Many Firms Fail to File Required Emergency Plan

Thousands of Los Angeles businesses that use hazardous materials are in violation of state law for failing to submit plans to deal with emergencies such as the chemical fire in Lincoln Heights this week, Fire Chief Donald O. Manning said Wednesday.

Manning estimated that there are 8,000 Los Angeles businesses that possess enough hazardous materials to require the companies to submit “business plans” mandated by a 3-year-old state law. The deadline for filing was Jan. 1.

“Four thousand of them, approximately, have not filed,” he said. “We’re pursuing those that have not, and in this particular case (Builders Hardware Finishers, site of Monday’s fire), we’re going to see if we can bring some legal action for not having filed a permit.”

The plans--stored in a Fire Department computer--include a list of the hazardous materials, an emergency plan, an employee training program and a map of the business’ layout. The information is used by firefighters responding to fires or other emergencies.

Meanwhile, Mayor Tom Bradley and City Councilwoman Gloria Molina unveiled separate plans Wednesday to crack down on companies that illegally store hazardous materials.

Orders List Compiled

Bradley instructed Manning to compile a list of businesses that have been prosecuted for improperly handling hazardous wastes and have failed to submit plans to the city detailing evacuation procedures and other safety precautions in the event of an explosion or fire.

The mayor also ordered Manning to draft language that would require the city to inform schools, hospitals and convalescent facilities of nearby facilities that handle hazardous chemicals.

Molina she said she will introduce legislation Friday that would shut down businesses that illegally store hazardous materials near residential areas, require city officials to take control during similar emergencies and notify those who work and live near businesses that use hazardous materials.

State Sen. Art Torres (D-Los Angeles), chairman of the Senate Committee on Toxics and Public Safety Management, joined Manning in a press conference at the fire site to call for support of Assembly Bill 3410, aimed at barring plants using hazardous materials near schools.

Torres displayed a map marked with dozens of red dots that he said are the sites of such businesses that are located near schools in the Southland.

The Legislature passed a law in 1985 that requires firms to submit a “business plan” on what hazardous materials they have and how to deal with an emergency involving them. Local agencies are charged with overseeing compliance with the law.

Battalion Chief Richard Anderson, who heads the Fire Department’s hazardous materials section, estimated Wednesday that there are “close to 13,000” firms in the city that have “significant amounts” of material that require them to report their inventory.

But, Anderson said, only about 8,000 of the businesses have sufficient quantities of hazardous substances to require them to file a plan. He said he has six inspectors working full time in reviewing plans and in returning them to businesses for revision.

Manning said processing the business plans is a “very labor-intensive operation,” adding that staff members have been “overwhelmed” by the task. He said the City Council has approved additional workers for the program, starting in July.

“As the 4,000 (business plans) have come in, we have had all we can do to take care of those, and we were in the process of preparing a letter to go out to all of them that they were delinquent, and then (the) incident occurred.”

He indicated that the process of requiring businesses to comply will now be stepped up.

The law requires businesses with hazardous materials amounting to more than 500 pounds, 55 gallons or 200 cubic feet to file a “business plan” and to pay a fee to help finance the $2.4-million program.

Fire Department officials estimate that the fees for an “extra heavy” manufacturer could total $3,000, but said that more than 80% of the businesses required to prepare plans will be charged $193 or less. Failure to comply with the state law is punishable by fines of up to $5,000 a day.

Hundreds of hazardous materials must be reported, Manning said, with more being added to the list almost every day. The materials include explosives, flammable gases and liquids, poisons and corrosives.

Businesses that must report include dry cleaners, cabinet shops, service stations, machine shops, auto repair shops, printing shops, auto body shops, jewelry stores, auto paint shops, chemical manufacturers and metal plating shops.

The chemical fire at Builders Hardware chased 11,000 people from their homes and left nearby residents and school officials angry that they had not been notified of the dangerous materials stored at the metal plating company.

The company’s owner had pleaded no contest in 1986 to misdemeanor charges of illegally storing and improperly labeling hazardous wastes.

”. . . There are several aspects to this incident that are cause for concern,” Bradley wrote to Manning. “. . . Given the extensive list of chemicals located at this site, the absence of (an evacuation plan) probably heightened the risks associated with this fire. . . .

“The use of hazardous materials in industrial (buildings) is a fact of life in virtually every community in Los Angeles. Protecting the public from exposure to these materials is one of government’s most critical responsibilities.”

Molina said that city, state and federal emergency crews failed to swiftly respond to the fire. She was critical of a lengthy delay in the removal of 26,000 gallons of potentially lethal chemicals from the site because of a dispute over who would pay the cost.

The councilwoman said she discovered chaos when she arrived in Lincoln Heights 14 hours after the 4 a.m. fire, despite being assured earlier in the day that everything was under control.

“People (were evacuated) without medication, without pets, with no notes left for children or parents,” Molina said. “We had to send two older people to County General Hospital to get heart medication.

” . . . After 6 p.m. people were still not informed of any plans . . . they (were) never told they would be out all night. . . . The Police Department, city, county and state were still trying to determine who was responsible. They spent 10 hours trying to decide. They should not take that long. Something could have happened in that time. Fortunately, something didn’t.”

Molina has scheduled a meeting for today with police, fire, building and safety, sanitation and planning administrators, as well as county health officials and the city attorney’s office.

Bradley is considering introducing legislation to require the city to publish legal notices in local newspapers to inform nearby residents of companies that handle dangerous chemicals and their evacuation procedures--information currently available only on request.