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HomeMy WebLinkAboutBUSINESS PLAN 12/12Z91 . CUSTOM TURE REFINISHING CO- 015. '22 ....... *'"'""P~'ge 1 ? Overa~3 Sit'e with ~ Gene'ra~ LoCat, i°n: 40i E B~RuNDAGE"~ ":':" · Map: 124. HazaP'd:r Unrated ICommunity: "BFD" RESPONSE AREA" ' Grid: 05A':.;- : -'.~ AOV: 0'0 I--- Contact Name ---I . Title I-' Business Phone --I 24-Hour Phone INILLIS L. SNARTZ IONNER'-' '1(8'05) 322-5594 x.. 1(805)'~·325-2628 I'.JOHN CARL "' I -1(,805) 322-5594 x '1(805) .3r25-6031 Administrative Data ' Mail Addrs': 4'01 E 8RUNDAGE LN'" D&B Number: 'City.: BAKERSFIELD" .':. State: cA Zip: 9330?- Comm code: 015-901."BbD" RESPONSE AREA" SIC Code: " 'Owner: NI'LLIS L'SNARTZ pho&~: ( ') - Address: 2411 LA SIESTA State: CA Cffty: BAKERSFIELD' '' Zipi 93305- Summary FURNITURE SANDING AND PA~NTI.NG FACILITy.. A PAINTING BOOTH IS INSIDE CNTR ROOM ON .N SIDE OF BLDG. THERE IS AN EXCESSIVE ACCUMULATION OF NOOD I-. CHAIRS, MANY OF NHICH H4. NG FROM THE CEILING RAFTERS ON THE E SIDE OF THE 8LDG 1'2 12/91 CUSTOM FU TURE REFINISHING CO 0157 0-000422-- :Pag:e.-'- 2 '.." Hazmat In~'ntory List in Reference N . ? .On. der- 02 - Fixed Containers' at Site' - Pl'n-Re¢ Name/HaZards -. F6rm 'Quan~'fity' 02-001' BENCO 8-15 · - .. Liquid 5'- High > Pressure, Immed Hlth, Delay. Hl'th '":. GAL 02-002 8ENCO 8-6 . Li~u~.d 15 High > Pressure, Immed Hlth, Delay Hlth GAL 02-003 BENCO B-4 Liquid .15 High > Pressure, Immed.Hlth, Delay Hlth - GAL 02-004 LACQUER PAINT ' .- : Liquid- 45 High > Fire, Pres~sure, Immed Hl'th, Delay H]th GAL '02-005 8ENCO'.-8-? L. iqu'i'd 45 High GAL 02-006 M~HANK TONE FINISH " Liquid 2 Moderate > Fire; Pressure, Immed 'Rlth, Delay Hlt. h GAL 02-007 MAC LAC H.I SOLIDS SONDING SEALER Liquid 15 Unrated > Fire,- Pressure, Immed Hlth, Delay Hlth GAL 02-008 MAC' LAC RUBBED EFFECT 'Liquid 10 Unrat.ed ~ Fire, Pressure, 'Immed Hl'th, Delay Hlth GAL 02-009 L'AQUER'THINNER Liquid 45 Moderate >.Fire, Pressure, Immed Hlth, Delay Hl'th GAL 02-010 HI GLAZ GLAZING LIQUID Liquid 4 Urinated '-' > Fi:re, Pressure, Immed Hlth, Delay Hl'th GAL 02-011 ULTRA PENETROLINS Liquid 25 High > Fire, Pressure, 'Immed' Hlth, De.lay Hl't'h GAL ~1.2/12/9t~ ' ' 'CUSTOM :TURE ,REFINISHING CO 01 0-000422 Page. 3 '. - Fixed- Cont'ain.ers at "' Hazmat..Inventbry Detaff'l .in ,'Reference Number Order 02 001 B 15 ' . '" Liau'i.d 5 H'ffgh >' Pressure,. Immed HI. th, Deqay' Hlth GAL 'CAS ~: ' ' 'Trade' Secret~ No ' Form:'Liquffd Type: Mffxtu're Days: 30 .Use: STRIPPER ' Daily;- Ma× GAL [-- Daily:Average GAL --I-- Annual Amount GAL .-- .5 I_, 3.00 I _ 5.oo -. St'oPage I Press [' Temp - . Location - PLASTIC CONTAINER ' '[Ambi~ntlAm'bffen~t[OU~SIDE 8LDG CEMENT SLAB ON 8ACK I ' I [':B L De -Conc -I Components I-.MEP 51.0~ [Dfichqoromethane ' . . - , IHigh .. ./17.0% IPhenol (EPA)- . -' " I~o'dera.telEPA 14.0~ [Formic Ac.id ;~ ' · -- IH'~gh 02-002 BENCO B-6 _ Liquid 15 High > Pressure, Immed H]th, Delay Hl-th GAL CAS ~: Trade Secret: No - Form: Liquid Type: Mixture 'Days: 36'5 Use .'STRIPPER Daily Max.'GAL .... I-- Dally AYerage'GA~ .... ]-- Annua~ Amount' GAL -- ,.~5 I ~0-00 ' I ~5.00 Storage I Press I Temp'.'~ -- Location --- PLASTIC CONTAINER IAmbient[AmbientlOUT.S}.DE.BLDG CE~ENT'SLAB ON BACK I., '" I;eL~e -Conc -I 'Components' " lC'MOP --IList ?3.0% IDichioromethane ., - IHigh. 13 04 IMethanol. ,.. [High 6:0~ IAmmonium Hydroxffde I.Mod'e'~ate¢ ' ' 12/12/91 cusToM FU TuRE REFZN'~sHING .Cb :01,5~0~000422;', Page · '~ ' ,'- - Fixed'Containers at Sit~"-: - ': .,i:: ':'" . ~.. H.azmat Inventory Detail in. Refe-r'ence ~umber:;'Order ,. : ,O2~0'03vDEN'CO 'B-4 .. -.L,fiqu~:d ' ~'5 H'igh ' , .. > P?essure, Immed Hq'th,' Delay Hl'th ,:. CAS' ~: Trade Secret: No ' ' ':' "' "- · Form: Liquid Type: Mixtur.e Days: 365 Use:. STRIPPER . ~ - - . , Daily Max'GAL ----I-- Da~ly Average GAL' -ii-- Ahnua] Amoun't GAL,--- 15 I ... i0.00 '"*] · , 20.00 ' Storage ~ , I Press I Temp' -I ., Location' . ' PLASTIC 'bONTAINER' IAmbie~tlAmbientlouTSZDE BLDG"CEMENT SLAB IN BACK ,. I I' IBLDG : , -Conc - Components I- Mcr --IList. 80.0~ Dichloromethane IHigh 11.0% Methanol IHigh 02-004 CQUER RAINT ': Liquid 45 High > Fire, Pressure, Immed Hlth, Delay Hlth GAL' CAS ~: Trade Secret-: No Form: Liquid Type: Mixture Days: 3'65 Use:' PAINTING Daftly.Max GAL ..... I-- Dai]y Ave'rage GAL I Annual Amount-GAE'-.- 45 I :40,00 I ~0.00 Storage Press I Temp: -I Location METAL COM,TAINR-NONDRUM Ambient[AmbientlCNTR OF PAINT ROOM, S WALL (NEN -Conc -I' comp°nen-ts I- Mcr --IList 50.0% IToquene I-Moderatel 10.0~ I~sopropyl Alcohol IModeratel 5.0~ ICellulose Nitrate IHigh 20.0% IIsobutyl Acetate I:Modera'teI' 12/12/91 · CUSTOM TURE REFINISHING-CO'015-~d-OO'b422,, .: ·,Page' '= ' ' - F'ffxed Con'tainers at¢ '~ off'tV' ' ' ' ' ' " Hazmat Inventory Detai] in .Reference Number On'der 02-0'0 NCO B:7 ' ' ' Lfiqufid -45 Hfigh V.'> ' ' ' ' GAL' CAS ~': Trade SeCret:. No . ' Form: Liquid Type: Mfixture Days: Use: ·STRIPPER Daily Max GAL .... I-- Daftly Average GAL. ' -= Annual Amount GAL 45 I 35.00 . ' 200.00' Storage Press Temp - Locatfion - .DRUM/BARREL-NONMETAL Ambient Ambffent BACK OF 8LDG OUTSIDE ON CEMENT S. -Conc '1 Componen'ts I' MOP --ILffst 69.54 IDic'hlo~ometha~e " .- IHfigh 18.04.1Methanol IHffgh : 'K TONE FINISH Lff.quffd 2 Moderate 02-006' A ' .. >' Fffre, Pressure, Immed'Hlth, D~iay Hlth 'GAL CAS ~: ' Trade Secret: No Form: Lffquffd T~p.e: M1-xture Days: 365 U~e:. PAINTING. Bafily Max GAL .... I-'- Daftly Averege GAL .... ~ Annual Amount GAL -- .. - 2 I. ,oo ' 3,oo · Storage. Press.I Temp -I Location PORT. PRESS. CYLINDER Above IAmb.ffentlCNTR OF W SIDE OF eLDG, PAINT RO " -I IW WALL . -Conc - ' Components , ' MCP~- List '. 1.~04 Ethanol Moderat~ 1.04 Acetone- . · Moderate 1.0~ Methyl -Ethyl Ketone Moderate 1.0'~ Ethyl Acetate MoUerate 1.0% n=But, y] Acetate . Moderate 1.04 Toluene Noderate , .¢. -'-Hazmat Inventory betaffl in ReCerence Number O. rd'eh - ' " ;' ~ Liquid "'15 unr'ated ' ,. 5' Fi~e~, Pressu:ne', [mmed H]'th,.Delay H3t.h' , GAL ' . . CAS'g: ' Trade'Secret: N~ ~. , ' 'F'or¢: Liquid Type: M~xture Da~s: 365 Us'e: PA.INTiNG-:¢ .. Daily Max GAL .... I--.Dai]y Ave'rage GAL --I'~- Annua],:'Amo'Unt .GAL · - ..... Storage I Press I 'Temp %1 Location METAL CONTAINR-SONDRUMIAmbffentlAmbientl. PAIN.T ROOM,.'~ N ~ALL, (~ .END) 8 v~'C LAC RUBBED EF~FECT' 02'-00 Li'quid. . ,10Unrated ' ' > Fipe, PPessupe, Immed Hlth, Delay H'~th GAL CAS ~: - Trade Secret':' No. Form: Liquid Type.: Mixture Days '365 Use: .PAINTING Daily Max.GAL .... I-- Dai.~y .Average' GAL --I-- Annual AmOunt GAL -- '' ' 5 00, I ~00 00 Storage' I Press I Temp -I Location METAL CONTAI'NR-NONDRUMIAmbien'tlAmbientlPAINT ROOM, N ~ALL, (.~ END) -Conc -I ComponentS, .. :Ir. MOP --ILffst 02-009 ER THINNER · Liquid' 45 Mod'era(e · ; > Fire, Pressu're.,'.Iimmed Hl'th, Dela.y,Hlth GAL. 'CAS-g: '-Trade Secret: No ' · Form:' Liqui'd Type: Pure D~s:..365 Use: PAINTING Daily Max GAL .... I-- Daily Ave'rage GAL --I-- Annual Amount GAL 45 I 35.00 I ~50.00 Storage Press I Temp -I boca~ion DRUM/BARREL-METALLIC AmbientlAmb.ientI - Cone -I Components I- MCP.--IList 't00.0~ IThinner IMode'rate. I · ';1'2/12/91 ". , ' CUSTOM TURE REFINISHING. C~ 015- 0-000422. Page ? Fixed Contafiners at Sit ~ ." . ://"/~_=.= .......... Hazmat .Inventory 'Detail._ in Reference Number Order 02-0!0'V/HI 'GLAZ GLA-ZING LIQUID Liquid 4 U'nra'ted ,> Fire, Pressure,. Zmmed Hlth, Deqay Hlth GAL " CAS ~: Trade Secret: No . · ' Form Liqu¢'d, Type: Mixture Days: 36'5 Use: PAI'NTING Daily Max GAL .... ]-- Dai]~ Average GAL I Annual Amount GAL -- 4 I 2.0,0 I. '' 2o.oo, St,orage Press Temp '-I bocatffon ',METAL CONTAINR'NONDRUM Ambientl'Ambien.tl-PAI~T ROOM',W WALE ,- -,.Conc -I Components - ~CP -- List 02-01., LTRA PENETROLINS' Eiquid 25 High " > Fire, Pressu're, Immed Hlth, Delay Hlth GA_ cAS' ,~: Trade Secret: No - - Form: Liquid Type: Mixture Days: 365 Use: PAINTING Daily Max, GAL----J-- Daily Average GAL m-j-- Annual A'mount GAL .25 I 20.00 I 20.00 S~orage I Press '1 Temp -I"- Location METAL CONTAZNR-NONDRUMIAmbientlAmbientI.PAiNT.. ROOM W WALL - Cone '1' Components 82.0% IMethy~ Alcohol IHigh 15.04 IDiethylene Glycol Monoethyl Ether ILow 12/12/91 CUSTOM. [TURE REFINISHIN'G .CO 015, 0~000422 '. O0 - . <D> Notif./Evacuation/Medical " < 1 >. -Agency ,Notificarich. <2> Employee Notif./Evacuation NOTIF~ FIRE DEPT. AND LEAVE BL~G <3> Public Notif./E~acuation <4> Emergecny Medical Plan CALL 911,. MERCY HOSPITAL 2215 TRUXTUN AVE BAKERSFIELD, CA (805) 327-3371 12/12/91 CUSTOM' FU :TURE REFIN, ISRING CO 0'15 0~'000422· Page . <E>'Prev./Minim~zagion/Cleanup . <1> Release prevention " '- <2'>-'"~e~ease. Containment '~ USE A NOSPILL FILTRATION SYSTEM. IF,THERE IS A SPILL MOP UP AND SEND TO LICENSED RECLAIMER. · <3> Clean U'p <4> Other Resource Actfivatfion' ' ,12/12/91 CUSTOM TURE REFINISHING CO 015- 0&000422- Page 10, O0 .- O~eral'l Site . <F> Site Emergenc~ Factors <1> specia] Hazards <2> Utility Shut-Offs · A) GAS/PROPANE - W SIDE OF BLDG ON BLISS ST NEXT TO LARGE GARAGE DOOR. B) ELECTRICAL - SE CORNER OF BLDG. C) WATER - IN FRONT OF BLDG E SIDE (PAINTED BLUE). D) SPECIAL - NONE. E) LOCK BOX - NONE. <3> Fire. Pro'rec./Avail. Water FIRE EXTINGUISHER'OUTSIDE OF PAINT ROOM. ONE EXTINGUISHER IN WOODWORKING' PART OF BLDG. WATER'SE CRNR OF BLDG FI'RE HYDRANT ACROSS FROM BLDG AT CRNR · OF BRUNDAGE AND BLISS, APPROXIMATELY 60 <4> Held for Future use 12/12/91 CUSTOM TURE REFINISHING CO 015- 0%000'42'2 ,page O0 - Overall Sffte : .- <G> Trainffn~. · <1> Page 1 -" :'~ <2> Page .2 as needed " <3> HeTd for Future <4>.Heqd for Future Use .. 12/~/91 .' CUSTOM ITURE REFzNzSH'~N'~"C0':'-O'1500':O00.422 Page 12 ~ 00 - Oveffa.l']' ~ . . %M> Events Led~en M" , t0/11/88 ANNUAL/OK .: ' _]2/12/91 CUSTOM FL [TURE REFINISH'ING CO 015, 0-000422 " Pa'~e !3 oo - Overall Site <M> Inspections List :'"" 10Xll/88 ANNUAL/OK :.. IMPORTANT ME$SAG~ FOR DATE ~")(~/O'- TIME ..~: ~)~. M · P.M. o~~~ ~~ c PHONE NO. c~[~,o ~ ~ou ~,~ c~ ~,. WANTS TO SEE YOU RUSH ME~AGE . Di~Th CT ~' - .' 'BLO~K'NO: .FIRE DEPARTMENT .. 