For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
CLEAN-UP OPERATION. An operation in which hazardous substances are removed, contained incinerated, neutralized, stabilized, cleared up, or in any other manner processed or handled, with the ultimate goal of making the site safer for people or the environment.
DISCHARGE. Shall mean, but shall not be limited to, any emission, spillage, leakage, pumping, pouring, emptying, or dumping of oil or other hazardous substances into waters of the county or into waters outside the territorial limits of the county which affect lands, waters or uses related thereto within the territorial limits of the county, or upon land in such proximity to waters that oil or other hazardous substances is reasonably likely to reach the waters, but shall not include amounts less than quantities which may be harmful to the public health or welfare as determined pursuant to G.S. § 143-215.77A; provided, however, that this chapter shall not be construed to prohibit the oiling of driveways, roads or streets for reduction of dust or routine maintenance; provided further, that the use of oil or other hazardous substances, oil-based products, or chemicals on the land or waters by any state, county, or municipal government agency in any program of mosquito or other pest control, or their use by any person in accepted agricultural, horticultural, or forestry practices, or in connection with aquatic weed control or structural pest and rodent control, in a manner approved by the state, county, or local agency charged with authority over such uses, shall not constitute a discharge; provided, further, that the use of a pesticide regulated by the North Carolina Pesticide Board in a manner consistent with the labeling required by the North Carolina Pesticide Law shall not constitute a DISCHARGE for purposes of this definition. The word DISCHARGE shall also include any discharge upon land, whether or not in proximity to waters, which is intentional, knowing or willful.
HAVING CONTROL OVER. Any person using, transferring, storing or transporting a hazardous material or oil immediately prior to release of a hazardous material onto the land or into the air.
HAZARDOUS MATERIAL. Any substance which constitutes a hazard, when discharged in any of the waters, and shall specifically include carriers and bailees of oil or other hazardous material.
HAZARDOUS MATERIAL EMERGENCY. Any uncontrolled release or discharge of a hazardous substance that endangers the health or safety of persons or the environment and requires outside assistance by a local fire department or hazmat team to control and contain.
HAZARDOUS MATERIAL RESPONSE. The sending of Emergency Services or Fire Department personnel and equipment to abate hazardous materials incidents which endanger the health or safety of persons or environment.
OIL. Any kind of oil in any form, including but specifically not limited to petroleum, crude oil, diesel oil, fuel oil, gasoline, lubrication oil, oil refuse, oil products or by-products, and all other liquid hydro- carbons regardless of specific gravity, whether singly or in combination with other substances.
PERSON. Any individual, firm, partnership, association, institution, corporation, local government or governmental agency.
REGIONAL RESPONSE TEAM. A hazmat team under contract with the state to provide response to hazardous materials emergencies within a specified region.
(Ord. passed 8-21-00)