (100) gallons (water capacity) permanently installed, mounted or affixed and used for the storage of flammable and combustible liquids, compressed gasses, or hazardous chemicals regulated by this chapter, shall be identified in accordance with U.F.C. Standard No. 79-3.

Exception: Portable tanks not permanently mounted, temporary tanks used on construction sites, drum storage and package materials in containers of fifty-five (55) gallons or less capacity.

b. Labels shall conform with U.F.C. Standard No. 79-3 for size and color and shall be affixed to tank, vessel or container so as to be conspicuously visible at all times.

c. When any tank covered in this section is housed within a building, the building shall have the same hazard identification label in a conspicuous location on the exterior of the building.

Underground storage shall be regulated in compliance with State statute and regulation, including, but not limited to the Underground Storage of Hazardous Substances Law, Chapter 6.7 of Division 20 of the California Health and Safety Code and the regulations which implement it, Title 23, California Code of Regulations, Chapter 16, Underground Storage Tank Regulations, and Petroleum Underground Storage Tank Cleanup Law, Chapter 6.75 of Division 20 of the California Health and Safety Code and the regulations which implement it, Title 23, California Code of Regulations, Chapter 16, Article 11 and Chapter 18.

a. The owner, operator or handler or handler of the hazardous materials storage facility shall monitor the facility using the method(s) specified on the permit for the facility. Records shall be kept in sufficient detail to enable the Administrative Authority to determine that the owner, operator or handler has undertaken all monitoring activities required by the permit to operate.

b. If the operator or handler is not the owner, the owner shall provide a copy of the permit to the operator, enter into a written contract with the operator or handler which requires the operator or handler to monitor the premises as set forth in the permit, and provide the operator or handler with a copy of Section 43 and a summary of Section 25299, Health and Safety Code, as provided by the State Water Resources Control Board. The owner shall notify the Administrative Authority of any change of operator.