'j,- , DATE . ~ FIRE ORDINANCE-VIO~TION' ~ ~~./~/ . . CORRE~ A~ ILO~TION OF VIO~TION 1 ' ' . ! ~nOUiS~m.. Relo~te ~ ,~u~ ,) ,o that ~ey*w[ll be in, cons~cious Iocafi~ hanging on brack~:~h ~_top ~ ~ ~nou~r ~oi md'e ~an 5' ~ above.~e flo~'! N. F-P.~'~ 1Ol . ' Provide and in~all ~pprov~ * (~ ~ size).po~able fir~ ~ngu~hm ' " to'be imm~iate~ ac~ssible fo~ use in ~ - (area). (U.F.~) ". / 'Recharge all fire e~nguisher~ Rm e~ngul~ers shall be ~d m I~so once each year, anWor aflw each use~. ~a ~n hp~g.'a valid limme m'~ficate. (U.F.C) Signs ~ -' Pro,de and ~aimain "EXm' ~g~s) ~m leto= 5 or mo~ i~h, H height o~r eac~ required ex~ (door/~ndow) ~ tim esca~' ~U:'F.C,), . ·: '~ "'*-~ *' "-* "~'~*' ........ ' Provide and maintain approp~ate numbers on a co~rasfing background 'and ~is[ble Nora the ~et to indicate,~e co~ addm~of ~e building. (B.M.C.) (U.F:C.) , merc~ni~l d~ or ~ an app~ smoke a~ h~.se=~ d~ Serf-do,hq doom shall ha~ ~ ~m ~pab~ ~ p~ ~ o~oh ~ ~ ~9 d~c= (U.F.C.) ~ ~i-dA~FTER VIOLATIONs ARE 'CORRECTED, RETURN ., . -, BY 0 DER_OF THE FIRE CHIEF '1 Date Completedc - "127 Brundage'Lane ' - ,-, , U.B.C. ' -:~ - Uniform Building Code ,. -: , · N.F.P.A. -' National Fire Protection Association * . · · " FIRE DEPARTMENT OCCUPANCY * tDISTRICT BLOCK NO. DATE ,,~,:' FIRE ORDINANCE VIOLATION ~.~../' .Z ,¢ ~" ~ / TO: , /, , / .--"-- TITLE FIRM OR D.B.A. ADDRESS: ZIP CODE BUSINESS PHONE 7: HOME PHONE CORRECTvio~TIoNsALL[LOCATION~ OF VIO~TION, ~ ' CHECKED BELOW "" ~ // ' /---'*~ /~.; '/ :' ~ V~olat~on No. REQUIREMENTS Combustible.waste/ 1/ Remove and safely dispose of all hazardous refuse and dry vegetation on the above premises (U.F.C.) : ' " "~ ~> ~ ~ dry vegetation ,~ ~:~,, %/ Provide noncombustible containers with tight fi~ing lids for the storage of combustible waste and rubbish pending its safe disposal. (U.F.C.) J.:- '~ ' / .... Combustible Storage 3 Relocate combustible sto~age to provide at least 3 feet clearance around motor fuse bonfire doo~ (~.E.C.) (U.F.C.) Extinguishers Relocate fire extinguishe~ s) so that they will be in a conspicious location, hanging on brackets with the top to the extinguisher not more than 5 feet above the floor. (N.F.P.A. ~ 10) ~5 Provide and install 'approved (type ~ size) potable fire extinguishe~ to be immediately accessible for use in (area). Recharge all fife extinguishers. Fire extinguishers shai~ be se~iced at lease once each year, and/or a~er each use, by a person having a valid license or ce~ificate. (U,F.C.) Signs 7 Provide and maintain "EXIT" sign(s) with lepers 5 or more inches in height over each required exit (door/window) to fire escape. (U.F.C.) Provide and maintain appropriate numbers on a contrasting background and visible from the street to indicate the correct address of the building. (B.M.C.) (U.F.C.) Fire doors/fire Sepamtions~ 9 Repair afl (crack, holes/openings) in plaste~ in (location). Plastering shall return the sufiace to its original fire resistive cond~tio~ (U.B.C.) lC (Remov~Repair) (item ~ location). SelFclosing doors shall be design~ to close by gra~, or by the action of a merchanical device, or by an approved smoke and heat sensitive device. Serf-closing doors shall have no a~achments capable of preventing the operation of the closing device. (U.F.C.) Exits l lRemove alt obstruction from hal~ays. Maintain all means of egress free of any storage. (U.F.C.)  Provide a comra~ing colored and permane~ty inst~lled ele~dc light over or near required ex~ (location) to clearly indicate it as an ex~ (U.F.C.) · ' 14 -Storage 1 3 Remove all storage an~er othe~ obstructions from (fire escape landings and s~i~ays ~air shafts). (~re escape~ stair sha~ are to be maintained fr~ ~om obs~ctions at ail ~mes.) (U. F. C.) Fire protection appliances Extension cords shall not be used in fieu of permanent approved widng. Install additional approved electrical e~lets where n~de~ (N.E.C.) (U.F.C.) Ii'Remove mulidre a~achment co~s from specified electrical convenience outlet (one plug pe~ outlet). (N.EC.) (U.F.C.) ~: ": ' '~:"~ -':-' .Z'>'' / .'~: : '.. r. ~'. .... '? Z.,' '- .  Persort receiving notice' of VlO~atlorl; ON ~'/ '"~/19 .~N INSPECTION WILL BE MAD'E' IF NO COMPLIANCE, .(~. ' COURT ACTION MAY BE INITIATED. Signature BY ORDER OF THE FIRE CHIEF Date Completed: AFTER VIOLATIONS ARE CORRECTED, RETURN ..-.. THIS NOTICE BY MAIL OR IN PERSON, TO: By INSPECTOR INSPECTOR Fire Station ~'6 LEGEND: U.F.C. Uniform Fire Code 127 Brundage Lane U.B.C, Uniform Building Code Bakersfield, CA 93304 B.M.C. Bakersfield Municipal Code N.F.P.A. National Fire Protection Association Phon~" 326-3966 N.E.C. National Electric Code KER.~! E?~tJiROP. ME?.T~L SE'RU!CE <RES) B05-S89-S££0 C~LPI .EHC. STURGEOH ~ SON iNC. 805-S2Z-440~ WRSTE COHTROL SERVICE 80S-~99-~20 T HORHE .ENUt ROHMEHT RE 80S- GROUND~RTER RESOURCES 80S-8SS-7T00 D~U~ USST£ GEO KINETIC 80~-~29-779G CLOUIS DRUM 209-299-9S2~ URYMRR DRUM 21S-~7-S1SS OIL PI£~-UP COLES SERUiu=o 805-322-8258 BAK~RSFIELO PRCIFIC OIL 805-~71-S683 ..CORRECTION NOTICE BAKERSFIELI~ FIRE DEPARTMENT N] '] Location ~//~/ ~ Sub Div. Blk. ~t, You are hereby required to make the following corrections at the above location: Cor. No ~ ,_. ~'~l ~f' -5_ t f I I - - . . d ~_ ~~~ ~~>~~'. ~ Completion Dale for Correctio~ '. ~ . ",~',"- 7X ~ g J' ' Inspector '~ ~ ~ ~ ) 326-3951 CORRECTION NOTICE BAKERSFIELD FIRE DEPARTMENT x'~ .' ~ ~ ~ · | ~ '..~ ,. Location /b; / ~z-. ~/u' Sub Div Blk.. Lot You are hereby required to make the following corrections at the above location: Cor. No ~ ~ - ~:/ ~ ... - , ~ · ~ . /~' ~Z/~~~..~~ -- :J / / '., ..  ,. ~ :J .. ;.r/ , / '; ~ ,' / · t / ~/ . / -~' '~ ..... ~--..t,'_,~r. , ~,."~'~c~:..~ ~,~a.~-c~ .,~ . '-':.;/.'." ~, ~ -' -~ ~ ~ ~ / ~- - _.~ ~..~ , .~ -.~..' ~ ~.:' / / .,..-" ',~ , ' z' ',' ~:' . . . ~ I / ,/ Compledon ~ale for Corrections Date ~'I// / /} ~,n : .x I / / Inspector IMPOR/TANT MESSaGe/// IMPORTanT~ _ MESSAGE ,. .~/ { A.M. " A.M. OF CALLED TO SEE YOU WILL CALL AGAIN CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU RUSH WANTS TO SEE YOU RUSH ~1 R~,U RN~D ~ OU. ~ I ii IR~ 'U"N~D YOUR C~ ~ I Ii /" '~' ~ s,~.~o /' ~ d SIGNED I ~~ ~..co,. u.~*. ~ ASSOCIATED L1-A2334 ..,~,.o,...~ _ FOR.~IMPORTANT~--~/~ ~//?- f MESSAGE. A.M. ~^~. ~,~/~: ~ o ,.~. M~ TELEPHONED X PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN RETURNED YOUR CALL ASSOCIATED L1-A2334 ............. MPORTANT M ESSAG~ I DATE ' TIME__--' P'M'I PHONE NO. EASE CALL TELEPHONED CALLED TO SEE YOU 'ILL CALL AGAIN TS TO SEE YOU JSH YOUR MESSAGE ~-~'o / ~ SIGNED_ ASSOCIATED L1.A2334 ' CORR[::/C I'ION NO'i'ICE CORRECTION NOTICE j BAKERSFIELD FIRE DEPARTMENT N~ '] f) 3 [~ [' BAKERSFIELD FIRE DEPARTMENT Sub Div. Blk. Lot Sub Div. Blk. . Lot You are hereby required to make the following corrections You are hereby required to make the following at the above location: at the above location: co,. ~o [ Cor. NO [ ~-~ /" ,~4~ ' ' .'~ ,, ,' _ .~. , .~ ~ z · C" ~ ,~7' / ,~ ~/~ ~ / / ~ ~' - .'. / f Locat:ffon: 401 E 8RUNOAGE LN :'Chap: Idenl: Number: 0~5-0 '~0 ..... , -0uu422 Sr~d: 0SA Ar~a --- Con~ac% Name Tff~]e ;-- 3usfiness Ohone --; 2,z Hour Phone- . - ' f805) 322-5594 x t (805) 325-2623 N[LLI3 L SWARTZ. CNN~ ~.,. ' , . 4,-ca94 x i(805) · JOHN CARL ¢' F(805~ 3~° '- ......... ~ _ _ -~~~ ~ ~; ............ ~ '; - Admin~s~r,a~ve Oa~a ' C1 :'y: 8AKERSF;EL :S ~ c:a: Camm ~ ~R~ 4 ~ ~de: 0!5-004 8A ~LO - ~ ...... ~'~n~',ILLIS L S~ARTZ' , , Rhone: ( ) - City: 8AKERSFiELO ';4 ~.,¢~.,~.. ~ff=: 93305- Summa ny - "FURNiTURe- SANOiNG AND P.,.~Ni ~N=&' -' C PAC,_:TF.- *1 ' ' ,~_~,~.l~%IN(a .~9¢~..~1= t.R_=~S[~' N'" * iCNTR ROOM ON M 3. T~C :3¢ ~;' ~ T~ · =, ,=--~T',,= . '*¢',~.',, [qT~N(~ ~ TH~ ,~:TLiNG~. 'RA~',=R.: ON TH=~ ~= .~ '=~F~_ ,~=, THE 3 U'OG i . . , , ./ ~*- --:'' '.: '5":L,: .---..... .,-: ._,~. , ~/. ~7~1 '- . 072~5/@0 CU3TOM F !TURE REFiNI3H[NG CO 0! 0~22 .~, 02 - Ffxed Con~affners P3n-Re¢ Name/Hazands 'Fonm Quan~ff~y MCP 02-00 ~SENCO 9-15 ' Lffqufid 5 ~~, immed Hlth, Delay Hlth GAL 02-0~ ......... ~ = ...... H'igh ~¢~u~e, Immed Hqth 0e~ay HDth GAL 02-003~%~C-0--~%~'~ Lff~uffd 15 High : > ~ressur~, lmmed H~h, Oe~ay Hqth GAL ~-. > Ffice, Pcessune, Zmmed Hq~h, Deqay Hqth GAL > GAL 03-006 ~OHANK' TONE-'FINiSH ',~- Lffquffd > h~¢~nessu~e, ~med H~h, Deqay Hq~h GAL 02-007 ~AC LAC HI SOL[OS SONO[NG .:~AL_R L~qu~d 15 Unrax=~ > F~P~, Pp~s~, imm~d H]~h, De~ay Hi~h GAL 02-008 ~MAC"'L~C RU88EO EFFECT ~-~eF-.:P~'reT--!'mm~d Hl~h, Delay ~l~h ~A_ 02-OOq -~-' ~=~ TH ~- ~AO ..... iNN .... ~-' 02-010 HT- GLAZ ~A=[NG LZQU[D r~re, pressure','-[m~ed Hl~h Delay H~h GA.~ 02-011. ULTRA 'PEN_~ROLINSF' ~¢ Lff~uffd. 25 Hffgh > Fff~e,'-PcesS'u~e, Immed Hq~h, De~ay Hq~n ~AL -' 07~/90 CUSTOH F~ ITURE REFINiSHiNG CO 07 i0-000422 Page <F> S~e Emgrgenc~ Factors <1> Specffa] Hazards <2> Utf]~ty Shut-Offs A) GAS/PROPANE - W SlOE OF 8LOG ON SLiSS ST NEXT TO LARGE GARAGE OOQR. 8) ELECTRICAL - SE CORNER OF BLDG. C) WATER - iN FRONT OF SLOG E SiDE (PAiNTEO SLUE). O) SPECIAL - NONE. E) LOCX 80X - NONE. <3> ?'P,ART--5'~~-7~'?E-~'-~'-~'~N'~-~'~. ~FIRE HYdRANt-ACROSS FROM SLOG AT CRNR OF BRUNDAGE ANO 8LISS, APPROXIMATELY 60 FT. ~:~..~.,/' ...~. .. : ., ..... _.. <4> Heqd for Future use 07~'25/90 CUSTOM ~I~ITURE REFINISHING CO 01-i010-0CO122 Page ,~ O0 - Overa]] <0> Notif./Evacuat~on/Med~ca <1> Agency Notification <2> Emo]oyee Noti¢./Evacuacffon NOTIFY FIRE DE2T AND _mArE 8LDG <3> Publ i¢ No~if./Evacual:ion <4> Emergecny Medical Plan CALL 9!1 MERCY HOSP~TA; 2215 TRUXTUN AVE BAKERSF~ELO, CA ~ ~ ~7! (305) CUSTOM TUR~_ REF!NIoH£NG~' CO 015~i0-000,'''~ Page O0 - Ovenal} 3i~e <E> Prev./Mffnffmffza~ffon/Cleanup <1> Re]ease Prevent~on <2> Re]ease Conmafinmen~_ AND SENO TO L]:CENSED RECLAIMER. <3> Cqean Up <4> OTher Resource Stripping and/or Refinishing CUSTOM FURNITURE REFINISHING AND STRIPPING 401 E. Drunda~e Ln. · ~a~ersfiel~. CA 93307 ~805) 322-5594 Antique & Piano Commercial & Residential Restot-ation Furm~ure Refimshed P~n-Re~ Name/Hazapds 'Fo~m ~uan~ .'4CP 02-001 BENCO B-15 L~qu~d S :~Xgh ;. Pressure, Immed H]th, De]ay Hqth GA:_ 02-002 BENCO S-6 Lffqufd 15 > Pressure, lmmed Hl~h, De]ay H~th 02-003 8ENCO 8-4 Lffau~d 15 H~gh > P~ssu¢~ irnmed H]th, 0e]ay u~h;, ,~A_ 0.c~-004 LACQUER PAINT L~quXd .. > Fire, Pressure, Imrned H]th, Delay Hq~is GA_ 02-005 8ENCO 8-? Lfiauid 03.