JNX Rules and Regulations

10 Johnston Regional Airport - KJNX AIRPORT RULES AND REGULATIONS SECTION 1 – GENERAL A Authority 1 These Airport Rules and Regulations are promulgated under the authority of North Carolina General Statutes Chapter 63 , North Carolina Session Law 1971 - 624 , and North Carolina Session Law 2020 - 12 , which grant the Authority the power to regulate the use of the Airport and to adopt necessary rules and regulations All leases , licenses , permits and other agreements authorizing the use of the Airport property and facilities shall require compliance with these Rules and Regulations 2 In addition to these Rules and Regulations , all Persons on the Airport are subject to all applicable provisions of federal law , laws of the State of North Carolina , and laws of Johnston County 3 The privilege of using the Airport and any and all of its facilities shall be conditioned on the assumption of full responsibility and risk by the user thereof The Authority assumes no responsibility for property loss , injury , or damage , or for personal injury or death , however caused , whether from fire , theft , vandalism , flood , earthquakes , act of God , or for any other reason 4 These Rules and Regulations cancel and supersede all previous rules and regulations governing the use of the Airport 5 The invalidation of any specific rule or regulation shall not affect the validity of the remainder of the Rules and Regulations B Purpose 1 The Authority’s purpose in adopting these Rules and Regulations is to promote the safe , secure and orderly use of the Airport 2 These Rules and Regulations will be construed to comply with federal and state law governing airports and the FAA Airport Improvement Program grant assurances C Application and Waiver 1 These Rules and Regulations govern the administration , operation and use of the Airport and shall apply to all users of , and Persons on , any portion of the Airport For operational contingencies not covered by these Rules and Regulations , the Airport Director is authorized to establish such additional provisions as may seem desirable and proper 2 The Authority intends for these Rules and Regulations to be applicable to all Persons having a lease , permit or agreement with the Authority 3 The Airport Director may waive all or any portion of the Rules and Regulations for the benefit of any government agency performing public or emergency services , 1 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024PageJohnston Regional Airport - KJNX including for example , law enforcement , disaster relief , search and rescue , fire prevention and firefighting , but only to the extent that the Airport Director determines that any such waiver will not diminish the safety of Airport operations D Administration 1 The Airport Director has primary responsibility for the interpretation and application of these Rules and Regulations and is authorized to issue directives and interpretive guidance in conformity with the Rules and Regulations The Rules and Regulations shall be made available upon request in electronic or hard copy format 2 The Airport Director shall have the following authority a The Airport Director may restrict or refuse any flight activity or other operation or activity at the Airport for any reason he deems justifiable in the interest of public security , safety and welfare The Airport Director may prohibit the use of the Airport or any part of it by a Person when in his or her opinion the Person or the activity is inimical to the safe operation of the Airport or the safety of the public b The Airport Director has the authority to close all or any portion of the Airport to air traffic , to delay or restrict any flight or other Aircraft operations , to refuse takeoff permission to Aircraft , and to deny the use of the Airport to any specified class of Aircraft or any individual or group when he considers the action to be necessary and desirable to avoid endangering Persons or property and to be consistent with the safe and proper operation of the Airport In the event the Airport Director determines the condition of the Airport , or any part of the Airport , to be unsafe for landings and takeoffs , he will issue appropriate NOTAM S closing all or part of the Airport c In addition to any penalties that may be imposed , the Airport Director may remove or eject from the Airport , or any part of the Airport , any Person who violates any rule or regulation or any order or instruction issued by the Airport Director or any law enforcement officer and may deny the use of the Airport , or any part of the Airport , and its facilities to the Person if he determines that such denial is necessary for the safety , health or welfare of Persons or property or the orderly operation of the Airport and for the good of the public 3 Law enforcement officers authorized to enforce the laws of the State of North Carolina and or Johnston County , North Carolina , have authority to detain , arrest , or remove from the Airport , any Person violating these Rules and Regulations or any other applicable laws , statutes or ordinances No Person shall willfully fail or refuse to comply with any lawful order or direction of a law enforcement officer on the Airport 2 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024PageJohnston Regional Airport - KJNX 4 The Authority has the right to impose rates and charges for the use of the Airport to compensate the Authority for the costs to operate , maintain and develop the Airport and to make the Airport as self - sustaining as possible The Authority may adopt a schedule of rates and charges that may be adjusted from time to time E Commercial Activities and Construction on the Airport 1 All commercial aeronautical activities conducted on the Airport must be approved by the Authority by means of a written agreement and shall be performed in accordance with the Authority’s Minimum Standards and these Rules and Regulations 2 All commercial non - aeronautical activities conducted on the Airport must be performed in accordance with these Rules and Regulations 3 All written agreements for the provision of commercial aeronautical and commercial non - aeronautical activities shall prohibit sublease , assignment and subcontracting of the provision of commercial services , products and services without the written consent of the Authority 4 Any construction or alteration taking place on the Airport shall be performed in compliance with FAA , State of North Carolina and Johnston County requirements , standards and guidelines No construction requiring a building or similar permit shall take place on the Airport without the approved construction plans , proper permits and written approval of the Airport Director 5 , Any construction or other commercial or non - commercial activities on the Airport that are determined by the FAA to constitute an obstruction or hazard to air navigation or that would , according to FAA standards , constitute an attraction to wildlife are prohibited without prior written permission of the Airport Director 3 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024PageJohnston Regional Airport - KJNX SECTION 2 – PERSONAL CONDUCT A General 1 No Person shall obstruct , impair , disturb or interfere with the safe , orderly and efficient use of the Airport by any other Person , or interfere with the safe , orderly and efficient operation of Aircraft landing at , or taking off from , or operating on the Airport A Person who refuses to cease such behavior may be directed to leave the Airport by the Airport Director or his designee If the Person fails to comply with such a directive the Person may be deemed a trespasser 2 No Person shall make , possess , use , offer for sale , pass or deliver any forged or impermissibly altered pass , permit , identification card , sign or other authorization purporting