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F-2301.2 Permit required: A permit shall be required for the generation, dispatching, receiving, storage, dispensing, use, or handling of hazardous materials as indicated in Chapters 24 through 43. The required permit quantities shall be as indicated in the referenced chapters, or for any amount of extremely hazardous substance regulated by Title III of the Superfund Amendments and Reauthorization Act dated 1986 (SARA Title III). For hazardous material that is dangerous to public health or safety even in small quantities, the code official is authorized to require a permit for the generation, storage, handling, dispatching, receipt or use of a hazardous material where the total quantity is less than that regulated by Chapters 24 through 43.

A storage or processing facility, or other area regulated by this code, shall not be abandoned, closed or substantially modified until a permit has been issued in accordance with Section F-[107.0] 103.0.

F-2301.2.1 [Reserved] Management plan: Every owner or operator making application for a permit shall prepare and maintain on site a Hazardous Materials Management Plan (HMMP) or other approved plan that includes: a site plan; a floor plan; information on hazardous material handling and chemical compatibility, monitoring methods, security precautions, hazard labeling, inspection procedures, employee training and available emergency equipment.

Exception: A HMMP is not required when approved by the code official.

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F-2301.2.3 Polychlorinated biphenyls: All facilities, both public and private, possessing equipment containing polychlorinated biphenyls (PCBs) shall report their presence to the Fire Department. Additionally, each facility shall be in compliance with the proper use, recordkeeping, storage, disposal and marking requirements as contained in the United States (US) Environmental Protection Agency (EPA) 40 Code of Federal Regulations, Part 761.

F-2301.2.3.1 [Inspection of publicly owned PCB equipment: All publicly owned PCB equipment shall be inspected annually by the Fire Department. Violations will be reported to the EPA.

F-2301.2.3.2] Inspection of [privately owned] PCB equipment: The Fire Department is authorized to conduct random inspections of all [privately owned] PCB equipment. [Violations will be reported to the EPA] City owned equipment shall be subject to an ongoing inspection program by the Fire Department.

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F-2301.3.1 Out-of-service facilities (Delete subsection)

F-2301.4 Hazardous material emergency planning and response: Pursuant to SARA Title III and the Pennsylvania Hazardous Material Emergency Planning and Response Act of 1990 (HazMat Act), the following requirements are established to provide for hazardous material emergency planning and response:

F-2301.4.1 Philadelphia Local Emergency Planning Committee: The Philadelphia Local Emergency Planning Committee (PLEPC) has been established pursuant to subsection 203(a) of the HazMat Act and is composed as follows:

1. The Mayor of Philadelphia or designee.

2. The Managing Director or designee.

3. The Chairperson of the Public Safety Committee of City Council or that person's designee.

4. The Emergency Management Services Director of the City.

5. At least one person from each of the following City departments, agencies or offices:

5.1. Fire Department.

5.2. Police Department.

5.3. Department of Public Health.

5.4. Law Department.

5.5. City Planning Commission.

5.6. Department of Licenses and Inspections.

5.7. Water Department.

5.8. Streets Department.

5.9. Office of Emergency Management.

5.10. Mayor's Office of Neighborhood Services.

6. At least one (1) person representing each of the following entities:

6.1. United States Coast Guard Group -- Philadelphia.

6.2. Consolidated Rail Corporation.

6.3. Southeastern Pennsylvania Transportation Authority.

6.4. Southeastern Pennsylvania Chapter, American Red Cross.

6.5. Pennsylvania Motor Truck Association.

7. At least one (1) person representing each of the following groups:

7.1. Hospitals and/or health care agencies.

7.2. Environmental advocacy organizations.

7.3. Owners and operators of regulated facilities.

7.4. Community groups not affiliated with emergency service groups.

7.5. Broadcast and print media.

F-2301.4.2 Appointment of members to PLEPC: Pursuant to the HazMat Act, the members of the PLEPC have been appointed by the Pennsylvania Emergency Management Council. Should a vacancy occur in the PLEPC, City Council shall nominate to the Pennsylvania Emergency Management Council, in the form of a resolution, a successor member to the PLEPC, selected from a list of candidates submitted by the PLEPC. A vacancy shall occur upon the death, resignation, disqualification or removal by City Council of a member of the PLEPC, or in the event that the City Council determines to increase the number of PLEPC members.

