(A) Applicability. The following parties that use hazardous materials must prepare, submit to MSD, and maintain a "Hazardous Materials Use and Spill Prevention Control Plan":
(1) All federal, state, and local government entities in Louisville Metro that use hazardous materials; and
(2) All of the following businesses or services in Louisville Metro that use hazardous materials, as classified by the Standard Industrial Classification (SIC) code:
0782 Lawn and garden services
2011-3999 Manufacturing
4011-4953 Transportation, communication and public utilities
5043 Photograph equipment and supplies (wholesale trade)
5085 Industrial supplies (wholesale trade)
5161-5199 Specific categories in wholesale trade
5541 Gasoline service stations (retail trade)
7011-7218 Industrial and commercial launderers, etc. in services
7342 Disinfecting and exterminating services
7395 Photofinishing laboratories in services
7512 Passenger car rental in services
7513 Truck rental and leasing
7538-7549 Automotive repair shops and auto services in services
8062 General medical and surgical hospitals in services
8063 Psychiatric hospitals in services
8069 Specialty hospitals except psychiatric in services
(3) Those parties not covered in subsections (A)(1) or (A)(2), above, who use hazardous materials may be required to submit a HMPC Plan if the administering agency finds it necessary in order to protect the public health and safety.
(4) The administering agency shall not require an HMPC Plan or amendments to an existing plan for those hazardous materials added to this ordinance by adoption of the "extremely hazardous substances" list pursuant to 302(A) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) until such time as the reporting format under SARA and under this chapter have been reconciled.
(B) Exemptions from Plan filing requirements. The following parties are exempt from the HMPC Plan filing requirements under this section:
(1) Parties that handle agricultural chemicals in the ordinary course of agricultural operations other than warehousing or bulk storage of such chemicals for resale or commercial application.
(2) Parties that handle hazardous materials only at temporary construction sites in existence for six months or less.
(3) Parties that handle materials only in conjunction with residential use of property for non-commercial purposes.
(4) Parties that handle consumer products and foodstuffs packaged for distribution to and intended for use by the general public. This refers to ingredients used in production of foodstuffs which are regulated by the federal Food, Drug and Cosmetic Act, as amended.
(5) Parties that handle materials for retail sale; provided that any portion of materials stored in bulk storage at a retail sale site used for repackaging, and such bulk storage meets or exceeds a reportable quantity is subject to the requirements of this section.
(7) Any party obtaining another exemption based on specific application to the administering agency, provided that such element, compound, mixture, solution or substance to be considered for exemption, when released into the environment, will not present a danger to the public health or welfare or the environment or to the employees of any party or the general public.
(8) Parties that do not handle hazardous materials in reportable quantities, provided that the administering agency may require a plan under such conditions as set forth in subsection (A)(3) above.
(C) Requirements for HMPC Plan. The administering agency shall provide forms with the necessary instructions and requirements for completing HMPC Plans in compliance with this chapter. The HMPC Plan will include but not be limited to:
(1) Facility identification;
(3) Identification of hazardous material (HM) storage, in-plant transfer, process and materials handling areas and hazardous material truck and rail car loading and unloading areas;
(4) Description of plant site runoff from areas described in subsection (C)(3), including in-place containment appurtenances (for example, dikes) and means of releasing rainwater from such areas;
(5) Other means of spill prevention, control and countermeasure of all listed hazardous materials, such as containment or detection equipment and absorbent materials;
(6) Provisions for the operation and maintenance of all items described in subsection (C)(5);
(7) Contingency plans, including spill notification procedures for both internal personnel as well as outside authorities, including MSD;
(8) Provisions for the training of personnel in the utilization of subsection (C)(7);
(10) Provisions for inspections, spill reports preparation, and records retention;
(11) Schedule (with actual dates or mile-stones) for plan elements yet to be implemented, with provisions for reporting progress to MSD;
(12) Provisions for plan review and amendment submission;
(13) Certification of plan by an officer of the submitting party, or written designee; however, any activity which can be defined as engineering or the practice of engineering by KRS 322.010 shall be performed by a registered professional engineer, licensed to practice in the Commonwealth unless otherwise exempted by KRS Chapter 322;
(14) For purposes of this section, one plan may be submitted by the owner of electrical equipment at multiple locations when such equipment contains materials used either as a lubricant, coolant, or insulation for the operation of such equipment; subsections (C)(3) and (C)(4) above shall not apply to single plans authorized under this chapter.
(D) Amended reportable quantities. HMPC Plans submitted as part of an MSD Wastewater Discharge Permit may provide for amended reportable quantities for releases, provided that such amendments are approved by the administering agency and the requesting industry has a good safety record relating to hazardous materials use.
(E) Review and approval of plan. The HMPC Plan shall be reviewed by MSD and the Public Health and Wellness Department, Fire Chief, and any other local agency with appropriate authority; however, final administrative action on the HMPC Plan shall be taken by the administering agency. Upon submission of the HMPC Plan, the party submitting the plan shall be presumed to be in compliance with this section pending final review of the plan. HMPC Plans which do not provide necessary information or are otherwise deficient shall be rejected and returned to the party submitting the plan for revision and resubmittal.
(F)
Appeals. Any rejection or denial of approval of a HMPC Plan may be appealed to the Appeals and Overseer Board pursuant to §
95.13.
(G) Updates, revisions, and changes. A new or modified HMPC Plan may be required and submitted to the administering agency when any party institutes the use of a new process or change in its manufacturing or processing facilities or when there is a significant change in its existing operating or wastewater constituents or characteristics.
(H) Training and education programs.
(1) Each employer or employee who uses hazardous materials as herein defined and who is required to prepare a HMPC Plan shall be required to have an initial and ongoing safety and accident prevention training program for all such employees. This training and education program shall include but not be limited to appropriate work practices, protective measures, and emergency procedures. The details and frequency of the training program should be provided as part of the HMPC Plan for the facility as provided in subsection (C)(8).
(2) The administering agency shall have the authority to require different frequencies of training for industries with frequent spills and/or spill histories.
(I) Compliance. Facilities required to submit HMPC plans also must comply with any related permit requirements of the fire department or district with jurisdiction.
(J) Copy to be kept on site. Facilities with an approved HMPC Plan shall maintain a copy on site at all times and produce the Plan upon request from the administering agency or any responding agency.
(K) Posted copy. Facilities with an approved HMPC Plan shall post a copy of Attachment C of the approved HMPC Plan in a location that is accessible and visible by employees.
(L) Violation. It shall be a violation of this chapter for a party to fail to:
(1) Make available an approved HMPC Plan to all pertinent employees;
(3) Adequately train employees on HMPC Plan procedures; or
(4) Maintain spill prevention and control equipment in proper working order.
(1994 Jeff. Code, § 95.07) (Jeff. Ord. 17-1993, adopted and effective 7-7-1993) (1999 Lou. Code, § 99.15 - 99.22) (Lou. Ord. No. 188-1985, approved 8-26-1985; Lou. Am. Ord. No. 163-1988, approved 6-20-1988; Lou. Ord. No. 86-1993, approved 5-13-1993; Lou. Am. Ord. No. 247-1994, approved 12-14-1994; Lou. Metro Am. Ord. No. 121-2007, approved 7-2-2007)
Penalty, see § 95.99
