Sec. 16-108. - Standards.
(a) Exceptions. Movement routing all vehicles to transport any hazardous material shall be confined to preferred routes except when:
(1) Emergency conditions make preferred routes unsafe.
(2) The vehicle used to transport the hazardous material is required to enter the corporate limits of the city before gaining access to preferred routes.
(3) Delivery point of hazardous material is located in an area that requires the vehicle to move over other roads. In that event, the shortest and/or safest route will be used.
(4) It is necessary to stop for rest, fuel, and/or vehicle repairs.
(b) Reports. All manufacturers, users, storers, transporters of, or other entity whatsoever, shall immediately report incidents or accidents involving hazardous materials, whether there is evidence of release or not, to the city fire department by the fastest possible means of communication and within the shortest time possible after occurrences of such accident or incident. The body of the report shall indicate:
(1) Location of accident/incident.
(2) Hazardous material involved.
(3) Availability of shipping papers in transportation accident/incident.
(c) Transport vehicle. The operator of a vehicle used to transport hazardous material shall, before operating a vehicle into, within or through the corporate limits of the city, inspect such vehicle and determine that:
(1) Brakes are in good working order.
(2) Steering mechanism is in good working order.
(3) All electrical wiring is in good working order.
(4) The vehicle is in a safe condition to transport hazardous material.
(5) All emergency features are installed and operative, as required by U.S. Department of Transportation and state statutes and regulations.
(6) Hazardous material placarding, as required by the U.S. Department of Transportation, is accomplished.
(d) Operator qualifications. No person shall operate a vehicle used to transport hazardous material without first having met driver or operator training requirements, as outlined in U.S. Department of Transportation regulations and state statutes.
(e) Radioactive waste material transportation permit. No person shall transport radioactive waste material into, within, or through the corporate limits of the city, without a permit issued by the state emergency management agency, if this material is covered under the Mississippi Radioactive Materials Transportation Act, MCA 1972, § 45-14-4.
(f) Insurance. Manufacturers, users, stores, transporters and disposers of hazardous material shall have sufficient liability insurance to protect the city and the general public at-large from possible death, injury or damage to any person or property due to manufacture, use, storage, transportation or disposal of this material.
(g) City harmless. Manufacturers, users, storers, transporters and disposers of hazardous material shall be required to hold the city harmless for all claims, actions or proceedings in law or equity arising from hazardous material incidents/accidents within the corporate limits of the city, including all costs of defending same; provided, however, that nothing contained herein shall be construed as a wavier of the city governmental immunity.
(h) Cleanup. Manufacturers, users, storers, transporters and disposers of hazardous material shall be responsible for the cost of cleanup of hazardous material accident sites, to include professional personnel deemed necessary by the city fire department's HIRT and other city personnel deemed necessary by the HIRT to provide proper cleanup and decontamination efforts. These decontamination and cleanup operations must meet the requirements of the U.S. Environmental Protection Agency and the office of pollution control, state and city department of environmental quality.
(Ord. No. 2477, § 6, 2-8-1994)
