Hazardous Materials Ordinance Appeals and Overseers ... - MSD

LOUISVILLE AND JEFFERSON COUNTYHAZARDOUS MATERIALS ORDINANCEAPPEALS AND OVERSEERS BOARDANNUAL REPORTforJANUARY 1, 2012TODECEMBER 31, 2012

DISTRIBUTION LIST FOR THE APPEALS & OVERSEERSANNUAL REPORTThe Honorable Greg FischerLouisville Metro MayorGreg C. HeitzmanExecutive Director – MSDW. Brian Bingham D. Scott PorterRegulatory Services DirectorEnvironmental AttorneyRegulatory Services – MSDLegal Division - MSDJames T. CraigChairperson MSD BoardTom AustinVice-Chairperson MSD BoardJohn PhelpsMSD BoardYvonne Wells-HatfieldMSD BoardJoyce Horton MottMSD BoardLonne CalvertMSD BoardCyndi CaudillMSD BoardDaniel ArboughMSD BoardDr. LaQuandra NesbittDirectorMetro Public Health & WellnessChief Gregory W. FrederickLouisville Division of FireGilliam Alexander, Jr., ChairpersonHazmat Appeals & Overseers BoardMatthew Rhodes, Co-ChairpersonHazmat Appeals & Overseers BoardTom Herman - RecorderHazmat Appeals & Overseers BoardCreg BrowneHazmat Appeals & Overseers BoardJonathan D. MillerHazmat Appeals & Overseers BoardSusan ChaplinHazmat Appeals & Overseers BoardColonel Douglas V. RecktenwaldHazmat Appeals & Overseers BoardChief David GoldsmithHazmat Appeals & Overseers BoardW. Michael WinklerHazmat Appeals & Overseers BoardDebbie Fox – Executive DirectorMetro Emergency Management AgencyMetroSafei

Attica ScottCindi FowlerMetro Council Member - District 1 Metro Council Member - District 14Barbara E. ShanklinMarianne ButlerMetro Council Member - District 2 Metro Council Member - District 15Mary C. WoolridgeKelly DownardMetro Council Member - District 3 Metro Council Member - District 16David W. TandyGlen StuckelMetro Council Member - District 4 Metro Council Member - District 17Cheri Bryant HamiltonMarilyn ParkerMetro Council Member - District 5 Metro Council Member - District 18David JamesJerry T. MillerMetro Council Member - District 6 Metro Council Member - District 19Kenneth C. FlemingStuart BensonMetro Council Member - District 7 Metro Council Member - District 20Tom OwenDan JohnsonMetro Council Member - District 8 Metro Council Member - District 21Tina Ward-PughRobin EngelMetro Council Member - District 9 Metro Council Member - District 22Jim KingJames PedenMetro Council Member - District 10 Metro Council Member - District 23Kevin KramerMadonna FloodMetro Council Member - District 11 Metro Council Member - District 24Rick BlackwellDavid YatesMetro Council Member - District 12 Metro Council Member - District 25Vicki Aubrey WelchBrent AckersonMetro Council Member - District 13 Metro Council Member - District 26ii

TABLE OF CONTENTSAUTHORITY AND PURPOSE OF HMO ................................................... PAGE 1APPEALS AND OVERSEERS BOARD .................................................... PAGE 2EXECUTIVE SUMMARY ........................................................................... PAGE 3INDUSTRIAL WASTE DEPARTMENT EMERGENCYRESPONSE/HMPC PROGRAM UPDATE ................................................ PAGE 4KEY STATISTICS FOR REPORTING YEAR ............................................ PAGE 5TABLE OF ENFORCEMENT ACTIONS TAKENDURING REPORTING YEAR ................................................................... PAGE 6BOARD MEMBERSHIP ............................................................................ PAGE 8GRAPH OF REPORTED EMERGENCYRESPONSE INCIDENTS ........................................................................... PAGE 9iii

HAZARDOUS MATERIALS ORDINANCEAUTHORITY AND PURPOSEThe authority for the Hazardous Materials Ordinance (HMO) is KRS 67C.115(2), Chapter95 of the Louisville Metro Code of Ordinances currently Ordinance 121, Series 2007.The purpose of the HMO is for the protection of public health and safety in LouisvilleMetro, through prevention and control of hazardous materials incidents and releases andto require timely reporting of releases.1

