HAZMAT ORDINANCE
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HAZARDOUS MATERIALS/ CHEMICALS/SUBSTANCES/WASTES ORDINANCE (A)
It is the intent of this Ordinance to develop a data base of information
concerning the location and storage of hazardous materials, chemicals,
substances, and wastes in (B)
It is also intended to use this data base to protect the natural
environment and the general public through the monitoring of use and storage of
hazardous materials, chemicals, substances, and wastes within (C)
It is further intended to locate and identify those businesses that
should report hazardous chemicals/wastes, form site layout plans and assure
compliance with the Emergency Planning and Community Right-to-Know Act (EPCRA). SECTION 2. SCOPE. (A)
The regulations set forth herein shall apply to any facility located
within the jurisdiction of this Ordinance that is now or is proposed to be
located for any activities involving the manufacture, generation, handling or
storage of hazardous materials, chemicals, substances, and wastes. SECTION 3.
DEFINITIONS. (A) For the purposes of this
Ordinance, the following definitions shall apply: Hazardous Chemicals: Any chemical requiring a
Material Safety Data Sheet (MSDS) as defined under the Federal Occupational
Safety and Health Administration (OSHA) Hazard Communication Standard codified
at 29 CFR. Part 1910.1200. For the
purpose of this ordinance, the term Hazardous Chemical does not include: 1.
Any food, food additive, color additive, drug or cosmetic regulated by
the Food and Drug Administration. 2.
Any substance present as a solid in any manufactured item to the
extent exposure to the substance does not occur under normal conditions of use. 3.
Any substance to the extent it is used for personal, family or
household purposes or is present in the same form and concentration as a product
packaged for distribution and use by the general public. 4.
Any substance to the extent it is used in a research laboratory or a
hospital or other medical facility under the direct supervision of a technically
qualified individual. 5.
Any substance to the extent it is used in routine agricultural operations
or is a fertilizer held for sale by a retailer to the ultimate customer. 6. Any substance
or product that is exempt under OSHA regulations from the applicability of the
MSDS requirements (29 CFR. Section 1910.1200 (b)). Hazardous
Wastes: The list of wastes listed
by the U.S. Environmental Protection Agency (EPA) or the South Carolina
Department of Health and Environmental Control (DHEC) or meeting characteristics
specified by the EP A in their criteria pursuant to the Resource Conservation
and Recovery Act (RCRA) as defined in 40 CFR 261.3. Extremely
Hazardous Substances: Those materials designated
as such by the administrator of the EP A as listed in 40 CFR. Part 355. Hazardous Substances Any substance designated
under 40 CFR Part 116. Hazardous Materials Those materials as defined
in the Hazardous Materials Transportation Act of 1974,49 CFA, Part 172. Facility: All buildings, equipment,
structures and other stationary items that are located on a single site or on
contiguous or adjacent sites and which are owned or operated by the same person
(or by any person which controls, is controlled by, or under common control
with, such person). Facility shall include man-made structures as well as all
natural structures in which chemicals are purposefully placed or removed through
human means such that it functions as a containment structure for human use. The
private residence portion of a structure is not considered a facility. (B.) For
the purpose of registration, the following Reporting Categories are hereby
established and defined: Category A: Includes any facility which is subject to the
reporting requirements of Section 302 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) and stores an extremely hazardous
substance as listed by the EP A in a quantity greater than or equal to the
threshold planning quantity (TPQ). Category also includes any facility which is
required to report under Sections 311, 312 of SARA and stores any hazardous
material, chemical or substance in a quantity greater than or equal to 10,000
pounds. Category B: Includes any facility which
is required to submit a Hazardous Waste Report as determined by DHEC whether the
facility is or is not subject to SARA reporting requirements. SECTION 4. REPORTING
REQUIRED (A) The
frequency of the reporting requirements are the same as those for filing Section
311, Section 312 and/or Hazardous Waste Activity Reports. (B) Reporting
requirements for Category A facilities shall be in accordance with the
requirements as specified in the EPCRA. (C)
For purposes of this ordinance, reporting for the owners/operators of
Category B facilities shall consist of a copy
of the most recent report of hazardous
waste activity as filed with DHEC. This report is due using the same
schedule for filing these reports as required by DHEC. (D) Owners/operators
of facilities must file the appropriate reports with the Oconee County Emergency
Preparedness Agency for each category whose acceptance criteria applies. (E) Government
agencies are not exempted from compliance. (F) Registrations
are nontransferable. (G) All
owners/operators of facilities have 60 days to comply with this ordinance after
approval of the third reading by County Council. SECTION 5. OFFICIAL'S
RIGHT OF ENTRY (A) The
appropriate official designated by the County Supervisor as their authorized
representative may at all normal business hours request access to any building
whether completed or under construction, or to any property for the purpose of
making an inspection or investigation to enforce any of the provisions of this
Ordinance and, if denied, and a belief exists as to probable cause that
hazardous materials, chemicals, substances, or wastes are present, then such
official shall have the authority to seek a search warrant and/or an inspection
warrant to allow inspection of the premises. SECTION 6. MANDATORY
INFORMATION SYSTEM (A)
All facilities affected by this Ordinance are required to install and
maintain a "Knox Box" or other similar system approved as set forth
