Gasoline, naphtha, benzine, and other like volatile combustible
or their compounds in excess of a total of five gallons, exclusive
of that in tanks of automobiles, in combustion engines, or in approved
portable wheeled tanks in public garages each not exceeding 60 gallons'
capacity, shall not be kept within any building. Such total of five
gallons or less shall be kept only in cans approved by the chief of
the fire department. Any quantity in excess of five gallons shall
be kept only in a tank or tanks placed not less than two feet beneath
the surface of the ground or in an outside tank or tanks above ground
and approved by the chief of the fire department located not less
than 50 feet from the line of any adjoining property which may be
built upon. The tank or tanks shall be adequately and properly diked
with a dike having capacity not less than equal in volume to that
of the tank or tanks surrounded. No underground tanks shall be placed,
constructed or maintained under a street, public sidewalk or in a
sidewalk area.
In no instance shall gasoline, naphtha, benzine and other like
volatile combustibles or their compounds be allowed to run upon the
floor or fall or pass into the drainage system of the remises. Self-closing
metal cans shall be used for all oily waste or waste oils.
Any person who shall violate or fail to comply with any provision
of this chapter, or who shall violate or fail to comply with any order
or regulation, shall upon conviction, be punished by a fine not exceeding
$100. The imposition of one penalty for violation of this chapter
shall not excuse the violator or permit it to continue; and all such
persons shall be required to correct or remedy such violations or
defects within a reasonable time; and each day that any prohibited
condition is maintained shall constitute a separate offense. The application
of said penalty shall not be held to prevent the enforced removal
of any prohibited condition as provided by this chapter.
[Ord. No. 98-7, Sec. 1]
The Lincoln Fire Department is hereby authorized to respond
to hazardous materials incidents inside the City of Lincoln, outside
the City, for the benefit of members of the Lincoln Rural Fire Association,
and outside the City upon a call for assistance from another fire
department within Washington county which is serviced by the Northwest
Arkansas Regional Hazardous Materials Response Team.
[Ord. No. 98-7, Sec. 2]
As used in this ordinance "hazardous materials incident" shall
mean any incident involving the release, spill, leak, or other undesirable
accumulation of any substance for which a Material Safety Data sheet
(MSDS) is required under Section 311 of the Emergency Planning and
Community Right-To-Know Act of 1986 (Public Law 99-499).
[Ord. No. 98-7, Sec. 3]
A.Â
The Fire Department of the City of Lincoln is hereby authorized to
bill and collect from recipients of services for all costs incurred
by the Lincoln fire Department, responding to a hazardous materials
incident, including but not limited to:
1.Â
A charge of $250 for the first hour and $100 for each additional
hour for each major piece of fire apparatus which responds to the
incident, and
2.Â
Any costs attendant to the use of volunteer personnel, including
but not limited to expenditures made by volunteers from personal funds,
lost wages incurred by the volunteer or cost of replacement personnel
incurred by their employer, cost of insurance incurred by the department
prorated to the time expended and other associated costs related to
volunteers.
3.Â
The replacement costs of all expendable equipment and supplies used
by the Lincoln fire Department in managing and mitigating the incident
including any equipment damaged or made unusable by contamination,
and
4.Â
All costs incurred by the Lincoln Department for any labor, materials,
or supplies provided by third parties at the request of the Lincoln
Fire Department, including but not limited to, the Northwest Arkansas
Regional Hazardous Materials Emergency Response Team, local government
entities, business and industrial facilities, specialists, consultants,
and any other costs necessary to manage and mitigate the incident.
B.Â
The Fire Chief, or his designated representative shall collect charges
due the City for the provision of hazardous materials incident services
and shall:
1.Â
Prepare and issue statements for charges to persons, corporations,
partnerships, or any other entities, who are provided hazardous materials
incident services under this ordinance.
2.Â
File suit to collect delinquent charges due within a reasonable time
after the service is provided.
3.Â
Maintain adequate records which shall contain the following information:
