DIVISION 1, GENERALLY


EDITORIAL NOTE: Ord. No. 81-269, adopted 09/17/81 was specifically amendatory of the Code of Ordinances by adding provisions designated as 15-41 through 15-52, which provisions were redesignated by the Municipal Code Corp. with the city's [Parish's] permission as 11-31 through 11-35 for purposes of classification.
(2)    
SEC.

11-031.00 Definitions


    (1)     Close Proximity: It is declared that for the purposes of this Article, "close proximity" shall mean a distance of One Thousand (1,000 ft.) feet from the waterline or watermark of any herein designated stream, river or lake, at its highest recorded floodstage or tide, provided further, that any such facility designated in Section hereof shall be prohibited where upon certification by the St. Tammany Parish Engineer, any spill or runoff from such facility can or will gravitate at any time in the future to a stream, river or lake without regard to the distance to be traveled or the anticipated concentration or strength of the substance once it mixes with or enters the waters of any stream, river or lake.

    (2)     Hazardous, Dangerous And/Or Toxic Substances: For the purposes of this Article, "hazardous, dangerous and/or toxic substances" shall be those substances, chemicals, compositions or agents which are identified as any one or combination of the following substances:

        (1)         Pesticides including insecticides, herbicides, fungicides, and rodenticide;
        (2)         Phenolic compounds;
        (3)         Polynuclear aromatic hydrocarbons (PAH);
        (4)         Elements limited to arsenic, cadmium, chromium, lead, mercury, selenium and thallium.

    Any such substance which is identified by a trade name, common name or names used to identify a category of such substances, chemicals or agents shall apply to all such substances which have a substantial likeness or similarity in nature and use.


    (3)     Lake, River, Stream: For the purpose of this Article, "lake shall mean any body of water designated or named as a lake on any official maps of the State of Louisiana. "River" shall mean any stream or body of water which has a current flow and designated as a river or bayou on any official map of the State of Louisiana. "Stream" shall mean any body of water, depression or bed whether or not there is a current flow present or water present within its banks, when such stream is identifiable on any official map of the State of Louisiana and the directional course of said stream indicates a discharge of water into any river as defined above or into tributaries of any river.

    (4)     Storage Facility: For the purpose of this Article, "storage facility" is defined as any facility or part of a facility wherein any hazardous, dangerous or toxic substance as herein described comprises or accounts for a substantial part of the business or use of said facility regardless of whether the substance is marketed individually or incorporated into another product. (Ord. No. 81-269, adopted 09/17/81)

SEC.

11-032.00 Administration And Enforcement


    (1)    To ensure effective enforcement of the herein provisions the St. Tammany Parish Department of Public Works shall have all administrative jurisdiction over the enforcement of this Article regarding review of all plans submitted by applicants and certification thereof.

    (2)    Any person, firm, company or corporation desiring to construct, use or maintain any facility described herein, where any of the identified chemicals, agents, compositions or substances are to be used, stored or transported within the Parish, shall make application to Department of Public Works for review and should said Department decide that the facility is in an area which will not allow any spill or runoff from such facility to gravitate hazardous, dangerous or toxic substances into any designated stream, river or lake, the Engineer shall so certify and upon certification, such facility can be commenced in construction or use provided same complies with all other laws. All applications for such certification shall be accompanied by a true and accurate plan of the facility together with a map showing the exact geographical location of the proposed facility and said map shall show all ditches, drains, canals, streams, rivers and lakes within the vicinity of the proposed facility. (Ord. No. 81-269, 09/17/81)

SEC.

11-033.00 Use, Storage Of Hazardous Substances


    It shall be unlawful for any person, company or corporation to construct, maintain or operate any storage facility, processing plant or facility, wood preservation facility or transportation terminal wherein any hazardous, dangerous and/or toxic substances are to be used as a manufactured substance or chemical, or as a processing or preserving agent in said facilities, or wherein hazardous, dangerous and/or toxic substances are to be stored or transferred, in, upon or in close proximity to any herein designated waterway within the Parish of St. Tammany. (Ord. No. 81-269, adopted 09/17/81)

SEC.

11-034.00 Construction Of Pipeline To Transport Hazardous Substances Prohibited


    It shall be unlawful to construct any pipeline within the area defined in Section 11-031.00 above wherein said pipeline is intended to transfer or transport any prohibited hazardous,

dangerous and/or toxic substance as designated herein through any area as defined herein. (Ord. No. 81-269, adopted 09/17/81)

SEC.

11-035.00 Violations; Penalty; Civil Remedy


    (1)         A violation of any of the provisions of this Article shall constitute a misdemeanor and shall be punishable under Section 1-008.00 of the Code of Ordinances of St. Tammany Parish. For each day a violation occurs, the same shall constitute a separate offense regardless of whether said violation is of a continuing nature.
    (2)         There is also established herein a civil remedy at law separate and apart from any criminal violations herein for the removal of any facility constructed in violation of this Article. The Parish of St. Tammany may petition any court of competent jurisdiction to have any such facility removed at the expense and costs of the owner thereof and any such petition shall not effect nor penalize any prosecution of criminal charges hereunder. (Ord. No. 81-269, adopted 09/17/81)

SECS. 11-035.01 - 11-049.99 Reserved

SEC.

11-050.00 Hazardous/Nonhazardous Materials, Fire Protection Districts To Recover Costs


    (a)    Any fire protection district and any volunteer fire department shall have the authority to charge any person causing or contributing to a discharge of a hazardous or nonhazardous material or substance the extraordinary expenses of undertaking any remedial actions necessary to contain, abate, clean up, restore, or remove the discharge.

    (b)    The governing authority of any fire protection district assessing charges for remedial costs for actions taken in the cleaning up of any discharge of hazardous or nonhazardous material or substance as provided in this Section shall also have the authority to use any reasonable means to collect and enforce the collection of such costs.

    (c)    The governing authority of any fire protection district shall be entitled to recover the amount of said costs, together with all costs of court and reasonable attorney fees incurred in the enforcement of collection.
(Ord. No. 91-1537, adopted 12/19/91)

STATE REFERENCE: LSA R.S. 33:1974. CROSS REFERENCE: See Article I Chapter 8, Section 8-035.00 for similar provisions.