§ 33-151.16. Transfer of hazardous materials on highways, roads, streets, or alleys; overfilling of containers during transfers; penalties.

(a)

Except as provided in subsection (b), a person, driver, owner, carrier, lessee, or lesser shall not transfer or allow to be transferred a hazardous material from a cargo tank, portable tank, or any other container to any cargo tank, portable tank, fuel tank, or any other container on a highway, road, street, or alley within the city.

(b)

Subsection (a) does not apply to the following transfer situations:

(1)

Fueling machinery or equipment for construction, farm, and maintenance use.

(2)

Fueling emergency vehicles.

(3)

Under emergency conditions, a transfer may be made provided it is approved by the Owosso Fire Chief, or his/her designee and the Bureau of Fire Service created in section 1b of the Fire Prevention Code, 1941 PA 207, MCL 29.1b, or a hazardous materials investigator of the motor carrier division of the Michigan Department of State Police pursuant to their respective authority under the Fire Prevention Code, 1941 PA 207, MCL 29.1 to MCL 29.34.

(c)

A person shall not overfill a container, including a storage tank, during a transfer of a hazardous material from or into a vehicle, so that hazardous material is released from the package or container.

(d)

The penalty for violating this section is as prescribed in section 33-151.10.

(Ord. No. 746, § 3, 9-3-13)