• 1. Dangerous Cargo Regulations

Dangerous Cargo Regulations

The Board of Port Commissioners - Port of Oakland - Tariff No. 2-A
Section III - Hazardous Materials Rules and Regulations

Subsection A - General Rules and Procedures
Rights of Refusal - Item No. 03105
(a)
For the purpose of this Paragraph (a), the Executive Director's authority shall not be delegated except in accordance with the by-laws of the Board. The Executive Director is hereby authorised and empowered to refuse permission to any vessel carrying explosives, hazardous or other dangerous cargo to berth at any dock, wharf, bulkhead area or alongside any transit shed, whether publicly or privately owned, or to any person, firm, association or corporation transporting explosives, hazardous or dangerous cargo to or storing such
materials at any dock, wharf, bulkhead area or in any transit shed, whether publicly or privately owned, within the Port Area, or on any property under the control or jurisdiction of the Board of Port Commissioners of the City of
Oakland whenever, in his sole judgement, such berthing or use of Port Area would be dangerous or hazardous.


(b) The Executive Director, may at any time, cause any dangerous cargoes to be removed at the expense of the vessel, cargo owner or Assignee.


Hazardous and Dangerous Cargo - Prohibited - Item No. 03115
Except as otherwise provided in this tariff, it shall be unlawful for any person to handle, transport, load, discharge, stow or retain any class of explosives, hazardous or other dangerous cargo, as defined in Item 01175 of this tariff, aboard any vessel within the Port Area, or to permit or cause to be permitted any flammables, corrosives, explosives, or other dangerous cargo as defined in the Governing Publications shown in Item 03110, and any applicable Federal, State or Municipal laws or regulations, to remain overnight on any dock, wharf, bulkhead area or in any transit shed, whether publicly or privately owned, or within such places and in such manner except as may be approved by the Captain of the Port, the City of Oakland Fire Marshal and the Executive Director.


Harzardous and Dangerous Cargo - Permit Required - Item No. 03120
(a)
It shall be unlawful for any person, firm, association or corporation to handle, transport, load, discharge, stow, store or retain any class of explosives, hazardous or other dangerous cargo as defined in the regulations named in this tariff, on any vessel, lighter, barge or other conveyance at or upon any dock, wharf, bulkhead area or in any transit shed whether publicly or privately owned, within the Port Area of the City of Oakland, or on any property under the control or jurisdiction of the Board of Port Commissioners of the City of
Oakland unless such person shall first have applied for and have been issued a HAZARDOUS MATERIALS HANDLING PERMIT (Form 700-1) or a RADIOACTIVE MATERIALS HANDLING PERMIT (Form 700-2) by the
Executive Director in accordance with the procedures specified in Item 03125 and unless such person, firm or corporation shall agree to and shall comply with all of the terms and conditions that may be
specified in such issued permit.


(b) Subject to other provisions in this item, the Executive Director is authorised and empowered to issue such HAZARDOUS OR RADIOACTIVE MATERIAL HANDLING PERMITS upon proper application therefore, and to provide therein such additional terms and conditions consistent with any applicable Federal, State or Municipal laws or regulations, relative to handling, transportation, loading, discharging, stowing, storing or
retention of all classes of hazardous materials or other dangerous cargo as defined in regulations named in this tariff which, at his discretion, may be necessary or desirable in the interest of public safety and security.


Hazardous and Radioactive Handling Permits
Application and Procedures Requirements - Item No. 03125
(a)
Application for a HAZARDOUS MATERIALS (Form 700-1) or RADIOACTIVE MATERIALS (Form 700-2) HANDLING PERMIT shall include pertinent information relative to the dangerous cargo to be handled, transported, loaded, stowed or stored, and/or retained aboard any vessel, lighter, barge or other conveyance at or upon any dock, wharf, bulkhead area or in any transit shed, whether publicly or privately owned, within the Port
Area or on any property under the control or jurisdiction of the Board of Port Commissioners of the City of Oakland. Exceptions to the required filing time may be made with the prior approval of the parties
responsible to execute the permit.


