For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
HAZARDOUS WASTES. Any material defined in the Hazardous Materials Table found at 49 C.F.R. § 172.101, promulgated under the “Federal Hazardous Materials Transportation Act, being 49 U.S.C. §§ 5101 through 5128;” and also defined at 40 C.F.R. part 260, promulgated under the “Federal Resource Conservation and Recovery Act, being 42 U.S.C. §§ 6901 et seq.”; and as defined in state regulations at 401 KAR 039.005(38) pursuant to KRS 224.1-101(30)(b).
(1992 Code, § 94.01) (Ord. 2-84, passed 1-12-1984)
(A) No person, firm or corporation shall deliver for sale, use or storage; or transport by truck, semi-trailer or tank truck, within the city any hazardous wastes defined in § 93.01, in quantities exceeding those outlined in § 93.01, without a permit from the Police Chief and local Fire District authorizing such transportation, following a determination that no practical alternate route to passage through the city exists.
(B) Application for a permit shall be made on forms prescribed by the city and shall contain such information as shall be required.
(C) Unless otherwise provided, every permit and renewal thereof shall be for a period to be determined by the Police Chief and local Fire District, but in no case shall exceed one year.
(D) The permit is revocable and not transferable to a new ownership, and in the case of a change of ownership of the truck, the new owner shall obtain a new permit.
(E) The city permit card must be carried at all times in the cab of the truck or tractor in a cardholder, and on demand of a representative of the local Fire District or Police Department, shall be produced for inspection of the vehicle.
(F) It shall be unlawful for any person to sell, give away or deliver hazardous wastes in quantities requiring a city permit to another person, unless the latter has secured from the Police Chief and local Fire District a permit issued pursuant to this chapter.
(1992 Code, § 94.02) (Ord. 2-84, passed 1-12-1984) Penalty, see § 93.99
(A) Full-type trailers (any vehicle without its own motive power, no part of which rests on the towing vehicle, but which is drawn by a motor vehicle) shall be prohibited for the transportation or delivery of hazardous wastes in the city.
(B) Interstate or intrastate transportation of hazardous wastes through the city, with no pickup or delivery in the city, shall be only in accordance with routes and times as prescribed by the Police Chief and local Fire District. Said routes shall be those most direct and through areas least inhabited and said times shall never be during the curfewed rush hours, between 6:00 through 10:00 a.m. and 3:00 through 9:00 p.m.
(C) Interstate or intrastate transportation of hazardous wastes are banned in the public interest unless the vendor can show that no practical alternative route to passage through the city exists or that a critical emergency requires delivery in the city. Any truck shipment so authorized shall conform to routes, times and safety conditions specified by the Police Chief and local Fire District, and all provisions of the state statutes concerning vehicle equipment shall be complied with.
(1992 Code, § 94.04) (Ord. 2-84, passed 1-12-1984) Penalty, see § 93.99
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