to be issued by or on behalf of the Authority , the Airport or the Airport Director 3 No Person shall commit any disorderly , obscene or indecent act on the Airport 4 No Person shall engage in , conduct , aid in or abet any form of gambling on the Airport 5 No Person may abandon personal property , vehicles , or Aircraft on the Airport Personal property found in public areas of the Airport shall be turned over to the Airport Director Articles unclaimed within thirty 30 days may be legally disposed of upon authorization from the Airport Director 6 No Person may consume alcoholic beverages at the Airport , except in those areas designated for the sale and or consumption of alcohol by the Airport Director and licensed in accordance with the laws of the State of North Carolina and Johnston County 7 Smoking is prohibited at the Airport except in designated areas 8 No Person shall throw , deposit , place or leave any rubbish of any nature on or within the Airport , except in designated receptacles 9 No Person shall destroy , damage or deface in any way property located on the Airport B Pedestrian Access 1 No Person may travel on the Airport other than on roads , sidewalks or other marked rights of way provided for such purpose 2 No Person shall prevent or restrict any other Person’s passage to , from and within the Airport , except for the authorized conduct of Airport employees and law enforcement officials 3 No Person shall loiter on the Airport or in any building on the Airport for a period of time longer than reasonably necessary to transact such business as the Person 4 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024PagePage pageNumber5Johnston Regional Airport - KJNX may have on the Airport No Person shall be permitted to remain overnight in the Terminal , except as authorized by the Airport Director Any Person who refuses to comply with a proper request to leave the Airport , or an area of the Airport in which they have no legitimate interest shall , in addition to any other penalties , be regarded as a trespasser 4 No Person shall without authorization enter a restricted area of the Airport , or other area of the Airport , unnecessary to the Person’s use of the Airport Any Person who refuses to comply with a request to leave an area of the Airport in which they have no legitimate interest shall , in addition to any other penalties , be regarded as a trespasser This provision is intended to apply to Persons who may have a legitimate interest to be in one part of a restricted area but not have a legitimate interest to be in another part of a restricted area C Animals 1 With the exception of service animals , as defined by the Americans With Disabilities Act , and animals used in law enforcement or wildlife management , animals are not permitted in the Terminal or AOA except for the purpose of transport by air Animals must be restrained by leash , harness , or container or otherwise confined in a manner as to be under control Airport Tenants may bring personal pets onto the Airport so long as they are restrained by leash or harness or otherwise under positive control 2 No Person shall hunt , pursue , trap , catch , injure or kill any animal on the Airport , except for purposes of wildlife management in accordance with a wildlife hazard management plan or as authorized by the Airport Director D Weapons 1 Firearms are allowed on the Airport to the extent expressly permitted by North Carolina and Federal law 2 No Person shall possess on the Airport any explosive device or weapon , or any hoax device A hoax device shall include any object that would cause a Person to reasonably believe that the object is or contains a destructive , incendiary or explosive device 3 No Person shall discharge any laser on the Airport or onto the Airport directed at a Person or Aircraft E Signs and Advertisements 1 The Airport Director may post signs , including electronic signs , and authorize aural announcements on the Airport to put users thereof on notice of matters contained herein and of emergency orders promulgated hereunder 5 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024PagePage pageNumber6Johnston Regional Airport - KJNX 2 All Persons shall observe and obey posted signs governing activities on the Airport and the direction of law enforcement officers , TSA officers , and Airport employees 3 No Person shall post or distribute written advertisements , newspapers , notices , circulars or handbills at the Airport without the prior written consent of the Airport Director F Commercial Photography and Video 1 No Person shall take still photographs , make video or audio recordings at the Airport for commercial purposes without written permission in the manner authorized herein , except that accredited members of the television and print news media may cover news in the public areas of the Airport Terminal 2 No Person shall take still photographs or record video of access control readers , security measures or security doors within or leading into or out of any secured area 3 Any Person wishing to conduct commercial filming on Airport property must obtain approval from the Airport Director All requests for filming shall be made to the Authority at least ten 10 days prior to the commencement of filming Filming will not be allowed if it interferes with or has a negative impact on normal activity at the Airport as determined in the sole discretion of the Airport Director The Person filming on the Airport shall provide proof of commercial general liability insurance in an amount not less than 1,000,000 that identifies the Authority as an additional insured G Solicitation 1 No Person shall solicit for the immediate receipt of funds or other items of value at the Airport 2 No Person shall engage in the sale of flyers , brochures , pamphlets , books , or any other printed or written matter for any political , religious , civic or charitable purpose on Airport property , whether or not such sale would be in furtherance of , or in any manner connected with , religious , civic , or charitable expression or a charitable or non - charitable purpose H Assembly and Demonstration 1 No Person shall engage in picketing , marching or demonstrating , including the use of mobile billboards , on the Airport for any reason without prior written permission of the Airport Director If granted , such written permission shall specify the area of the Airport on which picketing , marching or demonstrating shall be permitted , the date and time such activity is permitted , and any other reasonable conditions that the Airport Director may deem necessary to ensure the safety of Persons and 6 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024PagePage pageNumber7Johnston Regional Airport - KJNX property or for the efficient operation and security of the Airport The use of devices to amplify sound is not permitted 2 All authorized picketing , marching and demonstrating shall be conducted i in a peaceful and orderly manner , ii without physical harm , molestation , threat or harassment of any Person , iii without obscenities , violence , breach of the peace or other unlawful conduct , iv without obstructing the use of the Airport by others , v without hindrance to or interference with the proper , safe , orderly and efficient operation of the Airport , vi without the use of sound amplifying devices , and vii in strict conformance with any operating procedures governing such activities on the Airport and the directions and conditions prescribed in writing by the Airport Director 3 Each Person seeking to picket , march or demonstrate at the Airport shall , at least ten 10 days prior to such activity , provide in writing the following information to the Airport Director a The applicant’s name , mailing address and telephone number ; b If the applicant is an agent or represents an organized body or institution , the name , address , and telephone number of the entity , and a letter or other documentation certifying that the applicant has the authority to represent the organization or entity ; c The name and title of the Person who will have the immediate supervision of and responsibility for the applicant’s activities at the Airport ; d The type and purpose of the proposed activity ; e The dates and hours during which the proposed activity is requested to be permitted ; f The number of Persons who will be engaged in the proposed activity at any one time ; g Any information concerning potential activities that may be hostile or antagonistic to the proposed activity and might tend to create disturbances or security problems I Damage to Airport 1 No Person shall intentionally cause damage to , remove or alter any physical property of the Airport , without prior written permission of the Airport Director 2 Any Person causing damage to any physical property shall immediately notify a law enforcement officer or Airport staff 3 Any Person causing damage to any physical property shall be fully liable to the Authority for repair of such damage , in additional to any other applicable penalties 7 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024PagePage pageNumber8Johnston Regional Airport - KJNX J Residential Use 1 No building or facility on the Airport shall be used for residential use The foregoing shall not apply to flight crew quarters , pilot resting facilities , and similar facilities designated and used for temporary occupancy K Non - Aeronautical Property Storage 1 No hangar , T - Hangar or similar structure on the Airport used for storage of or use by Aircraft shall be used for the storage of vehicles or property not related to the use , operation or maintenance of Aircraft This prohibition does not preclude the storage of ground vehicles on a temporary basis while the occupant is travelling in an Aircraft stored in the structure 2 The Airport Director or his her designee shall have the right of inspection to ensure compliance with this provision 3 Any prohibited item shall be removed upon reasonable notice by the Airport Director , and , if not removed as instructed , shall be subject to removal by the Airport Director at the responsible Person’s expense 8 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024PagePage pageNumber9Johnston Regional Airport - KJNX SECTION 3 – AIRCRAFT OPERATIONS A General 1 The owner or operator of an Aircraft based at the Airport shall register the Aircraft with the Authority Any change in ownership of an Aircraft shall require a change in the registration Each Aircraft owner or operator must provide , or permit the Authority to review , the following information a Aircraft type and manufacturer ; b Aircraft registration number ; c Date of manufacture ; d Owner’s name , address and telephone number ; e Names and addresses of all approved pilots ; f Pilot certificates and number ; and g Medical certificate and expiration date 2 The operation of Aircraft on the Airport shall be conducted by licensed pilots in conformity with applicable FAA regulations , including without limitation Part 91 , Part 121 and Part 135 , directives and orders of air traffic control , TSA regulations , and these Rules and Regulations 3 All Aircraft operating at the Airport shall display on board the Aircraft a valid airworthiness certificate as required and issued by the FAA or appropriate foreign government and shall further display on the exterior of the Aircraft a valid registration number issued by the FAA or appropriate foreign government All Persons operating Aircraft on the Airport shall possess an appropriate certificate or license issued by the FAA or appropriate foreign government Upon request of the Airport Director , FAA , National Transportation Security Board , law enforcement officers , or TSA , the Aircraft operator shall produce an operator’s license , an airman certificate , a medical certificate and phot identification 4 No Person may operate Aircraft at the Airport in a reckless or negligent manner , in disregard of the rights and safety of others , without due caution , or at a speed or in a manner which endangers , or is likely to endanger , Persons or property No Person shall operate Aircraft constructed , equipped or loaded in such a manner as to endanger , or to be likely to endanger , Persons or property 5 The Airport Director shall prohibit Aircraft operations upon determining the continued operations would be unsafe in the conditions present at the time , including without limitation , Aircraft incidents and accidents and certain airfield surface conditions The Airport Director shall issue a NOTAM to close a portion of or the entire Airport or restrict Aircraft activity on the Airport 9 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page0Johnston Regional Airport - KJNX B Parking and Ground Movement of Aircraft 1 Aircraft operators shall obey all pavement markings , signage and lighted signals 2 Positioning , starting , or taxiing Aircraft shall be done in such a manner so as not to cause jet blast and prop wash that may result in injury to Persons or damage to property 3 Aircraft shall not be started or taxied within any structure on the Airport , except as may be required by Aircraft manufacturing 4 Aircraft shall be parked only in those areas designated for such purpose by the Airport or the Airport Director and shall not block taxi lanes or taxiways , or obstruct access to hangars or parked Aircraft Aircraft shall also not be parked in a manner that obstructs pedestrian sidewalks or other Airport access 5 Aircraft operators shall ensure that Aircraft are properly secured when parked 6 Passengers and cargo shall be enplaned deplaned only in designated areas 7 No Aircraft shall be left unattended on the Airport unless it is in a hangar or adequately locked and secured 8 Fixed wing Aircraft taking off or landing at the Airport shall do so only from designated runways and in full compliance with FAA regulations 9 No helicopter shall be operated within fifty 50 feet of any building , and helicopters shall operate only from areas approved by the Airport Director Helicopters shall be parked only in a designated tie - down space or in an area where the aircraft is marshaled by an Airport line employee Helicopter pilots shall comply with all parking directives , written or oral , provided by an Airport line employee 10 The operator of an Aircraft involved in an accident on the Airport , regardless of whether it results in Personal injury or property damage , must immediately notify the Airport Director and make a prompt and complete report concerning the same , in addition to any and all other notifications and reports required to be made to other federal , state and local authorities 11 An Aircraft involved in an accident on the Airport shall not be removed from the scene of the accident until authorized by the Airport Director , who shall receive removal authorization from the FAA or National Transportation Safety Board , when applicable , and or the Federal Bureau of Investigation if criminal activity is suspected , except as may be necessary for exigent safety reasons Once authorization for removal has been issued , the Aircraft owner , pilot or authorized insurance company shall make arrangements to have the Aircraft moved immediately If removal is not completed within a reasonable amount of time , the Airport Director may have the Aircraft removed at the owner’s sole risk and 10 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page1Johnston Regional Airport - KJNX expense Any claim for compensation against the Authority , for any and all loss or damage sustained to any disabled Aircraft by reason or removal or disposal , is waived and the owner , lessee , operator or other Person having control , or the right of control , of an