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CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIVERSIDE, CALIFORNIA, AMENDING CHAPTER 9.48 OF THE
RIVERSIDE MUNICIPAL CODE.
The City Council of the City of Riverside does ordain as follows:
Section 1: Section 9.48.020 of the Riverside Muni cipal Code is hereby amended as follows:
“Section 9.48.020 Definitions.
Business means all of the following:
. . .
Emergency response personnel means a public employee, including, but not limited to, a firefighter or emergency rescue personnel, or personnel of a local emergency medical services (EMS) agency, as designated pursuant to HSC Section 1797.200, who is responsible for response, mitigation, or recovery activities in a medical, fire , or hazardous material incident, or natural disaster where public health, public safety, or the environment may be impacted.
. . .
Substantial change means any change in a regulated facility that would inhibit immediate response during an emergency by either s ite personnel or emergency response personnel, or that could inhibit the handler's ability to comply with HSC Section 25507, change the operational knowledge of the facility, or impede implementation of the Business Plan. . . .
Unified Program Agency or UPA means the CUPA, or the City of Riverside Fire Department which has been designated by the CUPA, pursuant to a written agreement, to implement or enforce a particular unified program element specified in HSC Section 25404(c). The UPA has the responsibility and authority to implement and enforce the requirements listed in 25404(c), and th e regulations adopted to implement the requirements listed in 25404(c), to the extent provided by HSC Chapter 6.5 (commencing with Section 25100) , Chapter 6.67 (commencing w ith Section 25270), Chapter 6.7 (commencing with Section 25280), Chapter 6.95 (commencing with Section 25500), and Sections 25404.1 and 25404.2. After a CUPA has been certified by the secretary, the unified program agencies
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
and the state agencies carrying out responsibilities under this chap ter shall be the only agencies authorized to enforce the require ments listed in subdivision 25404(c) within the jurisdiction of the CUPA.
. . .”
Section 2: Section 9.48.030 of the Riverside Muni cipal Code is hereby amended as follows:
“Section 9.48.030 Hazardous materials release response plans and inventories. (Business Plans.) A. Any business or facility in the city that handles a hazardous material or waste, except as provided in subsection H, which handles hazardous materials or mixtures containing hazardous materials, equal to, or greater than, a total volume of 55 gallons for mate rials that are liquids, 500 pounds for solids , or a total volume of 2 00 cubic feet for compress ed gas, as defined in subdivision (i) of HSC, Secti on 25501 shall be regulated under this program. Th e physical state and quantity present of mixtures shall be determined by the physical state of the mixture as a whole, not individual components , at standard temperature and pre ssure. Any amount of an extremely hazardous substance (EHS), as defined in Section 355.61 of Title 40 of the Code of Federal Regulations, includ ing but not limited to explos ives, organic pero xides, pyrophoric, unstable and water reactive, or radioa ctive materials must submit an annual Business Plan el ectronically using the California Environmental Reporting System (C ERS). The form and content of the disclosure shall conform to the requirements of Section s 9.48.040 and 9.48.060 of this chapter. For the purpose of this section, for compressed gases, if a hazardous ma terial or mixture is determined to exceed threshold quantities at standard temperature and pressure, it shall be reported in the physical state at which it is stored. If the material is an EHS, as defined in Section 355.61 of Title 40 of the Code of Federal Regulati ons, all amounts shall be report ed in pounds. . . .
G. If the business handles perchlorate material , as defined in subdivision (c) of Section 25210.5, in a quantity at any one time during the reporting year that is equal to, or greater than, the thresholds listed in paragraph (A) of this section shall be regulated under this program. . . .”
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
Section 3: Section 9.48.040(C)(4) of the Riverside Municipal Code is hereby amended as follows:
“Section 9.48.040 Content of the Business Plan.
C. Emergency response plans and procedures in the event of a release or threatened release of a hazardous material, including, but not limited to, al l of the following:
4. Training for all new em ployees and annual trai ning, including refresher courses, for all employees in safety procedures in the event of a release or threatened release of a hazardous material, incl uding, but not limite d to, familiarity wi th the plans and procedures specified in subsections (C)(1)—(3) of this section. These training programs may take into consider ation the position of each employee.” Section 4: Section 9.48.070 of the Riverside Muni cipal Code is hereby amended as follows:
“Section 9.48.070 Exemptions.
A. Refrigerant gases, other than ammonia or flammable gas in a closed cooling system that are used for comfort or sp ace cooling for computer rooms. . . .