-006 ~OHAWK TONE ~TNi. ,, L~au~G ..... - > Fffre, Pressure, immed HI~M, De]ay H~'~h ' -GA~ 02-007 r,~AC LAC H! :SOL[DS SONOING SEALE:~ L~uffd '~ IJnra%~c > Fire, ,~essure,. lmmed H~,tn,' De]ay '.="'~cn' D.a.._ 02-008 ~AC LAC RUBBE0 EFFECT > Fffre, ~ressure, immed H]th, De]ay > F~re, Pressure, lmmed Hi'Ch,' Delay H 02-010 Hi GLAZ GLAZING LiOU~u > Fire, Press,are, irnmed Mlth, Omiay H]c}n GA._ '32-01 I UL'FRA P~N~TROL!NS > F~re, Pressure, [rnrned Hi%h, De]ay H]'~h 07~'16/90 CUSTO~! iiTURE REFiNISHiNG CO 0'~$- ]O-0C0,'t22 Page 00 - Over,~]] S~te <O> No~fif./Evacu,~cfion/[4ed~c,~] <1> Agency Notification <2> Ernp]o,_zee No~:fff./EvacuaCfion NOTIFY FIRE DEn.-.,~ AND LEAVE ~LOG. '3> Publ fc No~_fi~./EvacL~.at:-fon CALL 9'!I ~ERCY HOSPITA_ 2215 TRUXTUN A'TE aAKERSF;ELO, CA 0~/28/'90 CUSTO~I ~NiTLIRE RE?iN[3H[¢,IG CO 0 .0'~'3-000a2:~ ?.age ,-x p ./Mfin~m4z ..... on .~ eanup <~. rev <i:> Reqease PrevenTion -,~> Re!ease Con~a~nmen~ USE A NOSPiLL i=iLTRATiON SYSTE~!. iF 'THERE iS A SPILL AND SEN© TO LICEN.SED RECLAi~flER. <3> C~ean Up <4> ~her Resource Act:-;va~;on 0 ?/~$/'90 m ¢ FL , ~UoTOM iiTURE REFiNiSHiNG CO 0'~5 !0-0004'32 O0 - Over,aqq S4~e <F> S~e Emergenc~ Factor~ <1> Special Hazards A) 'aao./PROPANE - ~j SiDc OF BLOG ON 8L-rss ST NEXT TO LARGE GARAGE DOOR. 8) ELECTRICAL '- SE CORNER OF ~LDG. C) ~,iATER - ~N ~RCh. IT OF ~LOG ~ SiDE (PA~NTEO SLUE}~ O, SPECIAL - NONE. E LOCK BOX - NONE. F;R~' EXTINGUISHER n ~- - ,¢UT,~DE OF PAINT ROOM. ONE EXTINGUISHER PART Or R~,OG. ~IATER ,_,_~F CRNR OF BLU,~. FIRE HYDRANT OF 8RUNOAGc AND~,_~ ~SS . iliaT__ 60 r---' <'~> Held ,=or Future use ,, C~ADTE~ 6.95. HAZARDOUS HA~S HELEASE P, ESPONSE PLANS AND INVENT0~Y _~ 25500. The Le~isla=ure declares 'the=, in order to protec= ~he public heal=h and safe=7 and the environmen=, i= 'is necessar7 to es=ablish business and area pl.ans rela=in~ =o ~he handlin~ and release or release of hazardous ma=erials. The estaUlishmen= of minimum s=atewide s=andards for =hess plans is a s=atewide concern. Basic informa=ion on ~he location. =7~e, quan=i=7, and =he heaI~h risks of hazardous ma=eria!s handled, used, stored, or disposed of in =he scats, which could be accidentl7 released into =he environment, is not now available firefi[hters, health officials, plau~ers, public safe=~ officers, heal=h care providers, re[ula=or7 a[encies, and other interes=ed persons. The information provided b7 business and area plans is necessar7 in order prevent or mi=iEate the dama[e =o =he heal=h and safe=7 of persons and =he environment from the release or ~hreatened release of hazardous ma=erials into =he workplace and environmen=. The Le~islature further finds and declares =ha= ~his =hap=er does not occupl the whole area of re~ulati~ =he' inventorTin~ of hazardous ma=erials and ~he preparation of hazardous materials response plans businesses and '~he Le~isla=ure does not intend =o preempt an7 local ac=ions, ordinances, or regulations which impose addi=ionai or more strinEen= requirements on businesses which handle hazardous ma=erials. Thus, in enac=in~ ~his chapter, i= is not ~he intent of =he Legislature preempt or o=herwise nullif7 an7 ocher s=atute or local ordinances containin~ =he same or ~reater s=andards and protac=ions. (Added b7 Stars. 1985. Ch. 1!~7.) -312- 25501.. Unless the context indicates otherwise, the followin~ definitions Sovern the construction of this chapter: (a) "Administerin~ asency" means the department, office, or other a~ency of a county or city designated pursuant to subdivision (c) of Section 25502. (b) "Area plan' means a plan established pursuant to Section 25503 by an administerin~ a~ency for emergency response to a release or threatened release of a hazardous material within a cit7 or county. (c) "Business' means an emploTer, self-emplo~ed individual, trust, firm, Joint stock compan7, corporation, partnership, or association. For purposes of this chapter, "business' includes a business organized for profit and a nonprofit business. (d) "Business plan' means a separate plan for each facility, sate, or branch of a business which meets the requirements of Section 25504. (e) "Chemical name' means the scientific designation of a substance in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistr7 or the system developed by the Chemical Abstracts Service. (f) "Common name' means any desisnation or identification, such as a code name, 'code number, trade name, or brand name, used to identify a substance other than b~ its chemical name. (8) "Department' means the State Department of Health Services and 'director' means the State Director of Health Services. (h) "Handle' means to use, senerate, process, produce, packaEe, treat, store, emit, dischar~e, or dispose of a hazardous material in any fashion. (i) "Handler" means an~ business which handles a hazardous material. (j) "Hazardous material' means an7 material that, because of its quantitT, concentration, or physical or chemical characteristics, poses a sisnificant present or potential hazard to human health and safe=7 or to ~he environment if released into the workplace or the environment. "Hazardous materials' include, but are not limited to, hazardous substances, hazardous waste, and an~ material which a handler or the administerin~ aEenc~ has a reasonable basis for believin~ 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. (k) "Hazardous substance" means any substance or chemical product for which one of the followinS applies: (1) The manufacturer or producer is required to prepare a MSDS for the substance or product pursuant to the Hazardous Substances Information and Trainin8 Act (Chapter 2.5 (commencins with Section 6360) of Part 1 of Division '5 of the Labor Code) or pursuant to any applicable federal law or resulation. (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 b7 the Nuclear Regulator7 Commission. (3) The substances listed pursuant to Title 49 of the Code of Federal Re~ulations. (4) The ma:erials listed in subdivision (b) of Section 6382 of the Labor Code. (1) "Hazardous waste' means hazardous waste, as defined by Sections 25115, 25117, and 25316. -313- (m) 'Office" means =he Office of Emergenc7 Services. (n) "Release" means an7 spilling, leaking, pumping, pouring. emit=ing, emp=ling, discharging, injec=ing, escaping, leaching, dumping, or disposing in=o =he environmen=, unless permi==ed or au=horized b regula=or7 agencI· (o) 'SIC Code" means =he iden=ificacion number assigned bl S=andard Indus=rial ¢lassifica=ion Code to specific =~pes of businesses. (p) 'Threa=ened release" means a condi=ion creating a subs=an=iai probabiliCl of harm, when =he probabili=l and po=encial ex=eno of harm make iC reasonablI necessar7 =o cake immedia=e action to prevent, reduce, or miciga=e damages co persons, proper=l, or the environment. (q) 'Emergencl rescue personnel" means anI public emplolee, including, bbc no= limi=ed to, anI fireman, firefighcer, or emergencl rescue personnel, as defined in Sec=ion 245.1 of =he Penal Code, who responds =o anl condition caused, in whole or in par=, bl a hazardous material =ha= jeopardizes, or could jeopardize, public health or safety or the environment. (r) "Citl" includes anl ci=l and countI. (s) 'Trade secret" means =rede secre=s as defined in subdivision (d) of section 6254.7 of the Government Code and Section 1060 of the Evidence Code. (Added bI SCats. 1985, Ch. 1167.) 25501.1. No=withstanding Section 25501, for purposes of ~his chap=er, a hazardous subs=ance specified in paragraph (3) of subdivision (k) of Section 25501 means =hose hazardous materials or substances listed in Par=s 172 and 173 of Title 49 of the Code of Federal Regula=ions. (Added by S=ats. 1986, Ch. ~63.) 25501.2. For purposes of =he inven=or~ requiremen=s of this chap=er, 'score," as used in subdivision (h) of Sec=ion 25501~ does not include =he storase of hazardous ma=erials which are in =ransi= or which, are Cemporarill maintained in a fixed facilitI for a period of less than 30 dais during the course of transpor=a=ion. (Added bl Scats. 1986, Ch. 463.) 25501.4. (a) NoCwiths=anding subdivision (c) of Section 25501, "business" also includes the federal governmen=, co the ex=en= au=horized b~ federal law, or an~ agenct, department, office, board, commission, or bureau of state governmen=, including, bu= no= limited =o, =he campuses of ~he California Communi=~ Colleges, =he California Scare UniversitI, and ~he UniversicI of California. (b) No=withs=anding subdivision (d) of Sec=ion 25505, and excep= as provided in subdivision (c), any public agencI which is a business pursuan= to subdivision (a) shall be in compliance with ~his chapter on or before Sanuar~ 1. 1990. (c) From Januar~ 1, 1990, to Januart 1, 1992, ~he campuses of =he California communitI colleges, =he California S=a=e UniversitI. and the Universi=y of California are hOC required =o include in their annual Lnventort. prepared pursuant to Section 25509. any quan=itl of a hazardous material which is handled in quan=ities less than the quan=ities specified in subdivision (a) of Section 25503.5. The campuses of the California community, colleges, ~he California State University, and the University of California shall, until Sanuar~ 1, 1992~ post signs in accordance with the standards and orders adopted by the Occupational Safety and Health Standards Board pursuant to Section 142.3 of the Labor Code. (Added by Stats. 1988, Ch. 1585.) 