City
of
October 1, 2003
Ordinance
Chapter
7091
03 0 79
ORDINANCE IN AMENDMENT OF
CHAPTER 8, ENTITLED "FIRE PREVENTION AND
PROTECTION"
OF THE CODE OF ORDINANCES OF
THE CITY OF
IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SECTION 1. Chapter 8, entitled "Fire prevention and protection," Article Ill, entitled, "Fire Prevention Code," of the Code of Ordinances is hereby amended by adding the following:
Section 8‑34.3
Hazardous Materials Monitoring Program.
1) Purpose.
The declared purpose of this Article is (i) to provide for the establishment of a Program to monitor and permit establishments where hazardous materials are produced, stored, handled, disposed of, treated, emitted, discharged, or recycled; (ii) to provide that said program be administered by the Woonsocket Fire Department; and (iii) to provide that the Fire Department be assigned the responsibility to be the Emergency Response Agency and to direct and coordinate emergency response in the event of releases of hazardous materials.
2) State Law Adopted by Reference.
The City Council of the City of Woonsocket hereby adopts by reference the requirements of the State Hazardous Substance Law, Chapter 28‑21 of the Labor and Labor Relations, the minimum standards for the management of hazardous and extremely hazardous waste as specified in Title 40 of the Code of Federal Regulations, Department of Transportation Title 49 of the Code of Federal Regulations and the requirements for hazardous materials release response plans and inventory law, Title 68 of the Code of Federal Regulations.
3) Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"CAS Number" means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.
"City Council" means the City Council of
the City of
"Contingency Plan" means a business plan or area plan setting out an organized, planned and coordinated course of action to be followed in case of a fire, explosion or unplanned release of hazardous material so as to minimize exposure and hazards to human health and the environment.
"Emergency Response Agency" means the Fire
Department of the City of
"Extremely Hazardous Waste" means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by hazardous waste because of its quantity, concentration or chemical characteristics.
“Extremely Hazardous Materials” means any material listed on the Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-to-Know Act (EPCRA) and Section 112(r) of the Clean Air Act.
“Fire Chief'” means the Fire Chief of the Woonsocket Fire Department, or his duly authorized representative.
"Handle" means to use, generate, process, produce, package, treat, store, emit, discharge, retail incinerate, recycle or dispose of a hazardous material in any fashion.
"Hazardous Material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment, "Hazardous Materials" include, but are not limited to. Explosives, radioactive materials, etiologic agents, medical waste, flammable solids, solid poisons, oxidizing or corrosive materials, Cryogenic materials, compressed gases. Any substances or material, which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid, or a class III‑A combustible liquid. Any material which an agent of the local agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.
"Hazardous Materials Establishment" means any room, building or place, or portion thereof, maintained, used or operated where hazardous materials are produced, stored, handled, disposed of, emitted, treated or recycled.
"Hazardous Waste" means a waste or combination of wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may either: (a) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.
"Underground storage tank" means any one or combination of tanks, including pipes connected thereto, which is used for the storage of hazardous substances and which is substantially or totally beneath the surface of the ground.
"Aboveground storage‑ tank" means any one or combination of tanks, including pipes connected thereto, which is used for storage of hazardous substances and which is substantially or totally above the surface of the ground.
The term "Hazardous Waste" shall be understood to also include "Extremely Hazardous Waste", unless expressly provided and mislabeled or inadequately labeled hazardous materials; and hazardous materials packaged in deteriorated containers.
"Local Agency" means the Woonsocket Fire
Department of the City of
"MSDS" means a "Material Safety Data Sheet.
4) Enforcement Responsibility.
(a) It shall be the duty of the Fire Chief, or his duly authorized representative to enforce the provisions of the Hazardous Materials Monitoring Program pertaining to hazardous wastes and hazardous materials and the minimum standards and any additional requirements specified in this Article.
(b) It shall be the duty of the Fire Chief, or his duly authorized representative to review and approve contingency plans to be implemented in the event of an unauthorized release.
(c) The local agency is hereby designated to be responsible for the administration and enforcement of the provisions of this Article.
(d) The local agency shall review and approve contingency plans required by and shall establish a citywide contingency plan to be implemented in the event of an unauthorized release of hazardous materials that may extend beyond the premises where the release occurred.
5) Inspection of Hazardous Materials Establishments.
It shall be the duty of the local agency to make periodic
inspections of all hazardous materials establishments in the City of
6) Permit Requirement.
(a) It shall be unlawful for a person to establish, operate, or maintain a hazardous materials establishment without first obtaining a hazardous materials permit from the local agency.
(b) Owners and operators of permitted hazardous materials establishments shall report in writing any change of ownership, business name or address information within thirty (30 days of the occurrence of the change, and request an amendment to their permit or a new permit.
