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524
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<br />525 MISCELLANEOUS .PROVISIONS
<br />processing the notification and inventory, including a verification
<br />inspection if necessary.
<br />(E) If the information contained in the initial notification or
<br />inventory changes and the time period of the change is longer
<br />than 30 days, the notification or inventory shall be resubmitted
<br />within 30 days to theadministering agency to reflect the change,
<br />along with a processing fee, -in lieu of the existing fee, that does
<br />not exceed the actual cost of processing the amended notifica-
<br />tion or inventory, including a verification inspection, if necessary.
<br />(F) The administering agency shall forward a copy of the
<br />notification and inventory to those agencies that share responsi-
<br />bility for emergency response.
<br />(G) The administering agency may require an unstaffed
<br />remote fatality to submit a hazardous materials business plan and
<br />inventory in accordance with this article if the agency finds that
<br />special �cumstances exist such that development and mainte-
<br />nance of the business plan and inventory is necessary to protect
<br />public health and safety and the environment.
<br />(d) The administering agency shall provide :all information
<br />obtained from. completed inventory forms, upon request, to
<br />emergency rescue personnel on a 24—hour basis. .
<br />(e) 'The administering agency shall adopt procedures to
<br />provide for public input when approving any applications
<br />submitted pursuant to paragraph (3) or (4). of subdivision (c).
<br />(Added & Stats.1985, c. 1167, § 1. Amended by Stats.1986, c.
<br />463, § 5, off. July 23, 1986; Stats.1989, c. 874, § 1; Stats. 1990, c-
<br />824 (S.B.2858), § 1; Stats:1992 a 504 (S.R428), § 1; Sh=1993,
<br />c. 630 (A.B.1451), § 7; Stats.1995, c. 144 (A.B.1324), § 1;
<br />Stats.1997, c 365 (A.B.361), § 1.)
<br />Cross References
<br />Conviction of violation of this section as misdemeanor, see health and
<br />Safety Code § 25514.3.
<br />Refinery and chemical plants, emergency action plans, see Labor Code
<br />§ 7865. -
<br />§ 25503.6. Business plan on leased or rented property, notice
<br />to owner
<br />Any business which is required,to establish and implements
<br />business plan pursuant to -Section 25503.5 and is located on
<br />leased or rented real property.shall notify, in writing, the owner
<br />of the property that the business is subject to Section 255035
<br />and has complied with its provisions, and shall provide a copy of
<br />the business plan to the owner or the owner's agent -within five
<br />working days after receiving a request for a copy from the owner
<br />or the owner's agent. (Added by Stats.1988, c 12 § 3, eff. Feb.
<br />19, 198&)
<br />§ 255037. Railroad car or marine vessel remaining ai same
<br />facility more than 30 days; hazardous contents deemed
<br />stored; notice to administering agency
<br />(a) When any hazardous material contained 'in any rail car,
<br />rail tank car, rail -freight container, marine. vessel, or marine
<br />freight container remains within the same railroad facility,
<br />marine facility, or business facility for more than 30 days, or a
<br />business knows or has reason to know that any. rail car, rail tank
<br />car, rail freight container, marine vessel, or marine freight
<br />container containing any hazardous material will remain at the
<br />same railroad facility, marine facility, or business facility for
<br />more .than 30 days, the hazardous material is deemed stored at
<br />that location for purposes of this chapter and subject to the
<br />requirements of this .chapter.
<br />(b) Subdivision .(a) does not apply to a marine vessel while
<br />under construction, . repair, modernization, or retrofitting while
<br />located in a ship repair fatality.
<br />§ 25504
<br />(c) Notwithstanding Section.25510, a business handling haz-
<br />ardous materials .which are stored -in a manner subject to
<br />subdivision (a) shall immediately notify theadministering agency
<br />whenever a hazardous material is stored in a rail tar, rail tank
<br />car, rail freight container, marine vessel, or marine freight
<br />container. (Added by Stw.1986, c. 909, § 7. Amended by
<br />Stats.1988, c. 1632 § 27,• Stats -1991, a -1128 (S.R49), § 7.)
<br />,Cross References
<br />Conviction of violation -of this section as -misdemeanor, -see Health and
<br />Safety Code § 25514.3.
<br />§ 25503.8. Business required to submit chemical .inventory
<br />information pursuant to .federal law; business plan in
<br />accordance with:§§ 25503.5.and25505 required; -reporting
<br />date
<br />(a) Any business not .subject #o subdivision , (a) of . Section
<br />25503.5 which is required to submit -chemical inventory informa-
<br />tion pursuant,to Section 14022 -of Title 42 of the United States
<br />Code, as that section reads on January;1, 1989, -,oras it may, be
<br />subsequently .amended, -shall establish,and implement a business
<br />plan in accordancewith Section 255035 and Section 25505.
<br />(b) Any business .required, to establish .and implement ;a
<br />business. plan pursuant to subdivision -(a) shall -not be deemed.to
<br />be in violation of this chapter. -until the date -of the next reporting
<br />period, .specified in subdivision, -(d) .of Section .5505, which
<br />occurs after the business .becomes -subject to subdivision -(a),
<br />unless the administering agency requests the business to estab-
<br />lish andimplement the businessplan at an earlier date. '(Added
<br />by Statc1988, c. 1585, § 5.)
<br />Cross References
<br />Conviction of violation of this section as misdemeanor, see Health and
<br />Safety Code § 25514.3.
<br />§ 25503.9.. Addendum to -hazardous materials repotting form;
<br />adoption by regulation _
<br />On or before January 1, 1995, the office shall, in consultation
<br />with the administering agencies -and the State Fire Marshal,
<br />adopt by regulation, a single comprehensive addendum to the
<br />hazardous materials repotting form for businesses 3o submit -to
<br />administering agencies for purposes of complying .with subdivi-
<br />sions .(b) and -(c,) -of -Section -13143:9 -and vsubdivision (b) of
<br />Section :25509. ,The regulations shall also specify. criteria £or
<br />sharing data electronically. Not later than -two years after She
<br />effective date of those. regulations, and annually thereafter, each
<br />administering agency:shall require businesses to use that.adden-
<br />dum when complying with subdivisions Tb) and (c) of -Section
<br />13143.9 and subdivision (b) of Section 25509.: `'The addendum
<br />shall_ be filed with the adminisiering .agency, when required. by
<br />the local fire chief. (Added -by Stats. 1993, c. 1126 (,4.B.7777),
<br />§2)
<br />§ 25504.. Business plans
<br />Business plans shall include all of the following:
<br />(a) The inventory of information required by Section*25509
<br />and whatever additional information .that the _.administering
<br />agency finds is necessary to protect the health and safety- of
<br />persons, property, or the environment. Any such information is,
<br />however, subject to trade -secret protection pursuant to Section
<br />25511.
<br />(b) Emergency response plans and procedures.in the event of
<br />a
<br />reportable. release or threatened, release of-, a - hazardous
<br />material, 'including, but not limited to, all of the - following:
<br />(1),Immediate notification to-the-administeringagency and to
<br />the appropriate local emergency rescue personnel. .
<br />
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