Livingston Municipal Code Ch. 5 Hazardous Materials

(A) In order to mitigate and/or control the effects of hazardous materials incidents and spills, and to plan for such incidents the city has developed a contingency plan.

(B) This chapter requires the reporting of accidents involving hazardous or toxic materials to the Public Safety Department in order to allow implementation of said emergency plan.

(C) Also the reporting of storage, offering for sale, distribution or the use of said materials to the Public Safety Department of the city.

(D) Also the posting of signs shall be required at industrial and commercial sites where hazardous or toxic materials are present in order to inform persons at such sites of the requirements for notification of hazardous or toxic material spills to the city’s Fire Department.

(Ord. 237, passed 9-9-1982)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

HAZARDOUS MATERIAL. For the purpose of this chapter, shall mean a substance or combination of substances which, taking into account quantity, concentration, physical, chemical, or infectious characteristics, would reasonably be recognized to:

1. Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

2. Pose a substantial present or potential hazard to humans or the environment.

INDUSTRIAL. Shall include, but not be limited to, industrial plants, commercial outlets, retail stores, storage and warehouse facilities, agricultural supply facilities, agricultural spraying companies and agricultural processing plants.

(Ord. 237, passed 9-9-1982)

All persons, corporations or others engaged in industrial activities or activities in which hazardous or toxic materials are being utilized, handled or otherwise present, shall immediately report any accident, fire or incident that presents a danger to persons, property or the environment involving a hazardous material to the city’s Fire Department.

(Ord. 237, passed 9-9-1982)

(A) All persons, corporations or others engaged in the storage or activities wherein a hazardous material is utilized, handled or otherwise present, shall display signs that shall substantially read as follows:

If you know or suspect that a hazardous material is involved in an accident, spill or fire that presents a danger to persons, property or the environment, immediately call Livingston Fire Department at 394-7511 and report the incident or what you know or suspect.

(B) Signs shall be a minimum of 19 inches by 25 inches and the lettering in the sign must be legible from a distance of 30 feet.

(C) Signs shall be adequately maintained.

(D) Signs shall be conspicuously placed at each location where hazardous materials are utilized or otherwise present.

(E) The number of signs required to be placed at each location shall be the minimum needed to adequately warn people of the presence of the hazardous material. Signs shall be placed at all entrances to areas in which hazardous materials are located. The number of signs required at each location may be prescribed by the Director of Public Safety.

(F) One or more signs shall be placed by the nearest telephone to the hazardous materials on the premises. These signs shall be three inches by seven inches.

(Ord. 237, passed 9-9-1982)

All persons, corporations or others who regularly store, warehouse, distribute, offer for sale or use hazardous materials shall give the Public Safety Department of the city the following information with respect to any hazardous material in excess of five gallons of liquid or five pounds of dry material (said measurement to be the combination of all materials involved):

(A) Address and location of facility;

(B) Property lines of facility and distance of facility from property lines;

(C) Distance from facility to adjacent buildings located both on the facilities property and adjacent property;

(D) The location of storm drains and fire hydrants near said facility;

(E) Loading service areas;

(F) On a separate plan, the interior of the proposed facility and location of any and all materials to be stored and the quantity and type of material. The quantity and type of material stored may be furnished on a separate list; and

(G) On the plan (subsection (F) of this section) or a separate plan, shall also be displayed the location of all entrances and exits, gas meters, electric meters, heating and cooling appliance locations and “shutoffs” as well as particularities and if any, safety features of the facility.

(Ord. 237, passed 9-9-1982)

The Public Safety Department of the city is authorized to inspect all facilities and sites covered by this chapter within the confines of the city for the adequacy of warning signs, storage facilities or sites and the handling or use of hazardous materials, as and when deemed necessary by the Director of Public Safety or at the request of the owner or manager of the facility or site.

(Ord. 237, passed 9-9-1982)

(A) Any facility or site or operation covered by this chapter or the handling or use of hazardous materials, which in the judgment of the Director of Public Safety is unsafe to the health and safety of any person, property or the environment, may be denied the right to store or use hazardous materials by order of the Director of Public Safety until such time as the problem or hazard no longer exists and is approved by the Director of Public Safety.

(B) Any person violating any requirement of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $500 for any one offense, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

(Ord. 237, passed 9-9-1982)