Aircraft shall indemnify , hold harmless and defend the Authority , against any and all liability for injury or death of any Person , or for injury to any property , arising out of the removal or disposal of disabled Aircraft 12 Non - airworthy Aircraft shall not be permitted in the tie - down or ramp areas 13 Abandoned Aircraft are not permitted on the Airport The Airport Director may remove abandoned Aircraft at the sole cost , risk and expense of the Aircraft owner 14 The operator , pilot or other Person causing damage to Airport lighting or other Airport facilities shall be responsible for the cost of repair or replacement 15 No Person , except airmen , duly authorized personnel , passengers going to or from Aircraft , or Persons specifically authorized by the Airport Director shall be permitted to enter the AOA However , this does not give any such Person s the privilege of unrestricted use and access to all areas of the AOA and the Airport These access privileges are confined to the necessary use of the AOA and Airport in connection with flights , inspections , and routine duties of that Person s Any Person who refuses to comply with a proper verbal or written request to leave the Airport , or an area of the Airport in which they have no legitimate aeronautical purpose , will be regarded as a trespasser 16 The Airport Director may designate any number of unleased Airport tie - down spaces for the exclusive use of itinerate aircraft , and may prevent the use of spaces designated for itinerate aircraft by Persons that base aircraft at the Airport , except upon the express permission of the Airport Director C Weight Limits 1 No Aircraft having a maximum gross takeoff weight , as certified by the Aircraft manufacturer and including passengers , cargo , fuel , and equipment , in excess of the weight - bearing capacity of the airfield pavements , as identified in the FAA Airport Facility Directory , shall land , take off , or taxi at the Airport without the prior written permission of the Airport Director D Maintenance , Cleaning and Painting 1 Aircraft maintenance shall be permitted only in areas designated by the Authority 2 Aircraft cleaning shall be performed only in the areas and in the manner prescribed by the Airport Director and in compliance with the Airport’s stormwater plan 3 Aircraft painting shall be performed only in areas and in the manner prescribed by the Airport Director 11 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page2Johnston Regional Airport - KJNX 4 Areas designated for Aircraft repair must meet all federal , state and local rules and regulations governing the appropriateness and safety of the area E Limits on Aeronautical Activities 1 The following types of Aircraft and other aerial devices may not be operated to , from or at the Airport without the prior written permission of the Airport Director a Ultralight Aircraft ; b Model Aircraft or unmanned aerial vehicles or systems ; and c Kites , tethered or non - tethered balloons , rockets or similar aerial devices 2 Use of any portion of the Airport as a designated drop zone for parachute jumping or skydiving shall be prohibited without the prior written approval of the Airport Director and shall also require a lease or permit authorizing the use of the designated portion of the Airport for a drop zone 3 The Airport Director may seek review by the FAA upon receipt of an application to conduct one of the foregoing aeronautical activities or any other aeronautical activity not conducted at the Airport at the time of application If the aeronautical activity is approved it shall be conducted in conformity with any directives of the Airport Director prescribing the specific conditions of approval and all applicable requirements contained in applicable FAA regulations F Self - Service 1 All Persons have the right to service an aircraft that the Person owns or that the Person has under their exclusive use and operational control pursuant to a long - term lease or similar agreement manifesting that the Aircraft is within the Person’s exclusive care , custody and control 2 Each Person self - servicing an Aircraft shall have the requisite training and or certification as may be required by these Rules and Regulations and the FAA Licensed pilots are permitted to perform preventive maintenance on the Airport in accordance with 14 CFR Part 43 3 The Authority does not recognize Aircraft managers , co - ops or hangar associations to be the owner of lessee of an Aircraft , and each entity is therefore not permitted to self - service Flying clubs and companies engaged in fractional ownership operations pursuant to 14 CFR Part 91 that are the owner or lessee of an Aircraft are permitted to self - service , in accordance with federal law 4 Self - servicing shall be performed only by the Aircraft owner , lessee or employees of the owner or lessee The Airport Director may require review of proof of employment 12 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page3Johnston Regional Airport - KJNX G Fueling 1 Generally a All fuel handling and dispensing on the Airport shall be performed in compliance with the following , as each of the same may be amended or superseded 1 40 CFR Part 112 , Oil Pollution Prevention 2 FAA Advisory Circular 150 5230 - 4 , Aircraft Fuel Storage , Handling and Dispensing on Airports 3 FAA Advisory Circular 00 - 34A , Aircraft Ground Handling and Servicing 4 National Fire Prevention Association NFPA ’ s Code No 407 , Standard for Aircraft Fuel Servicing ; and Code No 30 , Flammable and Combustible Liquids Code 5 NFPA 385 , Standard for Tank Vehicles for Flammable and Combustible Liquids 6 NFPA 10 , Standard for Portable Fire Extinguishers 7 Air Transport Association Specification 103 , Standards for Jet Fuel Quality 8 Underwriters Laboratories 2085 , Protected Aboveground Tanks for Flammable and Combustible Liquids 9 Johnston County Fire Code b Only the Authority shall be permitted to engage in the sale of aviation fuel and lubricants to the public at large at the Airport 2 Fuel Flowage Fee a To compensate the Authority for the use of the Airport , each Fueler shall pay the Authority a fuel flowage fee as designated in the Authority’s Schedule of Rates and Charges for each gallon of aviation fuel AvGas or Jet - A dispensed in the prior month Each Fueler shall , on or before the tenth day of each month , submit payment to the Authority for all fuel dispensed during the prior month b Each Fueler shall submit to the Authority a statement which sets forth the total number of gallons of fuel dispensed during the preceding month c The Authority may , from time to time , require gallons supplied to the Fueler be verified by the company which supplies fuel to Fueler 13 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page4Johnston Regional Airport - KJNX d The Authority shall have the right to increase the fuel flowage fee rate from time to time The Authority shall notify each Fueler in writing of the Authority’s intent to increase the then prevailing fuel flowage fee rate , indicating the new rate proposed and the date such rate is scheduled to go into effect , at least 30 days prior to the proposed effective date Prior to the new rate going into effect , any Fueler may submit written comments or objections to the proposed new rates for review and consideration by the Authority The Authority may , but shall not be required to , adjust the new rates based upon the comments or objections of any Fueler , and the new rates adopted by the Authority shall be final e Each Fueler shall be liable to pay the then - current fuel flowage fee 3 Training a All Fuelers handling aviation fuels at the Airport must be properly trained as required by FAA regulations , currently at 14 CFR § 139321 Separate fuel safety training programs are required for supervisory training and line service fuel safety training