§ 3. DUMPING, STORAGE, AND BURNING OF INDUSTRIAL WASTE OR HAZARDOUS MATERIALS

A.

DEFINITIONS

(1)

For the purposes of this section, "hazardous materials" are defined as including the following:

(a)

Explosive is defined as any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion, i.e., with substantially instantaneous release of gas and heat, unless such compound, mixture, or device is otherwise specifically classified.

(b)

Flammable liquid is any liquid which gives off flammable vapors, as determined by flash point from Tagliabue's open-cup tester as used for test of burning oils, at or below a temperature of 140° F.

Pyroforic liquids that become self-igniting when exposed to air.

(c)

Flammable solid is any solid material, other than one classified as an explosive, which, under conditions incident to transportation, is liable to cause fires through friction, absorption of moisture, spontaneous chemical changes, 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; such as, not by way of limitation, but by way of example only, certain metallic hydrides, metallic sodium and potassium, and certain oily fabrics, processed meals, and nitrocellulose products.

(d)

Oxidizing material is a substance such as a chlorate, permanganate, peroxide, nitro carbo nitrate, or a nitrate that yields oxygen readily to stimulate the combustion of organic matter.

(e)

Acids and other corrosive liquids are those acids, alkaline caustic liquids, and other corrosive liquids which, when in contact with living tissue, will cause severe damage of such tissue by chemical action, or in case of leakage, will materially damage or destroy other freight by chemical action, or are liable to cause fire when in contact with organic matter or with certain chemicals.

(f)

Flammable compressed gas is any compressed gas that is so classified by Section 173.300 of the regulations of the Department of Transportation governing the transportation of dangerous articles in tank motor vehicles, dated September, 1967.

(g)

Nonflammable compressed gas is any compressed gas which is poisonous to human beings or which has asphyxiating or toxic effect to human beings.

(h)

Class "A" poisons are 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. This class includes, not by way of limitation, but by way of example only, bromacetone, cyanogen, cyanogen chloride containing less than 0.9 percent water, diphosgene, ethyldichlorarsine, hydrocyanic acid (see note of this paragraph), lewisite, methyldichlorarsine, mustard gas, nitrogen peroxide (tetroxide), phenylcarbylamine chloride, phosgene (diphosgene), nitrogen tetroxide-nitric oxide mixtures containing up to 33.2 percent weight nitric oxide.

Note— Diluted solutions of hydrocyanic acid of not exceeding five percent (5%) strength are not class "A" poisons.

(i)

Class "B" poisons are those substances, liquid or solid, including pastes and semi-solids, other than class "A" poisons, 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.

(j)

Radioactive materials include any nuclear or fissionable material, radioactive or waste that have external radiation requiring critical safety control.

(2)

For the purposes of this section "industrial wastes" are defined as a mixture of materials collected for reuse or resale collected for disposal containing one (1) or more hazardous materials as defined under section A(1).

B.

PROHIBITED DUMPING OR STORAGE

No industrial waste or hazardous materials, or other materials capable of polluting water wells, public or private, or of injuring crops, cropland, grass, and other vegetation, livestock or wildlife, or of injuring human health, or that of domestic animals, through the air or by direct contact, shall be emptied, dumped, stored, kept, held, or put into open pits, tanks, ditches, lagoons, earthen levees, or behind dikes within the territorial limits of the city or within its extraterritorial jurisdiction.

C.

BURNING

No industrial waste or hazardous materials shall be burned within the city or within the extraterritorial jurisdiction of the city, nor shall any of such materials be burned, whether within such areas or not, under such conditions that gaseous residue thereof capable of injuring plant life or irritating skin of human beings or affecting the health of human beings or of domestic animals, or of damaging or discoloring the surface of buildings is emitted and allowed to drift over or across the territorial limits of the city or any portion thereof.

D.

TRANSPORT

(1)

No person shall drive or permit to be driven over and along any street of the city, other than a state highway, Hwy. 6, FM Road 646, and Hwy. 1764, any truck or other vehicle containing industrial waste or hazardous materials without first having obtained from the city secretary and approval of mayor or council, a permit pursuant to an application signed by the owner or person having charge of such materials stating:

(a)

The ownership thereof.

(b)

The character of the materials, define types of material.

(c)

The place and manner at which and by which they are to be disposed of.

(d)

That such materials will not be disposed of in such manner as will violate the provisions of this section.

(e)

Number of loads or frequency estimate.

(2)

The fee for a permit required by this subsection shall be a minimum of five hundred dollars ($500.00) per year. Such permit shall remain in effect for one (1) year and may be renewed annually upon payment of the permit fee.

(3)

A permit issued under this subsection shall provide and the authority of the permittee shall be subject to the provisions that there shall be no transportation of industrial waste and hazardous materials as defined in subsection B hereof over and on city streets except in vehicles equipped with liquid-tight and securely attached tanks or containers in good condition and free of leakage at all times while in use.

(4)

Any vehicle transporting industrial waste shall be placarded on the front end, both sides, and rear with the words "DANGEROUS CHEMICALS" in red letters at least four inches (4") in height.

(5)

Every vehicle used for the transportation of any hazardous materials, regardless of the quantity being transported, or whether loaded or empty, shall be conspicuously and legibly marked on each side and the rear thereof in letters not less than four inches (4") in height on a background of sharply contrasting color as follows:

(a)

For vehicles used for the transportation of explosives, with a sign or lettering with the word "EXPLOSIVES".

(b)

For vehicles used for the transportation of flammable compressed gas, with a sign or lettering with the word "FLAMMABLE" or "COMBUSTIBLE".

(c)

For vehicles used for the transportation of oxidizing materials or acids and other corrosive liquids, with a sign or lettering with the word "CORROSIVE".

(d)

For vehicles used for the transportation of nonflammable compressed gas, class "A" poisons, with a sign or lettering with the word "POISON".

(e)

For vehicles used for the transportation of radioactive materials, with a sign or lettering with the word "RADIOACTIVE".

(6)

No operator of any truck used for the transportation of industrial waste or hazardous materials in bulk shall at any time leave such truck unattended upon any highway, street, or public thoroughfare within the corporate limits of the city, including sleeping, except for the purpose of eating meals or by reasons of nature.

(7)

Every tank truck, tank trailer, or semi-trailer granted a permit of approval shall be given a serial number by the city secretary, and such number shall be painted or placed in an approved manner on the tank truck, tank trailer, or semi-trailer as designated by the fire marshal or chief of police.

(8)

Subject to appeal within ten (10) days to the city council, a permit issued under this subsection may be revoked by the city upon a finding and determination by the council that the permittee has violated any of the provisions of this section on more than one (1) occasion, the second or any later violation having occurred after written notice that such previous violation had occurred, mailed to the address of the permittee shown on his application.

E.

HAULING LIMITED TO CERTAIN HOURS

Hauling on the city streets under a permit required by subsection D shall be limited to the hours of 7:00 a.m. to 7:00 p.m.

F.

INSPECTION OF HAULING EQUIPMENT

The chief of police and the fire marshal shall have the right to make periodic or spot inspections of the equipment and contents used by the holder of a permit required by subsection D.

G.

IDENTIFICATION OF STORAGE TANKS

All tanks used in the storage of industrial waste or hazardous materials shall be numbered with NFPA Coding System for identification purposes and the capacity, in gallons, shall be stated on each tank so used in such a manner that such numbering and capacity, the size of the numbers to be six inches (6") in height, may be seen and read.

H.

PENALTY

Any person violating the provisions of this section shall upon conviction, be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00). Each day such violation occurs shall be considered as a separate offense.

(Ordinance 05-80 of June 12, 1980)