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IHSO

Second draft of Benicia Municipal Code (BMC) Chapter 8.55 - Industrial Health and Safety Ordinance (IHSO). Click to review the draft Ordinance.

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Oversight Commission

Second draft of Benicia Municipal Code (BMC) Chapter 2.112 - Industrial Safety Citizen Oversight Commission. Click to review the draft Ordinance.

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HazMat Notification Policy

Click to review the second draft Hazardous Materials Incident Notification Policy, a proposed Policy to be adopted by Council resolution.

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1.44 Appeals

Click to review proposed amendments to Benicia Municipal Code Chapter 1.44 Appeals, Section 1.44.100.

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2.60 Advisory Bodies

Click to review proposed amendments to Benicia Municipal Code Chapter 2.60 Advisory Bodies, Section 2.60.150.

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in reply to Cara Bateman's comment

Andrew Smith Nov 21 2024 at 9:38PM on page 5

This comment seems to be splitting hairs.

Dennis Lowry Nov 17 2024 at 3:57PM on page 7

Suggestion
A list is now available in the Resources for Residents folder look under column titled links and at the bottom see Group H Occupancies. There were 13 businesses listed in 2023 which will ebb and flow as businesses are added or choose to leave.

Cara Bateman Nov 17 2024 at 2:11PM on page 16

Suggestion
This needs to be sufficiently itemized, audited, "reasonable" and not permitted to be a blank check as large scale emergency responses easily turn into... speaking from 25+ years of related experience.

Cara Bateman Nov 17 2024 at 2:00PM on page 17

Suggestion
And shall be posted to the public information bank within X days of its completion.

Cara Bateman Nov 17 2024 at 1:57PM on page 16

Suggestion
Should be some accountability guidelines here for the Department; i.e., timeline for posting received documents.

Cara Bateman Nov 17 2024 at 1:55PM on page 15

Suggestion
Define what "air quality standards" are meant by regulatory citation.

Cara Bateman Nov 17 2024 at 1:54PM on page 15

Suggestion
Again, should be ALL reportable hazardous material incidents with off-site impacts and not just those related to air.

Cara Bateman Nov 17 2024 at 1:53PM on page 15

Suggestion
Should be ALL reportable releases with impacts outside the fenceline and not just air quality incidents.

Cara Bateman Nov 17 2024 at 1:51PM on page 14

Suggestion
Independent contractors should also be tasked with helping identify appropriate trigger levels. A city council appointed commission of Benicia residents is not likely to have sufficient knowledge to objectively select scientifically sound thresholds on their own.

Cara Bateman Nov 17 2024 at 1:49PM on page 14

Suggestion
Independent contractors should also be tasked with helping identify suitable monitoring station locations. A city council appointed commission of Benicia residents will not have sufficient knowledge to objectively select scientifically sound locations on their own.

Cara Bateman Nov 17 2024 at 1:46PM on page 14

Suggestion
Public education campaign should also include monitoring resources and availability of associated monitoring data.

Cara Bateman Nov 17 2024 at 1:44PM on page 14

Suggestion
Please establish a minimum retention period; e.g., at least 3 years of raw data from air quality monitoring stations....

Cara Bateman Nov 17 2024 at 1:42PM on page 14

Suggestion
within X days of its receipt.

Cara Bateman Nov 17 2024 at 1:41PM on page 13

Suggestion
within X days of its receipt.

Cara Bateman Nov 17 2024 at 1:40PM on page 13

Suggestion
Is this a typo? Seems like copy/paste from previous section and should reference written process safety information instead of human factors program.

Cara Bateman Nov 17 2024 at 1:37PM on page 12

Suggestion
Within X number of days of its receipt.

Cara Bateman Nov 17 2024 at 1:35PM on page 12

Suggestion
Need to define what constitutes a change and the time period in which such changes must be incorporated into the ERP.

