§ 8.42.105. Hazardous materials assessment report and remediation plan.

A.

This section shall apply to the following entities that are located within one thousand (1,000) feet of a residence, school, hospital, or other sensitive receptor:

1.

A handler; or

2.

An applicant for a business tax license for a change of ownership of an industrial facility (hereinafter referred to as "applicant").

B.

This section shall not supercede any other disclosure requirements set forth in this Chapter.

C.

Each applicant described in subsection (A)(2) of this section, shall, within ten (10) days of its application, make written disclosure of whether it will handle, store, or produce any substance presenting a threat to public health listed pursuant to Section 44321 of the California Health and Safety Code ("hazardous substance"). For purposes of this section "release" shall be defined as in Section 44303 of the Health and Safety Code.

D.

At the discretion of the Administrator, each handler described in subsection (A)(1) of this section or each applicant described in subsection (A)(2) of this section shall prepare a hazardous materials assessment report and remediation plan (HMARRP). The HMARRP shall be prepared by a qualified and properly licensed engineer, specialist, laboratory or fire safety specialty consultant as directed by the Administrator.

E.

The HMARRP shall, at a minimum, set forth (a) identification of hazardous substances handled and stored on a property and suitability of the site; (b) analysis of off-site consequences caused by a release (including on-site fire) of hazardous substances; and (c) remedial measures to reduce or eliminate on-site and off-site hazards; and (d) a health risk assessment (HRA) performed in accordance with the guidelines established by the Office of Health Hazard Assessment pursuant to Health and Safety Code Section 44360(b)(2). Identification of trade secret information shall be identified as set forth in Section 8.42.120 of this code.

F.

Upon submission of the HMARRP, the Administrator shall review the HMARRP to determine if all the elements required are included and complete. The Administrator shall provide preliminary written notice of deficiencies, if any. The handler or applicant shall have sixty (60) calendar days from receipt of the notice of deficiencies to make any corrections. The handler or applicant may request, in writing, a one-time thirty (30) calendar day extension to correct administrative or technical deficiencies. By the end of the sixty (60) calendar days or any extension period, the revised HMARRP shall be resubmitted to the Administrator. After the Administrator makes a preliminary determination that the HMARRP is complete, the Administrator shall schedule a public meeting on the handler's or applicant's HMARRP to explain its contents to the public and take public comments. The Administrator shall make portions of the HMARRP, which are not protected trade secret information, available to the public for the public meeting.

G.

After receiving the written response from the handler or applicant, the Administrator shall issue a public notice per the city's public participation policy and make portions of the HMARRP, the preliminary determination and the handler's or applicant's responses, which are not protected trade secret information, available for public review. For the purpose of consideration in approving the final plan, public comments on the HMARRP shall be taken by the Administrator for a period of forty-five (45) days after preliminary approval of the HMARRP. The preliminary determination and handler's or applicant's responses shall be made available to the public. The Administrator shall schedule a public meeting on the applicant's HMARRP during the forty-five (45) day comment period. The public meetings shall be held in the affected community on evenings or weekends.

H.

The Administrator can direct any or all responsible parties to implement the recommendations set forth in the hazardous materials assessment report and remediation plan.

(Ord. 12323 § 1, 2001)