Mississippi Administrative Code
Title 28 - Ports and Airports
Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES
Chapter 02 - General Rules and Regulations
Section 28-1-02-152 - HAZARDOUS CARGOES

Universal Citation: MS Code of Rules 28-1-02-152

Current through September 24, 2024

Hazardous: The handling, storing, loading, discharging, or transporting of Hazardous Cargoes within or contiguous to the waterfront facilities of the Port Authority is subject to the applicable regulations of the United States Coast Guard (USCG), with specific reference to:

C.F.R. 33-SUBCHAPTER L - WATERFRONT FACILITIES

Part 126 - Handling of Explosives or Other Dangerous Cargoes within or Contiguous to Waterfront Facilities.

C.F.R. 46-SUBCHAPTERN - DANGEROUS CARGOES

Part 148 - Carriage of Solid Hazardous Materials in Bulk by Vessel

C.F.R. 49-SUBCHAPTER C - HAZARDOUS MATERIALS REGULATIONS

Part 171 - General Information, Regulations, and Definitions.

Part 172 - Hazardous Materials Tables and Hazardous Materials Communications Regulations.

Part 173 - Shippers - General Requirements for Shipments & Packaging.

Part 176 - Carriage by Vessel.

Also, there must be effective compliance with any other applicable Federal, State, county, or municipal laws and regulations. In addition to the foregoing, any applicants for the use of the

Port facilities for the handling or storage of hazardous cargoes as a condition to such use must agree to and comply with the following:

1. Submit to the Executive Director or his authorized representative evidence of any required permits of any agency of the Federal Government including the Department of Transportation, State of Mississippi, County of Harrison and the City of Gulfport.

2. In consideration for the granting of such an application, applicants must agree to indemnify and hold harmless the Port, its agents, servants and employees from and against any and all liability or costs, unloading but not limited to attorneys' fees and other costs associated with any claims or defense which the Port may incur, may be obligated to incur, or may be subjected to with respect to destruction of or damage to property of any kind or with respect to, injury to or death of any and all persons (whether such claims of property damage, property destruction, bodily injury or death has arisen or occurred on or off property owned or controlled by the Port), arising out of, related to, or in any way associated with the handling or storage of the hazardous cargo; it being the obligation of applicant to indemnify and hold harmless the Port, its agents, servants and employees without regard to who or what may have caused or contributed to such injury or damage.

Applicants further agree to provide the Port with Certificates of Insurance in a form acceptable to the Port evidencing policies of insurance or undertakings by companies or persons acceptable to the Port, in such amounts as the Executive Director from time to time shall determine to be essential to safeguard the interests of the Port, providing the following coverages:

a. Operations Liability
(1) General liability coverage shall be provided naming the Mississippi State Port Authority at Gulfport as an additional named insured.

(2) The coverage shall provide for general liability hazards including premises and operations, and independent

b. Stevedore's Legal Liability
(1) A stevedore's legal liability coverage shall be provided naming the Mississippi State Port Authority at Gulfport as an additional named insured.

(2) The coverage will provide for the legal and/or contractual liability of the insured as stevedores; whether arising from negligence or otherwise, in respect of loss or damage which may occur to: vessels, freight, cargoes, wharfs, piers, docks, lighters, elevators, cars, and any other thing not owned by the insured, resulting from or growing out of loading and/or discharging of various commodities.

c. Warehousemen's Legal Liability
(1) A warehousemen's legal liability coverage shall be provided naming the Mississippi State Port Authority at Gulfport as an additional named insured.

(2) The coverage shall be restricted to the legal liability of the insured arising from claims directly or indirectly related to goods of hazardous nature, stored, and in the insured's care, custody or control. Coverage shall provide for payment of all claims the insured is legally obligated to pay for loss of or destruction of personal property of others contained in the premises and to extend to physical damage to structures in the care, custody or control of the insured. Each policy or undertaking shall be endorsed to require the insurance company or underwriter to give the Port at least ten (10) days' written notice of cancellation, non-renewal or material change.

(3) In order to assure effective compliance with all applicable regulations, applicants must agree go:
(a) The retention of a competent and experienced cargo surveyor the Port Authority, at the discretion of the Executive Director or his authorized representative, to monitor all cargo handling operations of hazardous cargoes within or contiguous to the Port facilities, and aboard vessels loading/discharging at the Port of Gulfport. The cost of such surveyor shall be borne by the applicant.

(b) The employment of guards by the Port, to assure compliance with C.F.R. 33, Parts 126.15 and 126.16, and the cost incurred for such guards, and any other expenses incidental thereto, plus 20%, shall be borne by the applicant.

(c) Timely prior notification in writing to the Gulfport Fire Department.

(d) Timely prior notification in writing to the Director of Civil Defense, Harrison County.

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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