25502. (a) Except as provided pursuant to subdivision (b), every county shall implement this chapter as to the handling of hazardous materials in the county. Each county shall ensure full access to, and th~ availability of, information 'submitted under this chapter to emergency rescue personnel and other appropriate governmental entities within its' jurisdiction. (b) A city may, by ordinance or resolution, assume responsibility for the implementation of this chapter and, if so, shall have exclusive jurisdiction within the boundar~ of the city for the purposes of carrying out this chapter. The ordinance shall require that any person who violates Section 25507 shall be subject to the penalties specified in Sec=ion 25515. A city which assumes responsibility for implementation of this chapter shall provide notice of its ordinance or resolution to the office and to the administrating 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. No city may 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 office adopts regulations pursuant to Sec=ion 25503, excep~ ~ha~ a city may enac~ an implementing ordinance or adopt an implementing resolution after this 60-day period, if it has an agreement with the county to do so. Any new city has one year from the date of incorporation to enact an ordinance or adopt a resolution implementing this chapter. (c) The county and any city which assumes responsibility pursuant to subdivision (b) shall designate a department~ office, or other agency of the county or city, as the case may be, as the administering agency responsible for administering and enforcing this chapter. The county and any city which assumes responsibility pursuant to subdivision (b) shall notify the office immediatel~ upon making a designation. A count~ shall designate an adminis~e.ring agency on or before January 30, 198~. (Amended by Stats. 1986, Ch. 4~3.). 25503. (a) Not later than September 1, 1986, the office shall adopt, after public hearing and consultation with the office of the State Fire Harshal and other appropriate public entities, regulations for minimum standards for business plans and area plans. Ail business plans and area plans shall meet the standards adopted by the office. (b) The standards for business plans in the regulations and 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. -315- i (2) Take ~nto consideration and adjust for the size and nature of : '..he bus,ness, the prox~nit7 of the bus,ness to residential areas and other populations, and the nature of the damage potential of its hazardous materials ~n establish£ng standards for subdivisions (b) and (c) of Section 2550~. '(3) Take ~nto account the existence of local area and bus,ness plans vhich meet t. he requirements of this chapter 8o as to m£n£mize the duplication o£ local efforts, consistent with the objectives of this chapter. (~) Define what releases and threatened releases are required to be reported pursuant to Section 25507. The office shall consider the existing federal reportin8 requirements in determinin$ 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 r. he 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) ?raining of appropriate employees. (5) 0nsite 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 office of reports made pursuant to Section 25507. (d) The administering agency shall submit a copy of its proposed area plan, wi=bin 180 days after adoption of regulations by the office establishing area plan standards, to the office for review. The office' shall notify the administering agency as to whether the area plan is adequate and meets the area plan standards. The administering agent7 shall within 45 days of this notice submit a corrected area plan. The administering agency shall certify to the office every three years that i= has conducted a complete revie~ of its area plan and has made an7 necessar7 revisions. Any time an administering agency makes any substantial changes to its area plan, i= shall forward the changes to the office within 14 days after the changes have been made. (e) An administering agency shall submit to the office, 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 ~his chapter and shall identify existing safety hazards that could cause or contribute to a release and, where appropriate, enforce an7 applicable laws and suggest preventative measure 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 1550§. (f) The regulations adopted by the office pursuant to subdivision (a) shall include an optional model reporting form for business and area plans. (Amended by Stats. 1988, Ch. 1585.) 25503.1. The office 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 1!001 of Title 42 of the United State 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. (Added by Stats. 1988, Ch. 1585,) 25503.5. (a) Any business, except as provided in subdivision (b), which handles a hazardous material or a mixture containing a hazardous material which has a quantity at any one time during the reporting year equal to, or 8rearer than, a total weisht of 500 pounds, or a total volume of 55 ~allons. or 200 cubic feet at standard temperature and pressure for compressed gas, 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 in the regulations adopted pursuant to Section 25503. (b) (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 (k) 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 office within five days of the effective date of any exemption granted pursuant to this paragraph. -317- (3) The .admin~sterinS asency, upon application by a handler, may, exempt a handler under ~he conditions it deems proper from any portion of ~he business plan upon a written findin$ that ~he exemption would not pose a significant present or potential hazard to human health or safety or to ~he environment or affect the ability of the adminis=erinS asenc7 and emergency rescue personnel to effectively respond to the release of a hazardous material, and ~hat there are unusual circumstances justifying ~his exemption. The administerinS asency shall specify in writing the basis for any exemption under ~his parasraph. (4) The administering agenc7 upon application by a handler ma7 exempt a hazardous material from the inventor7 provisions of this chapter upon proof ~hat the material does not pose a significant present or potential hazard to human health and safe=7 or to ~he environment if released into ~he workplace or environment. The administer/ng agency shall specify in writ/nS the basis for any exemption under this paragraph. (5) An administering agency shall exempt a business operating a farm for purposes of cultivatinS the soil or raisins or harvesting any asricul~ural or horticultural commodity from filing the information in the business plan required b7 subdivision (b) and (c) of Section 25504 if all of the following requirements are met: (A) The handler annuall7 provides the inventor7 of information required b7 Section 25509 to the county asriculturaI commissioner before January 1 of each year. (B) Each buildinS in which hazardous materials subject to this chapter are stored is posted with sisns, in accordance with regulations which the office shall adopt, which provide notice of ~he storage of any of the following: (i) Pesticides. (ii) Petroleum fuels and oil. (iii) Types of fertilizers. (C) Each county agricultural commissioner forwards the inventor7 to the administering agency within 30 days after receiving the inventory. (c) The administering agent7 shall provide all information obtained from completed inventor7 forms, upon =equest, to emersenc7 rescue personnel on a 24-hour basis. (d) The administerinS asenc7 shall adopt procedures to provide for public input when approving any applications submitted pursuant to 'parasraph (3) or (4).Of subdivision (b). (Amended by Stats. 1986, Ch. 483.) 25503.6. Any business which is required to establish and implement a~ business pian pursuant to Section 25503.5 and is located on leased or rented real property shalI notify, in writinS, the owner of r. he property r~hau the business is subject =o 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 asent within five workinS days after receivinS a request for. a , copy from ~he owner or the owner's asent. (Added by Stats. 1988, Ch. 12.) -318- 2§§05.7. (a) ~hen an7 railroad car containing an7 hazardous material or hazardous substance remains within the same railroad facility or business facility for more than 30 days, or a business knows or has reason to know that any railroad car containing any hazardous material or hazardous substance will remain at the same railroad facility Or business facility for more than 30 days, the hazardous material or hazardous substance is deemed stored at that location and for purposes of this chapter and subject to the requirements of this chapter. (b) Notwithstanding Sec=ion 25510, a business handling hazardous materials or hazardous substances which are stored in a manner subject to subdivision (a) shall immediately notify the administering agency whenever a hazardous material or hazardous substance is stored in a railroad car. (Amended by Stats. 1988, Ch. 1632.) 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, 1988, or as it may be subsequently amended, shall establish and implement a business plan in accordance with Section 25'503.5 and Section 255Q5. (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), unl~ss the administering agency requests the business to establish and implement the business plan at an earlier date. (Added by Stats. 1988, Ch. 1585.) 2§50t. 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 notifica:ion to the administering agency and to appropriate local emergency rescue perso.nnel and the office. ,' (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 proc.edures, 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 ma~ take into consideration the position of each employee. -319- kd) An7 business required to file a pipeline operations contin6enc7 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 administerin~ agency instead of filin8 an emerEency response plan specified in subdivision (b). (e) Any business operating a farm exempted by paragraph (5) of subdivision (b) of Section 25503.5 from filin~ the information specified in subdivisions (b) and (c), shall, notwithstandinE this exemption, provide the training pro,rams specified in subdivision (c). (Amended by Stats. 1986, Ch. 463.) 25505. (a) Not later than six months after the office adopts regulation standards for business plans, each handler shall submit its business plan to the administering aEency and certify that it meets the requirements of this chapter. 