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

Current through June 25, 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