§ 13-7. Cleanup of hazardous materials spills.

(a)

Classes of hazardous substances: Hazardous substances will be defined for the purposes of this section as any substance that meets at least one (1) of the following criteria:

(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)

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 CFR 49 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. (CFR 49 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. (CFR 49 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. (CFR 49 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 CFR 49 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. (CFR 49 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 CFR 49 section 173.115(d). For exceptions, see CFR 49 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 CFR 49 section 173.115(d). For exceptions, see CFR 49 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. (CFR 49 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. (See CFR 49 section 175.151(a) for details and exceptions.)

2.

Oxidizer: A substance such as chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen readily to stimulate the combustion of organic matter. (See CFR 49 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. (CFR 49 section 173.326)

2.

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. (CFR 49 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 emits ionizing radiation, and having a specific activity greater than 0.002 microcuries per gram. (CFR 49 section 173.389)
Note: See CFR 49 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 CFR 49 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 CFR 49 section 173.500 for details.)

(b)

Responsibility for costs generally: The owner and/or operator of any container, package, vehicle or vessel is responsible for all costs incurred during cleanup and restoration of the area involved in any area of contamination by any hazardous substance defined in this section.

(c)

Responsibility of costs incurred by parish: The owner and/or operator is responsible for all costs incurred by the department of emergency management as well as all other parish agencies involved during cleanup and restoration.

(d)

Responsibility in cases of danger of leak: If there is no actual discharge, leak, release or spill of a hazardous substance but rather a danger or possibility of such a discharge, leak, release or spill, as determined by the director of the department of emergency management, the owner and/or operator will be responsible for all costs which are due exclusively to the presence of a hazardous substance incurred by the department of emergency management as well as all other parish agencies.

(e)

Penalties: Any owner and/or operator who willfully or negligently violates this section shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than thirty (30) days, or both. Each day on which the violation occurs shall be considered a separate offense.

(Ord. No. 17052, §§ 2—6, 10-8-86)

Editor's note

Ord. No. 17052, adopted Oct. 8, 1986, did not specifically amend this Code; hence inclusion of §§ 2—6 as § 13-9 was at the discretion of the editor. Section l adopted CFR 49, parts 100—177, revised as of Nov. 1, 1983, by reference. See also art. VI of this chapter, § 13-74 et seq.