9.12.043 Supplemental Requirements for Emergency Response Plans.
   A.   In addition to the HMMP requirements set forth in this part, any person, firm or corporation which handles a hazardous material or a mixture containing a hazardous material which has a quantity at any one time during the reporting year equal to, or greater than, a total weight of five hundred pounds, or a total volume of fifty-five gallons, or two hundred cubic feet at standard temperature and pressure for compressed gas, shall establish and implement a plan for emergency response to a release or threatened release of a hazardous material pursuant to this section. Such plan, including the Hazardous Materials Inventory Statement (HMIS) described in Section 9.12.050 of this chapter, shall comprise the “business plan” for purposes of California Health and Safety Code Section 25000 et seq. Filing of such plans shall be pursuant to the provisions of Section 25505 of the California Health and Safety Code.
   For purposes of this section, in addition to the materials regulated in Part II, “hazardous material” means and includes those things specified in Section 25501(j), (k) and (1), and Section 25501.1 of the Health and Safety Code.
   B.   Unless the facility qualifies as a minimal storage site under Section 9.12.042, or is otherwise exempt pursuant to Section 9.12.021, the following information shall be provided:
      1.   Emergency response plans and procedures in the event of a reportable release or threatened release of a hazardous material which shall include, but not be limited to, the following:
         a.   Immediate notification to Cupertino, to Central Fire Protection District, and to the State Office of Emergency Services;
      2.   Procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property, or the environment;
      3.   Evacuation plans and procedures for the business site, including immediate audible notice and warning to all persons on the site.
   C.   Training shall be provided for all new employees, and annual training, including refresher courses, for all employees in safety procedures to be utilized in the event of a release or threatened release of a hazardous material. Such training shall include, but not be limited to, familiarity with the plans and procedures specified in this section. These training programs may take into consideration the technical and managerial responsibilities of each employee.
   D.   Any business required to file a pipeline operations contingency plan in accordance with the California Pipeline Safety Act of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 3 of Division 1 of Title 5 of the Government Code) and the regulations of the Department of Transportation, found in Part 195 of Title 49 of the Code of Federal Regulations, may file a copy of those plans with the City instead of filing an emergency response plan specified in subsection A.
   E.   Any business operating a farm exempted by paragraph (5) of subdivision (b) of Section 25503.5 of the California Health and Safety Code from filing the information specified in subsections B and C shall, notwithstanding this exemption, provide the training programs specified in subsection C of this section.
   F.   The City shall maintain records of all emergency response plans and procedures received and shall index them by street address and company name. Such plans and revisions thereto shall be available for public inspection during regular working hours, except for those portions of such plan, including any maps of the facility as described in Section 9.12.041, specifying the precise location where hazardous materials are stored and handled on-site. The City is required by California Health and Safety Code Section 25506 to transmit copies of the entire emergency response plan or any information contained therein to any requested State or local agency.
(Ord. 1373, (part), 1986)