COURSE: Guidance Manual Training      

SUBJECT: Lesson 7      Transportation of Hazardous Materials; Inspections; Enforcement & Miscellaneous


DATE PREPARED:        8/3/99; edit 9/24/99; 10/31/99

TRAINING AIDS: Overhead transparencies,  Projector

OBJECTIVES: Discuss HM Transportation topics not previously covered; discuss misc. Inspection and Enforcement Items




    Main Points


                                       Instructor Comments






OH #1


Title Page and Introduction








OH #2




Incidental to Transportation refers to

Storage or handling that occurs between time a HM is offered for transportation until it reaches its intended destination and is accepted by the consignee. It includes:

• storage or handling of HM shipment during this time at carrier's facility;

• on a dock area waiting for loading;

• in a parked vehicle; or

• any time storage or handling is incidental to transportation.  


If a shipment is offered for transportation, then

• any storage or handling between offering and delivery to end user is  incidental to transportation.


If the shipment is consigned by offerer to a consignee which is a storage facility rather than to an end user,

• then shipment is out of transportation once received and unloaded at the storage facility, and this storage is not considered to be incidental to transportation even though it will be offered for transportation again at a future date.


Segregation of Hazardous Materials shall the same meaning as given in 49 CFR  §177.848 and any table or appendix thereto.






OH #3


Vehicles Used in HM Transportation 33-31.1


Vehicle Safety


Vehicle Permits, Licenses, Certifications and Inspections


Vehicles Used in Hazardous Materials Transportation

Vehicle Safety:

Any vehicle used for transportation of HM, and which danger to public safety and environment due to unsafe loading, operation or mechanical defect, is prohibited from operation on any public road within Laredo.


Vehicle Permits, Licenses, Certifications and Inspections:  

All vehicles used in transportation of HM and/or hazardous waste must be maintained in proper, safe, working condition, and must be properly permitted, licensed, certified and inspected as required by U.S. DOT and Texas Department of Public Safety.






OH #4


Vehicles Used in HM Transportation 33-31.1


Page 2




Vehicles Used in HM Transportation, Con’t

Load Segregation:

Loads of HM or wastes must be properly segregated within transport vehicle.  At no time shall HM be loaded transported or stored together, except per 49 CFR Part 177.848 and its appendices and tables.

Loads Secured:

Dry loads shall be blocked and braced to avoid spillage.

Tankers shall have seals and valves inspected for signs of damage or leakage prior to leaving the premises and before entering the public right-of‑way.

Loading and Unloading:

All vehicles engaged in the transportation of HM shall be loaded and unloaded per 49 CFR Part 177 .

Employee Training:  

All drivers engaged in the operation of vehicles used to transport HM shall be trained in per 49 CFR Part 177.800 and 49 CFR Parts 390 ‑ 397.

Hazardous Materials Incidents During Transport:

In the event a HM incident should occur while any HM is being transported within the city limits of Laredo, the transporter shall:

• Immediately notify the local or state police, sheriff or the LFD; and

• Comply with the notification requirements in 171.15; and

• transporters complete and file a detailed incident report as required by 171.16. 

• Forward a copy of the incident report to LFD within 30 days of incident.






OH #5


Safe Transportation Routes and Corridors


Development of Safe Transportation Routes and Corridors.   33‑32.1             The City of Laredo shall develop safe routes of transportation and shipping for all vehicles transporting hazardous materials and waste to, from or through the City.






OH #6


Inspections And Enforcement



Fire Department Inspections.33‑21.1  

LFD may inspect or cause to be inspected any storage facility for the purpose of ascertaining compliance with Ordinance. The officer will determine if there is a deficiency in the storage facility which needs to be corrected because it violates Ordinance.

Right of Entry 33‑21.2

If LFD officer

• needs to investigate or enforce Ordinance

• or believes a violation of this article exists

officer may enter such structure or premises at all reasonable times provided that if such structure or premises be occupied the officer shall first present proper credentials and request entry.