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 these defects. The handler shall submit a corrected business plan within 30 days of the notice. If a handler fails after reasonable notice to submit a business plan in compliance with this chapter, the administering aEency shall ~mmediately take appropriate action to enforce this chapter, including the imposition of civil and criminal penalties specified in this chapter. (b) In addition to the requirements of Section 25510, whenever .a substantial change in the handler's operations occurs which requires a modification of its business plan. the handler shall submit a copy of the plan revisions to the administerin~ agency within 30 days of the operational change. (c) The handler shall, in any case, review the business plan, submitted pursuant to subdivisions (a) and (b), on or before Januar~ 1, 1988, and at least once ever7 two years thereafter, to determine if a revision is needed and shall certify to the administering agency that the review was made and that any necessar~ chan~es were made to the plan. A copy of these chan~es shall be submitted to the administering agency as part of this certification. (d) Unless exempted from the business plan requirements under this cha~ter, an~ business which handles a hazardous material shall annually submit a completed inventor7 form to the adminis=erin~ agency of the county or city in which the .business is located.. Notwithstanding any other provision of law, an inventor~ form shall be filed on or before Januar7 1, 1988. for the 1988 calendar year, and .annually thereafter. This inventor~ shall be filed annually, notwithstandin~ the review requirements of subdivision (c). (Amended by Stats. 1986, Ch. 463.)~' 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. (Added by Stats. 1986, Ch. 463.) -320- ' 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 inventor~' reporting requirements substantially similar to this chapter, as amended by the act enacting this section, is exempt from having to .implement any regulations adopted b7 the office 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 existin~ .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 office 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 count7. Applications for exemption shall be filed with the office not later than 120 days from the effective date of ~he act enacting this section and the office shall certify or reject the applications within 60 days after receipt. The city or county may file an appeal of the decision of the office with the Director of the Office of Emergency Services, under procedures established by the office. (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. (Added by Stats. 1986, Ch. 463.) 25505.3. (a) Any administering agency which, pursuant to a local ordinance, is collecting substantially the same information required by Sections 25504 and 25509, on or before the business plan submission date specified in subdivision (a) of Section 25505, may collect only the additional information necessary to bring the business plans and inventory forms into compliance with this chapter, for the purposes of the business plans and inventory forms required to be submitted in 1987. (b) This section shall remain in effect only until January 1, 1988, and as of that date is repealed. (Added by Stats. 1986, Ch. 463.) 25505.4. (a) Notwithstanding any other provision of this chapter, any administerin~ agency which, on May 31, 1986, had in effect a local ordinance containing business inventor~ reporting requirements substantially similar to this chapter may extend the date for submission of a business plan by a handler pursuant to this chapter to a date not later than Januar~ 1, 1988. (b) Any administering agency which extends'the date for submission of a business plan shall submit to the office a schedule for the submission of the business plan and a copy of the local ordinance. -321- (c) This section shall remain in effect only until January 1, 1988, and as of that date is repealed, unless a later enacted statute, which is enacted before Januar~ 1, 1988, deletes or extends that date. (Added by Stats. 1986. Ch. 1260.) 25505.5. Notwithstanding any other provision of law, no public entity shall be held liable for any inJur~ or damages resulting from 'an inadequate or negligent review of a business plan conducted pursuant to Section 25505. (Added by Stats. 1988, Ch. 1585.) 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 invento.r~ form required under Section 25509 with the administering agency shall be deemed to have filed the inventor7 form required by subsection (a) of Section 1102 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 4l of che 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 4l 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. (Amended by Stats. 1988, Ch. 1585.) 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 office, 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 2~53 and 23112.5 of che Vehicle Code. (Amended by Stats. 1988. Ch. 1585.) -322- 25507.1. (a) Any business required to submit a followup emergency notice pursuant ko subdivision (c) of Section 11004 of Title 42 of =he United States Code, as that sec=ion reads on January 1, 1989, or as it ma7 be subsequently amended, shall submit the notice on a form approved by the office. (b) The office may adopt guidelines for the use of the forms required by subdivision (a). (Added by Stars. 1988, Ch. 1585.) 25508. 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 =he 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. (Amended by Stats. 1986, Ch. 463.) 25509. (a) The annual inventory form shall Lnclude, but shall not be limited =o, informa:ion 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 =he 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 lis=ed by probable maximum and minimum concentrations, of every hazardous waste handled by the business. (3) A lis=/ng of the chemical name and common names of ever~] o=he.r hazardous material or mixture containing a hazardous material handled by ~he business which is not otherwise listed pursuant to paragraph (1) or (2). (4) The maximum amount of each hazardous material or mixture con- raining 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 phone 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) 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. -323- (c) Except as provided in subdivision (d), the annual inventor7 form required by :his sec:ion shall also include all inventor7 information , required by Sec:ion 11022 of Ti:le 42 of ~he United States Code, as that sec=ion reads on Januaz7 1, 1989, or as it may be subsequently amended. The office may adop: or amend existing regulations specifying the inventory information required by this subdivision. (d) If, pursuant 2o federal law or regulation, as i: currently exists or as it may be amended, there is a determination that the inventor7 information required by subdivisions (a) and (b) is subs:antially 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.), :he requirements of subdivision (c) shall no: apply. (Amended by Stats. t988, Ch. 1585.) 25509.1. Notwithstandin8 subdivision (a) of Section 25509, an administerins aEency may collect any. or all of the information required :o be repot:ed in an inven:ory form from another public asency, under all of ~he followin~ conditions: (a) The information collected is :he same information required under subdivision (a) of Section 25509. (b) The administering a~ency 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. (Added by Stats. 1986, Ch. 463.) 25509.3. The annual inventory required by Section 25509 shall also include 'the total estimated amounts of each hazardous wasUe handled by %he business throushout the course of the year. (Added by. Stats. 1986, Ch. 1260.) 25510. ~ithin 30 days of any one of the followin$ events, any business subject to Sec:ion 25505 shall submi: an amendment to :he inventory form detailins :he handlins, and :he following appropriate information: (1) A 100 percent or more increase in the quanti:y of a previously disclosed material. (2) Any handlin~ of a previously undisclosed hazardous material subject to the inventory requirements of this chapter. (3) Chan~e of business address. (4) Change of business ownership. (5) Chanse of business name. (Amended by Stats. 1986, Ch. 463.) 25511. (a) If a business believes :hat :he inventory required by :his chap:er involves the release of a trade secret, the business shall nevertheless make the disclosure to the administerin~ a8ency, and shall notify the administerins asency in writin~ of that belief on :he inventory form. As used in this chapter "trade secret" has the meaninss $iven to it b7 Section 625~.7 of the Government Code and Section 1060 of :he Evidence Code. -324- (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 necessar~ 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 necessaz7 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 w~o, 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 .count~ or cit~ 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 an~ manner to any person not entitled to receive it, is guilt~ of a misdemeanor. Any contractor with the count~ or city and an~ 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. (Added by Stats. 1985, Ch. 1167.) 25512. (a) The submission of any informs=ion 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 ~his chap=er shall not be deemed to be compliance with ~he duty of care required of any business for purposes of any judicial or administrative proceeding conducted pursuant to any other provision of law. (Amended by Stats. 1986, Ch. 463.) 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 chapter which is within its jurisdiction. The governing body may provide for f. he waiver of fees when a business as defined in Section 25501.& submits a business plan. The fee shall be set in an amount sufficient to pay only those costs incurred by the county or city in carrying out this chapter. In determining the fee schedule, the administering agency shall 'consider the volume and degree of hazard po=eh=iai of the hazardous materials handled by the businesses subject to this chapter. (Amended by Stats. 