MATERIALS MANAGEMENT PLAN.

Austin City Code tit. 6, ch. 6-2, art. 3

in effect

Austin City Code § 6-2-31 MATERIALS MANAGEMENT PLAN REQUIRED.

§ 6-2-31 - MATERIALS MANAGEMENT PLAN REQUIRED. An applicant for a permit shall file a materials management plan with the director. Source: 1992 Code Section 14-3-37; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-32 COMPLIANCE WITH MATERIALS MANAGEMENT PLAN.

§ 6-2-32 - COMPLIANCE WITH MATERIALS MANAGEMENT PLAN. (A) A person who does not comply with a materials management plan on file with the director commits an offense. (B) A permittee may not store a quantity of hazardous material that substantially exceeds the maximum storage capacity designated in the material management plan. Source: 1992 Code Section 14-3-44; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-33 CONTENTS OF MATERIALS MANAGEMENT PLAN.

§ 6-2-33 - CONTENTS OF MATERIALS MANAGEMENT PLAN. (A) A materials management plan must include the following general information: (1) name and address of the facility; (2) business phone number; (3) name, title, and business phone number of the responsible person; (4) number of employees; (5) hours of operation; (6) principal business activity; and (7) names and telephone numbers of the primary and secondary emergency response persons. (B) A materials management plan must include a general map of the facility. (1) The general map must depict: (a) location of each structure; (b) hazardous material loading, handling, and storage areas; (c) parking lots, internal roads, drives; and (d) storm sewer and sanitary sewer drains, and manholes; (2) The director may require that the general map depict the one hundred-year floodplain and the location of surface water. (C) A materials management plan must include a hazardous materials areas map that depicts: (1) the location of each hazardous material storage or use area, including a temporary storage area; and (2) for each storage or use area: (a) the access route; (b) the type and location of emergency equipment; and (c) the name and maximum quantity of hazardous material. (D) A materials management plan must include a hazardous materials inventory that includes: (1) the name of each hazardous material stored; (2) the floor plan to scale and the maximum hazardous materials storage capacity of the facility; and (3) the estimated maximum amounts and the Underwriter's Laboratory (UL) number, if any, for each hazardous material stored. (E) A materials management plan must include, for each hazardous material stored: (1) a material safety data sheet describing the material's toxicity rating, reactivity rating, and flammability rating, if available; or (2) the material classification assigned by Title 49 of the Code of Federal Regulations, Section 172.101. (F) A materials management plan must include a contingency plan as prescribed by Section 6-2-34 (Contingency Plan). (G) Except as provided in Subsection (H), a materials management plan must include: (1) a closure plan as prescribed by Section 6-2-35 (Closure Plan); and (2) a warning marking plan as prescribed by Section 6-2-36 (Warning Marking Plan). (H) A closure plan or a warning marking plan is not required for: (1) a person required by Title 29 of the Code of Federal Regulations Section 1910.1200(e) to develop and implement a written hazard communication program; or (2) a person regulated by Chapter 502 (Hazard Communication Act) of the Texas Health and Safety Code. Source: 1992 Code Sections 14-3-38, 14-3-39(A), 14-3-40(A), and 14-3-45; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-34 CONTINGENCY PLAN.

§ 6-2-34 - CONTINGENCY PLAN. (A) A contingency plan describes procedures for responding to an emergency at a storage facility. (B) A contingency plan must include: (1) a description of the procedures that facility personnel must follow in responding to a fire, explosion, or unauthorized discharge of a hazardous material; (2) a requirement that the facility operator: (a) provide a description of simplified emergency procedures to each employee who deals with hazardous materials; and (b) conspicuously post simplified emergency procedures near the locations a regulated hazardous material is stored or handled; (3) the name, business address and emergency telephone number of the primary and secondary emergency response persons; (4) an evacuation plan for the facility; (5) a list of emergency assistance telephone numbers; (6) a hazardous material spill, containment, and clean-up plan; and (7) the name of at least one person capable of and permitted to perform containment and clean-up. Source: 1992 Code Section 14-3-39; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-35 CLOSURE PLAN.

