Chapter 15.12
HAZARDOUS MATERIALS

Sections:

15.12.005    Area of authority.

15.12.010    Definitions.

15.12.020    Reporting requirements.

15.12.030    Exceptions.

15.12.040    Reporting schedules.

15.12.050    Report updating.

15.12.070    Transshipment facility requirements.

15.12.090    Certification.

15.12.100    Public access to information.

15.12.110    Oil and hazardous substance cleanup.

15.12.005 Area of authority.

The provisions of this chapter apply to all areas of the borough.

15.12.010 Definitions.

As used in this chapter:

“Acute hazardous waste” means a waste listed in 40 Code of Federal Regulations (CFR) Sec. 261.31, 261.32, or 261.33(e), as amended.

“Consumer commodity” has the meaning given that term in 49 CFR Sec. 171.8, as amended.

“Extremely hazardous substance” means a substance listed in the Appendices to 40 CFR Part 355, as amended.

“Facility” means any land, building, equipment, structure, stationary item, or combination thereof, not a transshipment facility, that is located on a single site or on contiguous or adjacent sites owned, leased, operated or otherwise controlled by the same person, other than a residential dwelling, as defined in the most current edition of the Uniform Building Code.

“Handles” means disposes of, generates, processes, stores, treats, or uses.

“Hazard category” has the meaning given that term in 40 CFR Sec. 370.2, as amended.

“Hazard class” has the meaning given that term in 49 CFR Sec. 171.8, as amended.

“Hazardous chemical” has the meaning given that term in 29 CFR Sec. 1910.1200(c), as amended.

“Hazardous material” means a material subject to 49 CFR Parts 171 through 180, as amended, but also includes any other substance determined by the Alaska Department of Public Safety, Division of Fire Prevention, to pose a significant health and safety hazard. “Hazardous material” does not include food, drug, alcoholic beverages, cosmetics, tobacco, or tobacco products intended for personal consumption.

“Hazardous waste” has the meaning given that term in 40 CFR Sec. 261.3, as amended.

“Person” means the owner, operator, or manager of any entity or any other individual in charge of handling hazardous materials, hazardous chemicals, or hazardous wastes, and includes, but is not limited to, individuals, trusts, corporations (including government corporations), partnerships, joint ventures, or a state or political subdivision thereof.

“Tier II inventory form” means the Tier II emergency and hazardous chemical inventory form set out in 40 CFR Sec. 370.41, as amended.

“Threshold planning quantity” has the meaning given that term in 40 CFR Sec. 355.20, as amended.

“Transshipment facility” means a building, dock, yard, or other area at which hazardous chemicals, hazardous materials, or hazardous wastes are held, or are transferred from one vehicle, vessel, or container to another, for the purpose of reshipment within interstate, intrastate, or international commerce, if the handling of hazardous chemicals, materials, or wastes is the principal business of the owner, lessee, or possessor of the facility.

15.12.020 Reporting requirements.

A. The reporting requirements of this section shall only apply if the following quantities are handled at a facility, other than a transshipment facility, on any single day during a calendar year:

1. Any quantity of a hazardous material of the following hazard classes or the International Civil Aviation Organization (ICAO)/International Maritime Organization (IMO) equivalents:

a. Forbidden materials;

b. Forbidden explosives;

c. Explosives (with a mass explosion hazard);

d. Explosives (with a projection hazard);

e. Explosives (with predominately a fire hazard);

f. Explosives (with no significant blast hazard);

g. Very insensitive explosives; blasting agents;

h. Extremely insensitive detonating substances;

i. Flammable gas;

j. Nonflammable compressed gas;

k. Poisonous gas;

l. Flammable and combustible liquid;

m. Flammable solid;

n. Spontaneously combustible material;

o. Dangerous when wet material;

p. Oxidizer;

q. Organic peroxide;

r. Poisonous materials;

s. Infectious substance (Etiologic agent);

t. Radioactive material;

u. Corrosive material;

v. Miscellaneous hazardous material;

w. Other regulated material: ORM-D.

