La. Admin. Code tit. 55 § IX-1513

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

Section IX-1513 - Classes of Permits

A. The commission shall issue upon application the following classes of permits.

1. Class A1. Holders of these permits may enter any phase of the anhydrous ammonia business.

a. Shall file formal application for a permit with the commission. These applications for permits shall be administratively granted by the office of the director, upon complying with all commission requirements, such as payment of the applicable fees, qualification of personnel, providing proof of insurance and if applicable, final approval of a sketch, registration and safety inspection of tanker trucks. The commission shall ratify the permits at the first subsequent commission meeting after at least 20 days have elapsed after the permit has been administratively granted by the office of the director. Presence of applicant for the permit or his authorized representative is required at the commission meeting when the application for a permit is ratified. The applicant's supplier is prohibited from being the authorized representative. Only with special approval of the commission, under extenuating circumstances, will the commission allow the applicant for a permit to be represented by another party other than a principal officer, director, manager, or attorney. The formal application form(s) shall be furnished by the commission upon request.

b. Shall deposit filing fee of $100 with application.

c. Holders of these permits shall furnish evidence of general liability insurance in the minimum sum of $1,000,000 covering:

i. products;

ii. manufacturers and contractors; and

iii. automobile liability.

d. Storage tank and location shall be approved. Storage tanks shall not be located inside corporate limits without permission of the governing body.

e. Shall pay an initial permit fee for the first year of operation in the amount of $300 to the commission. For all succeeding years, the permit fee shall be one-half of 1 percent of the gross annual sales of anhydrous ammonia or $300, whichever is greater.

f. Person in charge of operations shall be satisfactory to the commission and the office of director.

g. 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.

h. 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.

i. Shall provide adequate switch track of tank loading and unloading facilities. All auxiliary equipment such as pumps, hose, electrical switches, etc., shall be, where possible, Underwriters Laboratories 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.

j. No truck shall be parked on a street or highway at night in any city, town or village, except that it be for the purpose of serving a customer, then only in an emergency.

k. Compliance with all other applicable rules and regulations is a mandatory requirement.

l. The name of the dealer or permit holder shall appear on all tank trucks, storage tank sites, and/or advertising being used by the dealer.

2. Class A2. Holders of these permits may install and service anhydrous ammonia containers, piping and appliances, but shall not deliver anhydrous ammonia.

a. Shall file formal application for a permit with the commission. These applications for permits shall be administratively granted by the office of the director, upon complying with all commission requirements, such as payment of the applicable fee, qualification of personnel, providing proof of insurance and if applicable, final approval of a sketch, registration and safety inspection of tanker trucks. The commission shall ratify the permits at the first subsequent commission meeting after at least 20 days have elapsed after the permit has been administratively granted by the office of the director. Presence of applicant for the permit or his authorized representative is required at the commission meeting when the application for a permit is ratified. In no case will the applicant's supplier be the authorized representative. Only with special approval of the commission, under extenuating circumstances, will the commission allow the applicant for a permit other than a principal officer, director, manager, or attorney. The formal application form(s) shall be furnished by the commission upon request.

b. Shall deposit filing fee of $25 with application.

c. Holders of these permits shall furnish evidence of general liability insurance in the minimum sum of $1,000,000 covering products, manufacturers and contractors, and automobile liability.

d. Shall pay permit for first year's operations in the amount of $300 to the commission. For succeeding years the permit fee shall be $300.

e. Person in charge of operations shall be satisfactory to the commission and the office of the director.

f. All service and installation personnel shall have a certificate of competency from the office of the director.

g. 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.

h. Compliance with anhydrous ammonia law and all other applicable rules and regulations is a mandatory requirement.

3. Class A3. Holders of these permits may engage in the filling of approved cylinders with anhydrous ammonia on their premises, but shall not deliver anhydrous ammonia.

b. Shall deposit filing fee of $25 with application.

c. Holders of these permits shall furnish evidence of general liability insurance in the minimum sum of $1,000,000 covering products liability.

d. Storage tank and location shall be approved by the commission's authority having jurisdiction. All tanks located in corporate limits shall also be approved by the governing body.

e. Shall pay permit for first year's operations in the amount of $300 to the commission. For all succeeding years the permit fee shall be 1/2 of 1 percent of the gross annual sales of anhydrous ammonia or $300, whichever is greater.

f. Person in charge of operations shall be satisfactory to the commission and the office of the director.

g. All employees handling anhydrous ammonia shall have a certificate of competency from the office of the director.

i. Compliance with all other applicable rules and regulations is a mandatory requirement.

j. The dealer's name shall appear on all stationary storage tank sites.

