§ 52.19 EXTREMELY HAZARDOUS SUBSTANCE FACILITY EMERGENCY RESPONSE PLANS.
   The   must prepare, submit to the administering agency and to the fire department having jurisdiction, and maintain a hazardous materials extremely hazardous substance emergency plans (EHSFER) plan):
   (A)   All federal, and local government agencies which hazardous materials in ;
   (B)   All required by Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986 (Pub. L. 99-499) and/or law, to report to the Kentucky Emergency Response Commission (KERC) and to the Northern Kentucky Emergency Planning Committee (NKEPC) for the jurisdiction pursuant to the said Pub. L. 99-499; and
   (C)   Those not covered under division (A) or (B) above who hazardous materials be required to file a EHSFER plan if the administering agency finds it necessary to protect the health and safety of the public or of emergency services providers responding to a in the event of a of such hazardous materials.
   (D)   Exemptions.
      (1)    who handle agricultural chemicals in the ordinary course of agricultural operations, providing said operations are taking place on property owned by such , other than warehousing or bulk storage of such chemicals for resale or commercial application;
      (2)    who handle hazardous materials only in conjunction with residential use or property for noncommercial purposes; and
      (3)    and foodstuffs packaged for distribution to and intended for by the general public. (This exemption is intended to apply only to ingredients used in production of foodstuffs which are regulated by the Federal Food, Drug and Cosmetic Act, as amended).
(Ord. O-17-95, passed 11-1-95; Am. Ord. O-08-16, passed 8-18-16) Penalty, see § 52.99