1988, Ch. 1585.) 25513.1. (a) On or before January 1, 1987, the board of supervisors of a coun=y 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 sec=ion. (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 Honey Investment Account on the date when the loan is made. (e) There is hereby appropriated from the General Fund to =he Controller, =he funds necessary to make ~he loans pursuant to ~his section. (f) If a county does not repay the loan and interest ~hereon within ~/~e time required by subdivision (d), the Controller shall withhold the amount which is unpaid from any state payments which are due to the county. (Added by Stats. 1.986, Ch. 463.) .-326- (c) In all civil and criminal actions in which a penalty is imposed. the amount of two hundred dollars ($200) shall be deducted from the amount of the civil or criminal penalty before the amount is apportioned pursuant to subdivision (a) or (b). This two hundred dollars ($100) shall be deposited in the Hazardous Material and Waste Enforcement Training Fund, which is hereby established in the General Fund. (d) The moneys in the Hazardous Material and Waste Enforcement Training Fund shall be available for expenditure, upon appropriation by the Legislature, to the Office of Criminal Justice Planning, to support training in the investigation and prosecution of violations of laws and regulations concerning hazardous materials and wastes by local, county, and state hazardous material and waste enforcement officers, including, '~.~... but not limited to, firefi~hters, police officers, local health officers, city attorney and district attorney criminal investigators, city attorneys, and district attorneys. (e) If a reward is paid to a person pursuant to Section 25517, the amount of the reward shall be deducted from the amount of the criminal or civil penalty before the amount is apportioned pursuant to subdivision (a), (b), and (c). (Added by Stats. 1986, Ch. 463.) 25516. ~hen the administering agency determines that a business has " engaged in, is engaged in, or is about to engage in any acts or practices which constitute or will constitute a violation of this chapter or any regulation or order promulgated thereunder, and when requested by the administering agency, the city attorney of the city or the district attorney of the county in which those acts or practices have occurred, are occurring, or will occur shall make application =o %he superior court for an order enjoining the acts or practices or for an order directing compliance, and, upon a showing that the person or business has engaged in, is engaged in, or is about to engage in the acts or practices, a permanent or temporary injunction, restraining order, or other appropriate order may be granted. This section does not prohibit a city attorney or district attorney from seeking the same relief upon the city attorney's or district attorney's own motion. (Added by Stats. 1985, Ch. 1167.) 25516.1. Every civil action brought under this chapter shall be brought by the city attorney, district attorney, or Attorney General in the name of the people of the' Sta:e of California, and any actions rela='ing to the same violation may be joined or consolidated. (Added by Stats. 1986, Ch. 463.) 25516.2. (a) In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanen% injunction is sought, it is not necessary to allege or prove at any stage of the proceeding any of the following: (1) Irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued. (2). The remedy at law is inadequate. -328- (b) The court shall issue a tempora=7 restraining order..preliminary injunction, or permanent injunction in a civil action brough: pursuant to this chapter without the-allegations and without the proof specified in subdivision (a). (Added by S:a:s. 1986, Ch. 465.) 25517. (a) Any person who provides information which materially contributes to =he imposition of a civil penal=y, whether by set=lement or CObra order, under Section 25514, as determined by =he city attorney, district a=torney, or =he At=orney General filing =he action, shall be paid a reward by =he administering agency or the sta:e equal to 10 percent of the amoun: of the civil pe=alty collected. The reward shall be paid from the amoun= of =he civil, penal=y collected. No reward paid pursuant "~'"~-'- =o this subdivision shall exceed five =housand dollars ($5,000). (b) Any person who provides information which materially con=ributes =o =he conviction of a person or business under Section 25515, as determined by the city a=torney, dis:rio: attorney, or the At:orney General filing the action, shall be paid a reward by the administering agency or the state equal =o 10 percen= of the amount of the fine collected.~ The reward shall be paid from the amount of the civil penalty collected. No reward paid pursuan= to =his subdivision shall exceed five thousand dollars ($$,000). .. (c) No informant shall be eligible for a reward for a violation known :o =he administering agency, unless :he information materially contributes to the imposition of criminal or civil penal=les for a violation specified in this section. (d) If =here is more =han one informan= for a single violation, =he person mak/ng :he firs= no=ifica=ion received by :he office which brough= the action shall be eligible for the reward, except :ha=, if the notifications are postmarked on =he same day or =elephoned no:ifica=ions are received 'on =he same day, =he reward shall be divided equally among those informan=s. (e) Public officers and employees of the United S:a:es. the Stare of California, or counties and cities in this state are not eligible for the reward pursuant =o subdivision (a) or (b), unless =he providing of :he informs:ion does not relate in any manner to =heir responsibilities as public officers or employees. (f) An informant who is an employee of a business and who provides information that the business has violated this chapter is not eligible for a reward if the employee intentionally or negligently caused :he viola:ion or if =he employee's primar7 and regular responsibilities included' investiga=ing the violation, unless =he business knowingly caused the violation. (g) The adminis=ering agency or =he stare shall pay rewards under this section pursuant to the following procedures= (1) An application shall be si~ned by the informant and presented to the administering agency or the state within 60 days after a final judgment has been en=ered or the period for an appeal of a ]udgmen= has expired. -329- ~2) The.determ£nat£on by the district attorney or city attorney or Attorney General as to whether ~he information provided by ~he applic~ ~=erially con~ribu~ed ~o ~he imposi=ion of a jud~men= ~der Sec=ion 25514 or 25515 shall be f~al. (3) ~e a~is=er~ a~enc~ or =he s=a=e shall no=if~ =he applican= ~ wri=~ of i=s decision =o sran= or deny a reward wi=h~ a reasonable ~e period follow~ =he fil~ of ~ applica=ion. (4) Approved reward cla~s shall be paid by =he a~is=er~8 a~enc7 or ~e s=a=e wi=h~ 30 days of ~he collec=ion and deposi~ of ~he penal=les specified in subdivision (a) ~d (b). (h) The names of reward applican=s or ~fo~an=s shall no= be disclosed by =he a~is=er~ a~ency or =he s=a=e ~iess ~e n~es are o=he~ise publicly disclosed as par= of a judicial proceed~. (i) No~wi=hs~andin~ ~y o=her provision of =his sec=ion, rewards paid by =he s=a=e shall only be paid af=er appropria=ion by Le~isla=ure. (~ended by S~a~s. 1986, Ch. 463.) 25517.5. (a) The office may develop ma=erials, such as suidel~es ~d ~fo~a~ional pamphle=s, =o assis= bus~esses =o fulfill =heir oblisa=ions ~der ~his chap=er. (b) The office may adop= emergency re~ula=ions for =he pu~ose of ~plemen~ Sections 25503 ~d 25509. These emergent7 ferule=ions shall ' be adopted b7 =he office ~ accordance wi=h Chapter 3.5 (co~encin~ wi=h Section 11340) of Par~ 1 of Division 3 of Ti=le 2 of ~he Gove~en= Code, ~d for pu~oses of ~ha~ chap=er, =he adop=ion, of ~hese ferule=ions is an emergent7 and shall be considered b7 =he Office of A~is=ra=ive Law as necessa~ for =he ~edia~e prese~a~ion of =he public peace, heal~h~ and safe~7, o= 8eneral welfa=e. (Added b7 S=a~s. 198~, Ch. 463.) 25518. ~is chap=er shall be cons=~ed liberally so as =o accomplish ~e ~=en= of =he Le~isla=ure ~ pro=ec=~ ~he public health ~d safe~y ~d ~he enviro~en~. (Added b7 S~a~s. 1985, Ch. 1167.) 25519. If an7 provision of ~his chapter or =he application =hereof =o an7 person or circus=antes is held ~valid, =ha~ ~validi=7 shall no=' affec= o=her provisions or applica=ions of =he chap=er which can be ~iven effec= wi=hob= =he ~valid provision or applica=ion, ~d =o =ha= end =he provisions of =his chap=er are severable. (Added b7 S=a=s. 1985, Ch. 1167.) 25520. ~e office, no= la=er ~han J~ua~ 10, 1986, shall adop~ emergent7 resula~ions for =he i~edia=e repot= of release or ~rea=ened release of a ~zardous ma~erial as required b7 Sec=ion 25507 re~ula=ions are adopted pursuan= =o Sec=ion 25503. ~esula=ions adop=ed pursu~ =o =his section are no= subJec= ~o' review b7 =he Office of A~is~ra=ive Law. (Added by S~a=s. 1985, Ch. 11~7.) 25521. (Repealed b7 S=a=s. 1986, Ch. 1.) -330- - Article 2. Hazardous Haterials Manasemen= '(Article 2 added by Stats. 1986, Ch. 1260) 25531. The Lesislature finds and declares that a significant number of chemical manufacturing and processing facilities generate, store, treat, handle, refine, process, and transport hazardous materials. The Legislature further finds and declares that, because of the nature and volume of chemicals handled at these facilities, some of those operations may represent a threat to public health and safety if chemicals are accidentally released. The Legislature recognizes =hat the potential for explosions, fires, or releases of toxic chemicals into the environment exists. The protection of the public from uncontrolled releases or explosions of hazardous materials is of statewide concern. There is an increasing capacity to both minimize and respond releases of toxic air contaminants and hazardous, materials once they occur, and to formulate efficient plans to evacuate citizens if these discharges or releases cannot be contained. However, programs designed prevent these accidents are the most effective way to protect the community health and safety and the environment. These programs should anticipate the circumstances that could result in =heir occurrence and require the taking of necessary precautionary and preemptive actions, consistent with the nature of the hazardous materials handled by the facility and the surrounding environment. (Added by Stats. 