(A) The following persons who use hazardous materials must prepare, submit and maintain a “Boone County Hazardous Materials Use and Spill Prevention Control Plan,” hereinafter referred to as “HMPC Plan”:
(1) All federal, state and local government agencies which use hazardous materials in reportable quantities;
(2) All of the following businesses or services within the county which use hazardous materials, as classified by the Standard Industrial Classification (SIC) Code:
Classification | Business or Service |
0782 | Lawn and garden services |
2011 - 3999 | Manufacturing |
4011 - 4953 | Transportation, communication and public utilities |
5043 | Photographic equipment and supplies (wholesale trade) |
5085 | Industrial supplies (wholesale trade) |
Classification | Business or Service |
Classification | Business or Service |
5161 - 5199 | Specific categories in wholesale trade |
5541 | Gasoline service stations (retail trade) |
7011 - 7218 | Industrial and commercial launders, etc., in services |
7342 | Disinfecting and exterminating service |
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 persons not covered in subdivisions (1) or (2) above who use hazardous materials may be required to submit a HMPC Plan if the administering agency finds it necessary to protect the public health and safety.
(B) Exemptions.
(1) Persons who handle agricultural chemicals in the ordinary course of agricultural operations other than warehousing or bulk storage of chemicals for resale or commercial applications.
(2) Persons who handle hazardous materials otherwise regulated only at temporary construction sites, except for fuel storage.
(3) Persons who handle hazardous materials only in conjunction with residential use or property for non-commercial purposes.
(4) 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.
(Ord. 340.8, passed 8-29-95) Penalty, see § 95.99