§ 13-6. Reporting accidents involving hazardous materials.

(a)

Required:

(1)

Any person in charge of a transport or storage vehicle, vessel or facility shall, as soon as he or she has knowledge of any intentional or unintentional accident or incident involving a hazardous material which meets any of the reporting requirements of paragraph (4), immediately notify the office of communication services by telephone by dialing 911 or by similar means of rapid communication. Each notice must include the information listed in paragraph (2).

(2)

Any person who in accordance with paragraph (1) reports an accident or incident involving any hazardous materials shall include the following information:

a.

Name of person reporting;

b.

Name and address of carrier, shipper or handler represented by the reporter;

c.

Telephone number where reporter can be contacted;

d.

Date, time and exact location of incident;

e.

The extent of injuries or damages;

f.

Classification, name and quantity of hazardous materials involved, if available;

g.

Type of incident and nature of hazardous material involvement and whether a continuing danger to life, health and property exists at the scene.

(3)

This reporting requirement does not apply to any discharge which is in compliance with permits issued by federal, state and parish agencies.

(4)

An accident or incident involving any of the substances mentioned in subsection (b) of this section shall be reported in accordance with this subsection (a) if any one (1) of the following conditions exists:

a.

The accident or incident:

1.

Poses an exposure risk to any human being;

2.

Poses an exposure risk to any wildlife or livestock;

3.

Poses an exposure risk to food or feed;

4.

Poses an exposure risk to any sewage, drainage, or water line;

5.

Poses an exposure risk to any wetlands or navigable water.

b.

As a direct result of the accident or incident:

1.

A person is killed;

2.

A person receives injuries requiring hospitalization;

3.

Estimated carrier or other property damage exceeds ten thousand dollars ($10,000.00);

4.

Fire, breakage, spillage or suspected contamination occurs involving radioactive materials or etiologic agents as defined in subsection (c);

5.

A continuing danger to life, health or property exists at the scene of the incident or elsewhere as a direct result of the incident.

(b)

Classes of hazardous materials: Hazardous substances are defined and incorporated herein as:

(1)

Any petroleum product that is used as a lubricant or a fuel.

(2)

Any mixture or solution containing a material identified by the letter "E" in Column 1 of the table to CFR 49 section 172.101 if it is in a concentration equal to or greater than that shown in the following table based on the reportable quantity (RQ) specified for the materials in column 2 of the table to CFR 49 section 172.101.

		Concentration by Weight
RQ Pounds	RQ Kilograms	Percent	PPM
5,000	2,270	10	100,000
1,000	454	2	20,000
100	45.4	0.2	2,000
10	4.54	0.02	200
1	0.45	0.002	20

 

(3)

A material that is a member of any of the nine (9) classes of hazardous materials as defined in CFR 49 and outlined as follows:

a.

Class I. Explosives:

1.

Class A explosive: Detonating or otherwise of maximum hazard. The nine (9) types of class A explosives are defined in section 173.53.

2.

Class B explosive: In general, function by rapid combustion rather than detonation and include some explosive devices such as special fireworks, flash powders, etc. Flammable hazard. (section 173.88)

3.

Class C explosive: Certain types of manufactured articles containing class A or class B explosives, or both, as components but in restricted quantities, and certain types of fireworks. Minimum hazard. (section 173.100)

4.

Blasting agent: A material designed for blasting which has been tested in accordance with section 173.114a(b) and found to be so insensitive that there is a very little probability of accidental initiation to explosion or of transition from deflagration to detonation. (section 173.114a(a))

b.

Class II. Gases:

1.

Flammable gas: Any compressed gas meeting the requirements for lower flammability limit, flammability limit range, flame projection, or flame propagation criteria as specified in section 173.300(b).

2.

Nonflammable gas: Any compressed gas other than a flammable compressed gas.

3.

Poison A: Extremely dangerous poisons: Poisonous gases or liquids of such nature that a very small amount of the gas, or vapor of the liquid, mixed with air is dangerous to life. (section 173.326)

c.

Class III. Flammable/combustible liquids:

1.

Combustible liquid: Any liquid having a flash point one hundred (100) degrees Fahrenheit or above and below two hundred (200) degrees Fahrenheit as determined by tests listed in section 173.115(d). For exceptions see section 173.115(a).

2.

Flammable liquid: Any liquid having a flash point below one hundred (100) degrees Fahrenheit as determined by tests listed in section 173.115(d). For exceptions see section 173.115(a).

d.

Class IV. Flammable solids:

1.

Flammable solid: Any solid materials, other than an explosive, which is liable to cause fires through friction, retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious transportation hazard. (Section 173.150)

e.

Class V. Oxidizers:

1.

Organic peroxide: An organic compound containing the bivalent -0-0 structure and which may be considered a derivative of hydrogen peroxide where one (1) or more of the hydrogen atoms have been replaced by organic radicals must be classed as organic peroxide unless—(see section 173.151(a) for details).

2.

Oxidizer: A substance as chlorate, permanganate, inorganic peroxide, or a nitrate that yields oxygen readily to stimulate the combustion of organic matter. (See section 173.151)

f.

Class VI. Poisons:

1.

Poison A: Extremely dangerous poisons: Poisonous gases or liquids of such nature that a very small amount of the gas, or vapor of the liquid, mixed with air is dangerous to life. (section 173.326)

2.

Poison B: Less dangerous poisons: Substances, liquids or solids (including pastes and semisolids), other than class A or irritating materials, which are known to be so toxic to man as to afford a hazard to health during transportation, or which, in the absence of adequate data on human toxicity, are presumed to be toxic to man. (section 173.343)

3.

Irritating material: A liquid or solid substance which upon contact with fire or when exposed to air gives off dangerous or intensely irritating fumes, but not including any poisonous material, class A.

g.

Class VII. Radioactives:

1.

Radioactive material. Any materials, or combination of materials, that spontaneously emit ionizing radiation, and having a specific activity greater than 0.002 microcuries per gram. (section 173.389)
Note: See section 173.389(a) through (l) for details.

h.

Class VIII. Corrosives:

1.

Corrosive material. Any liquid or solid that causes visible destruction of human skin tissue or a liquid that has a severe corrosive rate on steel. (See section 173.240(a) and (b) for details.)

i.

Class IX. Other regulated materials (ORM):

1.

ORM. May pose an unreasonable risk to health and safety or property when transported in commerce. (See section 173.500 for details)

(c)

Penalty: The penalty for violation of not reporting to the office of communications services certain accident or incident involving any of the herein substances shall carry with it a minimum of thirty (30) days' confinement or a fine of up to five hundred dollars ($500.00) or both.

(Ord. No. 16789, §§ 1—4, 2-19-86; Ord. No. 16881, §§ 2—4, 4-30-86)

Editor's note

Ord. No. 16789, adopted Feb. 19, 1986, did not specifically amend this Code; hence inclusion of §§ 1—4 as § 13—6 was at the discretion of the editor. Section 1 of Ord. No. 16881, which was included as superseding Ord. No. 16789, adopted CFR 49, parts 100—177, revised as of Nov. 1, 1983, by reference as part of this section 13-6. See also art. VI of this chapter, § 13-74 et seq.