(A) Applicability. The following persons who use hazardous materials must prepare, submit and maintain a New Albany/Floyd County Hazardous Materials Use and Spill Prevention Control Plan, hereinafter referred to as the HMPC Plan:
(1) All federal, state and local government entities in the city and the county which use hazardous materials;
(2) All of the following businesses or services in New Albany and Floyd County which use hazardous materials, as classified by the Standard Industrial Classification (SIC) code:
SIC | Business/Services |
SIC | Business/Services |
0782 | Lawn and garden services |
2011-3999 | Manufacturing |
4011-4953 | Transportation, communication and public utilities |
5043 | Photograph equipment and supplies (wholesale trade) |
5043 | Photograph equipment and supplies (wholesale trade) |
5085 | Industrial supplies (wholesale trade) |
5161-5199 | Specific categories in wholesale trade |
5541 | Gasoline service stations (retail trade) |
7011-7218 | Industrial and commercial launderers and the like in services |
7342 | Disinfecting and exterminating services |
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 divisions (A)(1) or (2) above who use hazardous materials may be required to submit a HMPC Plan if the administering agency finds its 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 the chemicals for resale or commercial application;
(2) Persons who handle hazardous material otherwise regulated only at temporary construction sites;
(3) Persons who handle hazardous materials only in conjunction with residential use of property for noncommercial 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, being 21 U.S.C. §§ 301 et seq.;
(5) Retail sale; however, where a portion of the retail sale is used for bulk storage, then bulk storage is regulated;
(6) Liquor stores;
(7) Any other exemption based on specific application to the administering agency; provided that, the element, compound, mixture, solution or substance to be considered for exemption, when released into the environment will not present danger to the public health or welfare of the environment or to the employees of any person or the general public; and
(8) Persons who do not handle hazardous materials in quantities equal to or greater than the reportable quantities; provided that, the administering agency may require a plan under such conditions as set forth in division (A)(3) above.
(C) Requirements for HMPC Plan. The administering agency may provide forms with the necessary instructions and requirements for completing HMPC Plans in compliance with this chapter. The HMPC Plan will include, but not be limited to:
(1) Facility identification;
(2) Spill history;
(3) Identification of hazardous material (HM) storage, in-plant transfer, process and materials handling areas and hazardous material truck and rail car loading and unloading areas;
(4) Description of plan site runoff from areas described in division (C)(3) above, including in-place containment appurtenances (e.g., dikes) and means of releasing rainwater from the areas;
(5) Other means of spill prevention, control and countermeasure of all listed hazardous materials, such as containment or detection equipment and absorbent materials;
(6) Provisions for the operation and maintenance of all items described in division (C)(5) above;
(7) Contingency plans, including spill notification procedures for both internal personnel as well as outside authorities, including MSD;
(8) Provisions for the training of personnel in the utilization of division (C)(7) above;
(9) Security provisions;
(10) Provisions for inspections, spill reports preparation and records retention;
(11) Schedule (with actual dates or milestones) for Plan elements yet to be implemented, with provisions for reporting progress to MSD;
(12) Provisions for Plan review and amendment submission;
(13) Certification of Plan by a registered professional engineer or an officer of the company; and
(14) For purposes of this section, one plan may be submitted by the owner of electrical equipment at multiple locations used either as a lubricant, coolant or insulation for the operation of the equipment; divisions (C)(3) and (4) above shall not apply to single plans authorized under this section.
(D) Plan submittal/schedule. Those persons within the customer service area of the New Albany Sewer District, who are required by this section to prepare a HMPC Plan, shall be required to submit the completed HMPC plan in duplicate to the New Albany Sewer Department as a condition of a wastewater discharge permit. All others shall be submitted to the Floyd County Health Department. HMPC Plans will be submitted according to the following schedule:
Priority Group | Submission Date | Est. No. | Summary Description | SIC Ident. Nos. | Final Approval Date |
A | 12-1-1985 | 1000 | Gas stations; auto/truck rental; auto repair | 517; 554; 7512; 7513; 7538; 7539 | 4-1-1986 |
B | 4-1-1986 | 1100 | Chemical manufacturing; chemical storage; distilled storage; cleaning establishments; exterminating; medical supplies | 28X; 5086; 6516, 519; 721; 7342; 806; 807 | 8-1-1986 |
C | 6-1-1986 | 1700 | Textile dyeing and manufacturing; lumber cutting and wood printing/publishing industry; fabricated metals manufacturing; transportation equipment manufacturing; railroad services; transit companies; freight terminals; water transport; air transport; distilled beverage storage; photo supplies | 078; 21X; 22X; 24X; 27X; 29X; 34X; 37X; 40X; 41X; 423; 44X; 45X; 518; 7395 | 10-1-1986 |
D | 7-1-1986 | 400 | Food manufacturing; paper products manufacturing; rubber and plastic manufacturing; primary metal manufacturing; motor freight transport; hotels/ motels services; non-repair automotive services | 20X; 26X; 30X; 33X; 421; 422; 701; 754 | 11-1-1986 |
E | 9-1-1986 | 200 | Furniture and fixture assembly; stone, clay and glass manufacturing; machinery and equipment manufacturing (except transportation equipment); transportation services; communication services; electric, gas and rooming sanitary services; houses | 23X; 25X; 32X; 35X; 36X; 38X; 39X; 47X; 48X; 49X; 702 | 1-1-1987 |
NOTE: Priority Group A is highest priority for review and E is lowest | |||||
(E) Amended reportable quantities. HMPC Plans submitted as part of any wastewater discharge permit may provide for amended reportable quantities for releases provided the amendments are approved by the administering agency and the requesting industry has a good safety record relating to hazardous materials use.
(F) Review and approval of Plan. The HMPC Plan shall be reviewed by the New Albany Sewer Department and the Health Department, the Fire Department with jurisdiction, the Civil Defense Department and any other local agency with appropriate authority; however, final administration action on the HMPC Plan shall be taken by the administering agencies. Upon submission of the HMPC Plan, the person submitting the plan shall be presumed to be in compliance with this section pending final review of the Plan. HMPC Plans which do not provide necessary information or are otherwise deficient shall be rejected and returned to the person submitting the plan for revision and resubmittal.
(G) Appeals. Any rejection or denial of approval of HMPC Plan may be appealed to the Appeals and Overseer's Board pursuant to § 95.11.
(H) Updates, revisions and changes. A new or modified HMPC Plan may be required and submitted to the administering agency with jurisdiction, when any person institutes the use of a new process or change in its manufacturing or processing facilities, or when there is a significant change in its existing operation or wastewater constituents or characteristics.
(I) Training and educational programs.
(1) Each employer of employees who use hazardous materials, as herein defined, and who is required to prepare an HMPC Plan shall be required to have an initial and on-going safety and accident prevention training program for all such employees. This training and education program shall include, but not be limited to, appropriate work practices, protective measures and emergency procedures. The details and frequency of the training program should be provided as part of the HMPC Plan for the facility as provided in division (C)(7) above.
(2) The administering agency shall have the authority to require different frequencies of training for industries with frequent spills and/or spill histories.
(Ord. G-87-193, passed 7-6-1987)