HomeMy WebLinkAbout2001-06-12; City Council; 16226; San Diego Code of Regulatory OrdinancesCITY OF CARLSBAD - AGENDA BILL
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DEPT. CA
TITLE AMEND SECTION 6.03.010 OF THE CARLSBAD
MUNICIPAL CODE TO REFLECT AMENDMENTS TO THE
SAN DIEGO COUNTY CODE OF REGULATORY
ORDINANCES AND TO ADOPT, BY REFERENCE,
REGULATIONS RELATED TO HAZARDOUS MATERIAL
INVENTORY AND RESPONSE PLANS; ORDINANCE
INTRODUCTION: SET PUBLIC HEARING
RECOMMENDED ACTION:
Introduce Ordinance No. hl S -5 9 3 to amend Section 6.03.010 of the Carlsba Municipal
Code to reflect amendments to the San Diego County Code of Regulatory Ordina ces and to
adopt, by reference, regulations related to hazardous material inventory and resp nse plans,
and set public hearing for June 26. 7001 6
ITEM EXPLANATION:
Carlsbad Municipal Code (CMC) Section 6.03.010 adopts, by reference, those
6, Section 8 of the San Diego County Code of Regulatory Ordinances that
hazardous materials. Section 6.03.010 was last amended in 1983.
recent amendment of Section 6.03.010, the County amended sections of their co
have been adopted by the Carlsbad Municipal Code.
State hazardous materials laws authorize counties certified by the Secretary for E vironmental
Protection as a Certified Unified Program Agency (CUPA) to regulate the handlin ,
transportation and storage of hazardous materials. The County currently serves
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s the CUPA
for this region. State law requires business plans for emergency response to spill and the
release of hazardous materials.
To ensure uniformity among local hazardous materials laws, the County has requ
cities in the County incorporate Title 6, Section 8, Chapters 11 and 12 into their
municipal codes. Currently, Chapter 12 is incorporated by reference by Carlsbad
Code Section 6.02.010. The attached ordinance reflects recent amendments to th
Code of Regulatory Ordinances and incorporates, by reference, Title 6, Section
related to hazardous materials and response plans into the Carlsbad Municipal C
When adopting or amending portions of a County Code by reference, state law re
public hearing be held on the proposed ordinance. The Council is asked to
hearing for June 26, 2001 , 2001 for interested persons to comment on the
FISCAL IMPACT I
There is no fiscal impact associated with the introduction or adoption of this Ordinance.
ENVIRONMENTAL REVIEW: I
Pursuant to Public Resources Code section 21065 and CEQA Guidelines 15378, this
ordinance does not constitute a “project” within the meaning of CEQA and, re, does not
require environmental review.
Agenda Bill No. 16 t 2 Pb
Page 2
EXHIBITS
I. Ordinance No. h 5-s?& to amend, in its entirety, Section 6.03.010 oft h e Carlsbad
Municipal Code to reflect amendments to the San Diego County Code of Regulatory
Ordinances and to adopt, by reference, regulations related to hazardous material
inventory and response plans.
2. Redlined / Strikeout Version
3. San Diego County Code of Regulatory Ordinances, Title 6, Section 8, Chabter 11.
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ORDINANCE NO. NS-5g2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING, IN ITS ENTIRETY,
SECTION 6.03.010 OF THE CARLSBAD MUNICIPAL CODE TO
REFLECT AMENDMENTS TO THE SAN DIEGO COUNTY CODE
OF REGULATORY ORDINANCES AND TO ADOPT, BY
REFERENCE, REGULATIONS RELATED TO HAZARDOUS
MATERIAL INVENTORY AND RESPONSE PLANS
The City Council of the City of Cartsbad, California does
ordain as follows:
WHEREAS, Section 6.03.010 of the Carlsbad Municipal Code adopts, by
reference, specific sections of the San Diego County Code of Regulatory ordinances
that pertain to hazardous waste; and
WHEREAS, subsequent to the adoption of Section 6.03.010, the County
of San Diego amended specific sections of their Code of Regulatory Ordinances that
have been adopted by the Carlsbad Municipal Code; and
WHEREAS, State hazardous materials laws authorize counties certified
by the Secretary for Environmental Protection as a Certified Unified Program Agency
(CUPA) to regulate the handling, transportation and storage of hazardous materials;
and
WHEREAS, the County of San Diego currently serves as the CUPA for
this region; and
WHEREAS, State law requires business plans for emergency response to
spills and releases of hazardous materials; and
WHEREAS, to ensure uniformity among local hazardous materials laws,
the County of San Diego has requested that the City of Carlsbad incorporate Title 6,
Ordinance No. ~~-592 page 1 of 3
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Section 8 Chapter 11 related to Hazardous Materials and Response Plans into the
Municipal Code.
