(A) Notice upon discovery.
(1) Whenever a hazardous material incident occurs (other than an authorized release) on facilities of any kind, the party in charge (or a responding agency) upon discovery or confirmation of such hazardous materials incident shall immediately cause notice of the existence of such hazardous materials incident, the circumstances of same, and the location thereof to be given by telephoning "911".
(a) Such notice is required when the circumstances and conditions on site are such that the individuals enumerated above either knew, or should have known that a hazardous materials incident occurred.
(b) The notice via "911" shall serve as notification to all local agencies to which notification is required by KRS 39E.190, but shall not relieve the responsible party of any other notifications required by this chapter, or other laws or regulations.
(B) Duty to control hazardous materials incident. The requirements of this section shall not be construed to forbid any party on or about the facilities from using all diligence necessary to control such hazardous materials incident prior to the notification via "911", especially if such efforts may result in the containment of the hazardous materials incident and/or the abatement of extreme hazard to the employees or the general public. Delays in reporting hazardous materials incidents due to in-house notification of off-site owners/supervisors shall not be acceptable and may result in penalties.
(C) Air releases.
(1) Accidental air releases in excess of the reportable quantities listed in 40 CFR 302.4 or, if unlisted, as prescribed by § 95.04 (releases that are required to be reported to state and federal authorities) shall be reported under the requirements of this section unless a different reportable quantity has been established under an approved HMPC Plan for the particular facility.
(2) In order to insure compliance with the notice requirement of § 95.06(A) , any party required to prepare and submit an HMPC Plan for a facility, pursuant to § 95.07, who possesses or stores at such facility hazardous materials that are a gas at standard temperature and pressure in quantities equal to or greater than the reportable quantity, shall maintain at the facility a list of such materials. Any party required to maintain a list pursuant to this section may, in lieu thereof, incorporate such list in its HMPC Plan. Any list maintained pursuant to this section shall, upon request, be made available at the facility to representatives of the administering agency and any responding agency.
(D) Threatened release.
(1) Whenever a threatened release occurs, as defined in § 95.03, the party in charge (or a responding agency), upon discovery of such threatened release, shall immediately cause notice of the existence of such threatened release, the circumstances of same and the location thereof to be given by calling "911".
(2) Such notice is required when the circumstances and conditions on-site are such that the parties enumerated above either knew, or should have known that the threatened release occurred.
(E) Duty to report to federal agencies. No statement contained in this section shall be construed to exempt or release any party from any other notification or reporting procedure required by any federal agency.
(1994 Jeff. Code, § 95.06) (Jeff. Ord. 17-1993, adopted and effective 7-7-1993; Jeff. Am. Ord. 8-1995, adopted and effective 4-11-1995) (1999 Lou. Code, § 99.11) (Lou. Ord. No. 188-1985, approved 8-26-1985; Lou. Am. Ord. No. 159-1987, approved 6-12-1987; Lou. Ord. No. 86-1993, approved 5-13-1993; Lou. Am. Ord. No. 247-1994, approved 12-14-1994; Lou. Metro Am. Ord. No. 121-2007, approved 7-2-2007) Penalty, see § 95.99