2. A hazardous material or hazardous chemical other than one described in subsection (A)(1) of this section in an amount equal to or greater than 500 pounds;

3. An extremely hazardous substance in an amount equal to or greater than 500 pounds or the threshold planning quantity, whichever is less;

4. A hazardous waste in an amount equal to or greater than two and two-tenths pounds;

5. An acute hazardous waste in an amount equal to or greater than two and two-tenths pounds;

6. A consumer commodity of a hazardous material or hazardous chemical in an amount equal to or greater than 1,000 pounds at a facility, other than a transshipment facility, longer than 14 days prior to placement for display or sale.

B. A person who handles hazardous materials or hazardous chemicals shall submit a report to the fire chief as provided on a Tier II inventory form with a site layout and floor plan of each facility showing the usual and ordinary location of each hazardous material and hazardous chemical. If the facility also handles hazardous waste, the plan shall also show the usual and ordinary location of that waste.

C. A person who handles hazardous wastes shall submit a report to the fire chief on a form approved by the chief, including:

1. Facility name and address;

2. Owner/operator name and address;

3. Emergency contact names and phone numbers;

4. EPA hazardous waste number for each hazardous waste;

5. Characteristic for each hazardous waste (ignitable, reactive, corrosive, or toxic);

6. Maximum daily and average daily quantities handled during the reporting period and number of days handled on-site;

7. Site layout and floor plan showing the usual and ordinary location of each hazardous waste.

D. A person who handles consumer commodities of a hazardous material or hazardous chemical shall submit a report to the fire chief on a form approved by the chief, including:

1. Facility name and address;

2. Owner/operator name and address;

3. Emergency contact names and phone numbers;

4. Product name of each hazardous material or hazardous chemical;

5. Physical and health hazard of each hazardous material or hazardous chemical;

6. Maximum daily and average daily quantities handled during the reporting period and number of days handled on-site;

7. Site layout and floor plan showing the usual and ordinary location of each hazardous material or hazardous chemical.

15.12.030 Exceptions.

A. The fire chief, after consultation with and approval by the manager, may except, by regulation, certain hazardous materials listed in the hazardous materials tables at 49 CFR Sec. 172.101 or 172.102 from the requirements of this chapter upon determination that the materials do not pose a significant health or safety hazard. The fire department shall maintain a list of the materials excepted from the reporting requirements for public review.

B. The fire chief, after consultation with and approval by the manager, may adopt regulations requiring that a person report smaller quantities of a hazardous material, hazardous chemical or hazardous waste than specified in this chapter upon a determination that the smaller quantity poses a significant health or safety hazard.

C. This chapter shall not apply to any hazardous material, hazardous chemical, or hazardous waste or consumer commodity possessed by an individual for the individual’s personal, family, or household use, except as covered in HBC Title 13 as relates to disposal of the same in sewers.

15.12.040 Reporting schedules.

A. A person who is required to submit a report pursuant to HBC 15.12.020 or 15.12.070 shall submit that report by January 1st of each year for every transshipment facility and facility in operation on January 1st of that year. The reporting period shall be for the previous calendar year, except that the initial report filed for January 1st may be a projection for the following calendar year.

B. A person not subject to the reporting requirements of HBC 15.12.020 or 15.12.070 on January 1st who subsequently becomes subject to the terms of those sections, as applicable, shall submit the information required in HBC 15.12.020 or 15.12.070 within 30 days after commencement of such handling and shall update the information by January 1st of each year thereafter. The initial report may be a projection of activities for the following calendar year.

15.12.050 Report updating.

A. A person required by this chapter to make a report for a facility, other than a transshipment facility, shall report each change to the most recently submitted site layout or floor plan showing the change in storage location for a hazardous material, hazardous chemical, or hazardous waste to the fire chief by telephone within 24 hours and in writing within 30 days after each such change.