APPEALS AND OVERSEERS BOARDThe Appeals and Overseers Board was created under Section 12 of the HMO, December1985 (currently Section 95.13 of Ordinance 121, Series 2007). The purpose of the Boardis to ensure that an appeal process is made available to those persons aggrieved by anenforcement action of the administering agency (MSD) under the HMO. An appeal mayquestion the adequacy of a Hazardous Materials Spill Prevention and Control Plan(HMPC Plan) and/or a penalty imposed under the HMO. Upon receipt of an appeal, theAppeals and Overseers Board schedules a hearing with MSD and the complainant toreview the case and offers recommendations for a solution.The Board also serves to coordinate and integrate the policies and procedures of theregulating agencies regarding application of the HMPC Plans. In addition, the Board willreview proposed amendments or modification of the HMO and submit appropriaterecommendations to the Council members of the Greater Louisville Metro Government.Each year the Board prepares a summary of its activities and those of the administeringagency (MSD) for submittal to the Mayor. This report covers the period from January 1 toDecember 31, 2012.The HMO Appeals and Overseers Board is committed to meeting the needs of those towhom it reports each year. To that end, the Board welcomes your feedback andcomments regarding the information presented in this report. Please direct comments toScott Porter, MSD Environmental Attorney.The Board wishes to express its gratitude to the MSD staff for their continued excellencein providing support and assistance. The help of Scott Porter, Janice Cox, DaymondTalley, Gary Kohler, Jeff Nalley, Adraine Niehoff, James Heid, Ken Nichter, KandyceGroves, Bob Pifine, Mike Moore, Peggy Burgin, Vikki Huelsman and Lisa A. Gaus isparticularly appreciated and acknowledged.2

EXECUTIVE SUMMARYMETROPOLITAN SEWER DISTRICT (MSD)The Louisville and Jefferson County Metropolitan Sewer District (MSD) is theadministering agency for the HMO. MSD is the approval authority for Hazardous MaterialSpill Prevention Control (HMPC) Plans. During the reporting year, there were 1755companies in Jefferson County that had approved HMPC Plans and 1542 companies thathad approved HMPC Exemptions. Exemptions from an approved HMPC Plan are basedon Section 95.07(B) of the HMO and include companies that handle small quantities ofhazardous materials which could not cause a dangerous release.From January 1, 2012 to December 31, 2012, MSD received 207 reports of hazardousmaterial and other type incidents, conducted 309 HMPC and exemption inspections,approved 33 HMPC plans and approved 37 HMPC exemptions. During that sametimeframe, MSD collected $2,100 in HMPC plan fees.The Appeals and Overseers Board held a meeting on April 24, 2012.highlights of the Board’s activities in 2012:Below are1. Revised HMO Appeals and Overseers Board Bylaws were approved; and2. Revised HMO Appeals and Overseers Board Ethics Policy was approved.3

INDUSTRIAL WASTE DEPARTMENTEMERGENCY RESPONSE AND HMPC PROGRAM UPDATEThe HMO requires industrial and commercial businesses that manufacture, use, or storereportable quantities of listed hazardous materials or substances to submit a plan thataddresses what spill prevention and control will be in effect for those hazardousmaterials, as well as how releases of those materials will be reported to appropriateauthorities.The documentation required is known as the Hazardous Material SpillPrevention and Control Plan (HMPC plan). The main objective of the HMPC plan is toobtain pertinent information/data about an industry’s chemicals on site, and facilities andstructures used to contain, process and store hazardous materials. Also required aredetailed disclosures of equipment, maps, plans and materials that will be used to mitigatereleases and/or spills. The plans account for or identify sewer facilities on site, describetraining requirements for employees, and include an Attachment outlining the industrialfacility’s spill plan.As administering agency for the HMO, MSD is responsible for reviewing and approvingHMPC plans and exemptions, conducting inspections at businesses with a HMPC plan,responding to hazardous materials incidents in Metro, determining whether violations ofthe HMO have occurred and imposing appropriate enforcement actions (correctionnotices, notices of violation and/or administrative fines) on the responsible partiesinvolved in the violation. MSD is part of the Metro response community along with otheragencies such as Louisville and Suburban Fire Departments, Metro Public Health andWellness, and the Metro Emergency Management Agency, as well as various Stateresponse agencies. MSD is committed in its continued cooperation with other responseagencies to maximize the community’s resources in order to provide the best possibleemergency response in our community. It is recognized and acknowledged by MSD thatthe program’s success is in large part due to the dedication and commitment displayed byall of the agencies involved in emergency response in this community.During this reporting period, MSD Emergency Response Pretreatment Inspectors(ERPIs) continued all of the activities associated with the HMO including HMPC Plan andExemption review and approval, inspections, Incident Response, and MSD CustomerRelations Request Response. In addition, MSD continued to administer the IncidentResponse Mitigation and Treatment Plant Upset Kit Programs and to hold bi-weeklyResponse Group Meetings (RGMs).4