If structure or premises is unoccupied, officer shall first make a reasonable attempt to contact a responsible person from such firm or corporation and request entry, except in emergency circumstances. 

 If such entry is refused, the officer seeking entry shall have recourse to every remedy provided by law to secure entry.






OH #7




Enforcement Applicable to all Facilities  33-21.3

The enforcement provisions set forth in this §33-21 are applicable to all facilities, activities covered by this article to the extent allowable by law.

Violation and Penalties  33-21.4

Criminal Penalties. 

Violations of this article shall be treated as an infraction, and shall, upon conviction, be punishable by a fine not more than two thousand dollars ($2000.00) per violation.

            Civil Penalties. In addition to any criminal enforcement the City or any individual may pursue any available civil remedies deemed appropriate and necessary.

State Laws.  In addition to the civil and criminal penalties stated in this section, persons found to be in violation of the provision(s) of the Texas State law(s) governing protection of the environment may be prosecuted and/or fined to the maximum extent allowable by law.


Remedies not exclusive  35-21.5  

Remedies under this section are in addition to and do not supercede or limit any and all other remedies, civil or criminal, provided by law.






OH #8





Hazardous Materials Records  33-22.1

Hazardous Materials Records System. The HMMPO shall create a system to collect and maintain all information required to be submitted by this article all reports, all approvals, all permits issued and any condition attached thereto in an orderly manner.

Facility Indexing System.   LFD shall devise an indexing system which will list, according to street addresses, all the permitted storage facilities, the permittee name for the particular storage facility, the company name for the business located at that address and the particular storage facility's ERP.

Copies to City Departments.   The HMMPO shall immediately make available a copy of each hazardous materials permit issued pursuant to this article if a copy is requested by the Health Director or his/her authorized representative(s).






OH #9




Public Records  33-22.2

Open Records.   All information required by this chapter shall be subject to public disclosure pursuant to the Texas Open Records Act, or if disclosure is ordered by a court of competent jurisdiction.


The availability of information about HM used by a private permittee and the plant design, layout and the volume and location of the materials used by the permittee may be excepted from disclosure pursuant to Texas Attorney General Open Records Decision No.554 if the facts are applicable and if allowed by law.


Fire Department to Notify Other Agencies  33-22.3

The Fire Department shall notify DOT of any violations of federal transportation laws or regulations discovered during the course of any inspection or ER to any short term storage facility.






OH #10




Disclaimer of liability  33-22.4

The degree of protection required by this article is considered reasonable for regulatory purposes.  


The standards set  forth herein are minimal standards and this article does not imply that compliance will ensure that there will be no unauthorized discharge of HM.


 This article shall not create liability on the part of the City, any officer or employee thereof for any damages that result from reliance on this article or any administrative decision lawfully made thereunder. 


All entities handling, storing, using, processing and disposing of HM within the City are advised to determine to their own satisfaction the level of protection in addition to that required by this article necessary or desirable to ensure that there is no unauthorized discharge of HM.


This article is not intended to create any different standard or obligation for the storage of carcinogens than is imposed for the storage of other HM.


Inspections by the Fire Department.   Nothing in this article shall be construed to hold the City or any officer, employee or representative of the City responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection.






OH #11




Guidelines  33-22.5 

Guidelines for this article shall be drafted by LFD and shall be maintained in the office of the City Clerk.  Such guidelines shall serve as an interpretation of this article.


Duties are discretionary  33-22.6  

Subject to the limitations of due process, notwithstanding any other provision of this code, whenever the words "shall" or "must" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.


Conflicts with other laws  33‑22.7

Notwithstanding any other provision of this article, a storage facility or vehicle regulated by any state or federal agency will be exempt from any conflicting provision of this article.

Notwithstanding any other provision of this article, whenever any provision of this article conflicts with the fire code as adopted by City, the stricter provision shall prevail.

Effective the date of enactment of this article, whenever any provision of this article conflicts with any provision set forth by the TNRCC, EPA or DOT or any regulation adopted pursuant thereto, the state law and/or federal regulation shall control.






OH #12


Summary & Questions