b At least one supervisor for each Fueler must have completed an FAA authorized aviation fuel training course in fire safety The individual must be trained prior to initial performance of duties or enrolled in an authorized aviation fuel training course that will be completed within 90 days of initiating duties and receive recurrent instruction at least every 24 consecutive calendar months c Fuelers must maintain a copy of the certificate of completion for any supervisors or employees completing the required fuel safety training for 12 consecutive calendar months Certificates shall comply with applicable FAA requirements , currently at Advisory Circular 150 5230 - 4B at Chapter 4 , Section 3 d Fuelers must provide to the Airport Director a written confirmation once every 12 consecutive calendar months that the training required by FAA regulations , currently at 14 CFR § 139321 e , has been completed 4 Fueling Operations a Fuelers shall observe and comply with all applicable federal , state , and local laws , ordinances , rules and regulations concerning the storage , handling , and dispensing of aviation fuel at the Airport b No aircraft shall be fueled while one or more of its engines are running c No aircraft shall be fueled or defueled while passengers are on board , unless a passenger loading ramp is in place at the cabin door , the door is in the open position , and an attendant is present at or near the door 14 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page5Johnston Regional Airport - KJNX d All fueling operations shall be conducted at locations determined by the Authority in its sole and absolute discretion e No aircraft shall be fueled or defueled while inside any building , hangar , or enclosed space , unless approved in writing by the Aviation Director prior to the fueling operations f No aircraft shall be fueled or defueled if an electrical storm is in progress within 3 miles of the Airport h Fueling and defueling operations shall be conducted with adequate fire extinguishers immediately available All extinguishers shall be inspected and certified , as required by law , and all Fuelers shall be properly trained on the use of fire extinguishers i No Person shall start any engine of an aircraft if there is any flammable or combustible liquid or other volatile fluid on the ground within fifty feet of the aircraft The lighting of an open flame , including matches , or any source of ignition is prohibited within 100 feet of any fueling operation j During fueling and defueling operations , no Person shall operate any radio transmitter or receiver in the aircraft being fueled or defueled , switch electrical appliances on or off in such aircraft , or perform any act which may cause a spark within 50 feet of the aircraft k Fuelers shall provide pumps for dispensing aviation fuels from a fixed location or dispensing truck These pumps shall be equipped with metering devices that meet all safety standards of the aviation fueling industry and the FAA The metering devices must be inspected , checked , and certified by appropriate state and local agencies l All fuel dispensing equipment , hoses , funnels or apparatus used in fueling or defueling shall be maintained in good condition and be properly grounded , in accordance with FAA and NFPA guidelines , and in compliance with the Federal Water Pollution Control Act m All gasoline powered fueling vehicles intended for use on the Airport must be equipped with antispark exhaust systems The engine exhaust system shall be designed , located and installed so as to minimize the hazard of fire n All fueling vehicles shall be fitted with the fueling nozzle designed and intended for the fuel dispensed from the vehicle o All hoses , funnels , and appurtenances used in fueling and defueling operations shall be equipped with a bonding device to prevent ignition of volatile liquids During fueling or defueling , the aircraft and the dispensing apparatus shall be bonded in order to equalize voltage potential 15 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page6Johnston Regional Airport - KJNX p Fuelers shall provide for the adequate handling and disposal of all trash , waste , petroleum products , and other Hazardous Materials , including but not limited to , used oil , solvents , and other waste in accordance with federal , state and local laws q Automotive fuels , also known as Mogas , shall be dispensed only into Aircraft certified for use of such fuels Mogas may be stored and dispensed only in connection with self - fueling and shall not be offered for sale on a commercial basis at the Airport r The transfer of fuel from one fueling or transport vehicle to another is prohibited on the Airport s No fuel vehicle shall be operated on a taxiway or runway at any time without express prior permission from the Airport Director to operate that vehicle at that place and at that time t Fueling trucks must be pointed away from fueled aircraft and have a clear route of egress in the case of emergency 5 Fuel Storage a The storage of aviation fuel is permitted only in the area s of the Airport as may be designated by the Authority b OMITTED c All fuel storage tanks approved by the Authority installed or constructed on the Airport shall be above ground level , have a minimum capacity of 1,000 gallons , and be in a location approved by the Authority in its sole and absolute discretion and in compliance with local , state and federal laws and regulations The Authority is not required to lease or otherwise provide land to any Person in order for that Person to construct a fuel storage tank d Construction or alteration of fuel storage facilities may be undertaken only if approved in writing by the Authority and shall meet all local , state and federal safety standards e All fuel storage facilities and mobile fueling vehicles shall be identified by the type of fuel and fuel octane stored when applicable , in addition to any other marking or placards required by federal , state or local law and fitted with the nozzle designed and intended for the fuel stored in and dispensed from the fuel storage facility or mobile fueling vehicle f Mobile fueling vehicles shall be parked in areas designated by the Airport Director in his sole and absolute discretion g Fuelers shall inspect and maintain fuel storage facilities , fueling equipment and mobile fueling vehicles in good condition 16 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page7Johnston Regional Airport - KJNX h A Fueler authorized to receive , store , and dispense aviation fuels shall have adequate procedures for sampling and testing of fuels All tests and test schedules shall be performed in accordance with applicable regulations and industry standards Fuelers are solely responsible for ensuring the quality of the fuel i At least fourteen days before beginning self - fueling , Fueler shall have in place a plan addressing proper fueling procedures , training of Personnel , quality assurance and quality control procedures , record keeping , marking and labeling of fueling equipment and the fuel storage method , and emergency response procedures Fueler shall provide to the Authority a Spill Prevention , Control and Countermeasure Plan “ SPCC Plan ” that meets all applicable regulatory requirements for fuel storage and fueling activities Fuel may not be stored in or dispensed from any fuel storage facility or mobile fueling vehicle unless and until the Aviation Director has approved the operational plan and any SPCC Plan j For fuel storage tanks , Fuelers shall be responsible for and oversee the safe transfer of all fuel from fuel supplier to a Fueler’s fuel storage facility , including by ensuring that the fueling vehicle driver remains with the vehicle at all times when fuel is being transferred 6 Inspections a The Authority and Airport employees and other appropriate governmental