F-2301.4.3 Emergency Management Services Director: Pursuant to the HazMat Act, the City's Emergency Management Services Director, who is the person designated by the Mayor to perform emergency management functions, shall have the lead responsibility for ensuring that the plans and activities of PLEPC comply with SARA Title III, the HazMat Act, and other applicable statutes, laws and ordinances.

F-2301.4.4 Emergency response plan: The Comprehensive Local Emergency Response Plan (Emergency Response Plan) required by Section 303 of SARA Title III and Section 203(k) of the HazMat Act shall include, but not be limited to, each of the following:

1. Identification of each Regulated Facility within the City, identification of routes likely to be used for the transportation of substances on the list of Extremely Hazardous Substances and identification of additional facilities contributing or subject to additional risk due to their proximity to the Regulated Facility subject to the requirement of this section, such as hospitals or natural gas facilities.

2. Methods and procedure to be followed by Regulated Facility owners and operators and local emergency and medical personnel to respond to any Release of such substances.

3. Designation of a community emergency coordinator and Regulated Facility emergency coordinators who shall make determinations necessary to implement the Emergency Response Plan.
4. Procedures providing reliable, effective and timely notification by the Regulated Facility emergency coordinators and the City Emergency Management Services Director to persons designated in the Emergency Response Plan and to the public, that a Release has occurred, consistent with the notification requirements of Section 304 of SARA Title III.

5. Methods for determining the occurrence of a Release, and the area of population likely to be affected by such Release.

6. A description of emergency equipment and facilities in the City and at each Regulated Facility and an identification of persons responsible for such equipment and facilities.

7. Evacuation plans, including provisions for a precautionary evacuation and alternative traffic routes.

8. Training programs, including schedules for training of local emergency response and medical personnel. Training shall meet the minimum standards outlined in 29 Code of Federal Regulations 910.120, Hazardous Waste Operations and Emergency Response.

9. Methods and schedules for exercising the Emergency Response Plan.

F-2301.4.5 Hazardous Material Emergency Response Preparedness Assessment: Within one (1) year of the completion of procedures to be developed by the Pennsylvania Emergency Management Agency in accordance with Section 204(a)(3) of the HazMat Act, the City Emergency Management Services Director shall develop and submit to the Pennsylvania Emergency Management Council a Hazardous Material Emergency Response Preparedness Assessment (the Assessment). The Assessment shall be updated annually. The City shall assess the potential dangers and risks that hazardous material Releases from Regulated Facilities and transportation accidents pose to public health and the environment, identify the City's needs and resources for hazardous material response teams to deal with those dangers and risks and outline its plan for implementing City emergency planning functions under the HazMat Act. The Assessment shall include the following:

1. Potential threats posed by Regulated Facilities required to be included in the City's Emergency Response Plan under Section 303 of SARA Title III, and other concentrations of hazardous material in the City or in areas immediately adjacent to the City that may pose a threat.

2. Potential threats posed by hazardous material transported by highway and railroad in the City.

3. Identification of existing capabilities to respond to hazardous material Releases, including personnel, equipment, training, planning and identification of existing hazardous material response zones.

4. Organization and operation of a certified hazardous material response team under Section 209(e) of the HazMat Act and identification of the need for personnel, equipment, training and planning needed to respond to potential threats, including the designation of proposed levels of preparedness for the City's hazardous material response team.

