DIVISION 3


REGULATION OF POLYCHLORINATED
BIPHENYLS



SEC.

11-061.00 Definitions


    (1)     Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of a material into or on any land or water so that such material, or any constituent thereof, may enter the environment or be emitted into the air or discharged into any waters, including groundwaters; or the incineration of any material, so that such material, is emitted into the air.

    (2)     Storage means the containment of any material on a temporary basis.

    (3)     Treatment means any method, technique or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any material, so as to neutralize such material or render it nonhazardous or nontoxic, safer for transport, amenable for recovery or storage, or reduced in volume. The term includes any activity or processing designed to change the physical form or chemical composition of material, to render it nonhazardous or nontoxic.

    (4)     Polychlorinated Biphenyls (PCB and PCB's) are defined for the purpose of this Division as any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees, or any combination of substances which contain such substances. The terms refer to any chemical substances and combinations of substances that contain greater than fifty (50) ppm (on a dry weight basis) or greater of PCB's and any container, piece of electrical equipment, item or other device or material which either deliberately or unintentionally contains, includes as a part of it, or has been in direct contact with any PCB or PCB's at a concentration of fifty (50) ppm or greater. Any chemical substances and combination of substances that contain less than fifty (50) ppm of PCB's because of any dilution shall be included as PCB and PCB's. Substances that are regulated by this Division include but are not limited to dielectric fluids, contaminated solvents, oils, waste oils, heat transfer fluids, hydraulic fluids, paints, sludges, slurries, dredge spoils, soils, materials contaminated as a result of spills, other chemical substances, or combinations of substances, including impurities and by-products, capacitors, transformers, contaminated containers, and any other contaminated item, device or material.

    (5)     Area Of Special Concern means a school, day care center, nursing home, grain elevator, public building or auditorium, hospital, church or theater.


    (6)     Area Of Special Environmental Concern means a flood hazard area or floodplain, wetland, surface or subsurface drinking water source in the Parish. All land below the ten-foot contour line shall be presumed to be a flood hazard area or wetland.
(Ord. No. 85-381, adopted 14/18/85)

(2)     SEC.

11-062.00 Regulated Areas



    (1)         No facility for the treatment, storage or disposal of polychlorinated biphenyls may be located in an area of special environmental concern.

    (2)         No facility for the treatment, storage or disposal of PCB's may be located within one (1) mile of an area of special concern.

    (3)         Any facility for the treatment, storage or disposal of PCB's located over an area of special environmental concern must be isolated from such area by a concrete slab two (2 ft.) feet or more thick with a vertical permeability of less than 1 x 10 - 8 cm/sec.

    (4)         Any facility for the treatment, storage or disposal of PCB's shall meet all local regulations and Ordinances applicable to the size and type of structure and the procedures conducted therein, as well as all applicable Federal and State laws and regulations in addition to the provisions of this Division.
(Ord. No. 85-381, adopted 04/18/85)

(3)     SEC.

11-063.00 Administration And Enforcement



    (1)         To ensure effective enforcement of the provisions of this Division, the Engineer shall have all administrative jurisdiction over the enforcement of this Division 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, wherein any of the identified chemicals, agents, compositions or substances are to be used, stored or transported within the Parish shall make application to the Engineer for review and should such 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 herein designated stream, river or lake, the Engineer shall so certify; and upon certification, such facility can be commenced in construction or use provided that the 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 the map shall show all ditches, drains, canals, streams, rivers and lakes within the vicinity of the proposed facility.
(Ord. No. 85-381, adopted 04/18/85)

SEC.

11-064.00 Violations And Penalties


    Any person found by a court of competent jurisdiction to be in violation of this Division shall be fined not more than Five Hundred Dollars ($500.00) and/or imprisoned for not more

than six (6) months for each violation. Any corporation, partnership or other legal entity found by a court of competent jurisdiction to be in violation of this Division shall be fined not more than Five Hundred Dollars ($500.00) per violation, and any officers of such a legal entity found by a court of competent jurisdiction to be knowingly in violation of this Division shall be fined not more than Five Hundred Dollars ($500.00) and/or imprisoned for not more than six (6) months for each violation. Each day's violation shall be construed as a separate offense. (Ord. No. 85-381, adopted 04/18/85)

SECS. 11-064.01 - 11.065.99 Reserved