(b) (1) The handling, loading, discharging or transporting of the certain dangerous cargoes listed in Paragraph (b) (2) is not permitted in the Port Area unless a HAZARDOUS MATERIALS HANDLING
PERMIT (Form 700-1)
is approved by the Captain of the Port, the City of Oakland Fire Marshal and the Executive Director in accordance with the procedures specified in Paragraph (e) below.


(2) These cargoes include explosives hazard Class 1.1 and 1.2, explosive blasting agents hazard Class 1.5, oxidizers, ammonium nitrates and certain ammonium nitrate mixtures as defined in Hazardous Materials Regulations, 49 CFR Part 173.53 and are subject to specific restrictions contained in Section III,
Subsection B of this tariff.


(c) (1) The handling, loading, discharging or transporting of the remaining certain dangerous cargoes listed in Paragraph (c) (2) is not permitted in the Port Area unless a HAZARDOUS MATERIALS HANDLING PERMIT (Form 700-1) or RADIOACTIVE MATERIALS HANDLING PERMIT (Form 700-2) is approved by the City of
Oakland Fire Marshall and the Executive Director in accordance with the procedures specified in Paragrpah (3) below. In addition, the Captain of the Port must be notified of the shipment and a Coast Guard identification number must be received and noted on the permit.


(2) These cargoes include cargo of particular hazards as defined in 33 CFR Part 126.10 (a) (b) (c) and (d), and are subject to specific restrictions specified in Section III, Subsection B of this tariff.


(d) Vessels scheduled to arrive in the Port Area with certain dangerous cargoes aboard shall, in addition to processing the applicable Port of Oakland permits, comply with the following procedures:


(1) If the cargo is not scheduled for discharge at the Port of Oakland, it shall be stowed below decks in a sealed hatch or magazine, which may not be opened while in port, or stowed in a sealed intact container, as defined in Item 01145, on or below deck in which case cargo movements shall not be performed within 50
feet of that certain dangerous cargo. Cargo aboard the vessel requiring reshifting due to segregation requirements may be handled provided cargo does not remain on dock for more than
two hours.


(2) All shipments of hazard Class 1.1 and 1.2 explosives and certain ammonium nitrates shipped from a foreign port may be inspected upon the laden vessel arriving at berth before cargo discharge and loading operations commence to insure the said dangerous cargoes are stowed in accordance with applicable regulations. If the stowage of the dangerous cargo is deemed to be unsafe the cargo may be required to be restowed at berth or at anchorage as determined appropriate by the Captain of the Port, the City of Oakland Fire Marshall or the Executive Director.


(3) Incoming shipments of certain dangerous cargoes which are determined to exceed the quantity restrictions imposed by the Port shall be offloaded to a barge or lightering vessel at anchorage prior to the incoming vessel proceeding to a berth in the Port Area. After such vessel has finished loading, discharging or handling cargo at the berth, the vessel may receive the previously lightered certain dangerous cargo upon clearing the Port Area.


(4) If an insepection of the incoming certain dangerous cargoes discloses conditions that in the opinion of the Captain of the Port, the City of Oakland Fire Marshal or the Executive Director is unsafe, such vessels shall reamain at anchorage until such conditions have been corrected to the satisfaction of the Captain of the Port, the City of Oakland Fire Marshal and the Executive Director.


(e) Where a Port of Oakland HAZARDOUS OR RADIOACTIVE MATERIALS HANDLING PERMIT is required to be completed before the transfer of certain dangerous cargoes, the following procedure applies:


(1) Application shall be made in writing on the forms provided by the Port not less than two working days in advance of the time required for use, and shall include pertinent information relative to the dangerous cargo to be handled as well as any other information or documentation specified in this tariff. Exceptions to the required filing time may be made with the prior approval of the parties required to executer the permit.


(2) The permit shall be processed first through the Captain of the Port, then through the City of Oakland Fire Marshal and finally through the Executive Director. Upon full execution of the Port of Oakland Permit form by all parties concerned, the Port of Oakland will make distribution of the signed form to the appropriate parties.