L. Notwithstanding H&S HSC Sections 25505 a nd 25507, a one-time business plan, except for the emerge ncy response plan and training elements specified in paragraphs (3) and (4) of subdivision (a) of Secti on 25505, is submitted to the statewide informat ion management system.
This one-time busi ness plan submittal is subject to a verifi cation inspection by the unified program agency and the unified program agency may assess a fee not to exceed the actual costs of processing and for inspection, if an inspection is conducted.
M. The Fire Department has adopted procedures in RMC, Section 16.32. 17246 of this Code (Board of Appeals) to provid e for public input wh en approving any ap plications submitted pursuant to subsections H and I of this section.
. . .”
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
Section 5: Section 9.48.120(A) of the Riverside M unicipal Code is hereby amended as follows:
“Section 9.48.120 Responsibility for unauthorized release.
A. As soon as any person in charge of a facility, of transportation to or from a facility, or responsible for emerge ncy response at a facilit y, has knowledge of any unauthorized release or threatened release of a hazardous material, such pe rson shall take a ll necessary steps to ensure the discovery, containment and cleanu p of such release and shall notify the Fire Department. In addition, notification shall be made to the California Offi ce of Emergency Serv ices (CalOES) in accordance with the law.”
Section 6: Section 9.48.140(A) of the Riverside M unicipal Code is hereby amended as follows:
“Section 9.48.140 Permit required.
A. Except as provided in Chapter 6.5; Chapter 6.67; Chapter 6.7; a nd Chapter 6.95 of Health and Safety Code, no person shall operate or maintain a business where hazardous materials, or a mixture containing hazardous materials, are handled without a valid hazardous materials permit issued by the CUPA. The owner or operator of a business shall obtain a permit for handling hazardous materials or ha zardous waste from the DEH. A permit may be issued at any time during the year. A permit is considered valid after fees have been paid and the required hazardous materials business plan submission into CERS has been accept ed by the UPA.” Section 7: Section 9.48.160 of the Riverside Muni cipal Code is hereby amended as follows:
“Section 9.48.160 Inspections.
A. The UPA or Fire Department may will make periodic inspec tions of persons or businesses where haza rdous materials and/or ha zardous waste is genera ted, stored, handled, disposed, treated or recycled and to inspect aboveground and underground stor age tank systems and all persons or businesses where the UPA has reasonable cause to believe that hazardous materials or hazardous waste is generated, stored, handled, disposed, treated or recy cled. Such inspections may be made without prior notice to th e owner or operator of such business.”
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
Section 8: Section 9.48.200 of the Riverside Muni cipal Code is hereby amended as follows:
“Section 9.48.200 Administration and enforcement
A. The City of Riverside Fire Department an d its representatives shall have the authority and responsibility to administer an d implement the provisions of this chapter on behalf of the UPA. . . .
J. Due to the significant risks of certain viol ations to public health, safety and welfare, the amount of fine to be imposed for the following violations of this Code and assessed by means of an administrative citation shall be $500.00 for the first an d each subsequent occurrence of the same type of violation. Notwithstanding this sectio n, the amount of fine to be assessed by means of an administrative citation may be establ ished by resolution of the City Council. . . .
3. RMC 16.32.020, H&S HSC 25189; Abandonment of a hazardous material. . . .
5. RMC 16.32.020, CFC, 105.7.9105.6.8; Failure to obtain a permit to install, alter, remove, abandon or otherwise dispose of a flammable, combustible or any hazardous materials liquid tank, container or cylinder.
. . .”
Section 9: The City hereby finds that this ordinance is not subject to review under the California Environmental Qualit y Act (CEQA) pursuant to CEQA Guidelines sections 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061, subdivision (b )(3) (there is no possibility the activity in question may have a significant effect on the envi ronment). In addition to the foregoing general exemptions, the City Council further finds that this ordinance is categorica lly exempt from review under CEQA under the Class 8 Categorical Exemption (regulatory activity to assure the protection of the environment), CEQA Guidelines section 15308.
Section 10: The City Clerk shall certify to the adoption of this ordinance and cause publication once in a newspaper of general circulation in accordance with Section 414 of the Charter
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
of the City of Riverside. This ordinance shall b ecome effective on the 30th da y after the date of its adoption.
ADOPTED by the City Counc il this _________ day of _____________, 2022.
___________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
_____________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing ordinance was duly and regularly introduced and adopted at a meeting of the City Council on the _______ day of _______________, 2022, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2022.
_________________________________
Donesia Gause
City Clerk of the City of Riverside
22-0350.2 RMS 09/21/22