5. Identification of other resources needed to implement the provisions of the HazMat Act and to support the PLEPC.

6. An audit of the Hazardous Material Emergency Response Account.

F-2301.4.6 Hazardous Material Emergency Response Account: A non-lapsing restricted account, to be known as the Hazardous Material Emergency Response Account (HazMat Account) shall be established within the Grants Revenue Fund by the City Finance Department and shall consist of all fees authorized by this subsection, City, federal or state funds, grants, loans or penalties and any private donations provided to finance the hazardous material safety program established pursuant to the HazMat Act. Expenditures from the HazMat Account shall be made pursuant to appropriations from the HazMat Account of the Grants Revenue Fund and consistent with the needs identified in the City's Assessment. The PLEPC shall be consulted with respect to the consistency of proposed expenditures with the needs identified in the assessment.

F-2301.4.7 Hazardous Chemical Fee: By March 1 of every year, each owner or operator of a Regulated Facility shall pay to the City Revenue Department, to be deposited in the HazMat Account, a Hazardous Chemical Fee for each hazardous chemical which is required by Section 312 of SARA Title III to be listed on the hazardous chemical inventory form (Tier II) which the owner or operator of a Regulated Facility submits to the PLEPC, provided that no fee may be applied to additional facilities or hazardous materials because of changes made by the United States Environmental Protection Agency in lists of hazardous materials, threshold planning quantities or other requirements under SARA Title III, unless there has been compliance with the provisions of Section 213 of the HazMat Act. A credit in an amount up to one hundred percent (100%) of the Hazardous Chemical Fee obligation shall be given to Regulated Facility owners or operators for training, equipment or other in-kind services donated to the City to support the hazardous material safety program, if such training, equipment or in-kind services are accepted by the City upon approval of the Emergency Management Services Director following a review by the PLEPC of a written proposal of donation. The PLEPC shall recommend to the City's Emergency Management Services Director whether or in what amount a credit for such training, equipment or in-kind services shall be extended to a Regulated Facility owner or operator. Each agreement by the City to accept such a donation in exchange for a credit toward the Hazardous Chemical Fee obligation shall be written, and shall specify the amount of credit to be awarded, based on the fair market value of equipment donated and the agreed-upon value of training or in-kind services donated. The owners or operators of family farm enterprises, service stations (as such terms are defined in the HazMat Act) and Regulated Facilities owned by state and local governments shall be exempt from payment of the fees required in this section.

F-2301.4.8 Emergency Planning Fee: By March 1 of every year, each owner or operator of a Regulated Facility that manufactures, produces, uses, stores, supplies or distributes and Extremely Hazardous Substance in quantities larger than the threshold planning quantities shall pay to the City Revenue Department for each Regulated Facility an Emergency Planning Fee. A credit in the amount of one hundred percent (100%) of this Emergency Planning Fee shall be available to Regulated Facility owners or operators for training, equipment or other in-kind services donated to the City to support the hazardous material safety program if such training, equipment or in-kind services are accepted by the City in the same manner provided for acceptance of donations credited to the Hazardous Chemical Fee in F-2301.4.7 and are in addition to those for which credit is claimed under F-2301.4.7. The owners or operators of family farm enterprises, service stations (as such terms are defined in the HazMat Act) and Regulated Facilities owned by state and local governments shall be exempt from payment of the fees required by this section.

F-2301.4.9 Limited liability of members of the PLEPC: Pursuant to the HazMat Act, no member of the PLEPC shall be liable for the death of or any injury to persons or loss or damage to property or the environment or any civil damages resulting from any act or omission arising out of the performance of the functions, duties and responsibilities of the PLEPC, except for acts or omissions which constitute willful misconduct.

F-2301.4.10 Relationship to federal and state laws: The requirements of F-2301.4 shall be read in conjunction with federal and state acts, laws or regulations providing for the identification, labeling or reporting of information concerning hazardous material Releases, and any other health and safety matters related to hazardous materials, and is intended to supplement federal and state acts, laws and regulations in the interest of protecting the health and safety of the citizens of this City. In those instances where the provisions of F-2301.4 are more comprehensive or stringent than the provisions of an applicable federal or state act, law or regulation, the provisions of F-2301.4 shall be controlling.