(3) The applicant shall retain the original copy of the approved permit and present the same, upon request, to the authorised representative of the Coast Guard, Fire Department and Port.


Dangerous Cargo Handling and Storage On Dock - Item No. 03130
(a)
Except as otherwise provided in this tariff, it shall be unlawful for any person to permit dangerous cargo subject to permit requirements to remain overnight on any dock, wharf or bulkhead area or in any transit shed, whether publicly or privately owned, in the Port Area, unless such person shall first have applied for and been issued a Port of Oakland HAZARDOUS OR RADIOACTIVE MATERIALS HANDLING PERMIT and unless such cargo is properly packaged and stowed in approved, intact, fully enclosed cargo tanks or containers, as defined in Item 01145, or in a covered transit shed or warehouse equipped with adequate firefighting equipment as determined by the City of Oakland Fire Marshal. All dangerous cargo shall be stowed so as to insure the cargo is readily accessible to personnel responding to emergencies. Placards or labels indicating the cargo's hazard class shall be readily visible. When stowed in cargo containers the doors shall be readily accessible for opening.


(b) The City of Oakland Fire Marshal and the Port of Oakland's General Manager, Marine Terminals Department and Office of the Chief Wharfinger shall be notified when the amount of dangerous cargo stowed in containers at a facility exceeds 10% by volume, or in the case of break bulk cargo, when 10% of the total weight of cargo on the facility is dangerous.


Labelling, Packaging and Documentation Requirements - Item No. 03135
In order to comply with the United States Department of Transportation Regulations (49 CFR, Parts 100-195), the following shipping paper data is required for the delivery of harzardous cargoes to any terminal within the Port Area of the City of Oakland:


(1) Complete shipper's name and address, and the 24 hour telephone number for emergencies.


(2) Carrier's name and address.


(3) Complete consignee's name and address, to include the overseas port of destination on exports.


(4) Proper DOT or IMO shipping name; i.e. the technical name of the cargo being shipped as listed in 49 CFR and IMO.


(5) Hazard Class and UN identification number (for international shipment) of the material being shipped.


(6) Kind and number of containers, applicable container number (s), number of packages, individual weights and total weight.


(7) Labels required.


(8) Shippers Certification: A shippers certification number must appear on every Bill of Lading or shipping document provided. The correct wording of this certification is as follows:

THIS IS TO CERTIFY THAT THE ABOVE-NAMED MATERIALS ARE
PROPERLY DESCRIBED, CLASSIFIED, PACKAGED, MARKED AND
LABELED, AND ARE IN PROPER CONDITION FOR TRANSPORTATION
ACCORDING TO THE APPLICABLE REGULATIONS OF THE
DEPARTMENT OF TRANSPORTATION (or INTERNATIONAL MARITIME
ORGANISATION
- if being shipped overseas).

This certification is to be accompanied by a legible signature of the person
certifying above the typed name and title of the signatory.


(9) Properly documented special instructions, exceptions or exemption information, if required.

Variances From Port Regulations Applying to Dangerous Cargoes - Item No. 03140
Request for variances of any requirements outlined in this tariff pertaining to the handling of dangerous cargoes shall be directed to the Executive Director.


Accident Reporting Requirements - Item No. 01345
(a)
An immediate verbal report of any release or threatened release of hazardous material/dangerous cargo (such as corrosives, explosives, flammable, poisons, hazardous substances etc.) must be made to:


(1) The local emergency response agency (Oakland Fire Department) - 911.


(2) Port of Oakland, Marine Terminals Department - Office of Chief wharfinger:
between 8:00 a.m. and 5:00 p.m.: (510/272-1313); after 5:00 p.m. and before 8:00 a.m.: (510/834-6274)


(3) Governor's Office of Emergency Services (OES) at 800/852-7550 or 916/262-1621.


(4) U.S. Coast Guard Marine Safety Office (510/437-3073).


(5) National Response Centre (800/424-8802)


(6) Nuclear Regulatory Commission (301/492-7000), if applicable.

This immediate report should include:


1. Location of the release or threatened release;
2. The name (s) and telephone number of the person (s) reporting;
3. Hazardous material involved;
4. Estimates of the quantity, and ;
5. Potential hazards presented by the material.


