27-2-102. Definitions.

27-2-102. Definitions. As used in this chapter: (1) “A label which provides an adequate warning” means a label firmly affixed, clearly legible, conspicuously displayed, and readily accessible for reading which meets the following standards: (A) Standards established by the laws or regulations of the United States, or by any agency of the United States, and in effect on March 15, 1977, affirmatively requiring the use of a label on containers of hazardous materials; (B) Standards established by the Arkansas Pesticide Control Act, § 2-16-401 et seq., and rules adopted pursuant to it affirmatively requiring the use of a label on containers of hazardous materials; (C) Standards established by the Arkansas Department of Transportation, by rule, with reference to labeling of containers of hazardous materials; or (D) In the absence of applicable standards in any of the preceding categories, the following standards: (i) The name and place of business of the manufacturer, packer, distributor, or seller; (ii) The common or usual name, if any, the chemical name, and the chemical composition of the hazardous material; (iii) The signal word “DANGER” on substances which are extremely flammable, combustible, corrosive, or highly toxic; (iv) The signal word “WARNING” or “CAUTION” on all other hazardous materials; (v) An affirmative statement of the principal hazard or hazards such as “Flammable”, “Combustible”, “Vapor harmful”, “Causes burns”, “Absorbed through skin”, or similar wording descriptive of the hazard; (vi) Precautionary measures describing the action to be followed or avoided; (vii) Instructions, when necessary or appropriate, for first aid treatment; (viii) The word “POISON” for any hazardous material which is capable of producing substantial personal injury or illness to human beings through ingestion, inhalation, or absorption through any body surface; and (ix) Instructions for handling and storage of containers which require special care in handling or storage; (2) “Adequate emergency equipment” means equipment and procedures for the use of the equipment which are: (A) Reasonably adapted to the containment or neutralization of hazardous materials which escape from immediate containers; (B) Reasonably transportable in or on the transporting equipment; (C) Reasonably operable by the operator of the transporting equipment; (D) Reasonably available; and (E) Otherwise required, by rule, by the department; (3) “Adequate immediate container” means an immediate container which meets all applicable standards established by the laws of the United States, or by any agency of the United States by regulation in effect on March 15, 1977, or by the department, by rule, with reference to the adequacy of such a container to contain the materials within it. In the absence of applicable standards, an “adequate immediate container” means a container designed and constructed so as to contain the items or substances within it without escape during any customary or reasonably foreseeable handling or use during transportation; (4) “Carrier” means a person engaged, directly or by agent or employee, in the transportation of property by land, air, or water as a common, contract, or private carrier; (5) [Repealed.] (6)(A) “Hazardous material” means any substance or mixture of substances which: (i) Is toxic; (ii) Is corrosive; (iii) Is an irritant; (iv) Is a strong sensitizer; (v) Is flammable or combustible; (vi) Generates pressure through decomposition, heat, or other means; (vii) Has been defined as such by the laws of the United States or by an agency of the United States, by regulation; or (viii) Has been defined as such by the department, by rule.(B) It is the purpose of this definition to include any and all substances or mixtures of substances which pose a significant risk of substantial personal injury or substantial illness or substantial pollution to land, water, or air of Arkansas as a result of the unforeseen escape of such a substance or mixtures of substances during transportation; (7) “Immediate container” means any receptacle which is designed to contain items or substances and prevent their escape into the environment. This definition includes, but is not limited to, bottles, boxes, cans, drums, chemical tank cars, and tank trucks; (8) “Transport” means shipping or transportation of property by carrier where the shipping or transportation is in furtherance, incidentally or necessarily, of the business of the carrier; and (9) All terms not otherwise defined in this section shall have the same definitions as set forth in §§ 23-13-203 and 23-13-206 unless clearly inconsistent with the purposes of this chapter.