agencies may inspect a Fueler’s fuel storage facilities , dispensing equipment , and vehicles from time to time to ensure compliance with all safety standards A record of those inspections shall be retained by Fueler for at least twenty four months When discrepancies are noted , Fueler shall immediately take corrective action to remedy the situation The failure to take corrective action to remedy the situation may result in the termination of any and all privileges to operate at the Airport A written report of corrective actions taken shall be submitted to the Airport Director within fourteen days of the observed discrepancy 7 Fuel Spills a Fuelers shall prepare an SPCC Plan and provide a copy to the Airport Director b Fuelers shall provide adequate procedures to prevent and limit fuel spills and shall develop fuel spill contingency plans including notification and clean - up procedures c Fuelers shall maintain and have readily available an adequate supply of fuel absorbent materials and other materials to dam , dike or divert a fuel spill 17 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page8Johnston Regional Airport - KJNX Fuelers shall have , at a minimum , enough materials to respond to a fuel spill of up to 55 gallons and to prevent fuel flowage into storm drains d In the event of a fuel spill , the following safety procedures will be followed 1 Fueler shall immediately notify the Airport Director or call 911 , if the Airport Director is unavailable This notification requirement shall apply regardless of the volume of fuel spilled 2 Fueler shall take immediate action to begin containment and clean - up operations , which shall include the prevention of fuel from entering any storm or silt trench drain 3 Fuel delivery devices and other vehicles shall not be moved or operated in the vicinity of the spill until containment and clean - up operations have been initiated and the devices and vehicles can be moved or operated without causing further fuel spill or presenting further risk to human health , safety and the environment 4 A fireguard shall be promptly posted and remain on site until relieved by the Airport Director or his her designee 5 All contaminated absorbent material shall be placed in DOT - approved metal containers and disposed of by the Fueler in compliance with all applicable federal , state and local laws 6 Where spills occur that are larger than Fueler can adequately handle , Fueler must obtain the clean - up services of an approved Hazardous Material contractor The Airport Director will coordinate the recovery operations with the Fueler and contractor and ensure the safe handling of residual fuel after recovery 7 In the event that a fuel spill exceeds twenty - five 25 gallons , cannot conclusively be shown to be less than 25 gallons , cannot be cleaned up within twenty - four hours , or makes its way into a waterway , Fueler shall report the spill to the North Carolina Department of Environmental Quality Nothing herein shall excuse Fueler’s noncompliance with reporting or response requirements under North Carolina law and regulation 8 Fueler shall be liable for all costs associated with the control , containment , clean - up , disposal and any damages that result from the spill or clean - up operations If Fueler fails to promptly undertake remediation activities in response to a spill or discharge , the Authority may , but is not obligated to , perform such remediation Any costs incurred by the Authority associated with assessment and 18 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page9Johnston Regional Airport - KJNX cleanup of the spill will be billed to Fueler , payable within thirty days 9 Copies of all reports submitted to any federal , state , or local agency relating to such spill shall be provided to the Airport Director at the time submitted to such agency 8 Self - Fueling a No Person shall engage in self - fueling unless and until a self - fueling permit authorizing such activity has been obtained from the Authority The Authority may impose an annual fee for the self - fueling permit in its schedule of rates and charges b To obtain a self - fueling permit , an applicant must provide or allow review of evidence of ownership or lease for every Aircraft for which self - fueling privileges are requested c To obtain a self - fueling permit , an applicant must provide evidence that it is a tenant at the Airport pursuant to a lease d Fueler shall procure and deliver to the Authority , with the application for a self - fueling permit , a current , original Certificate of Insurance acceptable to the Authority showing insurance coverage for the duration of the self - fueling permit in an amount not less than 1,000,000 general liability insurance , including the operation of any fueling vehicle , and 1,000,000 pollution insurance to provide coverage in the event of any fuel spill or other fueling activities All insurance policies shall name the Authority as an additional insured , and shall not be subject to cancellation or change except after thirty days prior written notice of such cancellation or change to the Authority by the carrier e The term of a self - fueling permit shall be no longer than one year and shall be subject to renewal f Fueler may only fuel aircraft identified on the self - fueling permit No other Aircraft may be fueled by Fueler Fueling of Aircraft not owned or exclusively leased by Fueler shall result in the immediate termination of the self - fueling permit g Fueler shall ensure that only Persons employed by Fueler are involved in dispensing fuel and that all employees handling fuel are trained in accordance with Section 3 Training above Fueler shall allow review of evidence of training in safety procedures received by each Person who will conduct aviation fuel dispensing operations and verifying all required certifications and required recurrent training before self - fueling activities may take place 19 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page0Johnston Regional Airport - KJNX h OMITTED i Fueler shall have at least one 20 - pound , Class B C fire extinguisher available during fueling operations j Fueling vehicles shall not be permitted to park inside any structure on the Airport k Each Fueler shall meet with Airport Personnel to discuss fueling fire safety and associated safety procedures before the first time fuel is dispensed by Fueler l The Airport Director and or designee shall have the right to conduct fire safety inspections upon reasonable notice to Fueler any time during the term of a self - fueling permit m Fueler may terminate the self - fueling permit upon written notice to the Authority n Fueler shall agree to assume liability in connection with fuel storage , handling and dispensing , and to indemnify , hold harmless and defend the Authority , on terms prescribed by the self - fueling permit o A self - fueling permit is not assignable or transferable Fueler shall not enter into any agreement to transfer any of Fueler’s privileges under the self - fueling permit whereby other Persons share in the privileges or services authorized by the self - fueling permit 9 After Hours Fueling by Life Support Service Providers and Government Entities a Those entities who are engaged in providing twenty - four hour a day life support services or that are a government entity or agency shall be entitled to utilize the Airport’s fueling equipment to fuel their aircraft as needed at times when Airport personnel are not available to provide such fuel service b Any entity fueling pursuant to this subsection shall comply with Sections 3 G 3 , 4 and 7d of these Rules c Any entity fueling pursuant to this subsection shall pay the after - hours fueling fee as set forth in the Authority’s Schedule of Rates and Charges as adopted from time to time d Any entity fueling pursuant to this subsection shall enter into