WHEREAS, the City Council of the City of Carlsbad desires to amend
Section 6.03.010 to reflect amendments to the San Diego County Code of Regulatory
Ordinances and to adopt regulations related to hazardous material inventory and
response plans.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Carlsbad, California, as follows:
SECTION 1: That the above recitations are true and correct.
SECTION 2: That existing Section 6.03.010 of the Carlsbad Municipal
Code is repealed.
SECTION 3: That Title 6, Section 6.03 of the Carlsbad Municipal Code is
amended in its entirety by the addition of Section 6.03.010 to read as follows:
“6.03.010 Adopted by reference.
Chapters 9 and 11 of Division 8 of Title 6 of the San Diego
Code of Regulatory Ordinances, as amended, relating to hazardous
materials are adopted by reference as part of this code; except that,
wherever the provisions incorporated refer to a county board, territory,
area, agency, official, employee, or otherwise it means the corresponding
city board, territory, area, agency, official or employee and if there is no
such corresponding city entity it means the county entity acting in that
capacity on behalf of the city.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
Ordinance No. NS-592 page 2 of 3
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 12th day of June ,2001, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the day of , 2001, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
Ordinance No. Ns-592 page 3 of 3
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
REDLINED/STRIKEOUT VERSION
6.03.010 Adopted by reference.
Chapters v 9 and 11 of Division 8 of Title 6 of the San Diego Code
of Regulatory Ordinances, as amended v: 1 194% relating to the-
G&&WMH# hazardous materials are adopted by reference as panof this code; except
that, wherever the provisions incorporated refer to a county board, territory, area,
agency, official, employee, or otherwise it means the corresponding city board, territory,
area, agency, official or employee and if there is no such corresponding city entity it
means the county entity acting in that capacity on behalf of the city.
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ORDINANCE NO. (NEW SERIES)
AN ORDINANCE AMENDING AND REPEALING PORTIONS OF THE SAN DIEGO
COUNTY CODE OF REGULATORY ORDINANCES, AND ADDING SECTIONS TO THE
COUNTY CODE, RELATING TO THE CERTIFIED UNIFlED PROGRAM AGENCY,
REGULATION OF UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES,
REGULATION OF HAZARDOUS MATERIALS AND REGULATION OF MEDICAL
WASTES
The Board of Supervisors of the County of San Diego ordains as follows:
Section 1. The Board of Supervisors finds and determines that the sections of the County
Code of Regulatory Ordinances assigned to the Hazardous Materials Division of the Department of Environmental Health were established during the 1980s and early 1990s and have not been
updated since then. The Board further finds and determines that since that time, there have been
many new State and Federal environmental laws and regulations passed regarding hazardous
waste, underground storage tanks, hazardous materials and medical waste. The amendments
made by this ordinance are intended to ensure that the applicable County Code sections reflect
current State and Federal environmental laws and regulations, including the California Health
and Safety Code and the Medical Waste Management Act. The provisions of this ordinance
shall be operative as of January 13,200l.
Section 34. The title of Chapter 11 of Division 8 of Title 6 of the San Diego County
Code is hereby amended to read as follows:
CHAPTER 11. CERTIFIED UNIFIED PROGRAM AGENCY, HAZAFWOUS
MATERIALS INVENTORY AND RESPONSE PLANS
Section 35. Section 68.110 1 of the San Diego County Code is hereby amended to read as
follows:
SEC. 68.1101. PURPOSE.
It is the intent of the Board of Supervisors that the Director of the Department of Environmental
Health shall implement Division 20, Chapter 6.95 of the Health and Safety Code. It is further the
intent of the Board of Supervisors that the Director of the Department of Environmental Health
expand the application of the Business Plan, Area Plan, other reporting, disclosure and
monitoring requirements of Division 20, Chapter 6.95 of the Health and Safety Code in a manner hereinafter prescribed.
Section 36. Sections 68.1102 through 68.1111 of the San Diego County Code are hereby
repealed.
Section 37. Section 68.1112 of the San Diego County Code is hereby amended to read as
follows:
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SEC. 68.1112. ENFORCEMENT OF HAZARDOUS MATERIALS RESPONSE PLAN
AND INVENTORY REQUIREMENTS AT AGRICULTURAL BUSINESSES.
Every business which is required, pursuant to California Health and Safety Code, to provide
information regarding inventories or hazardous materials to the Agricultural Commissioner shall
pay a maximum yearly fee in accordance with the Board of Supervisors resolution for such fee.
Such fee shall pay the expenses of the Agricultural Commissioner in collecting annual
inventories and conducting at least triennial storage inspections of agricultural businesses to
ensure proper compliance with hazardous materials response plan and inventory requirements
Section 38. Section 68.1113 is hereby added to the San Diego County Code, to read as
follows:
SEC. 68.1113. DISCLOSURE OF HAZARDOUS MATERIALS.
