The following list of local, state and federal laws should be familiar to all Philadelphia owners and operators of scrap, auto salvage and similar businesses. Owners and operators have a responsibility to determine if they are in compliance with all applicable laws.

1. City of Philadelphia Laws

The Philadelphia Code (Phila.Code) can be obtained at public libraries in Philadelphia and found on the Internet at http://municipalcodes.lexisnexis.com/codes/philadelphia/
Water Department Regulations can be found at http://www.phila.gov/water/.
The Health Department’s Air Management Regulations can be found at http://www.phila.gov/health/units/ams/index.html.
(a) Laws Administered by the Department of Licenses and Inspections (L&I)
Zoning Code Requirements: G-2 Zoning with Certificate
Business Licenses and Administrative Requirements:

Phila.Code § 19-2602 Business Privilege License is required
Phila.Code § 4.A-904.4 Scrap/Auto Yard License is required
Phila.Code § 4 A- 904.4.1 Site Inspection is required for License approval
Phila.Code § 9-604 (8) Truck License is required for hauling waste or recyclable materials
Phila.Code § 9-613 Business Records: Scrap dealers must maintain transaction records for two years
Phila.Code § 9-1404 Scales/Measuring devices used in commerce must be licensed
Phila.Code § 9-612 Fences are required around scrap/auto yards to obscure them from view of any person using an abutting street
Phila.Code §10-827 Owners of all buildings must prominently display the street address assigned by the City’s Board of Revision of Taxes

Fire Code Requirements - Phila.Code Chapter 4.F:
The following are just some of the violations apply to
“Automotive and Scrap Recyclers” in accordance with
“The New 2007 Philadelphia Fire Code.”

F-103.1 Hazardous conditions PERMIT AMOUNTS
F-105.6.17 Flammable and combustible liquids
F-105.6.24 Hot work operations—A Permit is required for hot work including, but not limited to
F-105.6.30 Miscellaneous combustible storage—
 F-105.6.31 Open burning--
F-105.6.32 Open flames and torches--
F-304.1.1 Waste material
F-304.2 Storage Storage of combustible rubbish

F-407.2
Material Safety Data Sheets--Material Safety Data Sheets (MSDS) for all hazardous materials
F-407.3 Identification--Individual containers of hazardous materials
F-407.4 Training--Responsible persons shall be trained to be liaison personnel for the Fire Department
F-407.5 Hazardous Materials Inventory Statement(HMIS)--Required for permit. 2701.5.2
F-407.6 Hazardous Material Management Plan(HMMP)—Required for permit, 2701.5.1
503.2 Specifications. Fire apparatus access roads
503.2.1 Dimensions. Unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches
503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access
503.2.3 Surface. Access roads shall be designed to support the fire apparatus
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official
503.2.5 Dead ends. In excess of 150 feet provided with an approved area for turning around fire apparatus
F-2504.3 Smoking prohibited--except in designated areas
F-2504.5 Fire safety plan. The owner shall prepare and submit to the fire code official a fire safety plan
F-2505.1 Individual piles--Exceed 50,000 cubic feet in volume (Approx 8 to 10 lots exceed this volume)
F-2505.2 Separation of piles--A clear space of at least 40 feet
F-2505.3 Distance between piles of other stored products is 40 feet
F-2505.4 Distance from lot lines and buildings is 50 feet
F-2505.5 Fire breaks--grass and weeds is 40 feet
F-2506.2 Location--Access roadways shall be within 150 feet of any point in the storage yard

FOR VEHICLE SALVAGE AND WRECKING FACILITY

F-2510.2 Control of combustibles--stored in containers with lids
F-2510.3 Cutting and Welding-in accordance with Chapter 26
F-2510.4 Portable fire extinguishers- in accordance with section F-906
F-2510.5 Tire storage shall be neat and orderly-in accordance with Section F-2505
F-2510.6 Vehicle Fluids--in accordance with chapter 34
F-2510.7 Lead-Acid batteries shall be removed from vehicle if leaking
F-2510.8 Burning of vehicle parts is prohibited
F2701.5 Permits,Permits shall be required as set forth in Sections 105.6 and 105.7.
2701.5.1 Hazardous Materials Management Plan
2701.5.2 Hazardous Materials Inventory Statement (HMIS)
F-2701.7.4 Emergency response plan--The Comprehensive Local Emergency Response
Plan (Emergency Response Plan) required by Section 303 of SARA Title III and Section 203(k) of the HazMat Act shall include, but not be limited to, each of the following:
2705.2.1.4 Secondary containment for hazardous material liquids
F-3405.3.2 Bonding of vessels--Class I liquids or liquids handled at or above their flash points shall be electrically connected by bond wires, ground cables, piping or similar means to a static ground
Property Maintenance Code Requirements - Phila.Code Chapter 4. PM:

PM-302.2

Exterior Property must be maintained in a sanitary, clean and safe manner.
PM-302.4 Property grading shall not result in surface water concentration in adjoining property
PM-302.6. Fences must be maintained in good repair.
(b) Laws Administered by Philadelphia Water Department
Discharge of Pollutants to the Sewer System Prohibited:
Phila.Code § 14-503 (3)(a) No person shall discharge pollutants to the storm sewer system, either by placing directly into the storm sewer system, by placing in areas which drain into the storm sewer systems, or by allowing stormwater from premises owned by such person to transport pollutants to the storm sewer system.
Water Department Regulations § 501.3 (s). No person shall discharge pollutants, chemicals or any other substance or contaminants into street inlets.
Permits for Discharges of Industrial Wastes Required:
Water Department Regulations § 501.4 (b)Wastewater Discharge Permits are required for any industry that has a reasonable potential to adversely affect the sewer system or the wastewater treatment plants.
(c) Laws Administered by Philadelphia Streets Department and L&I
Phila.Code §§ 10-702, 10-704, 10-705. Prohibit litter on streets, curbs and sidewalks
Phila.Code § 10-707 Prohibits trucks from operating such that its contents fall, are blown onto or deposited upon any street or other public place.
Phila.Code § 10-722 Permits are required for all dumpsters
Phila.Code § 10-714 Private premises must be kept free of litter
Phila.Code § 10-717 Businesses must recycle waste in accordance with this section
Phila.Code § 10-611 (6) Sidewalks must be maintained
Phila.Code § 10-720 Snow and ice must be removed from sidewalks
(d) Laws Administered by the Health Department, Air Management Services
Phila.Code § 3-201 Prohibits air pollution nuisances including odors and dust
Phila.Code § 3-202 Prohibits open fires
Phila.Code § 10-400 Prohibits excessive noise and vibrations
Phila.Code §§ 3-203 and 3-306 Prohibit installation, modification and/or operation of devices that can emit contaminants, including combustion and grinding equipment
Air Management Regulations address permits and applications
Air Management Services also enforces Pennsylvania air rules, specifically 25 PA Code §§ 123.1 and 123.2 which prohibit fugitive emissions and require prompt removal of deposits which cause emissions.
Health Department, Environmental Health Services
Phila.Code §§ 6-401(1)(a) and 6-402(9)(a) Require that safe and sanitary work places be provided
Phila.Code §§ 6-401(1)(a)(.7) Prohibits the presence of or conditions conducive to the attraction and breeding of insects and rodents
Phila.Code § 6-402(8)(a) Requires removal of noxious plants

2. Laws Administered by Pennsylvania Department of Environmental Protection

The Pennsylvania Department of Environmental Protection (PADEP) enforces the state laws that prohibit water pollution. Metal scrap yards and auto salvage yards are businesses that, by the nature of the operation, have the potential to cause water pollution. To address this potential for pollution, federal regulations require any business that is involved in the recycling of materials (including metal scrapyards, battery reclaimers, salvage yards, and automobile junkyards - Standard Industrial Codes 5015 and 5093), to obtain a permit for the discharge of stormwater from the industrial area to waters of the United States. In Pennsylvania, PADEP issues these permits.

The required permit is called a “General Permit for the Discharge of Storm Water from Industrial Activities,” or “PAG-3.” Businesses that are required to apply should submit the appropriate “Notice of Intent” forms (NOI) to PADEP. Upon properly submitting the NOI forms, the business is deemed to be covered by the permit. Information about Pennsylvania stormwater permits can be found on the Internet at:
http://www.dep.state.pa.us/dep/efacts/GeneralPermitsListing.htm
One important requirement of the General Permit is that the business must prepare and use a “Stormwater Pollution Prevention Plan,” (which may also be called a “Preparedness, Prevention, and Contingency Plan”). By preparing and using this document, businesses will be reminded of the things they need to do to ensure that water pollution is not occurring at their facilities. Guidelines for the preparation of these plans are available from PADEP.

In addition, the Pennsylvania Solid Waste Management Act requires PADEP to regulate the management of solid wastes generated by scrap yards and auto salvage yards. The types of wastes typically generated by these facilities include used oil, gasoline, batteries, antifreeze, and tires. The regulations require that these wastes be managed in a manner that does not result in a release of contaminants to the surface of the ground, or to waters of the Commonwealth. The waste materials should be properly stored while on the site, and ultimately recycled or disposed of at a facility that is lawfully authorized to accept such wastes.

3. Laws Administered by United States Environmental Protection Agency

EPA is responsible for assuring compliance with federal environmental regulations and works closely with the state and local governments to enforce the rules. Complying with federal environmental regulations is important for the protection of public health and the environment. The following are some of the major environmental laws that apply to salvage yard facilities: Clean Water Act, Clean Air Act, Oil Pollution Act (Spill Prevention Control and Countermeasure plan), and Resource Conservation and Recovery Act (waste management). Most of the major environmental laws carry a $25,000 penalty per violation, per day.

 

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