B. A person required to make a report by HBC 15.12.020(B), (C), or (D) for a facility, other than a transshipment facility, shall update the annual inventory report if there is an addition of a hazardous material, hazardous chemical, or hazardous waste that would change the reporting range code (00 to 10) contained in the annual current Tier II inventory form. Such an update report shall be made within 90 days of receipt of the additional hazardous material, hazardous chemical, or hazardous waste.

C. A person required to make a report by HBC 15.12.020(B), (C), or (D) for a facility, other than a transshipment facility, shall update the annual inventory report whenever a hazardous material, hazardous waste, or hazardous chemical of a reportable quantity of a new hazard category is handled at a facility. Such a report shall be made within 30 days of receipt of the additional hazardous material, hazardous waste, or hazardous chemical in the new hazard category.

15.12.070 Transshipment facility requirements.

A. A person who handles hazardous materials or hazardous wastes at a transshipment facility shall submit a report in accordance with the schedule stated at HBC 15.12.040 on a form prescribed by the fire chief and including:

1. Transshipment facility name and address;

2. Owner and operator names and addresses;

3. Emergency contact names, titles, and phone numbers;

4. A list of all hazard classes handled at the transshipment facility;

5. Site layout and floor plan showing the usual and ordinary locations of hazardous waste and hazardous material at the transshipment facility;

6. The method of marking or warning used.

B. A person required to submit a report pursuant to subsection (A) of this section shall:

1. Update that report within 30 days after a new hazard class has been handled or a change in the marking or warning system used at the transshipment facility; and

2. Report each change to the most recently submitted site layout and floor plan showing the changes in the usual and ordinary storage location for a hazardous material or hazardous waste to the fire chief by telephone within 24 hours and in writing within 30 days after each such change.

C. A person who operates a transshipment facility shall display markings and warnings under one of the following categories:

1. Mark the immediate area to be used for hazardous materials or hazardous wastes handling with a conspicuous sign reading “Hazardous Materials,” using block letters a minimum of three inches in height with a one-half-inch strike on a white background;

2. Display hazardous materials labels or placards in accordance with federal Department of Transportation requirements to identify the commodities present; or

3. Display such other placards, warnings, or markings as the fire chief may require or allow in writing following a determination by the chief that such additional or alternative action will reasonably protect the public safety.

D. Transshipment facilities are not subject to the requirements related to reporting contained in this chapter except the following:

1. Those requirements set forth in HBC 15.12.040;

2. Those shipments subject to Coast Guard requirements; and

3. For any shipment of an extremely hazardous substance which exceeds the applicable threshold planning quantity found in 40 CFR Part 355 or any shipment or collective storage of explosives greater than 20 tons, the transshipment facility shall notify the fire department of the time of departure and the quantity of product being transferred or stored.

15.12.090 Certification.

A. A person subject to the reporting requirements of this chapter shall obtain a certificate of compliance with this chapter from the fire chief. An application for a certificate shall be made on a form approved by the fire chief no later than January 1st of every calendar year or within 30 days after commencement of activities to be reported under this chapter.

B. A certificate shall be valid for one year.

15.12.100 Public access to information.

A. Information obtained by the borough pursuant to HBC 15.12.020, 15.12.030(B), 15.12.050, and 15.12.070 shall be made available to the public for inspection and copying during regular business hours and upon reasonable notice, for a reasonable charge.

B. The fire chief may deny the release of public information if there is a reasonable determination made by the fire chief that release of said information jeopardizes homeland security.

15.12.110 Oil and hazardous substance cleanup.

The borough may take any necessary measures, in compliance with state or federal statutes and regulations, on an area-wide or nonarea-wide basis, to contain, clean up, or prevent a release or threatened release of oil or any other hazardous substance, and to make any necessary plans to contain, clean up, or prevent such release or threatened release, in accordance with applicable provisions, as amended, of AS 26.23, 29.35.500 through 29.35.590, 46.03, 46.04, 46.08, and 46.09.