§ 98-9. Hazardous materials.

A. 

Pursuant to Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, Section 311, all industry, manufacturing facilities, companies, warehouses and businesses, etc., in the City of Lockport, regardless of size, are mandated to submit to the Fire Chief either a complete set of all material safety data sheets (MSDS) or lists of MSDS chemicals that are present at their respective facilities.

B. 

On or before March 1 of each year, pursuant to Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, Section 312, all industry, manufacturing facilities, companies, warehouses and businesses, etc., in the City of Lockport, regardless of size, are mandated to annually submit to the Lockport Fire Chief, Tier II reports of their hazardous materials indicating the amounts and locations of each specific chemical.

C. 

In addition to the above, and pursuant to New York State General Municipal Law § 209-u and Chapter 27 of the Fire Code of New York State, any person engaged in commerce in the City of Lockport who may have possession of hazardous materials at their permanent place of business shall annually report the presence of such hazardous materials, on the appropriate form provided by the New York State Office of Fire Prevention and Control, to the Fire Chief of the City of Lockport.

D. 

Pursuant to the Fire Code of New York State, the person, firm or corporation responsible for an unauthorized discharge of hazardous materials shall institute and complete all actions necessary to remedy the effects of such an unauthorized discharge, whether sudden or gradual, to the satisfaction of the Fire Chief, at no cost to the City of Lockport. When deemed necessary by the Fire Chief, cleanup may be initiated by the Fire Department or by an authorized individual, firm, or contractor. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge.

E. 

Unless otherwise exempted by the Fire Chief, visible hazard identification signs as specified in NFPA 704® for the specific material contained shall be placed on stationary containers and aboveground tanks and at entrances to locations where hazardous materials are stored, dispensed, used or handled in quantities exceeding those set forth in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3), 2703.1.1(4), 2703.8.2, and 2703.8.3.2, of the Fire Code of New York State, and at specific entrances and locations designated by the Fire Chief.

F. 

As a general precaution for the safe storage, handling or care of hazardous materials, any person or firm engaged in commerce in the City of Lockport who may have possession of hazardous materials at their permanent place of business shall designate responsible persons that are trained to be liaison personnel to the Fire Department. These persons shall aid the Fire Department in preplanning emergency responses and identifying the locations where hazardous materials are located, and shall have access to Material Safety Data Sheets (MSDS) and be knowledgeable in the site emergency response procedures. The names and telephone numbers of the responsible persons shall be included on the annual inventory required by Subsections B, C, and D, above, and on a hazardous materials management plan when such plan is required. Telephone numbers shall include a twenty-four-hour contact number for responsible persons.