25500-25520
HEALTH AND SAFETY CODE
SECTION 25500-25520
25500. The Legislature declares that, in order to protect the
public health and safety and the environment, it is necessary to
establish business and area plans relating to the handling and
release or threatened release of hazardous materials. The
establishment of minimum statewide standards for these plans is a
statewide concern. Basic information on the location, type, quantity,
and the health risks of hazardous materials handled, used, stored,
or disposed of in the state, which could be accidently released into
the environment, is not now available to firefighters, health
officials, planners, public safety officers, health care providers,
regulatory agencies, and other interested persons. The information
provided by business and area plans is necessary in order to prevent
or mitigate the damage to the health and safety of persons and the
environment from the release or threatened release of hazardous
materials into the workplace and environment.
The Legislature further finds and declares that this chapter does
not occupy the whole area of regulating the inventorying of hazardous
materials and the preparation of hazardous materials response plans
by businesses and the Legislature does not intend to preempt any
local actions, ordinances, or regulations which impose additional or
more stringent requirements on businesses which handle hazardous
materials. Thus, in enacting this chapter, it is not the intent of
the Legislature to preempt or otherwise nullify any other statute or
local ordinances containing the same or greater standards and
protections.
25501. Unless the context indicates otherwise, the following
definitions govern the construction of this chapter:
(a) "Administering agency" means the local agency authorized,
pursuant to Section 25502, to implement and enforce this chapter.
(b) "Agency" means the California Emergency Management Agency.
(c) "Agricultural handler" means an entity identified in paragraph
(5) of subdivision (c) of Section 25503.5.
(d) "Area plan" means a plan established pursuant to Section 25503
by an administering agency for emergency response to a release or
threatened release of a hazardous material within a city or county.
(e) "Business" means an employer, self-employed individual, trust,
firm, joint stock company, corporation, partnership, or association.
For purposes of this chapter, "business" includes a business
organized for profit and a nonprofit business.
(f) "Business plan" means a separate plan for each facility, site,
or branch of a business that meets the requirements of Section
25504.
(g) "Certification statement" means a statement signed by the
business owner, operator, or officially designated representative
that attests to all of the following:
(1) The information contained in the annual inventory form most
recently submitted to the administering agency is complete, accurate,
and up to date.
(2) There has been no change in the quantity of any hazardous
material as reported in the most recently submitted annual inventory
form.
(3) No hazardous materials subject to the inventory requirements
of this chapter are being handled that are not listed on the most
recently submitted annual inventory form.
(4) The most recently submitted annual inventory form contains the
information required by Section 11022 of Title 42 of the United
States Code.
(h) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in Chapter 6.11 (commencing with Section 25404) within a
jurisdiction.
(2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement or
enforce one or more of the unified program elements specified in
paragraphs (4) and (5) of subdivision (c) of Section 25404, in
accordance with the provisions of Sections 25404.1 and 25404.2.
(3) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in paragraphs (4) and
(5) of subdivision (c) of Section 25404. For purposes of this
chapter, the UPAs have the responsibility and authority, to the
extent provided by this chapter and Sections 25404.1 and 25404.2, to
implement and enforce only those requirements of this chapter listed
in paragraphs (4) and (5) of subdivision (c) of Section 25404. The
UPAs also have the responsibility and authority, to the extent
provided by this chapter and Sections 25404.1 and 25404.2, to
implement and enforce the regulations adopted to implement the
requirements of this chapter listed in paragraphs (4) and (5) of
subdivision (c) of Section 25404. After a CUPA has been certified by
the secretary, the unified program agencies shall be the only local
agencies authorized to enforce the requirements of this chapter
listed in paragraphs (4) and (5) of subdivision (c) of Section 25404
within the jurisdiction of the CUPA.
(i) "City" includes any city and county.
(j) "Chemical name" means the scientific designation of a
substance in accordance with the nomenclature system developed by the
International Union of Pure and Applied Chemistry or the system
developed by the Chemical Abstracts Service.
(k) "Common name" means any designation or identification, such as
a code name, code number, trade name, or brand name, used to
identify a substance by other than its chemical name.
(l) "Department" means the Department of Toxic Substances Control
and "director" means the Director of Toxic Substances Control.
(m) "Emergency rescue personnel" means any public employee,
including, but not limited to, any fireman, firefighter, or emergency
rescue personnel, as defined in Section 245.1 of the Penal Code, or
personnel of a local EMS agency, as designated pursuant to Section
1797.200, or a poison control center, as defined by Section 1797.97,
who responds to any condition caused, in whole or in part, by a
hazardous material that jeopardizes, or could jeopardize, public
health or safety or the environment.
(n) "Handle" means to use, generate, process, produce, package,
treat, store, emit, discharge, or dispose of a hazardous material in
any fashion.
(o) "Handler" means any business that handles a hazardous
material.
(p) "Hazardous material" means any material that, because of its
quantity, concentration, or physical or chemical characteristics,
poses a significant present or potential hazard to human health and
safety or to the environment if released into the workplace or the
environment. "Hazardous materials" include, but are not limited to,
hazardous substances, hazardous waste, and any material that a
handler or the administering agency has a reasonable basis for
believing that it would be injurious to the health and safety of
persons or harmful to the environment if released into the workplace
or the environment.
(q) "Hazardous substance" means any substance or chemical product
for which one of the following applies:
(1) The manufacturer or producer is required to prepare a MSDS for
the substance or product pursuant to the Hazardous Substances
Information and Training Act (Chapter 2.5 (commencing with Section
6360) of Part 1 of Division 5 of the Labor Code) or pursuant to any
applicable federal law or regulation.
(2) The substance is listed as a radioactive material in Appendix
B of Chapter 1 of Title 10 of the Code of Federal Regulations,
maintained and updated by the Nuclear Regulatory Commission.
(3) The substances listed pursuant to Title 49 of the Code of
Federal Regulations.
(4) The materials listed in subdivision (b) of Section 6382 of the
Labor Code.