a fueling agreement and agree to provide required insurance , assume liability in connection with fuel handling and dispensing , and to indemnify , hold harmless and defend the Authority from any and all liability and damages related in any manner to the fueling activities 20 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page1Johnston Regional Airport - KJNX SECTION 4 – FIRE PREVENTION AND ENVIRONMENTAL MANAGEMENT A Fire Prevention 1 Open flame operations on the Airport are prohibited unless expressly authorized by the Airport Director 2 Smoking is prohibited at the Airport except in designated areas 3 Open flames , matches , and lighters are prohibited within 50 feet of any Aircraft and within 100 feet of any fuel storage area , fuel truck , or Aircraft being fueled or defueled 4 No Person shall store material or equipment , use flammable liquids or gases , or allow their premises to be in such condition as to violate , in any manner , the fire codes in effect on the Airport The storage of paint thinners , fuel , or other hazardous or volatile materials in hangars is expressly prohibited 5 All heating equipment and fuel burning appliances installed on the Airport shall conform to the International Building Code and NFPA 1 Fire Code and comply with any additional requirements imposed by the Fire Marshal 6 Hangar floors shall be kept free from accumulation of oil , grease , flammable liquids , rags , or other waste materials 7 All empty oil , paint and varnish cans , bottles or other containers shall be disposed of in an appropriate and timely manner and shall not remain on the floor , wall stringers , or overhead storage areas of the hangars or other buildings 8 Drip pans shall be placed under engines of stored Aircraft and shall be maintained so as to prevent accumulations of liquid in the pans B Sanitation and Hazardous Materials Management 1 All Persons on the Airport shall be responsible for compliance with federal , state and local laws concerning the use , handling , treatment , storage , discharge , disposal or transportation of Hazardous Materials These laws include , without limitation , the Resource Conservation and Recovery Act , the Comprehensive Environmental Response , Compensation and Liability Act , the Clean Water Act and the Hazardous Materials Transportation Act 2 No Person shall use , handle , treat , store , or transport Hazardous Materials on or at the Airport except as reasonably necessary in the ordinary course of the Person’s authorized activities on the Airport and only if such Hazardous Materials are properly labeled and contained , and notice of and a copy of the Material Safety Data Sheet is provided to the Airport Director for each such Hazardous Material 21 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page2Johnston Regional Airport - KJNX 3 No Person shall use , handle , treat , store , or transport Hazardous Materials at , in or on the Airport at such time or place or in such manner or condition as to create an unreasonable risk of harm to Persons , property or the environment 4 All Persons whose duties and responsibilities involve the handling and storing of Hazardous Materials must have received proper training , as prescribed by the Occupational Health and Safety Administration 5 No Person shall discharge , dispose or release any Hazardous Materials on the Airport or surrounding air , lands or waters In the event of a release , the responsible party promptly shall notify the Airport Director , call 911 if the Airport Director is unavailable , and notify any federal or state agency , as applicable Fuel spills shall be addressed as provided in Section 4 G 6 Responsible Persons shall be liable for the cost to remediate the release of any Hazardous Materials on the Airport If the responsible Person fails to promptly undertake remediation activities in response to the release of any Hazardous Material , the Authority may , but is not obligated to , perform such remediation Any costs incurred by the Authority associated with assessment and cleanup of the release will be billed to the responsible Person , payable within 30 days 7 Hazardous waste generated in connection with the cleanup of a release of Hazardous Materials shall promptly be removed and disposed appropriately Absorbent material used in connection with the cleanup shall not be left to sit longer than necessary 8 All Persons shall fully comply with the Airport Storm Water Management Plan and National Pollutant Discharge Elimination System NPDES Permit 9 The storage of waste materials and trash at the Airport is prohibited unless placed in receptacles provided for such purposes 10 All outdoor trash or garbage containers shall be covered Such containers shall be located only in those areas approved for such use by the Airport Director 11 All Persons using commercial trash receptacles shall be responsible for the cleanliness of the trash collection site 12 All vehicles used for hauling trash , dirt , or other refuse materials on the Airport shall be constructed so as to prevent their contents from dropping , shifting , leaking or escaping 13 No Person or entity shall dispose of any fill or building materials or any other discarded or waste materials on the Airport except as approved in writing by the Airport Director 14 No Person may burn refuse at the Airport 22 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page3Johnston Regional Airport - KJNX 15 Lubricating oils and hazardous liquids shall be disposed of in compliance with the Airport Storm Water Management Plan , and federal , state , and local law 16 No fuels , oils , dopes , paints , solvents , acids , or any other hazardous liquids shall be disposed of or dumped in drains , on ramp areas , catch basins or ditches or elsewhere on the Airport 17 Any solid or liquid material , which may be spilled at the Airport , shall immediately be cleaned up by the Person responsible for such spillage 18 The Authority shall have the right at any time to access any portion of the Airport for the purpose of conducting inspections , sampling and other testing to determine the nature and extent of contamination on or under the property 23 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page4Johnston Regional Airport - KJNX SECTION 5 – VEHICLE OPERATIONS A Vehicles Generally 1 All vehicle drivers on the Airport shall comply fully with the State of North Carolina motor vehicle laws , the Rules and Regulations , and instructions issued by the Airport Director , Airport staff or law enforcement officers 2 No Person may operate a vehicle of any kind on the Airport unless in possession of a valid operator’s license for the type of vehicle operated 3 No Person shall operate a vehicle on the Airport without maintaining at least the minimum level of liability insurance in the amounts and coverages required by the laws of the State of North Carolina to operate a vehicle of that type and operating purpose on the highways 4 No Person shall operate a vehicle on the Airport in a reckless or careless manner or in a manner that would endanger his or her Person or property or the safety of anothers Person or property 5 No Person shall operate any vehicle on the Airport faster than the prescribed speed limit of twenty 20 MPH 6 No Person shall operate a vehicle on the Airport while under the influence of alcohol or any other drug that impairs , or may impair , the operator’s abilities 7 Abandoned vehicles are prohibited on the Airport and may be removed at the request of the Airport Director at the sole risk and expense of the vehicle owner 8 No vehicle shall operate on the runways , taxiways , aprons , or ramps without the express written permission of the Airport Director unless the operation of such vehicle is in accordance with a prior written agreement to accomplish a necessary Airport purpose , service or inspection 9 Any vehicle accident