For example, HSC 25508.1:
Within 30 days of any one of the following events, a business subject to this article shall electronically update the information submitted to the statewide information management system:
(a) A 100 percent or more increase in the quantity of a previously disclosed material.
(b) Any handling of a previously undisclosed hazardous material subject to the inventory requirements of this article.
(c) Change of business or facility address.
(d) Change of business ownership.
(e) Change of business name.
(f) (1) A substantial change in the handler’s operations occurs that requires modification to any portion of the business plan.
(2) For the purpose of this subdivision, “substantial change” means any change in a facility that would inhibit immediate response during an emergency by either site personnel or emergency response personnel, or that could inhibit the handler’s ability to comply with Section 25507, change the operational knowledge of the facility, or impede implementation of the business plan.
in reply to Cara Bateman's comment

Cara Bateman Nov 17 2024 at 10:52AM on page 12

Suggestion
* Cal EPA/DTSC

Cara Bateman Nov 17 2024 at 10:52AM on page 12

Suggestion
while just an e.g., statement, CUPA is a glaring omission given how involved they are as DTSC's delegate with just about everything hazardous material related.

Cara Bateman Nov 17 2024 at 10:31AM on page 11

Suggestion
Should also include pre-arranged agreement with contractors to provide emergency spill response services (e.g., Clean Harbors, Ponder, AIS, US Ecology/NRC).

Cara Bateman Nov 17 2024 at 10:27AM on page 11

Suggestion
be specific - "associated with hazardous material exposures."

Cara Bateman Nov 17 2024 at 10:25AM on page 11

Suggestion
use of proper PPE by should be included

Cara Bateman Nov 17 2024 at 10:24AM on page 11

Suggestion
Redundant. Emergency responders already have this via HMBP submittals in CERS.

Per Cal EPA FAQ:

What is a Hazardous Materials Business Plan (HMBP)?
A HMBP is a plan that is used to protect public health and safety and the environment. A HMBP also meets the requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA) that requires emergency planning and reporting on hazardous and toxic chemicals for federal, state, and local government, tribes, and industry.

The HMBP provides local Unified Program Agencies (UPAs), local fire agencies, and the public with information on hazardous materials handled at businesses in order to prevent or mitigate the damage to the health and safety of persons and the environment from a release or threatened release of hazardous materials into the workplace and environment.

The HMBP is required to be established and implemented by a business that handles a hazardous material at or above a specified threshold. The business must electronically file the HMBP to the California Environmental Reporting System (CERS).

Information from HMBPs is used to assist with emergency responses to a release or threatened release of a hazardous material within a city of a county.

Cara Bateman Nov 17 2024 at 10:21AM on page 11

Suggestion
This has no bearing on reducing risk, as is intended by this document, and seems like a bit of an overreach on the City's part.

Cara Bateman Nov 17 2024 at 10:18AM on page 11

Suggestion
Specify 24-hour contact information required.

Cara Bateman Nov 17 2024 at 10:17AM on page 10

Suggestion
Why is "f" separated from "b"? Both are related to evacuation. Either consolidate or at least put them next to each other in the list.

Cara Bateman Nov 17 2024 at 10:14AM on page 10

Suggestion
Do we truly mean "all"? as in a zero threshold reporting requirement which would pull in things like a can of spray paint or braker cleaner?

If not, it would be helpful to be consistent with existing hazardous material inventory reporting requirements, reduce redundancy and align with HSC 25507's thresholds.
in reply to Cara Bateman's comment

Cara Bateman Nov 17 2024 at 9:55AM on page 5

Suggestion
*world of hazardous material
in reply to Cara Bateman's comment

Cara Bateman Nov 17 2024 at 9:55AM on page 5

Suggestion
Curiously, this is the only use of "highly hazardous material" in this entire document. Elsewhere, only "hazardous material" is used. These are not the same in the world hazardous material enforcement and emergency response.

Cara Bateman Nov 15 2024 at 2:53PM on page 9

Suggestion
within 30 days of Report completion.

Cara Bateman Nov 15 2024 at 2:51PM on page 8

Suggestion
This seems quite passive and should be supplemented by more active means such as social media, email to a voluntary distribution list or the like.