1986, Ch. 1260.) 25532. Unless the context indicates otherwise, the following definitions govern the construction of this article= (a) 'Acutely 'hazardous material' means any chemical designated an extremely hazardous substance which is listed in Appendix A of Part 355 of Subchapter J of Chapter I of Title 40 of the Code of Federal Kegulations. (b) 'Acutely hazardous materials accident risk' means a potential for the release of an acutely hazardous material into the environment which could produce a significant likelihood that persons exposed may suffer acute health effects resulting in si~nificant injury or death. (c) 'Administering agency' means the department, office, or other agency of a county or city which is designated pursuant to Section 25502 to implement this chapter. (d) 'Handler' means any business which handles an acutely hazardous material, except where all of the acutely hazardous materials present at the business are handled in accordance with a removal or remedial action taken pursuant to the Carpenter-Presley-T~ner Hazardous Substance Account Act (Chapter 6.8 (commencing with Section 25300)). (e) 'Hodified facility' means an addition or change to a facility or business which results in either a substantial increase in the amount of acutely hazardous materials handled by the facility or business, or a sisnificantly increased risk in handling an acutely hazardous material, as determined by the administering agency. 'Modified facility' does not include an increase in production up to the facility's existing operating capacity or an increase in production levels up to the production levels authorized in a permit granted pursuant to Sec=ion 42300. -331- (f) 'Qualified person' means a person vho is qualified co attest, at a minimum, to the validity of the hazard and operability studies performed pursuant to Section 25534, and the relationship between the corrective steps taken by the handler following the hazard and operability studies and those hazards which were identified in the studies. (g) 'Risk management and prevention program' or 'P. HPP' means all of t. he administrative and operational programs which are designed to prevent acutely hazardous materials accident risks, including, but not limited to, programs which include design safety of new and existing equipment, standard operating procedures, preventive maintenance programs, operator training and accident investigation procedures, risk assessment for unit operations,' or operating alternatives, emergency response planning, and internal or external audit procedures to ensure that these programs are being executed as planned. (Amended b7 Stats. 1987, Ch. 1415.) 25533. (a) On or before September 1, 1987, the Office of Emergent7 Services shall develop an acutely hazardous materials registration form to be completed by the owner or operator of each business in the state which, at any time, handles any acutely hazardous material. Except as provided in Section 25536, on or before Januar7 1, 1988, any business which handles acutely hazardous materials in the amounts specified in subdivision (a) of Section 25536 shall file the registration form with the administering agency. The Office of Emergency Services may adopt appropriate regulations to implement the requirements of this section. (b) The acutely hazardous materials registration form shall include, but is not limited to, all of the followin$ information: (1) The information included in the business plan prepared pursuant to Section 25504. (2) A general description of the processes and principal equipment involved in the handling of the acutely hazardous materials. (c) ~ithin 30 days of any one of the following events, any business subject to this sec=ion shall submit to the administering agency an amendment to the registration form: (1) Any handling of an acutely hazardous material which was not mentioned on the registration form. (2) Any material or substantial alterations or additions to the business or activity which require changes in the risk management program that are different from, or absent in, the present program. (3) Change of business address. (4) Change of business ownership. Change of business name. (d) Any business which submits a certified risk management and prevention program pursuant to Section 25534 shall implement the approved risk management and prevention program. (Amended by Stats. 1987, Ch. 1415.) -332- 25534. (a) After receiving an acutely hazardous material registration form filed pursuant to Section 25533, the administering agency may require the submission of an P. HPP if the administering agency determines that the handler's operation may present an acutely hazardous materials accident risk. The handler shall prepare the P~PP in accordance with subdivision (c). (b) In addition to any requirements imposed pursuant to subdivision (a), an owner or operator of a new or modified facility which will be used for the handling of acutely hazardous materials and which will commence operations on or after January 1, 1988, in the case of a new facility or commence the operations which will be modified on or after January 1, 1988, in the case of an existing facility, shall prepare a risk management and prevention program. (c) The P~PP shall include all of the following elements: (1) A description of each accident involving acutely hazardous materials which has occurred at the business or facility within three years from the date of the request made pursuant to subdivision (a), together with a description of the underlying causes of the accident and the measures taken, if any, to avoid a recurrence of a similar accident. (2) A report specifying the nature, age, and condition of the equipment used to handle acutely hazardous materials at the business or facility and any schedules for testing and maintenance. (3) Design, operating, and maintenance controls which minimize the risk of an accident involving acutely hazardous materials. (4) Detection, monitoring, or automatic control systems to minimize potential acutely hazardous materials accident risks. (5) A schedule for implementing additional steps to be taken bY the business, in response to the findings of the assessment performed pursuant to subdivision (d), to reduce the risk of an accident involving acutely hazardous materials. These actions may include any of the following: (A) Installation of alarm, detection, monitoring, or automatic control devices. (B) Equipment modifications, repairs, or additions. (C) Changes in the operations, procedures, maintenance schedules, or facility design. (6) Auditing and inspection programs designed to allow the handler to confirm that the risk management and prevention program is effectively 'carried out. (7) Recordkeeping procedures for the risk management and prevention program. (d) The PJ~PP shall be based upon an assessment of the processes, operations, and procedures of the business, and shall consider all of the following: (1) The results of a hazard and operability study which identifies the hazards associated with the handling of an acutely hazardous material due to operating error, equipment failure, and external events, which may present an acutely hazardous materials accident risk. (2) For the hazards identified in the hazard and operability studies, an offsite consequence analysis which, for the most likely hazards, assumes pessimistic 'air dispersion and other adverse environmental conditions. -333- (e) The business shall submit to the administering agency any additional supporting technical information deemed necessary by the administering agency to clarify information submitted pursuant to subdivision (c). (f) A handler -shall maintain all records 'concerninS a risk manasement and prevention program for a period of at least five years. (8) The risk mana8ement and prevention program shall identify, by title, all personnel at the business who are responsible for carrying out r. he specific elements of the R~PP, and their respective responsibilities, and the PJ~PP shall include a detailed training program to ensure that ~hose persons are able to implement the P~PP. (h) The handler shall review the risk manasement and prevention --~ program, and shall make necessary revisions to the P/~PP at least every three years, but, in any event, within' 60 days followin~ a modification which would materially affect the handling of an acutely hazardous material. (i) Any person who handles acutely hazardous materials and who owns or operates two or more business facilities which are substan=ially identical may prepare a single seneric risk management and prevention prosram applicable to all those facilities if the handling of the acutely hazardous materials is substantially similar at all of those facilities. (j) The risk management and prevention program, and any. revisions required by subdivision (h). shall be certified as complete by a qualified person and the facility operator. (k) Except as specified in subdivision (d) of Section 25535, the handler shall implement all activities and pro,rams specified in the risk manasement and prevention pro,ram within one year followin~ the certification made pursuant to subdivision (j). Implementation of the risk management and prevention prosram shall include carryin~ out all operating, maintenance, monitoring, inventory control, equipment - inspection, auditing, recordkeeping, and trainin~ pro,rams as required by the P~PP. The administering a~ency may grant an extension of this deadline upon a showing of good cause. (1) The Office of Emergency Services shall adopt, and publish for distribution, ~uidelines for the preparation and submission of. risk manasement and prevention pro,rams. In preparin~ the guidelines for hazard and operability studies, the office shall, at a minimum, base its procedural recommendations on those set forth in the 1985 Guidelines for Chemical ~azard Evaluation Procedures, prepared by the Center for Chemical Process Safety of the American Institute of Chemical Engineers. (Amended by Stats. 