4. Class A3-X. Holders of these permits may engage in the exchange of approved anhydrous ammonia cylinders on their premises, but shall not fill cylinders.

a. Shall file formal application for a permit with the commission. These applications for permits shall be administratively granted by the office of the director, upon complying with all commission requirements, such as payment of the applicable fees, qualification of personnel, providing proof of insurance and if applicable, final approval of a sketch, registration and safety inspection of tanker trucks. The commission shall ratify the permits at the first subsequent commission meeting after at least 20 days have elapsed after the permit has been administratively granted by the office of the director. Presence of applicant for the permit or his authorized representative is not required at the commission meeting when the application for a permit is ratified. The formal application form(s) shall be furnished by the commission upon request.

b. Shall deposit filing fee of $50 with application.

c. Holders of these permits shall furnish evidence of general liability insurance in the minimum sum of $1,000,000 covering products and automobile liability.

d. Shall pay permit for first year's operations in the amount of $300 to the commission. For all succeeding years, the permit fee shall be 1/2 of 1 percent of the gross annual sales of anhydrous ammonia or $300, whichever is greater.

e. Storage location shall be approved by the commission's authority having jurisdiction. All tanks located in corporate limits shall also be approved by the governing body.

f. Cylinder delivery trucks shall comply with CFR 49 of the DOT specifications.

g. Person in charge of operations shall be satisfactory to the commission and the office of the director.

h. All employees handling anhydrous ammonia shall have a certificate of competency from the office of the director.

i. Compliance with all other applicable rules and regulations is a mandatory requirement.

5. Class A4. Holders of these permits may transport anhydrous ammonia by motor vehicle over the highways of the state of Louisiana but shall not sell product in the state. This permit may be secured from the office of the director upon receipt of the following:

a. Shall file formal application for a permit with the commission. These applications for permits shall be administratively granted by the office of the director, upon complying with all commission requirements, such as payment of the applicable fees, qualification of personnel, providing proof of insurance and if applicable, final approval of a sketch, registration and safety inspection of tanker trucks. The commission shall ratify the permits at the first subsequent commission meeting after at least 20 days have elapsed after the permit has been administratively granted by the office of the director. Presence of applicant for the permit or his authorized representative is required at the commission meeting when the application for a permit is ratified. The applicant's supplier is prohibited from also being the authorized representative. Only with special approval of the commission, under extenuating circumstances, will the commission allow the applicant for a permit to be represented by another party other than a principal officer, director, manager, or attorney. The formal application form(s) shall be furnished by the commission upon request.

b. Shall deposit filing fee of $25 with application.

c. Shall pay permit fee for first year's operations in the amount of $300 to the commission of the state of Louisiana. For all succeeding years the permit fee shall be $300.

d. Holders of these permits shall furnish evidence of general liability insurance in the minimum sum of $1,000,000 automobile liability.

e. All trucks traveling in Louisiana shall conform to CFR 49 of the DOT specifications.

f. All transport trucks are subject to inspection and approval of the commission.

g. No truck shall be parked on a street or highway at night in any city, town, or village, except that it be for the purpose of serving a customer and this only in an emergency.

h. All transport and tank truck drivers shall have a certificate of competency from the office of the director.

i. Compliance with all other applicable rules and regulations is a mandatory requirement.

j. The dealer's name shall appear on all tank trucks which require registration with the commission.

La. Admin. Code tit. 55, § IX-1513

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 19:899 (July 1993), LR 25:2413 (December 1999), amended LR 27:423 (March 2001), repromulgated LR 27:565 (April 2001), LR 33:1144 (June 2007), effective July 1, 2007, LR 38:1274 (May 2012), Amended LR 46189 (2/1/2020).

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.