CHAPTER 94:
STORAGE OF HAZARDOUS SUBSTANCES AND RESPONSE TO HAZARDOUS SUBSTANCE(S) INCIDENTS.
Section
94.01 Definitions
94.02 DES district responsibility
94.03 Fire chief’s responsibility
94.04 Planning required
94.05 Handler or user responsibility
94.06 Response
94.07 Cost recovery
94.08 Enforcement/Penalties
94.09 Severability of ordinance
§ 94.01 DEFINITIONS:
The following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
“EMERGENCY RESPONSE PERSONNEL”. Shall mean any public employee, including, but not limited to, any firefighter, or emergency response personnel, who responds to any condition caused in whole or part, by a hazard that jeopardizes or could jeopardize public health or safety of the environment.
“FIRE CHIEF”. Shall mean the Fire Chief of the City of New Castle or the County of Henry or the next in command.
“HANDLER”. Shall mean any person who transports or stores a hazardous substance(s).
“HAZARDOUS SUBSTANCE(S)”. As used in this ordinance shall be defined as in KRS 224.01-400 as amended.
“HAZARDOUS WASTE”. As used in this ordinance shall be defined as in KRS 224.01-010 and supporting regulations as amended.
“MSDS”. Shall mean a Material Safety Data Sheet prepared pursuant to state law or pursuant to regulations of the Occupational Safety and Health Administration of the United States Department of Labor.
“PERSON”. Shall mean any individual, trust, limited liability company, firm, company, society, corporation, joint stock company, partnership, consortium, association, cooperation, joint venture, city, county, special district, state or any department or agency or political subdivision thereof, United States Government, or other commercial or legal entity.
“PREPLANNING”. Shall mean a joint assessment by persons storing or handling hazardous substance(s) and the Fire Chief of the risks associated with the hazardous substance(s) and may include inspections, joint training and practice.
“RELEASE”. Shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, scraping, leaching, dumping, or disposing into the environment of a hazardous substance(s) in quantities which meet or exceed the reportable quantity amounts established by state or federal regulations.
“THREATENED RELEASE”. Shall mean a condition creating a substantial probability of a release when the probability and potential extent of a release make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property, or the environment.
“USER”. Shall mean any person who uses a hazardous substance(s).
“DISASTER AND EMERGENCY SERVICES (DES) DIRECTOR”. Shall be that official appointed by the Mayor and County Judge/Executive pursuant to KRS 39.415.
“OWNER OR OPERATOR”. Shall mean any person having ownership, control or executive authority of a facility where a hazardous substance(s) is handled or used.
§ 94.02 DES DIRECTOR RESPONSIBILITY.
The DES Director shall be responsible for administering and enforcing the provisions of this ordinance and shall be responsible for the City’s or County’s compliance with all applicable state and federal laws and regulations. The DES Director shall further give full access to, and available of, information submitted under this ordinance to
emergency response personnel and other appropriate governmental entities on a twenty-four hour basis. At no time will the DES Director relinquish command and control during the emergency.
§ 94.03 FIRE CHIEF’S RESPONSIBILITY.
The Fire Chief is authorized and directed to coordinate and cooperate with the DES Director on all hazardous material responses and follow-up.
§ 94.04 PLANNING REQUIRED.
Any handler or user of hazardous substances who stores or handles hazardous materials for any length of time shall immediately notify the DES Director, through the use of MSDS or other documentation, that a hazardous substance(s) is being stored. When the storage of such substance(s) is planned to or does exceed thirty days, the responsible person storing, handling, or using that substance(s) shall notify the DES Director and shall engage in preplanning with the DES Director. This section does not apply to storage of hazardous substances at fixed facilities for less than thirty days provided those facilities comply with the other provisions of this ordinance. The thirty day time period set out in this section continues to run as long as there is a hazardous substance(s) at the facility and does not require any particular substance(s) to be handled or stored for over thirty days.
§ 94.05 HANDLER OR USER RESPONSIBILITY.
