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§25504 HEALTH AND SAFETY CODE 526 2 5__
<br />(2) Procedures for the mitigation of a release or threatened
<br />release to minimize any potential harm or damage to persons,
<br />property, or environment.
<br />(3) Evacuation plans and procedures, including immediate
<br />notice, for the business site.
<br />'(c) Training for all new employees and annual training,
<br />including refresher courses, for all employees in safety proce-
<br />dures in the event of a -release or threatened release of a
<br />hazardous material, including, but not limited to, familiarity with
<br />the plans and procedures specified in subdivision (b). These
<br />training programs may take into consideration the position of
<br />each employee..- .
<br />(d) Any business required to file a pipeline operations contin-
<br />gency plan in accordance with the California Pipeline Safety Act
<br />of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 3
<br />of Division 1 of Title '5 of the Government Code) and the
<br />regulations of the Department of Transportation, found in Part
<br />195 of Title 49 of the Code of Federal Regulations, may file a
<br />copy of those plans with ' the administering agency instead of
<br />filing an emergency response plan specified in subdivision (b).
<br />(e) Any business operating a farm exempted by paragraph (5)
<br />of subdivision (b) of Section 255035 from filing the information
<br />specified in subdivisions (b) and (c), shall, notwithstanding this
<br />exemption, provide the training programs specified in subdivi-
<br />sion (c). (Added ' by Stats.1985, e 1167, § 1. Amended by
<br />Stats. 1986, c.•463, § 6, eff. July 23, 1986.)
<br />§ 25505. .Review of business plan; modification of operation
<br />and plan; periodic review
<br />(a)(1) Each handler shall submit its business plan to the
<br />administering agency in accordance with the requirements of this
<br />article and certify that the business plan meets the requirements
<br />of this article.
<br />(2) If, after review, the administering agency determines that
<br />the handler's business plan is deficient in any way, the adminis-
<br />trative agency shall notify the handler of those deficiencies. The
<br />handler shall submit a corrected business plan within 30 days
<br />from the date of the notice- .
<br />(3) If a handler fails, after reasonable notice, to submit a
<br />business plan in compliance with this article, the administering
<br />agency shall immediately take appropriate action to enforce this
<br />article, including the imposition of civil and criminal penalties as
<br />specified in this article. -
<br />_(b) In addition to the requirements of Section 25510, whenev-
<br />er a substantial change in the handler's operations occurs that
<br />requires a modification of its business plan, the handler shall
<br />submit a copy of the business plan revisions to the administering
<br />agency within 30 days from the date of the operational change.
<br />(c) Each handler shall, in any case, review the business plan,
<br />submitted pursuant to subdivision (a) or (b) at least once every
<br />three years thereafter after the initial submission of the business
<br />plan, to determine if a revision is needed and shall certify to the
<br />administering agency that the review was made and that any
<br />necessarychanges were made to the plan. A copy of those
<br />changes shall be submitted to the administering agency as a part
<br />of that certification.
<br />-(d) Unless exempted from the business plan requirements
<br />under this chapter, each handler shall annually report its
<br />hazardous materials inventory on the form required by subdivi-
<br />sion (a) of Section 255033 or in the alternative form designated
<br />by the administering agency pursuant to subdivision (b) of
<br />Section 255033, or submit a certification statement to the
<br />administering agency of the county or city in which the handler is
<br />located. (Added by Stais.1985, c- 1167, § 1. Amended by
<br />Stats -1986, c- 463, § 7, eff- July 23, 1986; Stats.1997, c. 365
<br />(A -B.361), § 2; Stats.1997, c. 664 (S.B.657), § 4.)
<br />Cross References
<br />Conviction of violation of this section as misdemeanor, see Health and
<br />Safety Code § 25514.3.
<br />Lubricating oil exemption, see Health and Safetv Code § 25503.5.
<br />Refinery and chemical plants, emergency action plans, see Labor Code
<br />§ 7868.
<br />§ 25505.1. Distribution. of forms; use of county agricultural
<br />commissioners offices
<br />An administering agency may use the offices of the county
<br />agricultural commissioners to distribute business plan forms to
<br />farmers who are subject to Section 25505. (Added by Stats.1986,
<br />c. 463, § 8, eff. July 23, 1986.)
<br />§ 25505.2. Exemption from implementation of regulations
<br />(a) Notwithstanding any other provision of this chapter, any
<br />city or county which, on September 1, 1985, had in effect a local
<br />ordinance containing business inventory reporting requirements
<br />substantially similar to this chapter, as amended by the act
<br />enacting this section, is exempt from having to implement any
<br />regulations adopted by the office concerning business plans upon
<br />meeting both of the following requirements:
<br />(1) Not later than 90 days after the effective date of the act
<br />enacting this section, the city or county enacts an ordinance, or
<br />amends its existing ordinance, so that its requirements for
<br />business plans are the same as, or more restrictive than, this
<br />chapter, including subdivision (a) of Section 25503.5 and Sec-
<br />tions 25504 and 25509.
<br />(2) The office certifies that the ordinance's requirements are
<br />in compliance with paragraph (1) and that the city or county is
<br />implementing the ordinance, based upon evidence submitted by
<br />the city or county. Applications for exemption shall be filed with
<br />the office not later than 120 days from the effective date of the
<br />act enacting this section and the office shall certify or reject the
<br />applications within 60 days after receipt. The city or county may
<br />file an appeal of the decision of the office with the Director of
<br />the Office of Emergency Services, under procedures established
<br />by the office.
<br />(b) This section does not exempt any administering agency
<br />from compliance with arty other provision of this chapter.
<br />(c) Any business located in a city or county which is exempt
<br />from the regulations adopted pursuant to this chapter concern-
<br />ing business plans, shall comply with the ordinance adopted by
<br />the city or county. (Added by Stats.1986, c. 463, § 9, eff. July 23,
<br />1986.)
<br />§ 255055. Inadequate or negligent review of business plan;
<br />exemption from liability
<br />Notwithstanding any other provision of law, no public entity
<br />shall be held liable for any injury or damages resulting from an
<br />inadequate or negligent review of a business plan conducted
<br />pursuant to Section 25505. (Added by Stats.1988, c. 1585, § 6.)
<br />§ 25506. Business plans; records; public inspection; riling of
<br />inventory form; transmittal of information; federal con-
<br />formity
<br />(a) The administering agency shall maintain records of all
<br />business plans received and shall index them by street address
<br />and company name. The business plan and revisions shall be
<br />available for public inspection during the regular working hours
<br />of the administering agency, except that those portions of the
<br />business plan specifying the precise location where hazardous
<br />materials are stored and handled onsite, including any maps of
<br />the site, as required by paragraph (5) of subdivision (a) of
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