(c) No permit issued pursuant to this Article shall be transferable.
7) Permit Application.
(a) Every applicant for a permit, required by this Article, shall file a written application, before commencing operation, on a form provided by the local agency and shall be accompanied by the appropriate fee. Those hazardous materials establishments in operation prior to the effective date of this ordinance shall file an application within thirty (30) days of notification by the City of Woonsocket. (b) An application shall include, but not be limited to, the following information:
(1) The name and address of the property owner and the owner‑operator of the establishment;
(2) The address and location of the establishment activity;
(3) The name(s) and 24 hour phone number(s) of contact person(s) qualified and authorized to act as emergency coordinators;
(4) A listing of the chemical name, any common name and the CAS number for each hazardous material handled;
(5) A MSDS for each hazardous material handled;
(6) The approximate annual quantity of each hazardous material handled;
(7) The maximum quantity of each hazardous material on the premises at any one time;
(8) A description of the hazardous material activity being conducted;
(9) A statement that appropriate permits to operate and discharge have been obtained from Federal, State, Regional and local agencies and a list of such agencies, permit number, permit type and expiration dates.
(c) A permittee shall notify the local agency, in writing, of any changes in items b (1) through b (9) above within thirty (30) days, and the local agency shall amend the permit accordingly.
8) Permit Fee.
(a) A fee shall be paid to the local agency by each person who submits an application for a permit to operate a hazardous materials establishment or to renew, amend or terminate a permit required by this Article. The fee for a permit for Hazardous Use Permits shall be thirty dollars ($30.00). The fee for permit for Extremely Hazardous Materials Permits shall be one hundred dollars ($100.00). The City Council may provide for the waiver fees when a public agency makes an application for a permit or renews a permit.
(b) There shall be added to and collected with the permit or other fees a penalty equal to ten percent (10 %) of the fee for all fees that are delinquent for thirty (30) days. For each additional month or fraction thereof in, which a delinquency continues, an additional ten percent (10 %) penalty shall be collected. In no event shall the total penalty exceed sixty percent (60%) of the permit fee.
(c) No refund or rebate of a permit fee shall be allowed by reason of the fact that the permit is denied or the permittee discontinue operation of the facility prior to expiration of the term or that the permit is suspended or revoked prior to the expiration of the term.
9) Permit Renewal.
The initial hazardous materials establishment permit shall be renewed annually upon payment of the renewal fee. An application shall be submitted for each seceding renewal period and shall include all pertinent changes made since the previous application. Permits shall become effective on July lst and expire on the following June 30th of each year. Permits that are not renewed by August 1st become delinquent and are subject to the penalties indicated in permit fees.
10) Notice of Approval of Disapproval.
The local agency shall determined, after conducting an inspection of the hazardous materials establishment, whether the initial application filed by the applicant is accurate and complete and shall issue a written notice of approval or disapproval of the issuance of a permit to the establishment operator within 60 days of the evaluation inspection. The permittee may appeal the determination to the City Council. Failure to file a written appeal with the City Clerk within thirty (30) days of said determination shall be deemed a waiver of the right to appeal.
11) Permit Revocation
or Suspension.
The hazardous materials establishment permit shall be subject to revocation or suspension by the local agency upon the determination by the local agency of a violation by the holder of such permit, his employee, or agent, or any other person acting with his consent or under his authority of any provision of this Article or any referenced law of the State of Rhode Island. The permittee may appeal the ruling to the City Council. Failure to file a written appeal with the City Clerk within thirty (30) days of said ruling shall be deemed a waiver of the right to appeal.
12) Responsibility for Proper Storage, Handling,
Treatment and Disposal of Hazardous Material.
It shall be the responsibility of the establishment operator to operate and maintain the hazardous materials establishment in a manner whereby all hazardous material is stored, handled, treated or disposed of in a lawful and safe manner. An establishment operator shall operate and maintain all areas used for storage, treatment or handling of hazardous material in a manner, which minimizes possibility of a fire, explosion or unplanned release, whether sudden or slow, into the air, soil or water.
13) Requirement for Contingency Plan.
The owner or operator of each hazardous materials establishment permitted by this Article shall prepare and maintain a contingency plan which shall be filed with the local agency. The provisions of said plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous materials.
14) Contents of Contingency Plans.
Contingency plans shall include, but not be limited to, the following information:
(a) General description of the establishment;
(b) A listing of the chemical name or common name of all hazardous materials generated or handled.
