[1979 Code § 30-1.1; Ord. No. 28-23 § 1]
All vessels docking within the City for the purpose of transferring
or receiving liquid products, as defined herein, to or from refineries
or industries must, immediately upon docking, be totally enclosed
with a portable floating boom or like apparatus to confine possible
spillage. For the purposes of this section, the facility shipping
or receiving the product shall be responsible for compliance with
this section. For the purposes of this chapter, "liquid petroleum
products" shall be defined as any such product with a flashpoint in
excess of 100°F/38°C, as more particularly set forth in American
Petroleum Institute (API) Publication 2022, Section 7, which is incorporated
herein by reference.
[1979 Code § 30-1.2; Ord. No. 28-23 § 2]
a.
In the case of docking facilities where the vessel which will transfer
or receive is docked parallel to the dock, the boom is to originate
at some point before the bow and terminate at some point behind the
stern of the vessel so that the dock itself would thereby constitute
one side of the boomed-in area.
b.
In the case of a "finger" dock or docking facility where the vessel
which will transfer or receive is docked essentially perpendicular
to the dock, the boom is to encapsulate the entire vessel except for
the area of the dock it sits adjacent to.
[1979 Code § 30-1.3; Ord. No. 28-23 § 3]
In the case of vessels transferring or receiving liquid petroleum
products which do not fall within the aforesaid definition, a visual
inspection of all sides of the vessel shall be undertaken before,
during and after any such transfer or receiving to insure that no
discharge or spillage occurs.
[1979 Code § 30-1.4; Ord. No. 28-23 § 4]
The Police Department, Fire Department and Health Department
of the City shall have joint or concurrent jurisdiction to enforce
the provisions of this section.
[1979 Code § 30-1.5; Ord. No. 28-23 § 5; New]
[1979 Code § 29-1.1; Ord. No. 26-66]
The City Council is cognizant of the increasing number of accidents
and incidents involving spills and other discharge and release of
hazardous waste, including but not limited to "wastes" defined by
the Resource Conservation and Recovery Act; and the response by the
municipality to such incidents necessitates significant expenditure
of personnel, equipment, costs, and imposes a tremendous financial
burden upon the City, and the individual(s) or entity(ies) involved
in the storage, treatment, transportation or disposal of hazardous
waste should rightfully assume the expense of such response.
[1979 Code § 29-1.2; Ord. No. 26-66]
In the event there occurs a spill, discharge, leakage or any
other type of release of hazardous waste onto any private or public
property, including waterways, roadways, or any other place, the individual(s)
or entity(ies) having ownership and control of the facility, building,
vehicle, system or container from which the release emanated shall
be responsible for all reasonable costs associated with and necessitated
to the City's response thereto, including but not limited to
costs of manpower, equipment, materials, supplies and any other expense
reasonably related to the response by the City.
Upon the conclusion of response, containment or clean-up efforts,
the heads of the departments involved in the response shall prepare
an accounting of all costs and expenses associated with the response,
including but not limited to a pro rata cost for personnel time, equipment,
materials, supplies and any other expense reasonably related thereto.
Same shall be presented in writing as soon as practicable to the Finance
Director for verification and approval, and shall then be transmitted
to the Law Department for appropriate follow-up action.