(r) "Hazardous waste" means hazardous waste, as defined by
Sections 25115, 25117, and 25316.
(s) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, unless permitted or
authorized by a regulatory agency.
(t) "Secretary" means the Secretary for Environmental Protection.
(u) "SIC Code" means the identification number assigned by the
Standard Industrial Classification Code to specific types of
businesses.
(v) "Threatened release" means a condition creating a substantial
probability of harm, when the probability and potential extent of
harm make it reasonably necessary to take immediate action to
prevent, reduce, or mitigate damages to persons, property, or the
environment.
(w) "Trade secret" means trade secrets as defined in subdivision
(d) of Section 6254.7 of the Government Code and Section 1060 of the
Evidence Code.
(x) "Unified Program Facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements of paragraphs (4) and (5) of
subdivision (c) of Section 25404.
25501.1. Notwithstanding Section 25501, for purposes of this
chapter, a hazardous substance specified in paragraph (3) of
subdivision (k) of Section 25501 means those hazardous materials or
substances listed in Parts 172 and 173 of Title 49 of the Code of
Federal Regulations.
25501.2. For purposes of the inventory requirements of this
chapter, "store," as used in subdivision (i) of Section 25501, does
not include the storage of hazardous materials which are in transit
or which are temporarily maintained in a fixed facility for a period
of less than 30 days during the course of transportation.
25501.3. "Handle" also means the use or potential for use of a
quantity of hazardous material by the connection of any marine
vessel, tank vehicle, tank car, or container to a system or process
for any purpose other than the immediate transfer to or from an
approved atmospheric tank or approved portable tank.
25501.4. Notwithstanding subdivision (d) of Section 25501,
"business" also includes all of the following:
(a) The federal government, to the extent authorized by federal
law.
(b) Any agency, department, office, board, commission, or bureau
of state government, including, but not limited to, the campuses of
the California Community Colleges, the California State University,
and the University of California.
(c) Any agency, department, office, board, commission, or bureau
of a city, county or district.
25502. (a) (1) This chapter, as it pertains to the handling of
hazardous material, shall be implemented by one of the following:
(A) If there is a CUPA, the Unified Program Agency.
(B) If there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.
(2) The agency responsible for implementing this chapter shall
ensure full access to, and the availability of, information submitted
under this chapter to emergency rescue personnel and other
appropriate governmental entities within its jurisdiction.
(b) (1) If there is no CUPA, a city may, by ordinance or
resolution, assume responsibility for the implementation of this
chapter and, if so, shall have exclusive jurisdiction within the
boundary of the city for the purposes of carrying out this chapter.
The ordinance shall require that a person who violates Section 25507
shall be subject to the penalties specified in Section 25515. A city
that assumes responsibility for implementation of this chapter shall
provide notice of its ordinance or resolution to the agency and to
the administering agency of its county. It shall also consult with,
and coordinate its activities with, the county in which the city is
located to avoid duplicating efforts or any misunderstandings
regarding the areas, duties, and responsibilities of each
administering agency.
(2) A city may not assume responsibility for the implementation of
this chapter unless it has enacted an implementing ordinance or
adopted an implementing resolution not later than 60 days after the
agency adopts regulations pursuant to Section 25503, except that a
city may enact an implementing ordinance or adopt an implementing
resolution after this 60-day period, if it has an agreement with the
county to do so. A new city has one year from the date of
incorporation to enact an ordinance or adopt a resolution
implementing this chapter.
(3) The local agency responsible for administering and enforcing
this chapter shall be the agency so authorized pursuant to
subdivision (f) of Section 25404.3.
(c) If there is no CUPA, the county and any city that assume
responsibility pursuant to subdivision (b) shall designate a
department, office, or other agency of the county or city, as the
case may be, or the city or county may designate a fire district, as
the administering agency responsible for administering and enforcing
this chapter. The county and any city that assume responsibility
pursuant to subdivision (b) shall notify the agency immediately upon
making a designation. The local agency responsible for administering
and enforcing this chapter shall be the agency so authorized pursuant
to subdivision (f) of Section 25404.3.
25503. (a) Not later than September 1, 1986, the agency shall
adopt, after public hearing and consultation with the Office of the
State Fire Marshal and other appropriate public entities, regulations
for minimum standards for business plans and area plans. All
business plans and area plans shall meet the standards adopted by the
agency.
(b) The standards for business plans in the regulations adopted
pursuant to subdivision (a) shall do all of the following:
(1) Set forth minimum requirements of adequacy, and not preclude
the imposition of additional or more stringent requirements by local
government.
(2) Take into consideration and adjust for the size and nature of
the business, the proximity of the business to residential areas and
other populations, and the nature of the damage potential of its
hazardous materials in establishing standards for subdivisions (b)
and (c) of Section 25504.
(3) Take into account the existence of local area and business
plans which meet the requirements of this chapter so as to minimize
the duplication of local efforts, consistent with the objectives of
this chapter.
(4) Define what releases and threatened releases are required to
be reported pursuant to Section 25507. The agency shall consider the
existing federal reporting requirements in determining a definition
of reporting releases pursuant to Section 25507.
(c) An administering agency shall establish an area plan for
emergency response to a release or threatened release of a hazardous
material within its jurisdiction. An area plan is not a statute,
ordinance, or regulation for purposes of Section 669 of the Evidence
Code. The standards for area plans in the regulations adopted
pursuant to subdivision (a) shall provide for all of the following:
(1) Procedures and protocols for emergency rescue personnel,
including the safety and health of those personnel.
(2) Preemergency planning.
(3) Notification and coordination of onsite activities with state,
local, and federal agencies, responsible parties, and special
districts.
(4) Training of appropriate employees.
(5) Onsite public safety and information.
(6) Required supplies and equipment.
(7) Access to emergency response contractors and hazardous waste
disposal sites.
(8) Incident critique and followup.
(9) Requirements for notification to the agency of reports made
pursuant to Section 25507.
(d) (1) The administering agency shall submit a copy of its
proposed area plan, within 180 days after adoption of regulations by
the agency establishing area plan standards, to the agency for
review. The agency shall notify the administering agency as to
whether the area plan is adequate and meets the area plan standards.
The administering agency shall within 45 days of this notice submit a
corrected area plan.
(2) The administering agency shall certify to the agency every
three years that it has conducted a complete review of its area plan
and has made any necessary revisions. Any time an administering
agency makes any substantial changes to its area plan, it shall
forward the changes to the agency within 14 days after the changes
have been made.
(e) An administering agency shall submit to the agency, along with
its area plan, both of the following:
(1) The basic provisions of a plan to conduct onsite inspections
of businesses subject to this chapter by either the administering
agency or other designated entity. These inspections shall ensure
compliance with this chapter and shall identify existing safety
hazards that could cause or contribute to a release and, where
appropriate, enforce any applicable laws and suggest preventative
measures designed to minimize the risk of the release of hazardous
material into the workplace or environment. The requirements of this
paragraph do not alter or affect the immunity provided a public
entity pursuant to Section 818.6 of the Government Code.
(2) A plan to institute a data management system which will assist
in the efficient access to and utilization of information collected
under this chapter. This data management system shall be in operation
within two years after the business plans are required to be
submitted to the administering agency pursuant to Section 25505.
(f) The regulations adopted by the agency pursuant to subdivision
(a) shall include an optional model reporting form for business and
area plans.
25503.1. The agency and each administering agency shall adopt
reporting requirements, in cooperation with the Chemical Emergency
Planning and Response Commission, established by the Governor as the
state emergency response commission pursuant to subsection (a) of
Section 11001 of Title 42 of the United States Code, which are
consistent with the intent and provisions of this chapter and with
Chapter 116 (commencing with Section 11001) of Title 42 of the United
States Code, for the purpose of eliminating duplicative reporting
requirements, to the extent achievable and practicable.
25503.2. (a) The Environmental Affairs Agency, with the guidance of
the Chemical Emergency Planning and Response Commission, as
specified in Section 25503.1, shall develop a hazardous materials
compliance assistance manual, which shall include all of the
following:
(1) A copy of each form required by federal and state agencies for
the reporting of activities concerning hazardous materials and
criteria as to who is required to file the form.
(2) The due date for each form specified in paragraph (1).
(3) The address, telephone number, and contact person of each
federal and state agency which requires the reporting forms specified
in paragraph (1).
(4) An insert that contains a copy of each form used for the
reporting of activities concerning hazardous materials required by
each local agency under whose jurisdiction the person requesting the
manual conducts business, including the due date for each form, and
the address, telephone number, and contact person of each local
agency.
(5) Any other information that the Environmental Affairs Agency
determines to be necessary.
(b) On or before July 1, 1991, the Environmental Affairs Agency,
with the guidance of the Chemical Emergency Planning and Response
Commission, shall make known to businesses and other interested
parties, and distribute, upon request, the hazardous materials
compliance assistance manual developed pursuant to subdivision (a).
The Secretary of the Environmental Affairs Agency may impose a fee
for the manual to pay for all costs related to the development,
maintenance, reproduction, and distribution of the manual.
25503.3. (a) The agency shall, in consultation with the
administering agencies, in accordance with Section 25503.1, adopt by
regulation a single comprehensive hazardous material reporting form
for businesses to submit to administering agencies for purposes of
Section 25509. The form shall include a section for additional
information that may be requested by the administering agency. The
regulations shall also specify criteria for sharing data
electronically. Except as provided in subdivisions (b) and (c), after
January 1, 1997, each administering agency shall require businesses
to use this form annually when complying with Section 25509.
(b) (1) Except as provided in paragraph (2), an administering
agency may allow a business to submit a form designated by the
administering agency for purposes of the inventory required by
Section 25509 instead of the single comprehensive hazardous material
reporting form adopted pursuant to subdivision (a). Any form
designated by an administering agency pursuant to this paragraph
shall ensure that all of the information required by Section 25509 is
reported. The form shall be developed in consultation with the other
agencies within the jurisdiction that are responsible for fire
protection, emergency response, and environmental health. If the
administering agency permits inventory information to be submitted by
electronic means, the format and mode of submittal shall be
developed in consultation with those other agencies and, following
the adoption of standards for the sharing of electronic data pursuant
to subdivision (e) of Section 25404, shall be consistent with those
standards.
(2) If a business chooses to submit the single comprehensive
hazardous material reporting form adopted pursuant to subdivision
(a), the administering agency shall accept that form.
(c) Notwithstanding Section 25509, a business may comply with the
annual inventory reporting requirements of this article by submitting
a certification statement to the administering agency if both of the
following apply:
(1) The business has previously filed the single comprehensive
hazardous material reporting form required by subdivision (a) or the
alternative form designated by the administering agency pursuant to
subdivision (b).
(2) The business can attest to the statements set forth in
paragraphs (1) to (4), inclusive, of subdivision (f) of Section
25501.
25503.4. (a) The agency shall adopt a format that allows persons
subject to two or more of the following requirements to meet those
requirements in one document:
(1) The business plan required by this chapter.
(2) The risk management plan required by Section 25534.
(3) The contingency plan required by Division 4.5 (commencing with
Section 66001) of Title 22 of the California Code of Regulations and
by Part 262 (commencing with Section 262.10), Part 264 (commencing
with Section 264.1), or Part 265 (commencing with Section 265.1) of
Title 40 of the Code of Federal Regulations.
(4) The spill prevention control and countermeasure plan required
by Section 25270.4.5 and by Part 112 (commencing with Section 112.1)
or by Part 300 (commencing with Section 300.1) of Title 40 of the
Code of Federal Regulations.
(5) Any accident or spill prevention plan or response plan
required by Chapter 6.7 (commencing with Section 25280) or by
regulations adopted pursuant to that chapter or required by an
underground storage tank ordinance adopted by a city or county.
(6) The interim marine facility oil spill contingency plan
required by Section 8670.29 of the Government Code and the marine
facility oil spill contingency plan required by Section 8670.31 of
the Government Code.
(b) The format required by subdivision (a) shall be organized as
follows:
(1) A central element that will enable persons using the format to
report information and data common to all of the requirements
described in subdivision (a).
(2) Appendices that will contain the additional information unique
to each individual requirement described in subdivision (a).
(c) The agency shall adopt the format required by subdivision (a)
in consultation with administering agencies and the Information
Management Subcommittee of the Chemical Emergency Planning and
Response Commission and in cooperation with the State Water Resources
Control Board, the Department of Fish and Game, and the department.
The adoption of the format is not subject to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code and shall be completed by January 1, 1995. To the
extent feasible, and within the limits of budgetary constraints, the
agency, the State Water Resources Control Board, the Department of
Fish and Game, and the department shall convene workshops and other
public meetings to obtain public assistance on the development of the
format.
25503.5. (a) (1) A business, except as provided in subdivisions
(b), (c), and (d), shall establish and implement a business plan for
emergency response to a release or threatened release of a hazardous
material in accordance with the standards prescribed in the
regulations adopted pursuant to Section 25503, if the business
handles a hazardous material or a mixture containing a hazardous
material that has a quantity at any one time during the reporting
year that is any of the following:
(A) Equal to, or greater than, a total weight of 500 pounds or a
total volume of 55 gallons.
(B) Equal to, or greater than, 200 cubic feet at standard
temperature and pressure, if the substance is compressed gas.
(C) If the substance is a radioactive material, it is handled in
quantities for which an emergency plan is required to be adopted
pursuant to Part 30 (commencing with Section 30.1), Part 40
(commencing with Section 40.1), or Part 70 (commencing with Section
70.1), of Chapter 1 of Title 10 of the Code of Federal Regulations,
or pursuant to any regulations adopted by the state in accordance
with those regulations.
(2) In meeting the requirements of this subdivision, a business
may, if it elects to do so, use the format adopted pursuant to
Section 25503.4.
(b) (1) Oxygen, nitrogen, 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 1,000 cubic feet of
each material at any one time, are exempt from this section and from
Section 25505. The administering agency may require a one-time
inventory of these materials for a fee not to exceed fifty dollars
($50) to pay for the costs incurred by the agency in processing the
inventory forms.
(2) (A) Lubricating oil is exempt from this section and Sections
25505 and 25509, for a single business facility, if the total volume
of each type of lubricating oil handled at that facility does not
exceed 55 gallons and the total volume of all types of lubricating
oil handled at that facility does not exceed 275 gallons, at any one
time.
(B) For purposes of this paragraph, "lubricating oil" means any
oil intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
(c) (1) 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.
(2) In addition to the authority specified in paragraph (4), the
administering agency may, in exceptional circumstances, following
notice and public hearing, exempt from the inventory provisions of
this chapter any hazardous substance specified in subdivision (p) of
Section 25501 if the administering agency finds that the hazardous
substance would not pose a present or potential danger to the
environment or to human health and safety if the hazardous substance
was released into the environment. The administering agency shall
specify in writing the basis for granting any exemption under this
paragraph. The administering agency shall send a notice to the agency
within five days from the effective date of any exemption granted
pursuant to this paragraph.
(3) The administering agency, upon application by a handler, may
exempt the handler, under conditions that the administering agency
determines to be proper, from any portion of the business plan, upon
a written finding that the exemption would not pose a significant
present or potential hazard to human health or safety or to the
environment or affect the ability of the administering agency and
emergency rescue personnel to effectively respond to the release of a
hazardous material, and that there are unusual circumstances
justifying the exemption. The administering agency shall specify in
writing the basis for any exemption under this paragraph.
(4) The administering agency, upon application by a 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 workplace or environment. The
administering agency shall specify in writing the basis for any
exemption under this paragraph.
(5) An administering agency shall exempt a business operating a
farm for purposes of cultivating the soil or raising or harvesting
any agricultural or horticultural commodity from filing the
information in the business plan required by subdivisions (b) and (c)
of Section 25504 if all of the following requirements are met:
(A) The handler annually provides the inventory of information
required by Section 25509 to the county agricultural commissioner
before January 1 of each year.
(B) Each building in which hazardous materials subject to this
chapter are stored is posted with signs, in accordance with
regulations that the agency shall adopt, that provide notice of the
storage of any of the following:
(i) Pesticides.
(ii) Petroleum fuels and oil.
(iii) Types of fertilizers.
(C) Each county agricultural commissioner forwards the inventory
to the administering agency within 30 days from the date of receipt
of the inventory.
(6) The administering agency shall exempt a business operating an
unstaffed remote facility located in an isolated sparsely populated
area from the hazardous materials business plan and inventory
requirements of this article if the facility is not otherwise subject
to the requirements of applicable federal law, and all of the
following requirements are met:
(A) The types and quantities of materials onsite are limited to
one or more of the following:
(i) Five hundred standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).
(ii) Five hundred gallons of combustible liquid used as a fuel
source.
(iii) Two hundred gallons of corrosive liquids used as
electrolytes in closed containers.
(iv) Five hundred gallons of lubricating and hydraulic fluids.
(v) One thousand two hundred gallons of flammable gas used as a
fuel source.
(B) The facility is secured and not accessible to the public.
(C) Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.
(D) A one-time notification and inventory are provided to the
administering agency along with a processing fee in lieu of the
existing fee. The fee shall not exceed the actual cost of processing
the notification and inventory, including a verification inspection,
if necessary.
(E) If the information contained in the initial notification or
inventory changes and the time period of the change is longer than 30
days, the notification or inventory shall be resubmitted within 30
days to the administering agency to reflect the change, along with a
processing fee, in lieu of the existing fee, that does not exceed the
actual cost of processing the amended notification or inventory,
including a verification inspection, if necessary.
(F) The administering agency shall forward a copy of the
notification and inventory to those agencies that share
responsibility for emergency response.
(G) The administering agency may require an unstaffed remote
facility to submit a hazardous materials business plan and inventory
in accordance with this article if the agency finds that special
circumstances exist such that development and maintenance of the
business plan and inventory are necessary to protect public health
and safety and the environment.