(c) A listing of a chemical and physical analysis for each hazardous material, including the known proper method(s) of handling treatment, storage, and disposal of the materials;
(d) A list of name(s), address (es) and day and night phone persons qualified to act as emergency coordinators;
(e) A list of emergency response agencies with phone numbers to be contacted in the event of a fire, explosion or unplanned release of hazardous materials;
(f) A description of procedures, equipment and materials to be used to contain and clean‑up spills of hazardous materials;
(g) A list, description and location of emergency equipment available at the facility that will prevent to mitigate the exposure of humans and the environment to hazardous materials;
(h) An evacuation plan for all buildings and premises;
(i) An identification of all access driveways which will be maintained and be continually available for emergency response vehicles.
15) Responsibilities of Emergency Coordinator(s).
Emergency coordinators shall have the following responsibilities in the event of a fire, explosion or any unplanned release of hazardous material:
(a) Assist the emergency response agency authorized officer by providing information and assisting in expediting appropriate evacuation plans.
16) Notification of the Emergency Response Agency.
The emergency response agency shall be immediately notified of any release of hazardous materials.
17) Hazardous
Materials Spills or Release.
The emergency response agency shall have scene management authority of hazardous materials spills or release on streets, roads, public and private property within the city limits of the City of Woonsocket. Other city departments shall assist by providing their normal support roles of perimeter control establishing access routes for emergency equipment, assisting in evacuations of non‑contaminated areas, providing equipment and personnel for containment and clean‑up as directed by the authorized officer. The emergency response agency shall consult with scene manager, take samples, and make tests and otherwise assist in evacuations.
18) Personnel
Training.
The establishment operator shall be responsible for the training of all personnel that work with hazardous materials at the establishment. The training shall include classroom or on‑the‑job instruction, which teaches facility personnel hazardous material management safety procedures, contingency plans and laws relevant to the positions in which they are assigned. Records shall be maintained by the establishment operator of names of personnel receiving training, dates of instruction and subject matter.
19) Requirements for the Termination of Hazardous
Material Activities or Closure.
The owner or operator of a hazardous materials establishment shall notify the local agency at least thirty (30) days before the date of termination of hazardous material activities or closure and apply for a Certificate of Closure. If the owner or operator has less than thirty (30) days advance knowledge of closure, he shall notify the local agency on the next working day after receiving such information.
20) Removal Requirement.
Within ninety (90) days of closure of termination of hazardous material activities, all hazardous materials and hazardous material residues shall be properly removed from equipment, structure and premises.
21) Requirement for Certification of Closure of Hazardous
Material Activities.
(a) Both the owner or operator of a hazardous materials establishment and a chemist with an appropriate degree in chemistry shall submit to the local agency a certification that the establishment has complied with removal. The certificate shall detail the method of sampling or testing, as well as clean‑up procedures followed. The disposition of hazardous materials formerly stored at the establishment shall be stated in the report.
(b) The premises shall not be reoccupied until the Certificate of Closure is approved by the local agency.
22) Variance Applications
(a) Any permit holder or permit applicant may apply to the local agency for a variance from specific requirements of this Article.
(b) Variances will be considered based on the submission of clear and convincing justification or evidence that the granting of a variance will not pose a significant threat to public health, public safety, or the environment. Should the variance be denied, the applicant may appeal the denial to the City Council. Failure to file a written appeal with the City Clerk within thirty (30) days of said determination shall be deemed a waiver of the right to appeal.
(c) Variances may be revoked by the local agency upon ten (10) days written notice sent to applicant by regular mail at applicant's last address contained in applicant's last filed application. Said variance may be revoked because of operational changes such as, but not limited to, a change in the justification or evidence submitted with the original variance application, or for violations of applicable laws and/or regulations.
23) Further Regulations.
The local agency may promulgate regulations to further refine or clarify the requirements of this Article. Such regulation shall be contained in a resolution and shall be effective after the approval by the City Council. Upon approval, such regulations shall have the same force and effect as other provisions of this Article.
24) Applicability of Other Laws and Regulation
Laws and regulations of other State, Regional and local agencies may apply.
25) Unsafe Handling of Hazardous Materials, Notices,
Penalties.
The local agency is authorized to issue written orders to comply with provisions of this Article in cases where in the judgment of the local agency hazardous material is being improperly handled, used, stored or disposed of. Failure to comply with written orders issued by the local agency within the time specified could result in permit suspension or revocation and/or the assessment of civil penalties, fines, and imprisonment.
26) Penalties for Violation.
Any person violating any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in jail for a period of not more than six (6) months, or by both such fine and imprisonment.
SECTION 2 This Ordinance shall take effect on the eleventh consecutive day following its passage by the City Council as provided in Chapter III, Section 9, of the Woonsocket Home Rule Charter and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
IN CITY COUNCIL October 6, 2003, ‑ Read by title and passed for the first time.
IN CITY COUNCIL October 20, 2003, ‑ Read by title and passed.
Signed and approved by Mayor Susan D. Menard ‑ October 21, 2003