The owner or operator of any facility at which a hazardous substance(s) is handled or used shall notify the DES Director, through the use of a MSDS or other documentation, of the substances being stored at the site of the owner or operator by providing the DES Director with a complete inventory and location of such hazardous substances. Such owner or operator shall also implement emergency response plans and procedures for the mitigation of a release or threatened release to minimize any potential harm or damages to persons, property or the environment as may be necessary for a particular incident and implement evacuation plans and procedures, including the immediate notice to the Fire Department and to persons within the immediate site and adjacent properties. Such owners or operators shall also provide training for all employees as required by State and Federal OSHA standards and regulations. Such owners or operators shall also allow periodic inspections by the DES Director of Fire Chief of the storage site.
§ 94.06 RESPONSE.
The City and County Fire Department are authorized to respond to and abate the effects of any release or threatened release of hazardous substances into the
environment, pursuant to the existing preplanning agreement, when requested to do so by the handler or user or when, in the judgment of the DES Director or Fire Chief, there exists an imminent hazard to human health or the environment.
§ 94.07 COST RECOVERY.
Any person causing an unauthorized release of any hazardous substance(s) or hazardous waste(s) shall be responsible for its clean-up and all expenditures pursuant thereto. Any person causing an unauthorized release of any hazardous substance(s) or hazardous waste which results in the City or County expending public funds for the response to the release, its abatement, or the cleanup or removal of such hazardous substance(s) or hazardous waste shall be liable to the City or County for all recoverable costs as outlined below.
(A) In the event of a hazardous substance(s) release or threatened release involving materials in transit, the shipper (carrier), the owner of the substances, and all other persons whose activities caused or contributed to a release or threatened release, jointly and severally, shall be responsible for all direct costs including, but not limited to, personnel costs of the City New Castle and Henry County Fire Departments and other dispatched emergency workers responding to the release or threatened release, replacement costs of supplies and equipment contaminated as a result of the incident, the cost of proper disposal of contaminated materials, the cost of cleanup, evacuation, and administrative and other expenses, including legal expenses, incurred in recovering these costs. The City and County Attorney are hereby authorized and directed to initiate such proceedings, in the name of the City of New Castle and the Henry County Fiscal Court in any court having jurisdiction over such matters as are necessary to recover costs of the City or County.
(B) In the event of a hazardous substance(s) release or threatened release involving a fixed facility, the operator, owner and all other personnel of the facility responsible for the presence of hazardous substances shall be responsible for all direct costs including, but not limited to, personnel costs of the City and County Fire Departments and other dispatched emergency workers in responding to the release or threatened release, including replacement of supplies and equipment contaminated as
a result of the incident, the cost of proper disposal of contaminated materials, the cost of clean-up, evacuation administrative and other expenses including legal expenses, incurred in recovering these costs. The City and County Attorney are hereby authorized and directed to initiate such proceedings, in the name of the City of New
Castle and the Henry County Fiscal Court in any court having jurisdiction over such matters as are necessary to recover costs of the City or County.
(C) Any hazardous substance(s) or material release shall be considered a public health hazard and for those responses made by the New Castle or Henry County Fire Departments and other emergency response personnel involving a fixed facility within the City or County, the City or County shall have a lien against the property for the recoverable costs as stated hereinabove. The affidavit of the DES Director shall constitute prima facia evidence of the amount of the lien and the regularity of the proceedings and shall be recorded in the Office of the County Clerk. The lien shall be notice to all persons from the time of its recording end shall bear interest at the rate of 6 percent per annum thereafter until paid. The lien created shall take precedence over all other subsequent liens, except state, county, school board and city taxes, and may be enforced by judicial proceedings. The owner of a property upon which a lien has been attached shall be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and the City or County shall have the same remedies as provided for the recovery of a debt owned.
§ 94.08 ENFORCEMENT/PENALTIES.
(A) The DES Director will have primary responsibilities for enforcement of the provisions of this Ordinance.
(B) Upon notification or discovery of any violation of the provisions of this Ordinance, the DES Director or his next in command shall investigate the site, and if a violation is found, issue a notice of violation to the person responsible for the facility. This notice shall provide for immediate abatement periods of other violations.
(C) Any person who fails to notify the DES Director of a release or threatened release may be fined not more than five thousand dollars ($5,000) per offense. Each day’s continuance of any such failure or violation shall be considered a separate offense.
§ 94.09 SEVERABILITY OF ORDINANCE.
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared null and void or unconstitutional by a valid judgment or decree of a court or competent jurisdiction, such declaration shall not affect the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance nor any other ordinance or section thereof adopted and codified by the respective legislative bodies.
