(A) The following persons who use hazardous material must prepare, submit and maintain an 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 Oldham County which use hazardous materials, as classified by the Standard Industrial Classification (SIC) Code:
Classification | Business or Service |
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) |
5161–5199 | Specific categories in wholesale trade |
5541 | Gasoline service stations (retail trade) |
7011–7218 | Industrial and commercial launders 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 | Psychiatric hospitals except psychiatric in services |
(3) Those persons not covered in divisions (A)(1) or (A)(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 hulk storage of those chemicals for resale or commercial applications;
(2) Persons who handle hazardous materials otherwise regulated only at temporary construction sites;
(3) Persons who handle hazardous materials only in conjunction with residential use or property for noncommercial purposes; and
(4) Consumer products and foodstuffs packaged for distribution to and intended for use by general public. This refers to ingredients used in production of foodstuffs, which are regulated, by the Federal Food, Drug and Cosmetic Act, as amended.
(C) Required HMPC Plan elements. The administering agency shall provide forms with the necessary instructions and requirements for completing HMPC Plans in compliance with this chapter. The HMPC Plans will include, but not be limited to:
(1) Facility identification;
(2) Spill history;
(3) Identification of hazardous materials (HM) storage, in-plant transfer, process and materials handling areas, and hazardous materials truck, rail car and/or vessel loading and unloading areas;
(4) Description of plant site runoff from parking areas described in division (C)(3) above, including in-place containment appurtenances (e.g., dikes) and means of releasing rainwater from those 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 the County Emergency Management Agency;
(8) Provisions for training of personnel in the utilization of contingency plans;
(9) Security provisions;
(10) Provisions for inspections, spill report preparation and records retention;
(11) Schedule (with actual dates or milestones) for Plan elements yet to be implemented, with provisions for reporting progress to the administering agency;
(12) Provisions for periodic review and amendments to the Plan;
(13) Certification of the Plan by a registered professional engineer or an officer of the company; and
(14) For the purposes of this section, only one plan need be submitted by the owner of electrical equipment at multiple locations when the equipment contains hazardous materials as a coolant, lubricant or insulation for the operation of the equipment. Divisions (C)(3) and (C)(5) above shall not apply to single plans authorized under this division (C).
(D) Plan submittal deadlines. Those persons and facilities required to submit a HMPC Plan under this chapter shall submit those plans in duplicate to the administering agency within 180 days following the effective date of this chapter; provided, however, that persons required to submit HMPC Plans may request in writing for extensions of time where the complexity of the operations involved require additional time in which to complete the plans. When granted by the administering agency, the extensions of time shall be for periods of 30 days, renewable thereafter for like periods until January 1, at which time all HMPC Plans shall have been submitted to the administering agency for review.
(E) Review and approval of Plan. The HMPC Plan shall be reviewed by the administering agency, the Fire Department having jurisdiction, and, where appropriate, the Local State District Health Department, any sanitation district operating within the county, or other local agency with appropriate authority; however, final administrative action on the HMPC Plan shall be taken by the administering agency. Upon submission of the HMPC Plan or the granting of time extension in accordance with division (D) above, the person submitting the Plan shall be presumed to be in compliance with this section pending final approval of the Plan. HMPC Plans which do not provide the necessary information or are otherwise defective shall be rejected and returned to the person submitting the Plan for revision and resubmittal.
(F) Appeals. Any rejection or denial of approval of an HMPC Plan by the administering agency may be appealed to the governing body of the jurisdiction in which the facility for which the Plan is submitted is located. As soon as practicable following receipt of notice of the appeal, the governing body shall conduct a public hearing into the matter, and after consideration of all evidence and testimony relative to an appeal, shall, by majority vote, uphold the finding of the administering agency or may modify the requirements of the HMPC Plan for the particular facility as it may deem appropriate so long as the modifications are in compliance with the intent of this chapter which is to promote and secure protection of human health, property and the environment against present or potential hazards occasioned by the uncontrolled release of hazardous materials into the environment.
(G) Updates, revisions and changes. A new or modified HMPC Plan may be required and submitted to the administering agency when any person institutes the use of a new process or change in its manufacturing or processing facilities, or when there is significant change in its existing operations or wastewater constituents or characteristics.
(H) Training and educational programs.
(1) Each employer who uses 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 employees. This training and education 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 a part of the HMPC Plan for the facility.
(2) The administering agency shall have the authority to require different frequencies of training for industries with frequent spills and/or spill histories.
(Ord. 02-340-72, passed 11-18-2002)