§ 22-153. PCB's and toxic wastes regulated; definition.

(a)

No product, byproduct, aggregate, ash or residue of any process involving, using, recycling or incinerating hazardous waste shall be used for roadbed or street construction or maintenance or for any other landfill purpose or storage on public property unless all the requirements listed below are met:

(1)

Written laboratory documentation is provided showing no detectable amounts of organic compounds, heavy metals or any other substance that may present short- or long-term harmful effects to human health or the environment.

(2)

The laboratory analysis must have been performed by a laboratory certified by the environmental protection agency or the department of environmental quality.

(3)

The laboratory work shall be performed by qualified personnel using state-of-the-art detectability limits.

(4)

The material must also be declared to be environmentally safe for such use by the office of solid and hazardous waste, of the state department of environmental quality.

(5)

All analysis of the material shall be by total acid digestion.

(b)

Similarly, no such product, byproduct, aggregate, ash or residue of a process involving, using, recycling or incinerating hazardous waste may be used on private property within the corporate limits for landfill, house foundations or construction, storage or any other purpose unless it has been similarly declared to be environmentally safe as required above for such use by the office of solid and hazardous waste, of the state department of environmental quality. A vendor, donor or owner selling, donating or giving a product, byproduct, aggregate, ash or residue of a process involving, using, recycling or incinerating hazardous waste for any use within the city shall provide the vendee, donee or recipient proof of that safety declaration made by the office of solid and hazardous waste, of the state department of environmental quality; and failure to do so by such vendor, donor or owner shall be a violation of this section for each such individual sale, donation or giving transaction.

(c)

No person shall purchase, sell or offer for sale as a gift or donation or accept a donation of any product, byproduct, aggregate, ash or residue of a process involving, using, recycling or incinerating hazardous waste for use in the city.

(d)

Hazardous waste is defined by R.S. 30:2173 and by any such other rules or regulations adopted and promulgated by the state secretary of the department of environmental quality pursuant to the authority granted by said statute.

(Code 1968, § 10-71; Ord. No. 495, § 1, 3-6-1990)