§ 13-121. Definitions.

For the purposes of this article and the regulations applicable thereto, the following definitions shall apply:

Appropriate fire department shall mean the fire department in whose response area the plant is located. If the plant is located near the response boundary between two (2) or more fire departments, the plant shall submit information required in this chapter to all of these departments.

Emergency plans shall mean written plans and procedures intended to mitigate, respond to, contain and/or control emissions, releases, odors and other incidents. These plans include, but are not limited to, risk management plans (RMP), spill prevention, control and countermeasure plans (SPCC), odor control plans and monitoring plans.

Hazardous material shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the statutes or regulations listed below and any and all of those substances included within the definitions of "hazardous substances", "hazardous materials", "hazardous waste", "toxic substances", "hazardous air pollutant", or "solid waste" in the statutes or regulations listed below:

(1)

A "hazardous material", "hazardous substance", "hazardous waste", or "toxic substance" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq., or the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901, et seq.

(2)

"Oil" or a "hazardous substance" listed or identified pursuant to § 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other hydrocarbon substance or by-product.

(3)

Pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136 et seq.

(4)

Asbestos, PCB's, and other substances regulated under the Toxic Substances Act, 15 U.S.C. § 2601 et seq.

(5)

Any radioactive material regulated under the Atomic Energy Act, 42 U.S.C. § 2011 et seq, the Nuclear Waste Policy Act, 42 U.S.C. § 10101 et seq.

(6)

Regulated under the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 651 et seq.

(7)

Regulated under the Clean Air Act, 42 U.S.C. § 7401 et seq.

(8)

Listed or defined as a "hazardous material", "hazardous substance", "hazardous waste" under the National Fire Prevention Code, known as NFPA 1, adopted as the Fire Prevention Code for the Parish of Jefferson by Ordinance No. 20940 assigned as Chapter 13 Article II, § 13-21 et seq.

Hazardous materials in bulk shall mean hazardous materials (not under active shipping papers) in the following cumulative amounts:

(1)

Gases with a liquid capacity equal to or greater than five thousand (5,000) gallons.

(2)

Liquids or slurries equal to or greater than ten thousand (10,000) gallons or one hundred thousand (100,000) pounds.

(3)

Solids equal to or greater than one hundred thousand (100,000) pounds.

Exceptions: The term "hazardous materials in bulk" does not include

(1)

The storage of hydrocarbon materials in above ground tanks used in a facility's operation of fleet vehicles and/or equipment.

(2)

The storage of hydrocarbon materials in underground tanks used in fueling operations.

(3)

Plants owned and/or operated by Jefferson Parish.

Imminent danger shall be defined as any conditions or practices in any place which are such that a danger exists which could reasonably be expected to cause death or physical harm to humans, structures or the environment surrounding the plant, immediately or before the imminence of such danger can be eliminated through normal maintenance procedures.

List of materials shall mean a list of all existing and proposed hazardous materials in bulk, as defined above, that will be stored in the tanks and other storage containers, warehouses, yards and other storage sites on the premises. This definition does not apply to small, one (1) time shipments of drums, tote tanks, boxes or other small containers that are ordered for a specific customer and are not part of a facility's normal inventory for more than thirty (30) calendar days (as defined in this section as special order). Materials shall be listed by the proper shipping name (49 CFR § 172.101 or its successor, Code of Federal Regulations, Title 49, Transportation). In addition, each material listing shall include trade names, NFPA 704M classifications, US Department of Transportation hazard class and United Nations Identification Number.

Odor shall mean an air pollutant that is produced in such quantity and of such nature and duration and under such conditions as would interfere unreasonably with the enjoyment of life or property.

Qualified inspector shall mean an independent professional engineer licensed to practice in the State of Louisiana, qualified by training and experience to perform inspections of storage tanks and other storage containers, piping and appurtenances, both internally and externally, on a plant site in accordance with an appropriate code of practice developed by a nationally-recognized association that is relevant to the use of, and products stored in, the tested or inspected container(s) or equipment.

Release shall mean the accidental or intentional spilling, leaking, pumping, pouring, emitting, escaping, leaching, or dumping of hazardous substances or other pollutants into or on any land, air, water, or groundwater as defined in Louisiana Administrative Code (LAC), Title 33 or its successor. A release shall not include a federal or state permitted release.

Risk management plan shall mean plans required under the Clean Air Act, Title 40 of the Code of Federal Regulations, section 68 or its successor.

SPCC plans shall mean spill prevention, control and countermeasure plans as defined in Title 40 of the Code of Federal Regulations, Part 112 or its successor.

Special order shall mean a one-time small shipment, limited to hazardous materials contained in small containers, such as drums, tote tanks, boxes or other similar containers, not to exceed two thousand five hundred (2,500) pounds or three hundred (300) gallons, for a specific customer that will not be stored in any bulk storage location for longer than thirty (30) calendar days.

(Ord. No. 22937, § 2, 12-13-06; Ord. No. 24693, § 1, 3-19-14)