(d) Onpremise use, storage, or both, of propane in an amount not
to exceed 300 gallons that is for the sole purpose of heating the
employee working areas within that business is exempt from this
section, unless the administering agency finds, and provides notice
to the business handling the propane, that the handling of the
onpremise propane requires the submission of a business plan, or any
portion thereof, in response to public health, safety, or
environmental concerns.
(e) The administering agency shall provide all information
obtained from completed inventory forms, upon request, to emergency
rescue personnel on a 24-hour basis.
(f) The administering agency shall adopt procedures to provide for
public input when approving any applications submitted pursuant to
paragraph (3) or (4) of subdivision (c).
25503.6. Any business which is required to establish and implement
a business plan pursuant to Section 25503.5 and is located on leased
or rented real property shall notify, in writing, the owner of the
property that the business is subject to Section 25503.5 and has
complied with its provisions, and shall provide a copy of the
business plan to the owner or the owner's agent within five working
days after receiving a request for a copy from the owner or the owner'
s agent.
25503.7. (a) When any hazardous material contained in any rail car,
rail tank car, rail freight container, marine vessel, or marine
freight container remains within the same railroad facility, marine
facility, or business facility for more than 30 days, or a business
knows or has reason to know that any rail car, rail tank car, rail
freight container, marine vessel, or marine freight container
containing any hazardous material will remain at the same railroad
facility, marine facility, or business facility for more than 30
days, the hazardous material is deemed stored at that location for
purposes of this chapter and subject to the requirements of this
chapter.
(b) Subdivision (a) does not apply to a marine vessel while under
construction, repair, modernization, or retrofitting while located in
a ship repair facility.
(c) Notwithstanding Section 25510, a business handling hazardous
materials which are stored in a manner subject to subdivision (a)
shall immediately notify the administering agency whenever a
hazardous material is stored in a rail car, rail tank car, rail
freight container, marine vessel, or marine freight container.
25503.8. (a) Any business not subject to subdivision (a) of Section
25503.5 which is required to submit chemical inventory information
pursuant to Section 11022 of Title 42 of the United States Code, as
that section reads on January 1, 1989, or as it may be subsequently
amended, shall establish and implement a business plan in accordance
with Section 25503.5 and Section 25505.
(b) Any business required to establish and implement a business
plan pursuant to subdivision (a) shall not be deemed to be in
violation of this chapter until the date of the next reporting
period, specified in subdivision (d) of Section 25505, which occurs
after the business becomes subject to subdivision (a), unless the
administering agency requests the business to establish and implement
the business plan at an earlier date.
25503.9. On or before January 1, 1995, the agency shall, in
consultation with the administering agencies and the State Fire
Marshal, adopt by regulation a single comprehensive addendum to the
hazardous materials reporting form for businesses to submit to
administering agencies for purposes of complying with subdivisions
(b) and (c) of Section 13143.9 and subdivision (b) of Section 25509.
The regulations shall also specify criteria for sharing data
electronically. Not later than two years after the effective date of
those regulations, and annually thereafter, each administering agency
shall require businesses to use that addendum when complying with
subdivisions (b) and (c) of Section 13143.9 and subdivision (b) of
Section 25509. The addendum shall be filed with the administering
agency, when required by the local fire chief.
25504. Business plans shall include all of the following:
(a) The inventory of information required by Section 25509 and
whatever additional information that the administering agency finds
is necessary to protect the health and safety of persons, property,
or the environment. Any such information is, however, subject to
trade secret protection pursuant to Section 25511.
(b) Emergency response plans and procedures in the event of a
reportable release or threatened release of a hazardous material,
including, but not limited to, all of the following:
(1) Immediate notification to the administering agency and to the
appropriate local emergency rescue personnel.
(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, including immediate notice,
for the business site.
(c) Training for all new employees and annual training, including
refresher courses, for all employees in safety procedures in the
event of a release or threatened release of a hazardous material,
including, but not limited to, familiarity with the plans and
procedures specified in subdivision (b). These training programs may
take into consideration the position 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 administering agency instead of filing an emergency response plan
specified in subdivision (b).
(e) Any business operating a farm exempted by paragraph (5) of
subdivision (b) of Section 25503.5 from filing the information
specified in subdivisions (b) and (c), shall, notwithstanding this
exemption, provide the training programs specified in subdivision
(c).
25504.1. In accordance with Section 25503.5, a business that
handles perchlorate material, as defined in subdivision (c) of
Section 25210.5, shall prepare and submit to the administering agency
a business plan pursuant to Section 25503.5 and an inventory form
pursuant to Section 25509, both of which shall address perchlorate
materials handled by that business.
25505. (a) (1) Except as provided in subdivision (e), each handler
shall submit its business plan to the administering agency in
accordance with the requirements of this article and certify that the
business plan meets the requirements of this article.
(2) If, after review, the administering agency determines that the
handler's business plan is deficient in any way, the administrative
agency shall notify the handler of those deficiencies. The handler
shall submit a corrected business plan within 30 days from the date
of the notice.
(3) If a handler fails, after reasonable notice, to submit a
business plan in compliance with this article, the administering
agency shall immediately take appropriate action to enforce this
article, including the imposition of civil and criminal penalties as
specified in this article.
(b) In addition to the requirements of Section 25510, whenever a
substantial change in the handler's operations occurs that requires a
modification of its business plan, the handler shall submit a copy
of the business plan revisions to the administering agency within 30
days from the date of the operational change.
(c) Each handler shall, in any case, review the business plan,
submitted pursuant to subdivision (a) or (b) at least once every
three years thereafter after the initial submission of the business
plan, to determine if a revision is needed and shall certify to the
administering agency that the review was made and that any necessary
changes were made to the plan. A copy of those changes shall be
submitted to the administering agency as a part of that
certification.
