Section Thirteen
LAWS, REGULATIONS, AND TRAINING
86    A MUNICIPAL PROGRAM TO PREVENT HAZARDOUS
MATERIAL SPILL PROBLEMS
Richard T. Shogren, Senior Engineer
Camp Dresser & McKee Inc.
Louisville, Kentucky 40223
John B. Weil, Industrial Waste Manager
Metropolitan Sewer District
Louisville, Kentucky 40202
INTRODUCTION
On Friday, February 13, 1981, a major sewer explosion occurred in Louisville, Kentucky, caused by
the negligent discharge of hexane into the City's sewers. A local food processing plant caused the
explosion when an existing containment basin was inadequate to contain the hexane. Neither fire nor
emergency response agencies in the City were contacted about the spill. More than 2.5 miles of sewer
were destroyed in an area encompassing 40 city blocks. To date, the industry responsible for the spill
has paid damage claims exceeding $33 million to local government agencies, residents and businesses
in the affected area [1J.
With a county population of 690,000, Louisville and Jefferson County have experienced other
major spills. In March, 1977, an intentional and illegal spill of hexachlorocyclopentadiene into City
sewers caused a new 105 mgd plant to be contaminated for 2 1/2 months. Raw sewage was directly
discharged into the Ohio River during that period. In late 1982, the Kentucky Division of Water
(DOW) fined a local industry $20,000 for a major phenol spill into the Ohio River. Phenol discharges
into the Ohio River reached a maximum of approximately 1700 pounds per day, over 600 times the
National Pollutant Discharge Elimination System (NPDES) permit standard of 2.76 pounds per day.
Between 1980 and 1983, reported hazardous material spills exceeding 25 gallons averaged 43 per year.
In 1984 and 1985, reported hazardous material spills exceeding 25 gallons have averaged 84 per year.
LOCAL SPILL PREVENTION LAW
In the fall of 1984, Louisville's Mayor appointed a task force to make greater progress in protecting
the community from hazardous material spills. This followed additional major spills which caused
serious problems to the Metropolitan Sewer District (MSD) and the Louisville and Jefferson County
Health Department due to late notification. The task force consisted of eleven government agency
representatives, three elected officials, and eight representatives from major local industries. The task
force drafted an ordinance to improve spill reporting by industries and to implement an industry spill
prevention program. The ordinance was adopted by both Louisville and Jefferson County in August,
1985.
The new law requires that businesses with hazardous materials must submit a plan for each business
site as to how they will respond in the event of an accidental discharge of that hazardous material. A
Hazardous Material Spill Prevention Control (HMPC) plan must be submitted by any business which
manufactures, uses, or stores hazardous materials in minimum designated quantities at their business
location. The source for defining a hazardous material is a master list established by 40 CFR Part 302
as part of the Resource Conservation and Recovery Act (RCRA). Hazardous materials defined in the
Federal Water Pollution Control Act, The Comprehensive Environmental Response Compensation
and Liability Act (CERCLA) and the Toxic Substances Control Act (TOSCA) are also included in the
definition.
MSD was designated administrating agency for both the City and County. Under the ordinance,
businesses which have a minimum "reportable quantity" (RQ) of a hazardous material on their
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