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§ 25502 HEALTH AND SAFETY CODE 522 : 523
<br />On and after January 1, 1997, the agency responsible for
<br />adramistering.and enforcing this chapter shall be the agency so
<br />authorized .pursuant to subdivision (f) of Section 25404.3.
<br />(c) If there is no CUPA, the county and any city which
<br />assumes responsibility pursuant to subdivision (b) shall designate
<br />a department, office, or other agency of the county or city, as the
<br />case may be, or the city or county may designate a fire district, as
<br />the administering agency responsible for administering and
<br />enforcing this chapter. The county and any city which assumes
<br />responsibility pursuant to subdivision (b) shall notify the office
<br />immediately upon making a designation. A county shall desig-
<br />nate an administering agency on or before January 30, 1986. A
<br />designation pursuant. to this subdivision shall remain in effect
<br />only until a CUPA is certified or until January 1, 1997, whichever
<br />is earlier. On and after January 1, 1997, the agency responsible
<br />for administering and enforcing this chapter shall be the agency
<br />so authorized pursuant to subdivision (f) of Section 254043.
<br />(Added by. Stats.1985, c. 1167, § 1. Amended by Stats.1986, c.
<br />463, § 3, efj` July 23, 1986; Stam1990, c. 1662 (S.E.2263), § 3;
<br />Stats.1995, c. 639 (SB.1191), § 70.)
<br />§ 25503. Business plans and area plans; adoption of mini-
<br />mum standards
<br />(a) Not later than September 1, 1986, the office shall adopt,
<br />after public hearing and consultation with the office of the State
<br />Fire Marshal and other appropriate public entities, regulations
<br />for minimum standards for business plans and area plans. All
<br />business plans and area plans shall meet the standards adopted
<br />by the office.
<br />(b) The standards for business plans in the .regulations
<br />.dopted pursuant to subdivision (a) shall do all of the following:
<br />")Set forth minimum requirements of adequacy, and not
<br />preclude the imposition of additional or more stringent require-
<br />ments by local government.
<br />(2) Take into consideration and adjust for the size and nature
<br />of the business, the proximity of the business to residential areas
<br />and other populations, and the nature of the damage potential of
<br />its hazardous materials in establishing standards for subdivisions
<br />(b) and (c) of Section 25504.
<br />(3) Take into account the existence of local area and business
<br />plans whichmeetthe requirements of this chapter so as to
<br />minimise the duplication of local efforts, consistent with the
<br />objectives. of this chapter..
<br />(4) Define what releases and threatened releases are required
<br />to be. reported pursuant to Section 25507. .The office shall
<br />consider the existing federal reporting requirements in determin-
<br />ing a definition of reporting releases pursuant to Section 25507.
<br />(c) An'administering agency shall establish an area plan for
<br />emergency response to a release or threatened release of a
<br />hazardous material within its jurisdiction. An area plan is not a
<br />statute, ordinance, or regulation for purposes of Section 669 of
<br />the Evidence Code. The standards for area plans in the
<br />regulations adopted pursuant to subdivision (a) shall provide for
<br />all of the following:
<br />(1) Procedures and protocols for emergency rescue personnel,
<br />including the safety and health of those personnel.
<br />(2) Preemergency planning.
<br />(3) Notification and coordination of onsite activities with
<br />state, local, and federal agencies, responsible parties, and special
<br />districts.
<br />(4) Training of appropriate employees.
<br />(5) Onsite public safety and information.
<br />(6) Required supplies and equipment.
<br />(7) Access to emergency response contractors and hazardous
<br />waste disposal sites.
<br />(8) Incident critique and followup.
<br />(9) Requirements for notification to the office of reports
<br />made pursuant to Section 25507.
<br />(d) The administering agency shall submit a copy of its
<br />proposed area plan, within 180 days after adoption of regulations
<br />by the office establishing area plan standards, to the office for
<br />review. The office shall notify the administering agency as to
<br />whether the area plan is adequate and meets the area plan
<br />standards. The administering agency shall within 45 days of this
<br />notice submit a corrected area plan.
<br />The administering agency shall certify to the office every three
<br />,Years that it has conducted a complete review of its area plan and
<br />has made any necessary revisions. Any time an administering
<br />agency makes any substantial changes to its area plan, it shall
<br />forward the changes to the office within 14 days after the
<br />changes have been made.
<br />(e) An administering agency shall submit to the office, along
<br />with its area plan, both of the following:
<br />(1) The basic provisions of a plan to conduct onsite inspec-
<br />tions of businesses subject to this chapter by either the adminis-
<br />tering agency or other designated entity. These inspections shall
<br />ensure compliance with this chapter and shall identify existing
<br />safety hazards that could cause or contribute to a release and,
<br />where appropriate, enforce any applicable laws and suggest
<br />preventative measures designed to minimize the risk of the
<br />release of hazardous material into the workplace or environ-
<br />ment. The requirements of this paragraph do not alter or affect
<br />the immunity provided a public entity pursuant to Section 818.6
<br />of the Government Code.
<br />(2) A plan to institute a data management system which will
<br />assist in the efficient access to and utilization of information
<br />collected under this chapter. This data management system
<br />shall be in operation within two years after the business plans are
<br />required to be submitted to the. administering agency pursuant to
<br />Section 25505.
<br />(f) The regulations adopted by the office pursuant to subdivi-
<br />sion (a) shall include an optional model reporting form for
<br />business and area plans. (Added by Stam1985, c- 1167, § 1.
<br />Amended by Stars. 1986, c. 463, § 4, efj' July 23, 1986; Stars.1988,
<br />a 1585, § 3.)
<br />Cross References
<br />Oil spill response and contingency planning, review of oil spill element in
<br />business and area plans, see Government Code § 8670.35.
<br />§ 25503.1. Reporting requirements; adoption
<br />The office and each administering agency shall adopt report-
<br />ing requirements, in cooperation with the Chemical Emergency
<br />Planning and Response Commission, established by the Gover-
<br />nor as the state emergency response commission pursuant to
<br />subsection (a) of Section 11001 of Title 42 of the United States
<br />Code, which are consistent with the intent and provisions of this
<br />chapter and with Chapter 116 (commencing with Section 11001)
<br />of Title 42 of the United States Code, for the purpose of
<br />eliminating duplicative reporting requirements, to the extent
<br />achievable and practicable. (Added by Stars.1988, c. 1585, § 4.)
<br />§ 25503.2- Hazardous materials compliance assistance manu-
<br />al; contents; distribution; status and feasibility report
<br />(a) The California Environmental Affairs Protection Agency,
<br />with the guidance of the Chemical Emergency Planning and
<br />Response Commission. as specified in Section 25503.1, shall
<br />develop a hazardous materials compliance assistance manual,
<br />which shall include all of the following: ,
<br />(1) A coe
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