(d) Unless exempted from the business plan requirements under this
chapter, each handler shall annually report its hazardous materials
inventory on the form required by subdivision (a) of Section 25503.3
or in the alternative form designated by the administering agency
pursuant to subdivision (b) of Section 25503.3, or submit a
certification statement to the administering agency of the county or
city in which the handler is located.
(e) (1) Notwithstanding any other provision of this article, an
administering agency may, with the written concurrence of the local
fire chief, require a handler to submit only the inventory required
by subdivision (a) of Section 25504, a list of emergency contacts, a
site plan, and a certification that the handler has prepared a
complete business plan that meets the requirements of this article,
in lieu of the submission of a business plan, and require the handler
to maintain the complete business plan at the site where the
inventory is stored.
(2) If an administering agency requires a handler to submit only
the inventory, the list of emergency contacts, the site plan, and the
certification pursuant to paragraph (1), the administering agency
shall review the remaining components of the business plan during its
periodic inspections of the handler, and the handler shall annually
submit a form, provided by the administering agency, that certifies
that the handler has included, and maintains as current, in the
business plan, all other information required pursuant to Section
25504. Whenever there is a substantial change in a handler's
operations that requires modification of its business plan, the
handler shall submit a copy of those changes in accordance with
subdivision (b).
(3) If an administering agency requires a handler to submit only
the inventory, the list of emergency contacts, the site plan, and the
certification pursuant to paragraph (1), the administering agency
shall obtain from the handler the other components of the business
plan that are not filed with the administering agency upon receipt of
a request for public inspection of the business plan. The handler
shall submit a complete copy of the business plan to the
administering agency within five working days after the administering
agency receives a request for public inspection and the
administering agency shall make the business plan available to the
member of the public requesting the inspection in accordance with the
procedures specified in Section 25506. The administering agency
shall not charge for a request to obtain this information or for an
examination of the business plan during the administering agency's
normal working hours.
(4) If, for any reason, a business plan maintained by a handler
that is required to only submit the inventory, the list of emergency
contacts, the site plan, and the certification pursuant to paragraph
(1), is damaged or destroyed, the handler shall replace the business
plan within 15 days of its damage or destruction, and shall notify
the administering agency of the replacement.
25505.1. An administering agency may use the offices of the county
agricultural commissioners to distribute business plan forms to
farmers who are subject to Section 25505.
25505.2. (a) Notwithstanding any other provision of this chapter,
any city or county which, on September 1, 1985, had in effect a local
ordinance containing business inventory reporting requirements
substantially similar to this chapter, as amended by the act enacting
this section, is exempt from having to implement any regulations
adopted by the agency concerning business plans upon meeting both of
the following requirements:
(1) Not later than 90 days after the effective date of the act
enacting this section, the city or county enacts an ordinance, or
amends its existing ordinance, so that its requirements for business
plans are the same as, or more restrictive than, this chapter,
including subdivision (a) of Section 25503.5 and Sections 25504 and
25509.
(2) The agency certifies that the ordinance's requirements are in
compliance with paragraph (1) and that the city or county is
implementing the ordinance, based upon evidence submitted by the city
or county. Applications for exemption shall be filed with the agency
not later than 120 days from the effective date of the act enacting
this section and the agency shall certify or reject the applications
within 60 days after receipt. The city or county may file an appeal
of the decision of the agency with the secretary of the agency, under
procedures established by the agency.
(b) This section does not exempt any administering agency from
compliance with any other provision of this chapter.
(c) Any business located in a city or county which is exempt from
the regulations adopted pursuant to this chapter concerning business
plans, shall comply with the ordinance adopted by the city or county.
25505.5. Notwithstanding any other provision of law, no public
entity shall be held liable for any injury or damages resulting from
an inadequate or negligent review of a business plan conducted
pursuant to Section 25505.
25506. (a) The administering agency shall maintain records of all
business plans received and shall index them by street address and
company name. The business plan and revisions shall be available for
public inspection during the regular working hours of the
administering agency, except that those portions of the business plan
specifying the precise location where hazardous materials are stored
and handled onsite, including any maps of the site, as required by
paragraph (5) of subdivision (a) of Section 25509, shall not be
available for inspection. The administering agency shall transmit
copies of the entire business plan or any information contained in
the business plan to any requesting state or local agency.
(b) Any person who files an inventory form required under Section
25509 with the administering agency shall be deemed to have filed the
inventory form required by subsection (a) of Section 11022 of Title
42 of the United States Code with the state emergency response
commission and emergency planning committee established pursuant to
Section 11001 of Title 42 of the United States Code.
(c) The administering agency shall, upon request, transmit the
information collected pursuant to this chapter to the Chemical
Emergency Planning and Response Commission, established by the
Governor as the state emergency response commission pursuant to
subsection (a) of Section 11001 of Title 42 of the United States
Code, and to the local emergency planning committee established
pursuant to subsection (c) of Section 11001 of Title 42 of the United
States Code.
25507. (a) Except as provided in subdivision (b), the handler or
any employee, authorized representative, agent, or designee of a
handler shall, upon discovery, immediately report any release or
threatened release of a hazardous material to the administering
agency, and to the agency, in accordance with the regulations adopted
pursuant to Section 25503. Each handler and any employee, authorized
representative, agent, or designee of a handler shall provide all
state, city, or county fire or public health or safety personnel and
emergency rescue personnel with access to the handler's facilities.
(b) Subdivision (a) does not apply to any person engaged in the
transportation of a hazardous material on a highway which is subject
to, and in compliance with, the requirements of Sections 2453 and
23112.5 of the Vehicle Code.
25507.1. (a) Any business required to submit a followup emergency
notice pursuant to subdivision (c) of Section 11004 of Title 42 of
the United States Code, as that section read on January 1, 1989, or
as it may be subsequently amended, shall submit the notice on a form
approved by the agency.
(b) The agency may adopt guidelines for the use of the forms
required by subdivision (a).
25507.2. In order to carry out the purposes of this chapter, an
administering agency may train for, and respond to, the release, or
threatened release, of a hazardous material.