94.01 Definitions
94.02 DES district responsibility
94.03 Fire chief’s responsibility
94.04 Planning required
94.05 Handler or user responsibility
94.06 Response
94.07 Cost recovery
94.08 Enforcement/Penalties
94.09 Severability of ordinance
§ 94.01 DEFINITIONS:
The following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
“EMERGENCY RESPONSE PERSONNEL”. Shall mean any public employee, including, but not limited to, any firefighter, or emergency response personnel, who responds to any condition caused in whole or part, by a hazard that jeopardizes or could jeopardize public health or safety of the environment.
“FIRE CHIEF”. Shall mean the Fire Chief of the City of New Castle or the County of Henry or the next in command.
“HANDLER”. Shall mean any person who transports or stores a hazardous substance(s).
“HAZARDOUS SUBSTANCE(S)”. As used in this ordinance shall be defined as in KRS 224.01-400 as amended.
“HAZARDOUS WASTE”. As used in this ordinance shall be defined as in KRS 224.01-010 and supporting regulations as amended.
“MSDS”. Shall mean a Material Safety Data Sheet prepared pursuant to state law or pursuant to regulations of the Occupational Safety and Health Administration of the United States Department of Labor.
“PERSON”. Shall mean any individual, trust, limited liability company, firm, company, society, corporation, joint stock company, partnership, consortium, association, cooperation, joint venture, city, county, special district, state or any department or agency or political subdivision thereof, United States Government, or other commercial or legal entity.
“PREPLANNING”. Shall mean a joint assessment by persons storing or handling hazardous substance(s) and the Fire Chief of the risks associated with the hazardous substance(s) and may include inspections, joint training and practice.
“RELEASE”. Shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, scraping, leaching, dumping, or disposing into the environment of a hazardous substance(s) in quantities which meet or exceed the reportable quantity amounts established by state or federal regulations.
“THREATENED RELEASE”. Shall mean a condition creating a substantial probability of a release when the probability and potential extent of a release make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property, or the environment.
“USER”. Shall mean any person who uses a hazardous substance(s).
“DISASTER AND EMERGENCY SERVICES (DES) DIRECTOR”. Shall be that official appointed by the Mayor and County Judge/Executive pursuant to KRS 39.415.
“OWNER OR OPERATOR”. Shall mean any person having ownership, control or executive authority of a facility where a hazardous substance(s) is handled or used.
§ 94.02 DES DIRECTOR RESPONSIBILITY.
The DES Director shall be responsible for administering and enforcing the provisions of this ordinance and shall be responsible for the City’s or County’s compliance with all applicable state and federal laws and regulations. The DES Director shall further give full access to, and available of, information submitted under this ordinance to
emergency response personnel and other appropriate governmental entities on a twenty-four hour basis. At no time will the DES Director relinquish command and control during the emergency.
§ 94.03 FIRE CHIEF’S RESPONSIBILITY.
The Fire Chief is authorized and directed to coordinate and cooperate with the DES Director on all hazardous material responses and follow-up.
§ 94.04 PLANNING REQUIRED.
Any handler or user of hazardous substances who stores or handles hazardous materials for any length of time shall immediately notify the DES Director, through the use of MSDS or other documentation, that a hazardous substance(s) is being stored. When the storage of such substance(s) is planned to or does exceed thirty days, the responsible person storing, handling, or using that substance(s) shall notify the DES Director and shall engage in preplanning with the DES Director. This section does not apply to storage of hazardous substances at fixed facilities for less than thirty days provided those facilities comply with the other provisions of this ordinance. The thirty day time period set out in this section continues to run as long as there is a hazardous substance(s) at the facility and does not require any particular substance(s) to be handled or stored for over thirty days.
§ 94.05 HANDLER OR USER RESPONSIBILITY.
The owner or operator of any facility at which a hazardous substance(s) is handled or used shall notify the DES Director, through the use of a MSDS or other documentation, of the substances being stored at the site of the owner or operator by providing the DES Director with a complete inventory and location of such hazardous substances. Such owner or operator shall also implement emergency response plans and procedures for the mitigation of a release or threatened release to minimize any potential harm or damages to persons, property or the environment as may be necessary for a particular incident and implement evacuation plans and procedures, including the immediate notice to the Fire Department and to persons within the immediate site and adjacent properties. Such owners or operators shall also provide training for all employees as required by State and Federal OSHA standards and regulations. Such owners or operators shall also allow periodic inspections by the DES Director of Fire Chief of the storage site.
