4800 West 92nd Avenue Westminster, CO 80031

City Government

 

2. Transportation Of Hazardous Materials And Hazardous Waste By Motor Vehicle

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08/13 

CHAPTER 2

TRANSPORTATION OF HAZARDOUS MATERIALS AND HAZARDOUS WASTE BY

MOTOR VEHICLE

10-2-1:  LEGISLATIVE INTENT
10-2-2:  STATE REGULATIONS ADOPTED BY REFERENCE
10-2-4:  RESTRICTIONS ON TRANSPORTATION OF HAZARDOUS MATERIALS AND HAZARDOUS
               WASTE BY MOTOR VEHICLES; EXCEPTIONS
10-2-5:  SUSPENSION OF MOTOR VEHICLE OPERATIONS
10-2-6:  OPERATION OF MOTOR VEHICLES CARRYING HAZARDOUS WASTE OR MATERIAL
10-2-7:  REPORTING REQUIREMENTS
10-2-8:  DISCHARGING HAZARDOUS MATERIALS OR WASTE OR RADIOACTIVE MATERIALS
10-2-9:  AUTHORITY TO INSPECT AND DIRECT DISPOSITION OF CERTAIN MOTOR VEHICLES
10-2-10:  VIOLATIONS AND PENALTY

10-2-1:  LEGISLATIVE INTENT:  It is the intent of this Chapter to protect the public health, safety, and welfare by regulating the transportation of hazardous materials and hazardous waste on the streets and roadways in the City of Westminster so that the citizens of Westminster may be reasonably protected from the dangers of accidents involving hazardous materials and hazardous waste.  It is intended that the designation of routes for the transportation of hazardous materials and hazardous waste enhance the public safety by informing City officials of where such transporters are likely to be and by keeping access to residential areas to a minimum.  (1644 2067)

10-2-2:  STATE REGULATIONS ADOPTED BY REFERENCE:  (2067 3688)

(A)  Hazardous materials and hazardous wastes, as defined by the rules and regulations promulgated by the Colorado State Patrol at 8C.C.R. 1507-25, shall be transported within the City in accordance with 8 C.C.R. 1507-25, as the same may from time to time be amended, which is hereby adopted by reference pursuant to Section 1-1-4 of this Code, subject to any deletions, amendments and additions contained in this Chapter. 

(B)  This Section may be enforced by any City Police Officer or Firefighter who meets the inspector qualifications set forth in the Federal Regulations referenced by the Colorado State Patrol Regulations adopted in Subsection (A) of this Section.

(C)  Copies of the State Regulations adopted by reference in this Section are available for inspection at the office of the City Clerk.

10-2-4:  RESTRICTIONS ON TRANSPORTATION OF HAZARDOUS MATERIALS AND HAZARDOUS WASTE BY MOTOR VEHICLES; EXCEPTIONS: (1644 2067)

(A)  Hazardous material required to be placarded under 49 C.F.R. 172 and hazardous waste shall not be transported by motor vehicle within the City by any person except on the following routes or for the purpose of making pickups and/or deliveries within the City pursuant to Subsection (B) of this Section.

            1.  Denver-Boulder Turnpike (US 36)

            2.  Interstate 25

(B)  Motor vehicles carrying such hazardous material or hazardous waste which are making local pickups and/or deliveries shall be operated over the safest and most direct route to and from the origination or destination point.  The safest and most direct route shall also be taken when it is necessary to make successive pickups or deliveries. Such routes shall not pass through residential areas unless there is no practicable alternative.  Operating convenience shall not be a determining factor in determining whether the route taken was the safest and most direct, or whether there was no practical alternative to passing through residential areas.  In all instances, such vehicles shall comply with local truck routing and weight limitation restrictions and prohibitions.

(C)  Unless there is no practicable alternative, hazardous material and hazardous waste shall not be transported by motor vehicle within the City by any person for purposes of making pickups or deliveries over routes near or through areas of heavy population or places where crowds are assembled, through tunnels, or on narrow streets or alleys.  Operating convenience is not a basis for determining whether it is practicable to operate a motor vehicle in accordance with this paragraph.