25507.3. The California Environmental Protection Agency may request
any business to submit the information required to be submitted in
the toxic chemical release form specified in subsection (g) of
Section 11023 of Title 42 of the United States Code, or a simplified
version of that form, except that the form shall not be required of
any retail business, any business which has fewer than 10 employees,
or any business which manufactures, processes, or otherwise uses a
toxic chemical in an amount less than the applicable threshold amount
specified in subsection (f) of Section 11023 of Title 42 of the
United States Code. The California Environmental Protection Agency
shall use this information to collect adequate standardized
quantitative data for use in multimedia applications, such as
pollution prevention.
25507.10. The emergency rescue personnel, responding to the
reported release or threatened release of an acutely hazardous
material or to any fire or explosion involving a material that
involves a release that would be required to be reported pursuant to
Section 25507, shall immediately advise the superintendent of the
school district having jurisdiction, where the location of the
release or threatened release is within one-half mile of a school.
25508. (a) In order to carry out the purposes of this chapter, any
employee or authorized representative of an administering agency has
the authority specified in Section 25185, with respect to the
premises of a handler, and in Section 25185.5, with respect to real
property which is within 2,000 feet of the premises of a handler,
except that this authority shall include inspections concerning
hazardous material, in addition to hazardous waste.
(b) In addition to the requirements of Section 25537, the
administering agency shall conduct inspections of every business
subject to this article at least once every three years to determine
if the business is in compliance with this article. However, the
administering agency may designate the county agricultural
commissioner to conduct the inspections of agricultural handlers. The
administering agency or its designee for agricultural handlers shall
give priority, when conducting these inspections, to inspecting
facilities which store an amount of acutely hazardous materials, as
defined in Section 25532, equal to, or greater than, the amount
specified in subdivision (a) of Section 25536. In establishing a
schedule for conducting inspections pursuant to this section, the
administering agency may adopt and use an index of the volatility,
toxicity, and quantity of acutely hazardous materials and hazardous
materials. Administering agencies and designees shall attempt to
schedule the inspections conducted pursuant to this section and
Section 25537, when applicable, during the same time period.
25509. (a) The annual inventory form shall include, but shall not
be limited to, information on all of the following which are handled
in quantities equal to or greater than the quantities specified in
subdivision (a) of Section 25503.5:
(1) A listing of the chemical name and common names of every
hazardous substance or chemical product handled by the business.
(2) The category of waste, 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.
(3) A listing of the chemical name and common names of every other
hazardous material or mixture containing a hazardous material
handled by the business which is not otherwise listed pursuant to
paragraph (1) or (2).
(4) The maximum amount of each hazardous material or mixture
containing a hazardous material disclosed in paragraphs (1), (2), and
(3) which is handled at any one time by the business over the course
of the year.
(5) Sufficient information on how and where the hazardous
materials disclosed in paragraphs (1), (2), and (3) are handled by
the business to allow fire, safety, health, and other appropriate
personnel to prepare adequate emergency responses to potential
releases of the hazardous materials.
(6) The SIC Code number of the business if applicable.
(7) The name and telephone number of the person representing the
business and able to assist emergency personnel in the event of an
emergency involving the business during nonbusiness hours.
(b) If the local fire chief requires the business to comply with
the requirements of subdivision (c) of Section 80.103 of the Uniform
Fire Code, as adopted by the State Fire Marshal pursuant to Section
13143.9, the business shall also file the addendum required by
Section 25503.9 with the administering agency.
(c) The administering agency may permit the reporting of the
amount of hazardous material under this section by ranges, rather
than a specific amount, as long as those ranges provide the
information necessary to meet the needs of emergency rescue
personnel, to determine the potential hazard from a release of the
materials, and meets the purposes of this chapter.
(d) (1) Except as provided in subdivision (e), the annual
inventory form required by this section shall also include all
inventory information required by Section 11022 of Title 42 of the
United States Code, as that section read on January 1, 1989, or as it
may be subsequently amended.
(2) The agency may adopt or amend existing regulations specifying
the inventory information required by this subdivision.
(e) If, pursuant to federal law or regulation, as it currently
exists or as it may be amended, there is a determination that the
inventory information required by subdivisions (a) and (c) is
substantially equivalent to the inventory information required under
the Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. Sec. 11001 et seq.), the requirements of subdivision (d) shall
not apply.
25509.1. Notwithstanding subdivision (a) of Section 25509, an
administering agency may collect any or all of the information
required to be reported in an inventory form from another public
agency, under all of the following conditions:
(a) The information collected is the same information required
under subdivision (a) of Section 25509.
(b) The administering agency receives this information not later
than would otherwise be required under this chapter.
(c) The information was originally provided by the handler to the
public agency pursuant to a statutory requirement.
25509.2. (a) The Legislature hereby finds and declares all of the
following:
(1) Persons attempting to do business in this state are
increasingly experiencing excessive and duplicative regulatory
requirements at different levels of government.
(2) To streamline and ease the regulatory burdens of doing
business in this state, compliance with the hazardous materials
release response plans and inventory requirements of this chapter
shall also suffice to meet the requirements of the Uniform Fire Code
with regard to the requirement for a hazardous materials management
plan and hazardous materials inventory statement, as set forth in
Article 80 of the Uniform Fire Code and its appendices.
(3) Businesses which are required to comply with this chapter do
so on one form, with one fee and one inspection. The administering
agency shall forward the data collected, within 15 days of receipt
and confirmation, with other local agencies in a format easily
interpreted by those agencies with shared responsibilities for
protection of the public health and safety and the environment.
(4) Enforcement of this chapter and the Uniform Fire Code shall be
coordinated.
(b) Notwithstanding Section 13143.9, and any standards and
regulations adopted pursuant to that section, any business which
files the annual inventory form in compliance with this article,
including the addendum adopted pursuant to Section 25503.9, as
required by the local fire chief to comply with subdivision (c) of
Section 80.103 of the Uniform Fire Code, as adopted by the State Fire
Marshal pursuant to Section 13143.9, shall be deemed to have met the
requirements of subdivision (c) of Section 80.103 of the Uniform
Fire Code, as adopted by the State Fire Marshal pursuant to Section
13143.9.
