ORDINANCE 1285• ORDINANCE NO. 1285
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA, AMENDING
TITLE 2, CHAPTER 6.21 OF THE EL SEGUNDO
MUNICIPAL CODE BY ADDING SECTIONS 6.21.040,
6.21.050, 6.21.060, 6.21.070, 6.21.080, AND 6.21.090
TO ESTABLISH A CHEMICAL ACCIDENTAL
RELEASE PREVENTION PROGRAM.
WHEREAS, public awareness of the potential danger from accidental releases of hazardous
chemicals has increased over the years as serious chemical accidents have occurred around the world.
WHEREAS, the Congress of the United States (hereinafter "Congress ") signed into law
provisions for the prevention of chemical accidents through subsection (r) of the Clean Air Act
Amendments of 1990.
WHEREAS, The City of El Segundo (hereinafter "City") along with other municipalities of Los
Angeles County has elected to become a Certified Unified Program Agency (hereinafter "CUPA"), which
requires a CUPA to establish an accidental release prevention program for regulated substances or
extremely hazardous substances handled by stationary sources.
WHEREAS, the legislature of the State of California has passed into law Senate Bill 1889
• (Calderon Stats. 1996 C715), which requires a CUPA to establish an accidental release prevention
program for regulated substances or extremely hazardous substances handled at stationary sources.
WHEREAS, the implementation of an accidental release prevention program will increase
overall safety at refineries and chemical plants that handle hazardous chemicals regulated under the
Clean Air Act Amendments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: The City Council of the City of El Segundo does hereby find, determine and declare that
the above recitals are consistent with State and Federal statute.
SECTION 1: Chapter 6.21 of the El Segundo Municipal Code is hereby amended by adding new
sections 6.21.040, 6.21.050, 6.21.060, 6.21.070, 6.21.080, and 6.21.090 to read as follows:
Section 6.21.040: DEFINITIONS
For the purpose of this Chapter, the following words shall have the meanings ascribed to them
in this Section:
(A) "Accidental Release" shall mean an unanticipated emission of a regulated substance or
other extremely hazardous substance into the ambient air from a stationary source.
(B) "Extremely Hazardous Substance" shall mean any chemical listed in Appendix A of Part
355 of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations.
(C) "Owner or Operator" shall mean any person who owns, leases, operates, controls, or
• supervises a stationary source.
(D) "Regulated Substance" shall mean any substance, unless otherwise indicated, listed in
Title 19, California Code of Regulations, section 2770.5, as amended.
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• (E) "RMP" shall mean the risk management plan required under Part 68 (commencing with
Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal
Regulations and by California Health & Safety Code, Chapter 6.95, Article 2.
(F) "Stationary Source" means any stationary source, as defined in Section 68.3 of Title 40
of the Code of Federal Regulations and Title 19, California Code of Regulations,
Section 2735.3.
(G) "Threshold Quantity" shall mean the quantity specified for a regulated substance pursuant
to Title 19, California Code of Regulations, Section 2770.5 and determined to be present
at a stationary source.
Section 6.21.050: ACCIDENTAL RELEASE PREVENTION PROGRAM
Pursuant to the provisions of the California Health and Safety Code, Chapter 6.11, Division 20,
and Chapter 6.95, commencing with Section 25500, supplemented by Division 2, Title 19 of the
California Code of Regulations, the City of El Segundo assumes administrative and enforcement
responsibility for the implementation of Title 19, Division 2, of the California Code of Regulations
and Chapter 6.95 of the California Health and Safety Code.
Section 6.21.060: PERMIT REQUIRED
A permit from the El Segundo Fire Department is required to perform any or all of the activities
as identified in Chapter 6.11 of Division 20 of the California Health and Safety Code. The
permittee shall operate all activities in accordance with established permit conditions to the
extent such conditions are identified in regulation, ordinance, or policy and as they apply to the
permittee's operation.
• Section 6.21.070: PERMIT FEES
Any person required by this Section to have a permit shall pay the established permit fee as it
relates to the implementation of any and all CUPA elements. The CUPA elements shall
include, but not be limited to those programs identified in Chapter 6.11, Division 20 of the
California Health and Safety Code. The State - mandated surcharges shalt be separate from the
city permit fee. The permittee shall pay the amount as designated in the fee resolution, as may
be amended by the Council from time to time. In addition to the remedies set forth in the
California Health and Safety Code, further remedies, fees or restitution authorized by the El
Segundo Municipal Code, not inconsistent with State law, shall apply to any violation of the
State laws.
Section 6.21.080: REGULATED SUBSTANCE REGISTRATION
Effective March 1, 1998, stationary sources handling extremely hazardous substances or
regulated substances shall complete and submit the California Accidental Release Prevention
Program Registration form [OES 2735.6 (6/97)] to the El Segundo Fire Department. New or
modified stationary sources shall register prior to the date on which a regulated substance is
first present in a process.
Section 6.21.090: RMP SUBMISSION
Effective June 21, 1999, each owner or operator of a stationary source, which handles more
than a threshold quantity of a regulated substance or extremely hazardous substance, shall
submit a single RMP that addresses all elements required in 40 CFR part 68 and Title 19,
• California Code of Regulations, Division 2, Chapter 4.5.
SECTION 3: If any section, subsection, sentence, clause, or portion or phrase of this Ordinance or
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any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity
of the remaining portion of this Ordinance or any part thereof.
SECTION 4: The City Clerk shall certify to the passage and adoption of this Ordinance; shall cause
the same to be entered in the book of original ordinances of said City shall make a notice of the
passage and adoption thereof in the records of the meeting at which the same is passed and adopted;
and shall within fifteen (15) days after the passage and adoption thereof cause the same to be
published or posted in accordance with the law.
PASSED, APPROVED AND ADOPTED this 17 day of February. 1998.
Sandra Jacobs, yor of the City of El Segundo
ATTESTED TO:
,f /Cindy Mortesen, City C10k (SEAL)
APPROVED AS TO FORM:
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Mark D. Hensley, tity Attorney
ti Word
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing ordinance, being ORDINANCE NO. 1285 is a full, true correct original
of ORDINANCE NO. 1285 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, AMENDING TITLE 2, CHAPTER 6.21 OF THE
EL SEGUNDO MUNICIPAL CODE BY ADDING SECTIONS 6.21.040,
6.21.050, 6.21.0609 6.21.070, 6.21.0809 AND 6.21.090 TO ESTABLISH A
CHEMICAL ACCIDENTAL RELEASE PREVENTION PROGRAM.
which was duly passed and adopted by the said City Council, approved and signed by the
Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of
• the said Council held on the 17th of February. 1998, and the same was so passed and
adopted by the following vote:
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AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman
Friedkin , and Councilman Gordon
NOES: None
ABSENT: Councilman Weston
ABSTAINED: None
NOT PARTICIPATING: None
1 do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing ORDINANCE NO. 1286
was posted and /or published in the manner prescribed by law.
INDY MORTESE1
City Clerk of the
City of El Segundo, California
(SEAL)
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