1987, Ch. 1415.) 25534.1. Every ~PP prepared pursuant to Section 25534 shall ~ive consideration to the proximity of the facility to schools, general acute care hospitals, and lon~-term health care facilities. For purposes of ~his section. 'general acute care hospital' has the meanin~ provided by subdivision (a) of Sec=ion 1250 and 'long-term health care facility' has r. he meanin~ provided by subdivision (a) of Section 1418. (Added by Stars. 1988, Ch. 1589.) -334- 25534.5. In reviewing an P~PP pursuant to subdivision (a) of Section 25535, the administering agency may have access to and review all technical information in the handler's possession which is reasonably necessar~ =o allow =he administering agency to make a determination regarding =he sufficiency of =he P~PP. That information may include any study or analysis conducted pursuant =o subdivision (d) of Sec=ion 25534. Information conducted pursuant =o subdivision (d)'of Sec=ion 2§§34 shall not be disclosed by the administerinS asency except as provided in Section 25511. (Added by Stats. 1988, Ch. 1589.) 25535. (a) An owner or operator of a facility submi=tlnS an R/~PP pursuant to Section 25534 shall submit =he P~PP to =he administerinS asency after the P~HPP is certified as complete by a qualified person and ~_he facility opera=or. The administerinS asency may authorize the air pollution control district or air quality manasement district in which the facility is located =o conduct a technical review of =he P/~PP. If, after review by the adminis=erinS agency or air poilu=ion control district or air quality management district exercising jurisdiction in =he area of =he facility, the administerins agency determines =ha= =he handler's R/~PP is. deficient in any way, the administering asency shall notify =he handler of ~hese defects. The handler shall submit a corrected P/~PP within 60 days of =he notice. (b) Upon implementation of a risk management and prevention prosram pursuant to subdivision (k) of Sec=ion 25534, the handler shall notify =he administerins agency that the P~PP has been implemented and shall s~,mmarize the steps taken in preparation and implementation of the Pd~PP. (c) The handler shall continue =o carr~ out =he prosram and activities specified in the risk management and prevention program at the bUsiness after the administering agency has been notified pursuant =o subdivision (b). (d) The owner or opera=or shall implement all programs and activities in the P~HPP before operations commence, in =he case of a new facility, or before any new activities involving acutely hazardous materials are taken, in ~he case of a modified facility. (Amended by Stats. 1988, Ch. 1589.) 25536. (a) Any business, except as provided in subdivisions (b) and (c), which handles an acutely hazardous material or a mixture containing an acutely hazardous material which has a quantity a= any one time equal =o, or 8rea=er than, a total weight of 500 pounds, or a total volume of 55 gallons, or 200 cubic feet at standard temperature and pressure for compressed Sas, shall submit a registration form pursuant =o Section 25533. (b) The administering agency, upon application by an owner or operator of a business, may exempt any business from any requirement of ~his article, upon a written finding =hat the exemption would not present an acutely hazardous materials accident risk. The administering agency shall specify in writing the basis for any exemption issued pursuant =o this subdivision. o335- (c) Before placing additional requirements upon a business, the administering agency shall determine =hat the existing law or regulatory programs fail to substantially address and mitigate the purposes of this article. (d) If the administering agency finds, and provides notice to, a bus/ness handling an acutely hazardous material in quantities less than ~hose specified in subdivision (a). that the quantity limits specified in subdivision (a) should be decreased for that specific acutely hazardous material because of public health, safety, or environmental concerns, the administering agency may require the business to submit a registration form pursuant to Section 25533. (Added by Stats. 1986, Ch. 1160.) 25537. The administering agency shall inspect every business required to be registered pursuant to Section 25534 at least once every ~hree years to determine whether the business is in compliance with this article. The requirements of this section do not alter or affect the {mmunity provided a' public entity pursuant to Section 818.6 of the Government Code. (Amended by Stats. 1987, Ch. 1415.) 25538. (a) If a business believes that an7 information required to be reported by this article, involves the release of a trade secret, the business shall provide the information to the administering agency and shall notify the administering agency in writing of that belief. As used in this section, "trade secret' has the same meaning as found in subdivision (d) of Section 6254.7 of the Government Code and Section 1060 of the Evidence Code. (b) Except as otherwise specified in this section, the administering agency shall not disclose any trade secret which is so designated by the owner or operator of a business. (c) The administering agency may disclose trade secrets received by the administering agency pursuant to this article to authorized officers or employees of other governmental agencies only in connection with the official duties of that officer or employee pursuant to any law for the protection of health and safety. (d) Any officer or employee or former officer or employee of the administering agency or any other government agency who, because of that employment or official position, has possession of, or ~as access to, information designated as a trade secret pursuant to this section, shall not knowingly and willfully disclose the information in any manner to any person not au:horized to receive the information pursuant to this section. Notwithstanding Section 25515, any person who violates this subdivision, and who knows that disclosure of this information to the geLeral public is prohibited by the section, shall, upon conviction, be punished by imprisonment in ~he county jail for not more than six months or by a fine of not more than one thousand dollars ($1,000), or by both fine and imprisonment. (e) Any information prohibited from disclosure pursuant federal statute or regulation shall not be disclosed. -336- (f) ' This section does not authorize any business to' refuse to disclose to ~he administerin~ a~enc~ an~ information required pursuant to this chapter. (Added by Stats. 1986, Ch. 1160.) 25559. The administerin~ a~enc7, in implementing this article, shall, upon request, involve and cooperate with. an~ local and state ~overnment officials, emer~enc~ plannin~ committees, and professional as s ociations. (Amended b~ Stats. 1987. Ch. 1415.) 255&0. (a) An~ business that viola=es this article shall be civill~ liable to ~he adminis=erin~ a~enc7 in an amount of not more than tvo ~housand dollars ($2,000) for each da~ in which the violation occurs. If the violation results in, or siTnificant!~ contributes to, an emerge=cT, includin~ a fire, the business shall also be assessed the full cost of the count7 or tit7 emergent7 response, as well as the cos= of cleaninG up and disposinG of the hazardous materials. (b) An~ business that knowin~17 violates this article after reasonable notice of the violation shall be ci~ill7 liable to =he administerin~ a~enc7 in an amount not to exceed =wen=7-five thousand dollars ($25,000) for each da~ in which the violation occurs and upon conviction, ma~ be punished b~ imprisonment in the count7 jail for no= more than one 7ear. (Added b~ Stats. 1988, Ch. 1589.) 25541. An7 person or business who knowin~l~ makes an7 false stanemen= or represen=acion in an~ record, reporn, or onher docuuuenn filed, main=mined, or used for the purpose of compliance with this article, or destroTs, alters, or conceals an7 such record, report, or o~her document filed, maintained, or used for the purpose of compliance with this article, shall, upon conviction, be punishe~ b7 a fine of not more than =wen=T- five thousand dollars ($25,000) for each da7 of violation, or b7 imprisonmen: in :he coon=7 ]aiI for not more ~han one year, or b~ both the fine and the imprisonment. If the conviction is for a violation committed after a first conviction under this section, r_he person shall be punished b7 a fine of not less than tvo thousand dollars ($Z,O00) or more :ha= fif:I =housand dollars ($50,000) per da7 of. violation, or b7 imprisonment in ~he s=a=e prison for 16, 20, or 2~ months or in the coun=7 jail for not more than one 7ear, or both the fine and imprisonment. Furthermore, if =he violation results in. or si~nifiCan=i7 contribu=es to. an emerGe=cT, includinG a fire, to which the count7 or cit~ is required to respond, the person shall also be assessed the full cos= of =he count7 or tit7 emerge=c7 response, as well as the cost of cleaninG up and disposing of the acu=el7 hazardous materials. (Added b~ Stats. 1986, Ch. 1260.) -$~7- Article 3. Emergency Plannin~ and Community Right to Know Act of 1986 Implementation (Ar=icle 3 Added b7 Stats. 1988, Ch. 558) 25545. The Office of Emergency Services shall develop informational ~uidelines for facilities required =o comply with Chap:er 115 (commencin~ with Section 11001) of Title 4l of the United States Code and with r. his chapter, and shall assist the administerin~ a~encies in assurin~ full distribution of these 8uidelines to those facili:ies. (Added by Stats. 1988, Ch. 558.)