La. Admin. Code tit. 55 § IX-1507

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-1507 - Requirements

A. Before any permit ma y be issued from the office of the director, all applicants shall have complied with the following.

1. Shall deposit filing fee of $100 for Class A1; $50 for Class A3; and $25 for all others. This fee shall accompany application.

2. Formal application for a permit shall be submitted to the office of the director.

3. Shall have on file in the office of the director proof of insurance, issued by a Louisiana licensed agent, in the minimum sum of $1,000,000, in the classes of insurance as required by the commission. This proof of insurance may be a copy of the policy with an endorsement that the insurance company will give at least 10 days notice to the commission before cancellation, or on a commission proprietary certificate of insurance, showing kinds and amount in force, with certificate bearing the clause that in the event the insurance company intends to cancel, the insurance company will notify the director of the commission 10 days prior to the date of cancellation, or a binder of insurance coverage, within date, will be acceptable as proof of insurance until the policy or proprietary certificate of insurance can be issued. The commission shall provide the proprietary certificate of insurance form on its public web site for downloading or will provide copies of the proprietary certificate of insurance form via facsimile or via U.S. mail upon request.

4. Where applicable, storage tank and location shall be approved. Storage tanks shall not be located inside corporate limits without written permission of the governing body.

a. All sketches or drawings of proposed bottle filling plants, liquid withdrawal systems and/or installations utilizing ASME containers shall be submitted to the office of the director and approved before system is put into operation.

5. Where applicable, the applicant shall provide adequate transport and/or delivery trucks satisfactory to the commission. Each transport and/or delivery truck shall be registered in accordance with commission rules and regulations, LAC 55:XI.1543.

6. Shall have paid permit fee in the amount of $300 to the commission of the state of Louisiana. For all succeeding years the permit fee shall be 1/2 of 1 percent of gross annual sales of anhydrous ammonia or $300, whichever is greater.

7. Persons in charge of operations shall furnish proof satisfactory to the commission and the office of director that they have had experience in and are familiar with and will abide by all safety precautions necessary in the conducting of the business for which they are granted a permit.

8. All service and installation personnel, anhydrous ammonia transfer personnel and tank truck drivers shall have a card of competency from the office of the director. All permit holders, except Class A -3X permit holders, shall have at least one card of competency issued to their permit. A card of competency will be issued to an applicant upon receipt of a $20 examination fee and successfully passing the competency test, providing the applicant holds some form of identification acceptable to the commission. The commission may accept as its own a reciprocal state's examination which contains substantially equivalent requirements. This shall be evidenced by a letter from the issuing authority or a copy of a valid card issued by the reciprocal state. All applicable fees shall be paid prior to issuing the card.

a. All cards of competency shall be renewed annually by the permit holder. There will be a charge of $10 per card for renewals. After expiration, there will be a penalty of $3 per card. There is a charge of $10 for replacing a lost card, change of employer, or change of company name. A card with an improper employer or company name shall not be valid.

b. All employees who are qualified by this commission and have been issued certificates of competency shall have their certificates of competency on their person while on duty. Should an employee lose his card, the dealer shall notify the office of the director within 10 days for the issuance of a new card. If an employee terminates his employment with the dealer for whom the card is issued, the card shall be picked up by the dealer and returned to the office of the director immediately.

9. Shall have necessary experience in anhydrous ammonia business or have employed a recognized operator of such experience and competency. The commission reserves the right to demand that such knowledge and competency be proved by a written examination.

10. Where applicable shall provide adequate switch track or tank loading and unloading facilities. All auxiliary equipment such as pumps, hose, electrical switches, etc., shall be, where possible, Underwriters Laboratory or any other nationally recognized testing agency approved for anhydrous ammonia. If equipment is not so approved, drawings and descriptions shall be submitted to the office of the director for his approval before installation.

11. Applicants for change of name shall deposit a filing fee of $25 with a formal application for a name change. The office of the director shall administratively grant the name change after all commission requirements are met. The commission shall ratify the name change at the next subsequent commission meeting after which a minimum of 20 days have elapsed since the administrative granting of the name change. A representative of the new firm or corporation is required to be present when the application is ratified by the commission. All certificates of competency shall be changed to new name.

12. Any permit holder who does not actively engage in business for which permit was granted, for a period of six consecutive calendar months, may have his permit revoked by the commission.

La. Admin. Code tit. 55, § IX-1507

Adopted by the Department of Agriculture, Anhydrous Ammonia Commission (January 1967), amended by the Department of Public Safety and Corrections, Liquefied Petroleum Gas Commission, LR 19:898 (July 1993), LR 25:2413 (December 1999), amended LR 27:423 (March 2001), repromulgated LR 27:565 (April 2001), amended LR 33:1144 (June 2007), effective July 1, 2007, LR 38:1273 (May 2012), LR 41:396 (February 2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1354. Effective August 15, 2010, Act 579 of the 2010 Regular Session repealed R.S. 3:1354 and enacted R.S. 40:1911 et seq., and particularly R.S. 40:1914 as authority for anhydrous ammonia regulations.