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ARTICLE V. HAZARDOUS MATERIALS TRANSPORTATION
The purpose and intent of the article is to protect the public health, safety, and welfare from the potential hazards of fire, explosion, and exposure to toxic substances that accompany a hazardous materials incident by regulating the transportation of hazardous materials in and through the city.
(Ord. No. 1.85, § 1, 2-19-85)
This article shall apply to all hazardous materials as defined herein which are transported in and through the city, and shall be in addition to all other sections of this Code, and all other provisions of the city ordinances regarding hazardous substances or materials, or any rules or regulations of other city departments, boards, or commissions pertaining thereto.
(Ord. No. 1.85, § 2, 2-19-85)
(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly requires a different meaning:
"CHEMICAL WEAPON." An instrument of offensive or defensive combat, which is loaded with liquid or gaseous substances designed to inflict injury on human beings as a result of exposure to said substances.
"TOXIC WASTE." A waste product intended for incineration, destruction or storage in Madison County, Kentucky, which because of the toxic or hazardous properties it exhibits or because it is a radioactive material represents a significant risk to the public health and safety as a result of accidental spill, exposure, or contamination.
(B) It shall be unlawful to transport chemical weapons or toxic waste anywhere within the corporate limits of the city.
(Ord. No. 29.84, §§ 1, 2, 1-8-85)
(A) Title 49 of the Code of Federal Regulations, Sections 171 through 199, governing the transportation of hazardous materials in commerce are hereby adopted by the city to ensure the application of those requirements to transportation through the city. Primary enforcement responsibility shall remain with the U.S. Department of Transportation.
(B) When any provision of this article is found to be in conflict with the regulations adopted in subsection (A), the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.
(Ord. No. 1.85, § 3, 2-19-85)
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