(c) Notwithstanding Section 13143.9, and any standards and
regulations adopted pursuant to that section, any business which
establishes and maintains a business plan for emergency response to a
release or a threatened release of a hazardous material in
accordance with Section 25503.5, shall be deemed to have met the
requirements of subdivision (b) of Section 80.103 of the Uniform Fire
Code, as adopted by the State Fire Marshal pursuant to Section
13143.9.
(d) Except for the addendum required by the local fire chief, the
administering agency shall be the sole enforcement agency for
purposes of determining compliance pursuant to subdivisions (b) and
(c).
(e) Except as otherwise expressly provided in this section, this
section does not affect or otherwise limit the authority of the local
fire chief to enforce the Uniform Fire Code.
25509.3. The annual inventory required by Section 25509 shall also
include the total estimated amounts of each hazardous waste handled
by the business throughout the course of the year.
25510. Within 30 days of any one of the following events, any
business subject to Section 25505 shall submit an amendment to the
inventory form detailing the handling, and the following appropriate
information:
(1) A 100 percent or more increase in the quantity of a previously
disclosed material.
(2) Any handling of a previously undisclosed hazardous material
subject to the inventory requirements of this chapter.
(3) Change of business address.
(4) Change of business ownership.
(5) Change of business name.
25511. (a) If a business believes that the inventory required by
this chapter involves the release of a trade secret, the business
shall nevertheless make the disclosure to the administering agency,
and shall notify the administering agency in writing of that belief
on the inventory form. As used in this chapter "trade secret" has the
meanings given to it by Section 6254.7 of the Government Code and
Section 1060 of the Evidence Code.
(b) Subject to this section, the administering agency shall
protect from disclosure any trade secret designated as such by the
handler.
(c) Upon receipt of a request for the release of information to
the public which includes information which the handler has notified
the administering agency is a trade secret pursuant to subdivision
(a), the administering agency shall notify the handler in writing of
the request by certified mail, return receipt requested. The
administering agency shall release the information to the public, but
not earlier than 30 days after the date of mailing the notice of the
request for information, unless, prior to the expiration of the
30-day period, the handler files an action in an appropriate court
for a declaratory judgment that the information is subject to
protection under subdivision (b) or for an injunction prohibiting
disclosure of the information to the public and promptly notifies the
administering agency of that action. This section does not permit a
handler to refuse to disclose the information required pursuant to
this chapter to the administering agency.
(d) Any information which is confidential pursuant to this section
shall not be disclosed to anyone except the following:
(1) An officer or employee of the county or city, the state, or
the United States, in connection with the official duties of that
officer or employee under any law for the protection of health, or to
contractors with the county or city and their employees if, in the
opinion of the administering agency, disclosure is necessary and
required for the satisfactory performance of a contract, for
performance of work, or to protect the health and safety of the
employees of the contractor.
(2) Any physician where the physician certifies in writing to the
administering agency that the information is necessary to the medical
treatment of the physician's patient.
(e) For purposes of this section, fire and emergency rescue
personnel and county health personnel operating within the
jurisdiction of the county or city shall be considered employees of
the county or city, as the case may be.
(f) Any physician who, by virtue of having obtained possession of,
or access to, confidential information, and who, knowing that
disclosure of the information to the general public is prohibited by
this section, knowingly and willfully discloses the information in
any manner to any person not entitled to receive it, is guilty of a
misdemeanor.
(g) Any officer or employee of the county or city or former
officer or employee who, by virtue of that employment or official
position, has possession of, or has access to, confidential
information, and who, knowing that disclosure of the information to
the general public is prohibited by this section, knowingly and
willfully discloses the information in any manner to any person not
entitled to receive it, is guilty of a misdemeanor. Any contractor
with the county or city and any employee of the contractor, who has
been furnished information as authorized by this section, shall be
considered an employee of the county or city for purposes of this
section.
(h) Information certified by appropriate officials of the United
States as necessary to be kept secret for national defense purposes
shall be accorded the full protections against disclosure as
specified by those officials or in accordance with the laws of the
United States.
25512. (a) The submission of any information required under this
chapter does not affect any other liability or responsibility of a
business with regard to safeguarding the health and safety of an
employee or any other person.
(b) Compliance with this chapter shall not be deemed to be
compliance with the duty of care required of any business for
purposes of any judicial or administrative proceeding conducted
pursuant to any other provision of law.
25513. Each administering county or city may, upon a majority vote
of the governing body, adopt a schedule of fees to be collected from
each business required to submit a business plan pursuant to this
article which is within its jurisdiction. The governing body may
provide for the waiver of fees when a business, as defined in Section
25501.4, submits a business plan. The fee shall be set in an amount
sufficient to pay only those costs incurred by the county, city, or
fire district, in carrying out this article. In determining the fee
schedule, the administering agency shall consider the volume and
degree of hazard potential of the hazardous materials handled by the
businesses subject to this article.
25513.1. (a) On or before January 1, 1987, the board of supervisors
of a county may, by resolution, apply to the Controller for a loan
to pay for the costs necessary to initially implement this chapter.
(b) Each county may apply for one loan in an amount not to exceed
seventy-five thousand dollars ($75,000).
(c) The Controller shall develop procedures for the submission of
resolutions pursuant to this section.
(d) A county shall repay the loan within 15 months from the day
the loan is made by the Controller, or on April 1, 1988, whichever
comes first. The loan shall be repaid with interest charged at the
rate of interest earned by the Pooled Money Investment Account on the
date when the loan is made.
(e) There is hereby appropriated from the General Fund to the
Controller, the funds necessary to make the loans pursuant to this
section.
(f) If a county does not repay the loan and interest thereon
within the time required by subdivision (d), the Controller shall
withhold the amount which is unpaid from any state payments which are
due to the county.
25514. (a) Any business that violates Sections 25503.5 to 25505,
inclusive, or Sections 25508 to 25510, inclusive, shall be civilly
liable to the administer