(b) Any person in charge of a vessel or a facility as soon as they have knowledge of any discharge of oil or a hazardous substance from that vessel or facility in violation of the Federal Water Pollution Control Act (33 U.S. Code) or accidental release of dangerous cargo, shall report the same immediately. Discharge of hazardous materials, dangerous cargoes or hazardous substances shall be reported immediately in the manner described in (a) above.


Discharges of oil shall be reported to:
(1)
National Respeonse Centre (800/424-8802)
(2) Your Contracted Oil Spill Response Organisation
(3) U.S. Coast Guard Captain of the Port of San Francisco Bay (510/427-3073).
(4) Governor's Office of Emergency Services (OES) at 800/852-7550 or 916/262-1621.
(5) City of Oakland Fire Department - 911
(6) Port of Oakland, Marine Terminals Department - Office of Chief Wharfinger: between 8:00 a.m. and 5:00 p.m.: (510/272-1313); after 5:00 p.m. and before 8:00 a.m.: (510/834-6274)


Accident Report Requirements
(c)
Vessels enroute to the Port of Oakland which have a hazardous condition shall not proceed into the Port Area until notifying the Coast Guard Vessel Tracking System or Captain of the Port, the City of Oakland Fire Marshal
and the Port of Oakland's Marine Terminals Department, Office of the Chief Wharfinger, about the nature of the hazardous condition present. Vessels with hazardous conditions shall follow the directions outlined by the
Coast Guard Vessel Tracking System or the Captain of the Port, City of Oakland Fire Marshal and the Port of Oakland's Marine Terminals Department, Office of the Chief Wharfinger. "Hazardous Conditions" means
any condition that could adversely affect the safety of the vessel, the Port of Oakland terminals or shore area or environmental quality of the Port's waters. This condition includes but is not limited to fire, explosion, leakage or damage to the vessel or dangerous cargoes transported by the vessel.


Technical Advice - Handling and Packaging
Chemical Hazards Clean-Up Procedures - Item No. 01350
Questions concerning procedures for handling or packaging, chemical hazards and clean-up procedures may be referred to the following industry sponsored organisations:


(1) For information on handling and packaging of dangerous materials: Material Transportation Bureau (202/366-4700)


(2) For notification of dangerous spills and information on chemical hazard and clean-up procedures:
CHEMTREC (800/424-9300)


Facilities Requirements - Item No. 03155
All waterfront facilities and terminals on Port of Oakland property, prior to handling dangerous cargoes, shall meet all conditions of a "Designated Waterfront Facility" as prescribed in "Handling of Explosives or Other Dangerous Cargoes within or Contiguous to Waterfront Facilities" (33 CFR 126).


Discharge and Dumping Prohibited - Item No. 03160
(a)
It shall be unlawful for any person to discharge, pump, deposit or dispose of, or to cause or suffer to be discharged, pumped, deposited or disposed of, or pass or allow to escape in or into or upon the waters of the Oakland Harbour areas any soil, spirits, or flammable liquid, or any crude petroleum, coal tar, or refuse or
residuary product of coal tar, petroleum, asphalt, bitumin, or other carbonaceous material or substance, or any compound thereof, or any other pollutant material or substance, or any bilge water containing any of said materials or substances.


(b) Terminal operators and any other person assigned a Port of Oakland Marine Terminal Facility that receives oily waste, noxious liquid substances, or garbage from applicable size vessels shall provide a terminal waste reception facility within the Port Area and Shall obtain and maintain a current "Certificate of Adequacy" issued by the Captain of the Port to cover such operations. Such operations shall comply with all Federal, State and Municipal regulations concerning such facilities.


(c) The terminal operator or other authorised operator of a Terminal Waste Reception Facility is required to present such current "Certificate of Adequacy" upon request, to a Coast Guard, Fire Department and/or Port representative.


Hot Work Prohibited - Item No. 03165
(a)
Hot work is any operation involving oxyacetylene or electric welding, burning, cutting or other heat producing activities.


