CHAPTER 7

 

TRANSPORTATION OF HAZARDOUS MATERIALS, ARTICLE III

 

A. SELECTED DEFINITIONS

 

Incidental to Transportation refers to any storage or handling which may occur between the time a hazardous material is offered for transportation to a carrier until it reaches its intended destination and is accepted by the consignee. This includes storage or handling of a hazardous materials shipment during this time period at a carrier's terminal, consolidation, or storage facility, on a dock area waiting for loading, in a parked vehicle or at 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 the end user is considered incidental to transportation. If the shipment is consigned by the offerer to a consignee which is a storage facility rather than to an end user, then the 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.

 

B. VEHICLES USED IN HAZARDOUS MATERIALS TRANSPORTATION

 

Vehicles Used in Hazardous Materials Transportation 33-31.1

 

Vehicle Safety: Any vehicle, that is used for the transportation of hazardous materials, and which constitutes a clear and present danger to public safety and the environment due to unsafe loading, operation or mechanical defect, shall be prohibited from operation on any public road within the City of Laredo. The Police shall take all reasonable means to prevent such vehicles from operating on the road.

Vehicle Permits, Licenses, Certifications and Inspections: All vehicles used in the transportation of hazardous materials and/or waste must be maintained in proper, safe, working condition and must be properly permitted, licensed, certified and inspected as required by the U.S. Department of Transportation and Texas Department of Public Safety.

Load Segregation: All loads of hazardous materials or wastes shall be properly segregated within the transport vehicle. At no time shall hazardous materials be loaded transported or stored together, except as provided in 49 CFR Part 177.848 and its appendices and tables.

Loads Secured: All dry loads shall be blocked and braced to avoid spillage and all 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 hazardous materials shall be loaded and unloaded in conformance with 49 CFR Part 177 .

Employee Training: All drivers engaged in the operation of vehicles used to transport hazardous materials shall be trained in accordance with the standards set forth in 49 CFR Part 177.800 and 49 CFR Parts 390 ‑ 397.

Hazardous Materials Incidents During Transport: In the event that a hazardous materials incident should occur while any hazardous material is being transported within the city limits of the City of Laredo, the transporter shall:

  1. Immediately notify the local or state police or county sheriff or the local fire department; and

  2. Comply with the notification requirements set forth in 49 CFR Part 171.15; and

  3. In the event of a hazardous materials incident, all transporters must complete and file a detailed incident report as required by 49 CFR Part 171.16. A copy of the incident report shall be forwarded to the Fire Department within thirty (30) days of the incident.

 

C. HAZARDOUS MATERIALS SAFE TRANSPORTATION ROUTES 33-32

 

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.

These routes shall be designed to minimize, and where possible, eliminate the threat of human casualty, loss or damage to property and damage to the environment in the event of a release, spill or discharge from any vehicle engaged in the transport, transfer or handling of hazardous materials and wastes. The City of Laredo shall consult with the appropriate federal and state authorities to devise, develop and implement a program to enforce and ensure compliance with this section.

 

D. RAILROAD TRANSPORTATION (RESERVED) 33-33

 

E. INSPECTION OF RADIOACTIVE SHIPMENTS (RESERVED) 33-34