CHAPTER 1

 

APPLICABILITY

A.  WHO AND WHAT ARE AFFECTED?

Chapter 33, Environmental Protection, applies to all persons or entities involved with the  storage, handling, transfer, and/or transportation of hazardous materials within the limits of the City of Laredo.   A “person or entity” means an individual, firm, co-partnership, corporation, company, association, joint-stock association, including any trustee, receiver, assignee or similar representative thereof. 

A hazardous material means any substance or product which has been determined by the U.S. Secretary of Transportation to be capable of posing an unreasonable risk to health, safety and property when transported in commerce; or has been designated by the Occupational Safety and Health Administration to be hazardous, or for which a Material Safety Data Sheet is required to be prepared and maintained; or has been determined to be hazardous in compliance with the Environmental Protection Agency regulations; or is classified by the National Fire Prevention Association as a flammable liquid, a Class II combustible liquid or a Class III-A combustible liquid. 

 

 B.  WHAT IS NOT AFFECTED?

The Ordinance not apply to hazardous materials in retail products, or to animal feed, or to work station hazardous materials.  Retail products  are consumer products packaged for distribution and use by the general public, or commercial products used at the facility solely for janitorial or minor maintenance purposes.  Work station hazardous materials are those located at a work station in a quantity reasonably required for use in such work.

 

 C.  TYPES OF FACILITIES EXPLAINED

Under the Ordinance, there are three general types of storage facilities – long term, short term, and temporary.  A  long term storage facility classification applies to all long term storage facilities where any hazardous material is placed in, on, or about the storage facility.  There are three types of long term storage facilities: NEW, EXISTING, and MINIMAL.  Long term storage facility requirements are found in  33-18.16.A.   

A short term storage facility means a storage facility containing hazardous materials that are incidental to transportation. Short term storage facility requirements are found in  33-18.16.B.

A temporary storage facility means any storage facility containing hazardous materials for a limited time period, and where the hazardous materials are not stored or handled incidental to transportation.  Temporary storage facilities include, but are not limited to, such activities as construction sites, emergency remediation sites, and other sites where hazardous materials activities may be conducted for periods of limited duration.  The term “temporary storage facility” does not apply to any vehicle which contains hazardous materials covered by active shipping papers.  Temporary storage facility requirements are found in  33-18.16.C.

 

D.  SELECTED DEFINITIONS

Hazard class means the category of hazard assigned to a hazardous material as defined under the criteria of 49 CFR Part 173 and the provisions of the table included at 49 CFR Part 172.101.   A material may meet the definition criteria for more than one hazard class, but is assigned to only one hazard class.

 Hazardous material means any substance or product collectively or individually which has been determined by the U.S. Secretary of Transportation to be capable posing an unreasonable risk to health, safety, and property when  transported in commerce, and which has been so designated.  The definition includes the categories hazardous substance, hazardous waste, marine pollutant, and elevated temperature material as defined in 49 CFR  §171.8. The Department of Transportation lists hazardous materials in table form at 49 CFR Part 172.101, and its Appendices.  The defining criteria for hazard classes and divisions are given in 49 CFR Part 173. 

The term “hazardous materials” includes materials on the list of EPA pollutants at 40 CFR Part 141.15, as amended; or listed in 40 CFR 261.4, as amended; or classified by the National Fire Protection Association (NFPA) or under the Standard Fire Prevention Code as either a flammable liquid, a Class II combustible liquid or a  Class IIIA combustible liquid; or determined to be hazardous based upon any assessment by or on behalf of the party storing this  material; or designated by the Occupational Safety and Health Administration to be hazardous; or for which an MSDS  is required to be prepared and maintained; or determined by the party storing it to be likely to create a significant potential or actual hazard to public health, safety or welfare.

Hazardous Substance shall mean any material, including its mixtures and solutions, that is listed in 49 CFR Part 172.101, Appendix A in a quantity which in one package meets and/or exceeds the listed reportable quantity (RQ); and when in a mixture or solution, is in a concentration by weight that equals or exceeds 10% for materials with an RQ of 5000 #; 2% for materials with an RQ of 1000 #, 0.2% for a material with an RQ of 100 #, 0.02% for a material with an RQ of 10 #, or 0.002% for a material with an RQ of 1 #. (defined at 49 CFR 171.8)

Hazardous Waste means any material, substance, by‑product, spent, obsolete or used chemical or chemical compound which meets the standards for classification of a hazardous waste as defined in 40 CFR 261;  or an acutely hazardous waste (40 CFR 261.31; 261.32; or 261.33(a)).  Further, hazardous waste shall mean any material subject to the U.S. EPA Hazardous Waste Manifest Requirements specified in 40 CFR Part 262 and 49 CFR Part 171.

Hazard Zone means one of four levels of hazard (Hazard Zones A through D) assigned to gases, as specified in 49 CFR Part 173.116(a), and one of two levels of hazards (Hazard Zones A and B) assigned to liquids that are poisonous by inhalation as specified in 49 CFR Part 173.133(a).  A hazard zone is based on the LC5O value for acute inhalation toxicity of gases and vapors, as specified in 49 CFR Part 173.133(a).

Hazmat employee means any person who is employed by a hazmat employer and who, in the course of employment, directly affects hazardous materials.  This term includes any individual, including a self employed or employed by contract individual,

• who during the course of employment, loads, unloads, offers for transportation, or handles hazardous materials and/or wastes; or

• who tests, reconditions, repairs, modifies, marks or otherwise represents containers, drums or packaging as qualified for use in the transportation and/or storage of  hazardous materials or waste; or

• who prepares hazardous materials and/or wastes for transportation and/or storage; or

• who is responsible for the safe handling, use, storage and transportation of hazardous materials and/or wastes; or

• who operates a vehicle used to handle and/or transport hazardous materials and/or waste; or

• who handles or performs a task directly related to the treatment, storage or disposal of hazardous wastes.

Hazmat Employer means any person or entity who uses one or more of its employees or contractors in connection with:

• handling, use, storage and transportation of hazardous materials and/or wastes; or

• testing, reconditioning, repairing, modifying, marking, or otherwise representing containers, drums or packaging as qualified for use in the transportation and/or storage of hazardous materials or wastes; or

• loading, unloading, offering for transportation or handling hazardous materials and/or wastes; or

• preparation of hazardous materials and/or wastes for transportation and/or storage; or

            • for the safe handling, use, storage and transportation of hazardous materials and/or waste; or

            • operation of a vehicle used to handle and/or transport hazardous materials and/or wastes; or

            • operation of any facility, equipment, or site which treats, stores, disposes or otherwise processes any hazardous wastes .

 LC  means a lethal concentration; LC 50 refers to a concentration that is lethal to 50% of the animals tested.

Marking means a descriptive name, identification number, instructions, cautions, weight, specification, placards, labels or UN marks, or combinations thereof as defined in 49 CFR Part 171.