(b) No hot work shall be conducted on any waterfront facility or vessel moored thereto in the Port Area when dangerous cargo is present unless a properly executed and valid Coast Guard Welding and Hot Work Permit (Form CG-4201) is on file at the terminal and advance notification has been given to Captain of the Port, the city of Oakland Fire Marshal and the Port of Oakland Marine Terminals Department, Office of the Chief Wharfinger.


Section III: Hazardous Materials Rules and Regulations
Subsection B: Specific Hazardous Restrictions
Explosives, Oxidisers, Blasting Agents and Ammonium Nitrates - Item No. 03170
(a)
It shall be unlawful for any vessel to bring into the Port Area any Class 1 explosive material, oxidisers, blasting agents, ammonium nitrate and mixtures as defined in the regulations named in this tariff except as provided in this tariff and except in such quantities and in such places and manner, as pursuant to this item, may be designated and approved by the Captain of the Port, the City of Oakland Fire Marshal and the Executive Director.


(b) Unless a Port of Oakland HAZARDOUS MATERIALS HANDLING PERMIT (Form 700-1) shall be first have been issued as herein provided, it shall be unlawful for any person to discharge, unload or handle any Class 1
explosive material, oxidisers, blasting agents, and ammonium nitrate and mixtures directly from any vessel or other conveyance, to or upon any dock, wharf or bulkhead area or transit shed, whether publicly or privately owned within the Port Area or handle or stow the same from, to or at any dock, wharf, bulkhead area or transit shed, whether publicly or privately owned directly upon any vessel, or to be stored in any manner while awaiting transit on any street, railroad yard or any property under the control or jurisdiction of the Board of Port Commissioners of the City of Oakland.


(c) Any vessel with Class 1.1, 1.2, or 1.5 explosives, oxidisers, blasting agents or ammonium nitrates aboard which is scheduled to handle, load, discharge, stow other cargo or bunker in the Port Area shall first discharge all such cargoes that are not stowed or contained in sealed hatches, or sealed steel magazines or sealed containers, as defined in Item 01145 onto a barge, lighter or other vessel provided for the purpose at such points as may be designated by the proper Federal Authority before said vessel shall be allowed to berth at any dock,

wharf or bulkhead area or at any transit shed, whether publicly or privately owned, within the Port Area. After such vessel has finished handling, discharging, loading or stowing the other cargo at the berth, it shall pick up all of the aforesaid explosives, oxidisers, blasting agents or ammonium nitrates after clearing the Port Area. In case such cargoes are for final discharge or unloading within the Port Area the same shall only be discharged from such vessel to shore at such place and in such manner as designated and approved by Captain of the Port, the City of Oakland Fire Marshal and the Executive Director. Such cargoes for outbound shipment from any dock, wharf, bulkhead area or transit shed whether publicly or privately owned, within the Port Area shall be handled in the same manner as herein provided for inbound cargo movements.


(d) It shall be unlawful for any person to open any sealed hatch or sealed magazine or container, as defined in Item 01145 containing any oxidisers, blasting agents, ammonium nitrate and mixtures or Class 1.1 or 1.2 explosives except small caliber fixed ammunition, or to cause or permit such sealed hatch, magazine or container to be opened aboard any vessel, while the same is berthed at any wharf or terminal structure, whether publicly or privately owned, within the Port Area except for the purpose of inspection by the proper Federal, State or Municipal authority.


(e) The following specific restrictions apply:

(1) Shipments of Class 1.1, 1.2 and 1.3 explosives, oxidisers and certain ammonium nitrates shall be limited to a total amount of thirteen and one half (13.5) tons (net explosive weight) at any one facility or terminal at one time, and except for Class 1.2 and 1.3 explosives and oxidisers, such cargo shall not remain on the terminal in excess of two (2) hours and shall be "Last On and First Off" the vessel. Class 1.2 and 1.3 explosives and oxidisers may remain on the terminal during the day of sailing but in no case more than 24 hours.


(2) Shipments of Class 1.4 explosives and Class 1.5 blasting agents are limited to an aggregate 100 tons (net explosive weight) each stowed at any facility or terminal at one time. Class 1.4 explosives and Class 1.5 blasting agents may remain on the terminal during the day of sailing but in no case more than 24 hours.