§ 94.06 RESPONSE.
The City and County Fire Department are authorized to respond to and abate the effects of any release or threatened release of hazardous substances into the
environment, pursuant to the existing preplanning agreement, when requested to do so by the handler or user or when, in the judgment of the DES Director or Fire Chief, there exists an imminent hazard to human health or the environment.
§ 94.07 COST RECOVERY.
Any person causing an unauthorized release of any hazardous substance(s) or hazardous waste(s) shall be responsible for its clean-up and all expenditures pursuant thereto. Any person causing an unauthorized release of any hazardous substance(s) or hazardous waste which results in the City or County expending public funds for the response to the release, its abatement, or the cleanup or removal of such hazardous substance(s) or hazardous waste shall be liable to the City or County for all recoverable costs as outlined below.
(A) In the event of a hazardous substance(s) release or threatened release involving materials in transit, the shipper (carrier), the owner of the substances, and all other persons whose activities caused or contributed to a release or threatened release, jointly and severally, shall be responsible for all direct costs including, but not limited to, personnel costs of the City New Castle and Henry County Fire Departments and other dispatched emergency workers responding to the release or threatened release, replacement costs of supplies and equipment contaminated as a result of the incident, the cost of proper disposal of contaminated materials, the cost of cleanup, evacuation, and administrative and other expenses, including legal expenses, incurred in recovering these costs. The City and County Attorney are hereby authorized and directed to initiate such proceedings, in the name of the City of New Castle and the Henry County Fiscal Court in any court having jurisdiction over such matters as are necessary to recover costs of the City or County.
(B) In the event of a hazardous substance(s) release or threatened release involving a fixed facility, the operator, owner and all other personnel of the facility responsible for the presence of hazardous substances shall be responsible for all direct costs including, but not limited to, personnel costs of the City and County Fire Departments and other dispatched emergency workers in responding to the release or threatened release, including replacement of supplies and equipment contaminated as
a result of the incident, the cost of proper disposal of contaminated materials, the cost of clean-up, evacuation administrative and other expenses including legal expenses, incurred in recovering these costs. The City and County Attorney are hereby authorized and directed to initiate such proceedings, in the name of the City of New
Castle and the Henry County Fiscal Court in any court having jurisdiction over such matters as are necessary to recover costs of the City or County.
(C) Any hazardous substance(s) or material release shall be considered a public health hazard and for those responses made by the New Castle or Henry County Fire Departments and other emergency response personnel involving a fixed facility within the City or County, the City or County shall have a lien against the property for the recoverable costs as stated hereinabove. The affidavit of the DES Director shall constitute prima facia evidence of the amount of the lien and the regularity of the proceedings and shall be recorded in the Office of the County Clerk. The lien shall be notice to all persons from the time of its recording end shall bear interest at the rate of 6 percent per annum thereafter until paid. The lien created shall take precedence over all other subsequent liens, except state, county, school board and city taxes, and may be enforced by judicial proceedings. The owner of a property upon which a lien has been attached shall be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and the City or County shall have the same remedies as provided for the recovery of a debt owned.
§ 94.08 ENFORCEMENT/PENALTIES.
(A) The DES Director will have primary responsibilities for enforcement of the provisions of this Ordinance.
(B) Upon notification or discovery of any violation of the provisions of this Ordinance, the DES Director or his next in command shall investigate the site, and if a violation is found, issue a notice of violation to the person responsible for the facility. This notice shall provide for immediate abatement periods of other violations.
(C) Any person who fails to notify the DES Director of a release or threatened release may be fined not more than five thousand dollars ($5,000) per offense. Each day’s continuance of any such failure or violation shall be considered a separate offense.
§ 94.09 SEVERABILITY OF ORDINANCE.
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared null and void or unconstitutional by a valid judgment or decree of a court or competent jurisdiction, such declaration shall not affect the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance nor any other ordinance or section thereof adopted and codified by the respective legislative bodies.