involving injury or property damage shall be immediately reported to the Airport Director B Vehicle Parking 1 No Person shall park or leave standing any vehicle , whether occupied or not , on the Airport except within designated parking areas or loading areas 2 The Airport Director may cause signs to be placed and maintained that designate all general and reserved loading zones , reserved parking areas and public parking areas , including , but not limited to , those designated for exclusive use of car rental agencies and companies operating at or from the Airport No parking areas shall be designated in areas on and along drives and roadways or in such other areas on Airport property as deemed necessary by the Airport Director for the safe , efficient and convenient operation of the Airport All Airport tenant employees must park 24 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page5Johnston Regional Airport - KJNX in their assigned areas Tenant parking is not allowed within the AOA except as expressly permitted by the Airport Director or these Rules and Regulations The Airport Director may remove or cause to be removed any vehicle improperly parked in the AOA 3 The Airport Director may remove or cause to be removed any vehicle that is illegally parked , disabled or abandoned ; that impedes Airport operations or the orderly flow of traffic ; or that creates a potential security threat Any vehicle parked in areas of the public parking lot assigned for exclusive use of car rental agencies or companies and clearly indicated as such by signs may be removed or caused to be removed by order of the Airport Director The Airport Director may remove or cause to be removed any vehicle parked in a space in which a safety cone has been placed or otherwise marked as not available for general use by the public 4 The owner or operator of any such vehicle removed under these Rules and Regulations shall be liable for payment of towing and storage and other applicable charges and any such vehicle shall be released to the owner or operator thereof only upon proper identification of the Person making claim and payment of towing and storage and other applicable charges Neither the Authority nor any of its agents shall be liable for damage to any vehicle resulting from the act of removal 5 The lessee of a hangar may store a single motor vehicle in the leased hangar during the time that the Aircraft based in the Hangar is in use , so long as such vehicle does not create a safety hazard Storage of vehicles in hangars other than when the hangered Aircraft is in use is prohibited 25 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page6Johnston Regional Airport - KJNX SECTION 6 – SECURITY A General 1 All Persons on the Airport shall follow security - related local , state and federal laws , regulations , and directives while on the Airport 2 All Persons on the Airport shall follow the direction of on - duty federal , state and local law enforcement officers 3 No Person shall leave baggage or articles unattended in or in the vicinity of the Terminal Unattended baggage and articles are subject to search and may be confiscated or destroyed by law enforcement or government officials or their agents B Secure Areas 1 No Person may enter the airfield without complying with the systems , measures and procedures used to control access to the airfield area 2 No Person shall tamper or interfere with , compromise , modify , attempt to circumvent , or cause a Person to tamper or interfere with , compromise , modify , or attempt to circumvent any security system , measure or procedure implemented by the Airport 3 No Person shall allow or permit any gate , gate chain , door or other security device that controls access to a restricted area that has been opened , unlocked , or unsecured to remain open , unlocked or unsecured except while in use for the purpose of ingress and egress 4 Any Person who opens any door , gate or secured portal to any restricted area shall monitor the opening and prevent access by unauthorized Persons , and re - secure the opening after passing through or when the opening is no longer required to be open 5 No Person shall allow or permit any other Person to use or have access to a security device such as a key or access code that is not issued to that other Person 6 Each Person shall enter into a restricted area only through the access point assigned that Person by the Airport 7 No Person shall be in any part of the Airport in which that Person has no legitimate reason for being in that area Any Person in an area of the Airport where they have no legitimate reason for being in that area shall be considered a trespasser 8 No Airport tenant shall fail to control access to the area leased to the tenant 26 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page7Johnston Regional Airport - KJNX SECTION 7 – ENFORCEMENT A General 1 The Airport Director has the authority to take such action as may be necessary to enforce the Rules and Regulations , and to safeguard the public using the Airport and Airport facilities All Persons on the Airport shall cooperate with the Airport Director or his her authorized representative 2 The Airport Director or his her authorized representative , either verbally or in writing , may order any Person to cease and desist any activities or conduct in violation or noncompliance with these Rules and Regulations 3 The Airport Director or his her authorized representative may order any Person who knowingly fails to comply with a verbal or written cease and desist order to be removed from or denied access to the Airport , or part of the Airport An order of removal or denial of access shall be in writing and shall be hand delivered or sent by certified mail to the last known address of the Person failing to comply The written notice shall set forth the reasons for removal or denial of access 4 A violation of these Rules and Regulations by an Airport tenant who knowingly fails to comply with a verbal or written cease and desist order shall constitute a default under the tenant’s lease 5 In addition to any other remedy , the Authority may enforce these Rules and Regulations by injunction , order of abatement , or other appropriate equitable remedy issuing from a court of competent jurisdiction 6 Law enforcement officers are authorized to enforce violations of these Rules and Regulations pursuant to NC Gen Stat 14 - 4 7 Each day’s violation , or continuing violation , of any provision of these Rules and Regulations is a separate and distinct offense B Appeal 1 Any Person aggrieved by an action undertaken by the Airport Director may seek review of the action by the Authority by filing a written request within ten 10 days of the action undertaken by the Airport Director The Authority shall decide any appeal within thirty 30 days of the written request for review The decision of the Authority is final 27 4864 - 9476 - 1175 , v 1 Adopted August 19 , 2024Page8Johnston Regional Airport - KJNX SECTION 8 – DEFINITIONS A The following definitions shall apply to these Rules and Regulations 1 Aircraft – Any device used or designed for navigation or flight in the air 2 Airport – Johnston Regional Airport 3 Airport Director – The Person hired by the Authority to administer and direct the operation of the Airport and to enforce these Rules and Regulations 4 Air Operations Area “ AOA ” – The areas of the Airport used for Aircraft landing , takeoff , or surface movements , including the runways , taxiways , aprons , areas around hangars and Aircraft parking areas 5 Authority – The Johnston County Airport Authority 6 FAA – The Federal Aviation Administration 7 Fueler – A Person that is permitted to store , handle and dispense fuel for purposes of self - fueling 8 Hazardous Materials – Any substance or material capable of posing an unreasonable risk to health , safety and or proper