(D)  The provisions of this Chapter shall not apply to farm machinery which is exempted from registration requirements pursuant to Section 42-3-102, C.R.S., or agricultural distribution equipment attached to or conveyed by such farm machinery, except for those provisions relating to the placarding of loads, spills, and operation of motor vehicles as set out in Section 10-2-6, and except when such vehicles are used in furtherance of any commercial business other than agriculture.  (1644)

10-2-5:  SUSPENSION OF MOTOR VEHICLE OPERATIONS:  The City Manager or his designee may temporarily suspend the operation within the City of some or all motor vehicles carrying hazardous material or hazardous waste whenever road, weather, traffic or other hazardous circumstances warrant that action to protect the health and welfare of the public.  In such event, the City shall immediately endeavor to notify the public of the suspension of operation by internet, newspaper, television or radio.  Written confirmation of such action will be provided by the City upon request.  (1644 2067 3688)

10-2-6: OPERATION OF MOTOR VEHICLES CARRYING HAZARDOUS WASTE OR MATERIAL:  (1644 2067)

(A)  The following restrictions shall apply to motor vehicles carrying hazardous waste or material within the City:

            1.  Except for the purposes of loading or unloading, no person shall park such motor vehicle within the City for more than one hour at any given time unless an exigent circumstance exists.  If an exigent circumstance does exist then the vehicle operator shall immediately notify an enforcement official.  This paragraph shall also apply to vehicle operators stopped for meals.

            2.  No person shall operate such vehicle so as to block any public right-of-way while loading or unloading cargo.

            3.  Except for purposes of loading or unloading, no person shall part such vehicle in any garage or covered building without first obtaining permission to do so from an enforcement official.

            4.  When necessary for safe operation, no person shall back such vehicle without the aid of a flagman.  No vehicle operator shall stop such vehicle for meals unless the vehicle is parked in a well-lighted area, not less than three hundred feet from the nearest building, and on or directly adjacent to a designated route.  The vehicle operator shall at all times comply with applicable regulations regarding attendance of such vehicles.

10-2-7:  REPORTING REQUIREMENTS: (1644 2067)

(A)  If any hazardous materials or hazardous wastes are discharged from a motor vehicle, either on private property, the public right-of-way or public property, the operator shall immediately notify the Police and Fire Department, the following information is necessary for proper identification under this section:

            1.  The location of the incident;

            2.  The proper shipping name of the hazardous materials or hazardous wastes involved and amount and types of cargo;

            3.  Information required to effect the cleanup of the cargo or to protect the health and safety of the public, if necessary, including flammability, toxicity or reactivity.

(B)  Upon request of an Enforcement Official the operator of a vehicle specified in Subsection (A) of this Section shall provide a copy of the shipping papers for inspection.  (1644)

10-2-8:  DISCHARGING HAZARDOUS MATERIALS OR WASTE OR RADIOACTIVE MATERIALS:  (1644 2000 2067)

(A)  No person shall discharge, cause to be discharged or permit hazardous materials, hazardous waste or radioactive materials into or upon any City street, highway, sanitary sewer, drainage canal or ditch, storm drain or flood control channel, or upon the ground, including private property, unless such discharge is expressly permitted by the property owner and complies with all applicable Federal, State and Local laws.

(B)  A violation of this Section is a criminal offense, punishable by a fine or imprisonment, or both, as provided in Section 1-8-1 of this Code.

10-2-9:  AUTHORITY TO INSPECT AND DIRECT DISPOSITION OF CERTAIN MOTOR VEHICLES:  Any Enforcement Official is hereby authorized to inspect any motor vehicle and the shipping papers carried therein when such vehicle is transporting hazardous waste or materials on the streets or highways within the City.  Further, Enforcement Officials are hereby authorized to immobilize, impound or otherwise direct the disposition of such motor vehicles when the officer determines that the motor vehicle, the operation thereof, or the commodity being transported is unsafe, and when such immobilization, impoundment or disposition is appropriate under or required by the provisions of this Chapter or by Rules and Regulations promulgated pursuant to Colorado Revised Statutes.  (1644 2067)

10-2-10:  VIOLATIONS AND PENALTY:  It is unlawful for any person to violate any of the provisions of this Chapter.  Any person convicted of a violation of any of the provisions of this Chapter shall be punished by a fine as set forth in Section 1-8-1 of this Code.  Each day that a violation continues shall constitute a separate offense.  (1644 1918 2067)

 

 

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