§ 6-2-35 - CLOSURE PLAN. (A) A closure plan describes procedures for ending the storage of hazardous materials in each storage facility. (B) A closure plan must: (1) minimize the need for further maintenance; (2) minimize the threat to public health or safety from residual hazardous material; (3) describe the method by which the hazardous material is to be removed, disposed of, neutralized, or reused; (4) provide for the removal or decontamination of each storage facility; and (5) if appropriate, require that the applicant: (a) conduct a soil sample analysis and provide the director with all the sampling information, including the location of each sample, sampling method, test procedure, and test result; and (b) if there is an indication of soil contamination, demonstrate to the satisfaction of the director that the contamination is not a threat to public health or the environment. (C) A closure plan for an underground storage tank must include the procedures prescribed by this subsection. (1) For a tank closure in place, a permittee shall: (a) remove all flammable or combustible liquid from the tank and connecting lines; (b) disconnect each suction, inlet, gauge, or vent line; (c) completely fill the tank with concrete slurry or other material capable of filling all voids and hardening to a solid material, as approved by the director; (d) cap underground piping; and (e) request that the director conduct a tank closure inspection. (2) For a tank removal, a permittee shall: (a) remove all flammable or combustible liquid from the tank and connecting lines; (b) disconnect and cap or plug each suction, inlet, gauge, or vent line; (c) before the tank is removed, remove all ignitable vapor by: (i) filling the tank with carbon dioxide gas, including the use of dry ice at a rate of 15 pounds for each 1000 gallon capacity; or (ii) using another method approved by the director; and (d) request that the director conduct a tank removal inspection. Source: 1992 Code Section 14-3-40; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-36 WARNING MARKING PLAN.

§ 6-2-36 - WARNING MARKING PLAN. A warning marking plan provides for warning markings on aboveground containers, storage areas, structures, fences, gates, and access points describing the hazard of the material stored. Source: 1992 Code Section 14-3-43; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-37 PUBLIC INFORMATION; EXCEPTION FROM DISCLOSURE.

§ 6-2-37 - PUBLIC INFORMATION; EXCEPTION FROM DISCLOSURE. (A) Except as otherwise provided in this section, a materials management plan is a public record. (B) An applicant or permittee may identify hazardous material registered under this chapter by use of a code that prevents its identification by a person other than a city employee if the applicant requests that the City not disclose the information to the public, and: (1) the material is a trade secret; (2) its disclosure would cause substantial competitive harm to the applicant; or (3) its disclosure is not otherwise required by Chapter 552 (Public Information Act) of the Texas Government Code. (C) An applicant or permittee may request that the director not disclose to the public information described in Subsection (B) by: (1) making the request at the time the confidential information is provided to the director; (2) clearly identifying the confidential information; and (3) providing a statement by the applicant's or permittee's attorney that supports the claim of confidentiality. (D) The failure of an applicant or permittee to comply with Subsection (C) does not abrogate a claim of confidentiality. Source: 1992 Code Sections 14-3-42 and 14-3-46(A); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-38 MATERIALS MANAGEMENT PLAN AMENDMENT.

§ 6-2-38 - MATERIALS MANAGEMENT PLAN AMENDMENT. (A) Except as provided in Subsection (B), if an event occurs that results in a materials management plan being untrue or incomplete, the permittee shall amend the plan not later than the 30th day after the date of the event. (B) A plan amendment is not required: (1) for a change in land use within one mile of the facility or a minor change in the quantity of stored hazardous materials, if the Fire Department's ability to respond safely in an emergency is not affected by the change; or (2) for the temporary storage of a hazardous material for a period of not more than 45 days. (C) An application for a plan amendment must include the appropriate plan amendment. Source: 1992 Code Section 14-3-47(A); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-39 APPLICATION FOR APPROVAL OF STORAGE FACILITY CLOSURE.

§ 6-2-39 - APPLICATION FOR APPROVAL OF STORAGE FACILITY CLOSURE. (A) Except as provided in Subsection (B), a permittee shall file an application for approval to close a storage facility with the director not later than the 30th day before the termination of the storage of hazardous materials at the facility. (B) The director may waive the 30-day period if the director determines that special circumstances require the waiver. (C) If a change to the closure plan on file with the director is necessary, the permittee shall include the change in the application for closure. Source: 1992 Code Section 14-3-47(B); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-2-40 FACILITY CLOSURE.

§ 6-2-40 - FACILITY CLOSURE. A permittee shall comply with the facility closure plan on file with the director when closing a facility. Source: 1992 Code Section 14-3-47(B); Ord. 031023-10; Ord. 031211-11.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT6ENCOCO_CH6-2HAMA_ART3MAMAPLFetched: 10/27/2026