§ 13-91. Exemptions.

(a)

This article shall not apply to:

(1)

Natural persons who use, store, transport, generate or dispose of hazardous materials in consumer quantities for private, personal, non-commercial purposes;

(2)

Any substance stored at any facility owned or leased by the State of Louisiana or any political subdivision thereof; and

(3)

The sub-surface segment of inter-state natural gas pipelines.

(b)

The reporting provisions of this chapter shall not apply to:

(1)

Hazardous materials under the direct control of the military forces of the United States;

(2)

Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration;

(3)

Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use;

(4)

Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. This exemption applies only to retail outlets;

(5)

Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual. This shall not include substances stored in a separate warehouse or storage room;

(6)

Any substance to the extent it is used in routine agricultural operations or is fertilizer held for sale by a retailer to the ultimate consumer; and

(7)

Hazardous materials required to be reported under the Nuclear Regulatory Commission by utilization facilities licensed under 10 C.F.R. 50 and La. R.S. 40:1299.100.

(c)

Small businesses shall not be required to pay more than one hundred fifty dollars ($150.00). This provision shall in no way affect the duty of such businesses to report inventories and/or releases as provided by law. It shall be the responsibility of each business to submit proof of small business status to the hazardous materials risk coordinator. In the absence of such proof said business will be required to pay fees based on the schedule in section 13-85 of this article.

(Ord. No. 20261, § 1, 1-28-98; Ord. No. 24351, § 7, 10-10-12)