Cara Bateman Nov 15 2024 at 2:48PM on page 8

Suggestion
Summary of external agency notifications include agency name, control number issued (if applicable), date and time of notifications, etc.

Cara Bateman Nov 15 2024 at 2:47PM on page 8

Suggestion
And immediate actions taken to mitigate impacts.
in reply to George Day's comment

Cara Bateman Nov 15 2024 at 2:43PM on page 7

Suggestion
That's already covered by the "or operator" reference.

Cara Bateman Nov 15 2024 at 2:42PM on page 7

Suggestion
"... within 30 days of receiving them."

or the like.

City/Department needs accountability in sharing this information with the public in a timely manner.

Cara Bateman Nov 15 2024 at 2:41PM on page 7

Suggestion
Need to define how you notify stakeholders of "time to time" changes to the policy if you're going to issue a violation for non-compliance.

Cara Bateman Nov 15 2024 at 2:40PM on page 7

Question
How will stakeholders be notified of your "time to time" changes to the procedure?

Cara Bateman Nov 15 2024 at 2:37PM on page 6

Suggestion
Needs to be defined or deleted if recommended expansion of sensitive receptor is incorporated.

Cara Bateman Nov 15 2024 at 2:35PM on page 6

Suggestion
"Regulated substance" also too vague and needs to be defined. There are far too many agencies that "regulate" a substance for various reasons, some that matter to this effort (e.g., CalARP) and some that do not (e.g., FDA).

Cara Bateman Nov 15 2024 at 2:33PM on page 6

Suggestion
Too vague, need to define "substances."

Cara Bateman Nov 15 2024 at 2:29PM on page 5

Suggestion
"Highly hazardous material" needs to be defined. Assuming you mean OSHA's "highly hazardous chemical," then a substance possessing toxic, reactive, flammable, or explosive properties and specified by paragraph (a)(1) of Title 29 of the Code of Federal Regulations, Part 1910.119.

Cara Bateman Nov 15 2024 at 2:18PM on page 5

Suggestion
Should not be limited to CARB and air pollution. Waterways, wetlands, MS4, schools, parks, etc. are also sensitive receptors by USEPA definition that can be impacted by a high-hazard facility.

Tracy Fetter Nov 15 2024 at 2:13PM on page 18

Suggestion
Like. Nuisance abatement lien.

Cara Bateman Nov 15 2024 at 1:32PM on page 6

Suggestion
Add specific timeline for the Department to post findings; e.g., "The Department shall post notice of its findings.... on the Public Information Bank website within 30 days of audit or inspection completion."

User 329785 Nov 14 2024 at 4:29PM on page 12

Much appreciate all the work that went into this.

Lois Kazakoff Nov 14 2024 at 2:17PM on page 1

Suggestion
The second draft responds to many citizen concerns. The City Council needs to adopt the ordinance and quickly.

Lois Kazakoff Nov 14 2024 at 2:04PM on page 3

Question
Public trust is essential. Is there are program or protocol to ensure the public will be "assured"?

George Day Nov 14 2024 at 11:38AM on page 19

Suggestion
The eligibility rules of BMC ch. 2.60 allow any citizen to serve. Special rules have to be adopted in this provision of the ISO to prevent conflicts of interest for this Commission. Ethic provisions elsewhere probably govern performance while in office (i.e., on the Commission); perhaps those same standards can be used as qualifications to serve (such as no direct or personal economic interest) and specify individuals only.

George Day Nov 14 2024 at 11:13AM on page 18

Question
1. Who makes these determinations?
2. If one were to determine that the Valero refinery is "offensive to the senses" due to noise and/or smells which are periodically emitted, this clause would deem the refinery a public nuisance today. Is that intended?

George Day Nov 14 2024 at 11:07AM on page 15

Question
should we add here: allowing the installation of air monitoring equipment at property boundaries, permitting access for such installation, the retrieval of data and maintenance and upgrading of such equipment
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