herein at a location readily available to emergency personnel in case of an
incident. Any facility that has a 24 hour on-site emergency response. team or
other special circumstances may apply to the Local Emergency Planning Committee
(LEPC) for exemption. (B)
The "Knox Boxes" shall be installed and operational within 12
months following the adoption of this ordinance for current facilities or within
60 days of the establishment of a new facility subject to this ordinance located
in (C)
The "Knox Box" will be required to contain the following items:
a facility map, emergency contacts, material safety data sheet (MSDS)
information or its location, emergency response plan, and the location of
emergency equipment. These items shall be kept current by the facility
owner/operator. (D) The
exact location, design and any other specifications for the "Knox Box"
will be issued by the Oconee County Emergency Preparedness Agency. (E) A
copy of all information stored in the "Knox Box" shall be provided to
the appropriate fire department(s) by the reporting facility. SECTION 7. MARKING
OF HAZARDOUS / MATERIALS / SUBSTANCES / CHEMICALS / WASTES STORAGE AREAS. The owners/operators of all facilities affected by
this ordinance are required to clearly mark containers or areas where hazardous
materials, substances, chemicals, or wastes are stored to increase the
effectiveness and safety of emergency response personnel. SECTION 8. SAMPLING
PERMITTED (A)
The owner/operator of a facility where containers of chemicals/wastes are
stored which are subject to this ordinance who is unable to identify or
substantiate the contents of the container through process knowledge or
documentation shall be required to sample and analyze such container at the
owner's expense and report the results to the appropriate county official. If
the owner/operator cannot or will not perform the required analysis, the county
may do so and bill the owner/operator. (B) In the event of a spill or release of hazardous materials,
chemicals substances or wastes requiring a response by the county HAZ-MAT
personnel, the appropriate officials may verify the contents of any substance
container by requiring a sample for analysis if the holder of owner, or owner of
a substance container is unable to immediately identify or substantiate the
contents through the production of trade-accepted manifests and/or acceptable
documentation. Sampling and/or the cost of sampling shall be the responsibility
of the holder or owner of the substance container. Sampling analysis shall be in
accordance with standard laboratory techniques by a DHEC certified lab or
method approved by appropriate officials. SECTION 9. VEHICLE
INSPECTION No materials shall be transported in any vehicle which
has physical, mechanical or electrical defects which could cause or contribute
to fire or explosion or which are improperly placarded, as provided in the
United States Department of Transportation Regulation. The County/City officers
shall have the authority to inspect a vehicle transporting materials for such
defects or violations and shall prohibit a defective vehicle or improperly
placarded vehicle transporting materials on roads and highways within the
County. SECTION 10. DISPOSAL Disposal of waste shall be
by methods meeting all requirements of state and federal law. SECTION 11. REIMBURSEMENT. In the event of a spill or release of any hazardous
materials, chemicals, substances, or wastes, as defined by this Ordinance, which
would require Oconee County to commit its hazardous material resources, the
party or parties (includes transporters of hazardous materials, chemicals,
substances, or wastes in and through Oconee County) responsible for such spill
or release shall pay all reasonable response costs incurred by Oconee County,
including all reasonable legal fees, in its efforts to mitigate any risks to
life, property and/or the environment caused by such spill or release. The
Oconee County Supervisor, his designee, or the appropriate incident commander
shall have the sole authority to commit SECTION 12. ENFORCEMENT
AND ADMINISTRATION. The Oconee County Emergency
Preparedness Agency will be responsible for administration of this Ordinance and
administration of reporting requirements. SECTION 13. DISPOSITION
OF FUNDS COLLECTED. All funds collected pursuant to this ordinance shall
be remitted to the County Treasurer and credited to the County's General Fund
and shall be allocated to the appropriate County department for the replacement
of materials and supplies used in connection with the County's HAZ-MAT response
capability in accordance with County purchasing policies and procedures. SECTION 14. NOTICES
AND ORDERS. If an emergency situation
exists or appears to exist, the County may petition for a court order enjoining
the owner or occupant of the facility to mitigate the emergency. SECTION 15.
VIOLATION AND PENALTIES. (A)
Any owner or operator of any facility that is subject to this Ordinance,
who fails to rectify any existing violation of this Ordinance or who fails to
take immediate action to abate a violation of this Ordinance when ordered or
notified to do so by the appropriate official designated by the County
Supervisor or their duly authorized representative, shall be guilty of a
misdemeanor and sentenced to pay a fine up to $200.00 and/or thirty (30) days in
jail for each offense. (B)
Any owner of operator of a facility that fails to report hazardous
materials, substances chemicals or wastes covered by this Ordinance is in
violation of the Ordinance and is subject to the penalties and fines as
previously outlined in Section 15 (A). (C)
No owner or operator of any facility shall fail, after proper credentials
are displayed, to permit entry into any building or onto any property by the
appropriate official designated by the SECTION 16. CONFLICT All provisions in other
county ordinances in conflict with this ordinance are hereby repealed. SECTION 17. ORDINANCE
LEGALITY. If any section, subsection or clause of this Ordinance is found to be unconstitutional or otherwise invalid, the validity or the remaining section, subsections and clauses shall not be affected thereby. Harrison E. Orr |