(4 Any business which handles hazardous material subject to the requirements of Chapter
6.95 (commencing with section 25500) of Division 20 of the Health and Safety Code
shall provide information in conformance with said Chapter to the Director of the
Department of Environmental Health.
(a>
Cc)
Any business which handles compressed gases with a Threshold Limit Value of 10 parts
per million or less shall report these gases as part of their chemical inventory, in any
quantity, and shall prepare a business plan in conformance with Chapter 6.95
(commencing with section 25500) of Division 20 of the Health and Safety Code, and
shall submit said plan to the Director of the Department of Environmental Health.
Any business which (i) submits a plan under paragraphs (a) or (b) and (ii) handles a
material which is a carcinogen or reproductive toxin in quantities not subject to the
requirements of Chapter 6.95 (commencing with section 25500) of Division 20 of the
Health and Safety Code, shall provide a list of each such material handled during the
previous year to the Director of the Department of Environmental Health.
(1) The list as required in paragraph (c) for carcinogens or reproductive toxins is not
subject to the chemical inventory reporting format requirements of the Health and
Safety Code.
(2) The list shall identify each material handled and shall specify whether the quantity
of each such material handled at any one time during a reporting year, based upon
a good faith estimate is:
less than One (1) Gallon,
less than Ten (10) Gallons, or
less than Fifty-five (55) Gallons
if measured by volume; or
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(3)
(4)
(5)
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(6)
less than One (1) Pound,
less than One Hundred (100) Pounds, or
less than Five Hundred (500) Pounds
if measured by weight.
The list of such materials handled shall be renewed each year by providing a
supplemental listing sheet which:
(0 Deletes any such material which was not handled during the previous
yew
(ii) Provides the information required in subsection (1) above, for any such
material used during the previous year which was not included in the list
or any previous supplemental listing sheets; and
(iii) Identifies any changes in the quantity handled of such material.
The provisions of subsections (a) and (c) shah not apply to businesses using the
following carcinogens and they shall be exempted from the requirements of
Chapter 6.95 (commencing with section 25500) of Division 20 of the Health and
Safety Code: aflotoxins, alcoholic beverages, betel quid with tobacco, bracken fern, diesel engine exhaust, gasoline engine exhausts, tobacco smoke, aspirin,
cocaine, anabolic steroids, oral contraceptives, saccharin, and tobacco.
The provisions of subsection (c) shall not apply to the following carcinogens:
gasoline, crystalline, silica, soot, tars and mineral oil, and residual (heavy) fuel
oils. Any business which handles these carcinogens are subject to the
requirements of Chapter 6.95 (commencing with section 25500) of Division 20 of
the Health and Safety Code
The provisions of this subsection shall not apply to materials which are (i) used or
intended for use for medical or therapeutic purposes, or (ii) contained solely in a
consumer product for direct distribution to, and use by, the general public.
(4 Unless otherwise defined herein, the definitions set forth in Health and Safety Code
section 25501 through 25501.4, inclusive, govern the construction of this section.
69 For the purpose of this section, a carcinogen and reproductive toxin shall be those listed by the Governor pursuant to Health and Safety Code section 25249.8.
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Section 39. Section 68.1114 is hereby added to the San Diego County Code, to read as
follows:
SEC. 68.1114. PENALTIES.
In addition to penalties provided in State law, the following criminal, civil and administrative
civil penalties apply to violations of this Chapter.
(a) Penalty for Misdemeanor. Unless otherwise specified by this Chapter, a misdemeanor is
punishable by a fine not exceeding one thousand dollars ($lOOO), imprisonment for a term
not exceeding six (6) months, or by both such fine and imprisonment.
(b) Civil Penalty. Any person who violates any provision of this Chapter is liable for a civil
penalty of not more than two thousand dollars ($2,000) for each day, or part thereof, such
violation occurs. Any person who knowingly violates any provision of this Chapter, after
reasonable notice of the violation is liable for a civil penalty of not more than five thousand
dollars ($5,000) for each day, or part thereof, that such violation occurs. The County
Counsel or District Attorney is authorized to bring a civil action in any court of competent
jurisdiction to recover such civil penalties for the County.
(c) Continuing Violation. Each and every day a violation of this chapter continues shall
constitute a separate offense. The person committing or permitting such offenses may be
charged with a separate offense for each such violation and punished accordingly.
Section 40. Section 68.1115 is hereby added to the San Diego County Code, to read as
follows:
SEC. 68.1115. ADMINISTRATIVE ENFORCMENT POLICY.
By written policy the Department of Environmental Health shall adopt procedures for enforcing
this Chapter and Section 25514.6 of the California Health and Safety Code. Such procedures
shall contain those elements required by, and shall be consistent with the provisions stated in,
Health and Safety Code section 25514.6, or any successor statute thereto. The administrative
enforcement procedures adopted shall not be exclusive, but are cumulative with all other
remedies available by law and under this Chapter.
