[HISTORY: Adopted by the Town Council of the Town of Lincoln 10-19-1982
(Ch. 8, Art. II, of the 1990 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 123.
STATE LAW REFERENCES
Hazardous Substances Act — See R.I.G.L. § 23-24-1
et seq.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Any substance which in contact with living tissue will cause destruction
of tissue by chemical action, but shall not refer to action on inanimate surfaces.
Any substance which has a flash point at or below 20° Fahrenheit
as determined by the Tagliabue open cup tester. The term “flammable”
shall apply to any substance which has a flash point of above 20° to and
including 80° Fahrenheit, as determined by the Tagliabue open cup tester.
The term “combustible” shall apply to any substance which has
a flash point above 80° Fahrenheit to and including 150° as determined
by the Tagliabue open cup tester. The flammability or combustibility of solids
and of the contents of self-pressurized containers shall be determined by
methods found by the Director of the State Consumer Council to be generally
applicable to such materials or containers, respectively, and established
by regulations issued by him or her or which regulations shall also define
the terms of “flammable,” “combustible,” and “extremely
flammable” in accord with such methods.
Any substance or mixture of substances which:
Is toxic;
Is corrosive;
Is an irritant;
Is a strong sensitizer;
Is flammable or combustible; or
Generates pressure through decomposition, heat, or other means, if such
substances or mixture of substances may cause substantial personal injury
or substantial illness during or as a proximate result of any customary or
reasonably foreseeable handling or use, including reasonably foreseeable ingestion
by children.
Any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the Director of the State Consumer Council determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with Title 23, Chapter 24, of the General Laws, as amended, in order to protect the public health.
The term “hazardous substance” shall not apply to economic
poisons subject to the State Economic Poisons Act,[1] nor to foods, drugs, and cosmetics subject to the State Food,
Drug and Cosmetic Act,[2] nor to substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house, nor to manufactured goods in process or waste in transit for proper disposal, but such term shall apply to any article which is not itself an economic poison but which is a hazardous substance within the meaning of Subsection A above by reason of bearing or containing such an economic poison.
This definition of the term “hazardous substance” is the same as the definition of “hazardous substance” as set forth in Title 23, Chapter 24, of the General Laws, as amended.
Any substance which falls within any of the following categories:
Produces death within 14 days in 1/2 or more than 1/2 of a group of
10 or more laboratory white rats each weighing between 200 and 300 grams at
a single dose of 50 milligrams or less per kilogram of body weight, when orally
administered; or
Produces death within 14 days in 1/2 or more than 1/2 of a group of
10 or more laboratory white rats each weighing between 200 and 300 grams,
when inhaled continuously for a period of one hour or less at an atmospheric
concentration of 200 parts per million by volume or less of gas or vapor or
two milligrams per liter by volume or less of mist or dust, provided such
concentration is likely to be encountered by man when the substance is used
in any reasonably foreseeable manner; or
Produces death within 14 days in 1/2 or more than 1/2 of a group of
10 or more rabbits tested in a dosage of 200 milligrams or less per kilogram
of body weight, when administered by continuous contact with the bare skin
for 24 hours or less.
Any substance not corrosive which on immediate, prolonged, or repeated
contact with normal living tissue will induce a local inflammatory reaction.
A substance which emits ionizing radiation.
A substance which will cause on normal living tissue through an allergic
or photodynamic process a hypersensitivity which becomes evident on reapplication
of the same substance and which is designated as such by the Director of the
State Consumer Council. Before designating any substance as a strong sensitizer,
the Director, upon consideration of the frequency of occurrence and severity
of the reaction, shall find that the substance has a significant potential
for causing hypersensitivity.
Any substance (other than a radioactive substance) which has the
capacity to produce personal injury or illness to man through ingestion, inhalation,
or absorption through any body surface.
[1]
Editor's Note: Chapter 8, Economic Poisons, of Title 2, of the General
Law (R.I.G.L. §§ 2-8-1 through 2-8-28) was repealed by P.L.
1987, ch. 323, § 1, effective 6-30-1987. For present provisions of law,
see Chapter 25 of Title 23 of the General Laws..
[2]
Editor's Note: See R.I.G.L. § 21-31-1 et seq.
The provisions of this chapter shall not apply to the use of any hazardous
material in any residence or when used by any homeowner or occupant thereof.
Whenever there is a spill of any hazardous substance the owner or the
person in charge of the premises upon which the spill has occurred shall immediately
notify the Police Department, which Department shall immediately notify the
local Fire Chief and the Town Clerk as to the fact of such hazardous spill.
The Town Clerk shall forthwith notify the Town Administrator and the members
of the Town Council as to the fact of such hazardous spill.
[Added 10-18-1983]
Pursuant to R.I.G.L. § 23-19.7-6(b), the Town Council, after
a siting or impact agreement has been negotiated, shall have the power to
approve or reject any such siting or impact agreement.
