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1. Charter
2. Title 1 General Administration
3. Title 2 Government Organization
4. Title 3 Revenue and Taxation
5. Title 4 Licenses and Permits
6. Title 5 General Offenses
7. Title 6 Health, Safety, and Sanitation
1. Chapter 6-1 Animals
2. Chapter 6-2 Weed Control
3. Chapter 6-3 Trash
4. Chapter 6-4 Regulation of Smoking
5. Chapter 6-5 Rodent Control
6. Chapter 6-6 Rodent Control
7. »Chapter 6-7 Hazardous Material Transportation
8. Chapter 6-8 Nuclear Free Zone
9. Chapter 6-9 Air Quality
10. Chapter 6-10 Pesticide Use
11. Chapter 6-11 Ozone-Depleting Compounds
12. Chapter 6-12 Trash Hauling
13. Chapter 6-13 Voice and Sight Control Evidence Tags
8. Title 7 Regulation of Vehicles, Pedestrians, and Parking
9. Title 8 Parks, Open Space, Streets, and Public Ways
10. Title 9 Land Use Regulation
11. Title 10 Structures
12. Title 11 Utilities and Airport
13. Title 12 Human Rights
14. Title 13 Elections and Campaign Disclosures and Activities
15. Title 14 Arts
16. Index
17. Ordinances Pending Codification

Page Contents

• 6-7-1 Legislative Intent
• 6-7-2 Definitions
• 6-7-3 Adoption of Federal and State Laws and Regulations Affecting Transportation of Hazardous Material
• 6-7-4 Violations of Hazardous Material Transportation Chapter
• 6-7-5 Operating Requirements
• 6-7-6 Inspections
• 6-7-7 Notification to Emergency Response Authority
• 6-7-8 Transport Routes Established (Repealed by Ordinance No. 5382 (1991))
• 6-7-9 Authority to Impound
• 6-7-10 Route Extensions (Repealed by Ordinance No. 5382 (1991))

Chapter 6-7: Hazardous Material Transportation¹⁹

6-7-1 Legislative Intent.

(a) It is the intent of the city council in enacting this chapter to regulate the transportation of hazardous material and hazardous waste in the city in order to preserve the health, safety, and welfare of its inhabitants. The city council finds that there are federal and state laws that regulate hazardous material transportation and that those laws do not exclude local government regulation when such local regulation is not inconsistent therewith.²⁰ The city council further finds that the provisions of this chapter address the city's local concerns, including, without limitation, the establishment of appropriate transportation routes in the city and the implementation of effective enforcement. The city council finds that the provisions of this chapter are not inconsistent with federal and state law.

(b) The city council finds that the routes designated in this chapter minimize the risk of transportation of hazardous material and hazardous waste in the city, provide for reasonable accessibility to places of pickup and delivery, provide routes that are continuous with the commonly used commercial routes outside the city, do not produce a discontinuity of routes between jurisdictions, do not prevent through traffic and do not result in unnecessary delay in the transportation of hazardous material or hazardous waste.

(c) The city council finds that existing federal laws contain extensive standards for the safe transportation of hazardous material and hazardous waste, and the city council intends in this chapter to adopt those standards as the requirements for the transportation of such material in the city. The city council finds that such adoption will decrease the extreme risk to public health and safety posed by the transportation of hazardous material and hazardous waste in the city and promote more effective enforcement by creating such a capability at the local level.

6-7-2 Definitions.

The following terms are defined as follows:

"CFR" means the United States Code of Federal Regulations.

"DOT" means the United States Department of Transportation.

"Hazardous material" means any material that is a hazardous material for purposes of the federal Hazardous Materials Transportation Act, 49 U.S.C. sections 1801 through 1812 and regulations promulgated thereunder that is transported in the city.

"Hazardous waste" means any material that is subject to the hazardous waste manifest requirements of the United States Environmental Protection Agency specified in 40 CFR part 262 or would be subject to these requirements absent an interim authorization to a state under 40 CFR, part 123, subparagraph F.

(Ordinance No. 5039 (1987))

6-7-3 Adoption of Federal and State Laws and Regulations Affecting Transportation of Hazardous Material.

The requirements of the federal Hazardous Materials Transportation Act, 49 U.S.C. sections 1801 through 1812, and regulations promulgated thereunder, 49 CFR parts 171 through 179 for transportation of hazardous material or hazardous waste, are hereby adopted by reference as the requirements for transportation of hazardous material and hazardous waste in the city. These regulations also incorporate other federal hazardous material transportation requirements including, without limitation, the Federal Motor Carrier Safety regulations, 49 CFR parts 390 through 397, and Federal Nuclear Regulatory Commission regulations concerning spent nuclear fuel and high-level radioactive waste, 10 CFR parts 71 and 73.

6-7-4 Violations of Hazardous Material Transportation Chapter.

(a) No person shall fail to transport hazardous material or hazardous waste in the city in conformity with the requirements of section 6-7-3, "Adoption of Federal and State Laws and Regulations Affecting Transportation of Hazardous Material," B.R.C. 1981.

6-7-5 Operating Requirements.

(a) No person transporting hazardous material or hazardous waste in the city shall fail to operate the transport vehicle at all times with its headlights illuminated.²¹

6-7-6 Inspections.

(a) Peace officers of the city and personnel of the city's fire department may inspect any vehicle transporting hazardous material or hazardous waste in the city to determine whether the vehicle is in compliance with the requirements of this chapter.²²

(b) No person transporting hazardous material in the city shall fail to submit to any inspection conducted under subsection (a) of this section.

(Ordinance No. 5039 (1987))

6-7-7 Notification to Emergency Response Authority.

(a) No person transporting hazardous material or hazardous waste in the city shall fail to notify the city's fire department of any hazardous material incident at the earliest practicable moment after occurrence of the incident. An incident shall be reported if it is one that is required to be reported to DOT under the provisions of 49 CFR section 171.16 including, without limitation, any incident involving the unintentional release of any quantity of any hazardous material or the discharge of hazardous waste.²³

(Ordinance No. 5039 (1987))

6-7-8 Transport Routes Established.

Repealed.

(Ordinance Nos. 5039 (1987); 5071 (1987); 5382 (1991))

6-7-9 Authority to Impound.

Peace officers of the city or personnel of the city's fire department are authorized to immobilize, impound, or otherwise direct the disposition of a motor vehicle transporting hazardous material in the city if such person deems that the motor vehicle or the operation thereof is unsafe and when such immobilization, impoundment, or disposition is appropriate under or required by rules and regulations promulgated by the Colorado Public Utilities Commission pursuant to section 40-2.1-103, C.R.S., including, without limitation, when there is any deficiency in the vehicle's steering, brake, lighting, tire, wheel, exhaust, fuel, or suspension system, or cargo-carrying capability, or in case of leakage of a hazardous material or hazardous waste.²⁴

(Ordinance No. 5039 (1987))

6-7-10 Route Extensions.

Repealed.

(Ordinance No. 5382 (1991))

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¹⁹ Adopted by Ordinance No. 4967.

²⁰ See, e.g., 49 U.S.C. subsection 1811(a).

²¹ DOT Inconsistency Ruling IR-3, 46 Fed. Reg. 18919, at 18923 (discussion of section 7.1.5).

²² DOT Inconsistency Ruling IR-8, 49 Fed. Reg. 46637, at 46644 (discussing Rule 9).

²³ DOT Inconsistency Ruling IR-3, 46 Fed. Reg. 18918, at 18924 (discussing section 9).

²⁴ See 40-2.1-105(2), C.R.S.

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