Section 41. The title of Chapter 12 of Division 8 of Title 6 of the San Diego County
Code is hereby amended to read as follows:
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CHAPTER 12. CERTIFIED UNIFIED PROGRAM AGENCY, MEDICAL WASTES*
Section 42. Section 68.1201 of the San Diego County Code is hereby amended to read as
follows:
SEC. 68.1201. PURPOSE
It is the intent of the Board of Supervisors that the Director of the Department of Environmental
Health shall implement the Medical Waste Management Act, Division 104, Part 14 of the
California Health and Safety Code.
Section 43. Section 68.1202 of the San Diego County Code is hereby amended to read as
follows:
SEC. 68.1202. SMALL QUANTITY GENERATORS.
(a) It shall be unlawful for any generator of medical waste, other than a trauma scene
waste management practitioner, that generates less than 200 pounds per month of medical waste to store or dispose of such wastes without an annual permit
therefore from the Director of the Department of Environmental Health.
@I Any person desiring a permit required by this chapter shall make application
therefor as prescribed in Chapter 9, Section 68.906 of this division.
Section 44. Section 68.1203 of the San Diego County Code is hereby amended to read as
follows:
SEC. 68.1203. LARGE QUANTITY GENERATORS.
60 It shall be unlawful for any generator of medical waste, other than a trauma scene waste
management practitioner, that generates more than 200 pounds per month of medical
waste to store or dispose of such wastes without an annual permit therefor from the
Director of the Department of Environmental Health.
(b) Any person desiring a permit required by this chapter shall make application therefor as
prescribed in Chapter 9, Section 68.906 of this division.
Section 45. Section 68.1204 of the San Diego County Code is hereby amended to read as
follows:
SEC. 68.1204. FEE.
Every person required to have a permit or license required by this division shall, at the time of making application or renewal, pay the annual fee prescribed for such a permit or license. Such
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annual permit fees shall be specified in Section 65.107 of the County Code of Regulatory
Ordinances.
Section 46. Section 68.1205 of the San Diego County Code is hereby amended to read as
follows:
SEC. 68.1205. SHARPS CONTAINER LABELING
Sharps containers must be labeled with either “biohazard” or “infectious waste” on the outside of
the container. Sharps containers must also be labeled so that the generator’s name, address and
phone number are legible and easily visible on the outside of the container.
Section 47. Section 68.1206 of the San Diego County Code is hereby amended to read as
follows:
SEC. 68.1206. RED BAG LABELING.
Red Bags shall be red in color and conspicuously labeled with the international biohazard
symbol and the word “Biohazard”. The bag shall be labeled so that the generator’s name, address, and phone number is legible and easily visible on the outside of the bag.
Section 48. Section 68.1207 of the San Diego County Code is hereby amended to read as
follows:
SEC. 68.1207. MEDICAL SOLID WASTE.
Medical solid waste shall include, but not be limited to, waste such as empty specimen
containers, bandages, dressings containing non-liquid blood, surgical gloves, decontaminated
biohazardous waste, and other materials which are not biohazardous.
Section 49. Section 68.1208 is hereby added to the San Diego County Code, to read as
follows:
SEC. 68.1208. CRIMINAL PENALTY.
Violation of any of the provisions of this chapter shall be a misdemeanor punishable by
imprisonment in the County jail not exceeding one year, or a fine not exceeding ten thousand
dollars ($lO,OOO), or both.
Section 50. Section 68.1209 is hereby added to the San Diego County Code, to read as
follows:
SEC. 68.1209. CIVIL PENALTY.
Any person who violates any of the provisions of this chapter shall be liable for a civil penalty
not to exceed fifteen thousand dollars ($15,000) for each such violation.
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Section 51. Section 68.1210 is hereby added to the San Diego County Code, to read as
follows:
SEC. 68.1210. ADDITIONAL REMEDIES.
The civil and criminal provisions of this chapter are remedies in addition to any existing remedy
authorized by law and are not to be construed as conflicting with or in dereliction of, any
provisions of this chapter or of this code or of law. Said provisions are to be construed as
independent and non-exclusive and in no way conditioned upon each other.
Section 52. Section 68.1211 of the San Diego County Code of Regulatory Ordinances is
hereby amended to read as follows:
SEC. 68.1211. MEDICAL SOLID WASTE SECURITY.
Any person who is a generator, or an employee of a generator of medical solid wastes, shall store
such wastes prior to disposal in an area secured as to deny access to unauthorized persons,
animals, wind, rain, insects and rodents. If such wastes are placed in a trash receptacle or
compactor which is accessible at any time to unauthorized persons, such receptacle or compactor
shall be locked to prevent access to the contents thereof to anyone other than authorized persons
or refuse collection personnel.
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