(3) Larger lots of above referenced materials may be handled if approved by the Captain of the Port, City of Oakland Fire Marshal, and the Executive Director. Such request will be considered on an individual basis and will be subject to Item 03105.


Flammable/Combustible Liquids - Item No. 03180
(a)
Vessels will be allowed to discharge and/or take on board flammable or combustible liquids through pipeline or portable hose at any time, at such Port localities as may be specified to the approval of the City of Oakland
Fire Marshal and the Executive Director.


(b) Vessels will be permitted to discharge and to take on board bulk flammable or combustible liquids at Marine Terminals facilities within the Port Area only between 08:00 a.m. and 5:00 p.m. unless prior notice of intent to load and/or unload such flammable or combustible liquids after 5:00 p.m. is first given to the Port of Oakland Marine Terminals Department, Office of the Chief Wharfinger and the City of Oakland Fire Marshal. Barges, trucks or railroad cars containing such flammable or combustible liquids for delivery to a vessel will not be permitted to immediate loading of such flammable or combustible liquids and will not be allowed to remain in an open or covered area on the Port of Oakland property unless the vessel is ready to load within
a reasonable time after delivery to the terminal.


(c) The storing, retention or use of packaged or bulk flammable or combustible liquids on premises under direct control of the Board of Port Commissioners of the City of Oakland is strictly prohibited except at such localities and in such quantities as may be specifically approved by the City of Oakland Fire Marshal.


Bulk Dangerous Cargoes - Item No. 03185
(a)
Bulk dangerous cargoes shall not be transported or transhipped from one tank or container to another in the Port Area without first receiving permission from the City of Oakland Fire Marshal and the Executive
Director.


(b) All transfers of bulk liquid or gaseous dangerous cargoes or products, including ship's stores and bunkers and lubricating oils, shall be in accordance with the following federal regulations as applicable:

33 CFR 125 - 135 (Waterfront Facility Regulations)
33 CFR 151 - 159 (Pollution Regulations)
46 CFR 30 - 39c (Tank Vessels Regulations)

(c) The transfer of chlorine from one shipping package to another is prohibited.

Radioactive and/or Fissile Materials - Item No. 03190
(a)
Unless otherwise specifically provided below, no person shall store, keep, handle, use, dispense or transport at, in, or upon any facility or other property under the jurisdiction and control of the Port of Oakland any
nuclear material, including, but not llimited to, uranium and/or thorium; irradiated fuel elements used for research and development purposes; any new reactor fuel or elements used for research and development
purposes; any new reactor fuel or elements thereof; any radioactive waste material moving under special permit or escort, without at least (2) two working days prior written notice to and receipt of an approved Port of Oakland RADIOACTIVE MATERIALS HANDLING PERMIT (Form 700-2) from the Port of Oakland.


(b) The requirements of this Item shall be in addition to the requirements of all laws and regulations promulgated by other governmental agencies exercising jurisdiction over radioactive and or fissile materials.


(c) Exceptions:


(1) Certain radioactive materials such as smoke alarms, heart pacemakers, clocks, medical isotopes and calibration sources are excepted by Federal and International regulations from specific packaging, marking, labelling and placarding requirements if they meet certain criteria as defined and indicated
in:


a. 49 CFR 172.101 Hazardous Materials Table.


b. 49 CFR 173.421 Limited Quantities of Radioactive Materials.


c. 49 CFR 173.422 Exceptions for Instruments and Articles.


d. 49 CFR 173.424 Excepted Articles containing Natural Uranium or Thorium.


e. 49 CFR 173.427 Empty Radioactive Materials Packaging.


(2) Spent nuclear fuel rods and other irradiated fuel elements not otherwise specified in Paragraph "(a)", above, are banned from any Port of Oakland facility. Any vessel carrying such materials is banned from
docking at any dock, wharf, bulkhead area, whether publicly or privately owned under the control of jurisdiction of the Board of Port Commissioners of the City of Oakland.

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