Additionally, ERPIs have continued entering chemical inventory information into theHANSEN inventory database. MSD has entered inventory for over 99 percent of thecompanies in Jefferson County. This data will continue to be shared with otheremergency response agencies upon request to assist emergency response and longtermplanning efforts. All of the hazardous material data collected has geographiccoordinates associated with it. Using a Geographic Information System (GIS) to enhanceemergency response and hazardous materials planning has given MSD a strategicadvantage when analyzing the storage of materials in different parts of the county andultimately a better understanding of the risk associated with the use of those materials.Key statistics for January 1 through December 31, 2012 are as follows:Hazmat and Other Type Investigations ....................................... 312Inspections (HMPC and Exemption) ........................................... 309HMPC Plans Approved ................................................................. 33Exemptions Approved ................................................................... 37HMPC Fees Collected ............................................................ $2,100Fines Levied by MSD ................................................................ NoneFines Levied by EMA ................................................................ None5

The following table lists enforcement actions taken for violations of the HMO for theperiod January 1 – December 31, 2012. The table lists the enforcement actions byincident number.COMPANYGrauer RealEstate, LLCc/oBluegrassSealing &Striping, Inc.Safety-KleenSystems, Inc.SyprisTechnologiesChevronLubricantsReynoldsConsumerProductsThornton OilCompanyLouisvilleZoologicalGardenINCIDENTNUMBERDATE OFVIOLATIONMATERIALRELEASED10238 11/29/11 Variousmaterialsand oilsREASONFORVIOLATIONNotice ofViolation forimproperstorage ofhazardousmaterials10264 01/23/12 Used oil Notice ofViolation fordelayednotificationto “911”10265 01/24/12 Coolant Notice ofViolation fordelayednotificationto “911”10266 01/25/12 Motor oil Notice ofViolation fordelayednotificationto “911”10328 04/16/12 Magiesol 44petroleumproductNotice ofViolation forfailure tonotify “911”10363 06/30/12 Gasoline Notice ofViolation forfailure totrainemployee onHMPC Planrequirements10381 07/20/12 Used oil Notice ofViolation forfailure tomaintain spillpreventionand controlequipmentSECTIONOF HMOVIOLATED95.07 (L)95.06 (A) (1)95.06 (A) (1)95.06 (A) (1)95.06 (A) (1)95.07 (H) (1)95.07 (L) (4)6

COMPANYLouisvilleGas andElectricCompanyBrown-FormanCorporationMiller OilCompanyINCIDENTNUMBERDATE OFVIOLATIONMATERIALRELEASED10407 10/01/12 Dielectric oil(non-PCB)10411 07/26/12 80 proofalcoholREASONFORVIOLATIONNotice ofViolation forfailure tofollow aHMPC Planand failure totrainemployee onHMPC PlanrequirementsNotice ofViolation forfailure tonotify “911”and failure totrainemployeeson HMPCPlanrequirements10421 10/26/12 Gasoline Notice ofViolation forfailure tonotify “911”SECTIONOF HMOVIOLATED95.07 (L) (2)& (3)95.06 (A) (1)and 95.07(H) (1)95.06 (A) (1)7

APPEALS AND OVERSEERSBOARD MEMBERSHIPMr. A. Gilliam Alexander, Jr.ChairpersonMr. Matthew RhodesVice-ChairpersonMr. Tom HermanRecorderMr. Jonathan D. MillerMr. W. Michael WinklerColonel Douglas V. RecktenwaldMr. Creg BrowneChief David GoldsmithMs. Susan ChaplinConsultant CommunityResponse CommunityIndustrial CommunityGeneral PublicIndustrial CommunityResponse CommunityIndustrial CommunityResponse CommunityGeneral Public*******************************************************************************************MSD STAFF ASSISTANCEMr. Scott PorterMr. Gary KohlerMs. Lisa A. GausMr. Jeff NalleyMr. Mike MooreMr. James HeidMr. Bob PifineMr. Ken NichterMs. Adraine NiehoffMrs. Kandyce GrovesMs. Peggy BurginMrs. Vikki HuelsmanEnvironmental AttorneyResponse Pretreatment SpecialistEmergency Response PretreatmentAdministratorEmergency Response Pretreatment InspectorEmergency Response Pretreatment InspectorEmergency Response Pretreatment InspectorEmergency Response Pretreatment InspectorEmergency Response Pretreatment InspectorEmergency Response Pretreatment InspectorEmergency Response Pretreatment InspectorPretreatment TechnicianAdministrative Coordinator8

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