75-57-31 - Removal of anhydrous ammonia storage plants from municipalities; regulation of vehicles transporting anhydrous ammonia; investigation of complaints involving storage facilities and subseque
§ 75-57-31. Removal of anhydrous ammonia storage plants from municipalities; regulation of vehicles transporting anhydrous ammonia; investigation of complaints involving storage facilities and subsequent condemnation proceedings.
The governing body of any municipality is authorized to require the removal of any anhydrous ammonia storage plant which may be located within its corporate limits, if, after hearing, it is established that such plant is unsafe in any manner. Any aggrieved person may appeal from such decision of the governing body to the circuit court in the county where such municipality is located. The governing authorities of any municipality are also authorized and empowered to regulate and control the operation of vehicles transporting anhydrous ammonia over the streets of such municipality to restrict the operation of such vehicle to such streets as shall be designated by said authorities and to regulate and restrict the parking of such vehicles upon municipal streets.
The State Board of Health is authorized, empowered and directed to investigate any complaints as to anhydrous ammonia storage facilities when such complaints are in the nature of a nuisance, health or property hazard. If, after an investigation and hearing, it is determined that the complaints are well founded, the State Board of Health shall immediately condemn any such storage facility and the owner or operator thereof shall, within ninety (90) days from date of condemnation, remove such storage facility to a place which will meet the approval of the State Board of Health or immediately empty the storage facility and discontinue its use. When any person fails or refuses to comply with the orders of the State Board of Health, the State Liquefied Compressed Gas Board or Commissioner of Insurance may seek an order of any circuit or chancery court to carry out the orders of the State Board of Health, and the violator shall be assessed all legal expenses, costs of court and all other expenses necessary to effectuate the orders of the State Board of Health.
Sources: Codes, 1942, § 5104-11; Laws, 1948, ch. 317, § 11; Laws, 1980, ch. 416, § 6; Laws, 1980, ch. 561, § 32; Laws, 1982, ch. 408, § 8; Laws, 1982, ch. 437, § 3; Laws, 1995, ch. 475, § 16, eff from and after July 1, 1995.