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§ 95.01 PURPOSE.
   This chapter is adopted by the Fiscal Court for the purpose of protecting public health and safety in the county through prevention and control of hazardous materials incidents and releases, requiring the timely reporting of releases of hazardous materials to appropriate local public safety and emergency agencies and requiring payment by parties responsible for hazardous materials of all expenses incurred by public safety and emergency agencies in responding to such hazardous materials releases.
(Ord. 340.8, passed 8-29-95)
§ 95.02 APPLICABILITY.
   Pursuant to authority of KRS 67.083(7), the provisions of this chapter shall apply to all persons who manufacture, use, store, or transport hazardous materials prescribed by this chapter and as defined herein within the entire area of the county, including all incorporated and unincorporated areas thereof.
(Ord. 340.8, passed 8-29-95)
§ 95.03 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AUTHORIZED RELEASE. A release of hazardous materials in accordance with an appropriate permit granted by a state or federal agency having primary jurisdiction over such release.
   CONSUMER PRODUCT. This term shall have the same meaning as stated in 15 USC 2052.
   COSTS. All expenses incurred by local government and/or local emergency response organizations regardless of whether or not the agencies are publicly or privately owned in responding to any hazardous materials spill, leak or other release into the environment and for any remedial or removal actions taken to protect and safeguard the public health and safety, property or the environment. This term includes, but is not limited to, costs incurred for personnel, equipment and the use thereof, materials, supplies, services, lost wages of volunteer personnel, damage or loss of equipment, both organization and personal, and related expenses resulting directly from response to a release or threatened release of a hazardous material.
   EMPLOYEE. Any person who works, with or without compensation, in a workplace.
   EMPLOYER. Any person, firm, corporation, partnership, association, government agency, or other entity engaged in a business or providing services which has employees.
   ENVIRONMENT. The navigable waters of the United States and any other surface water, ground water, drinking water supply, soil surface, subsurface strata, storm sewer or publicly owned sanitary sewer or treatment works (other than those handling only wastewater generated at a facility) within the county. The terms shall include air only for purposes of reporting releases pursuant to the further provisions of this chapter.
   FACILITY. Any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, tank, motor vehicle, truck trailer, rolling stock, or aircraft; or any site or area where a hazardous material has been deposited, stored, disposed of, abandoned, placed or otherwise come to be located. Consumer products in consumer use and vessels are not included.
   HAZARDOUS MATERIALS. Any element, compound, substance or material or any combination thereof which are toxic, flammable, explosive, corrosive, radioactive, oxidizers, etiological agents, carcinogenic, or are highly reactive when mixed with other substances, including, but not limited to, any substance or material which is designated a hazardous material pursuant to the “Hazardous Materials Transportation Act” (49 USCA 1801, et seq.) or is listed by Appendix A, 40 CFR 302, “List of Hazardous Materials and Reportable Quantities,” as amended, published by the U.S. Environmental Protection Agency (EPA), a copy of which said list is attached as Appendix A hereto and herein incorporated by reference the same as if set out at length herein in words and figures, in a quantity and form which may pose a substantial present or potential hazard to human health, property or the environment when improperly released, treated, stored, transported, disposed of, or otherwise managed.
   NORMAL APPLICATION OF PESTICIDES. Application pursuant to the label directions for application of a pesticide product registered under § 30 or § 24 of the Federal Insecticides, Fungicide, and Rodenticide Act (FIRA) as amended (7 USC 135 et seq.), or pursuant to the terms and conditions of an experimental use permit issued under § 5 of FIRA, or pursuant to an exemption granted under § 18 of FIRA.
   OIL. Oil of any kind or in any form, including but not limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.
   RELEASE. Any spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping, or disposing of a hazardous material into or on any land, air, water, well, stream, sewer or pipe so that such hazardous materials or any constituent thereof may enter the environment. The term shall not apply to with respect to a claim which persons may assert against the employer of persons as provided by CERCLA regulations; emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or a pipeline station pumping engine; and the normal application of fertilizers and pesticides.
   PERSON. Any individual, business, firm, partnership, corporation, consortium, association, trust, joint stock company, cooperative, joint venture, city, county, city or county special district, the state or any department, agency or political subdivision thereof, the United States Government, or any other commercial or legal entity.
   REMEDIAL ACTION. Any action consistent with permanent remedy taken instead of or in addition to any removal actions in the event of a release or threatened release of a hazardous material into the environment, to prevent or minimize the release of hazardous materials so that they do not migrate to cause a substantial present or potential hazard to human health, property or the environment. The term includes, but is not limited to, actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay (or other earth) cover, neutralization, cleanup of released hazardous materials or contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, repair or replacement of leaking containers, collection of leachate and runoff, on site treatment or incineration provision of alternative water supplies, and any monitoring reasonably required to assure that actions protect public health and welfare and the environment.
   REMOVAL. The cleanup or removal of released hazardous materials from the environment, such actions as may be necessary or appropriate to monitor, assess, and evaluate the release or threatened release of hazardous materials, the disposal of removed material, or the taking of such actions as may be necessary to prevent, minimize, or mitigate damage to public health or welfare or the environment. The term includes, but is not limited to, security fencing, provision of alternative water supplies, and temporary evacuation, reception and care of threatened persons, diking of fuel storage tanks.
   REPORTABLE QUANTITY. That quantity as set forth in § 95.04 of this chapter, or such quantity as deemed appropriate by the Kentucky Emergency Response Commission or the Northern Kentucky Emergency Planning Committee.
   RESPONSE. Any remedial or removal actions, including, but not limited to, response by local public safety and emergency agencies and subsequent actions taken to insure the preservation and protection of the public health, safety, welfare and the environment.
   STORE. To deposit or place a substance in the county for a period of 10 days or more provided such substance is not otherwise in transit.
   USE. To store, maintain, treat, process, handle, generate, dispose of, or otherwise manage. USE shall not include any mode of transportation other than on-site transportation.
   VESSEL. Every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
(Ord. 340.8, passed 8-29-95)
§ 95.04 DETERMINATION OF REPORTABLE QUANTITIES.
   (A)   Listed hazardous materials. The quantity appearing in column “RQ” for each hazardous material listed by Appendix A, “List of Hazardous Materials and Reportable Quantities,” 40 CFR 302, as amended, published by the U.S. Environmental Protection Agency (EPA) shall be the reportable quantity for that material, or as required by the State Emergency Response Commission or the Northern Kentucky Emergency Planning Committee.
   (B)   Unlisted hazardous materials. Unlisted hazardous wastes designated as hazardous materials have the reportable quantity of 10 pounds, except for those unlisted hazardous wastes exhibiting the characteristics of EP toxicity identified in 40 CFR 261.24. Unlisted hazardous wastes which exhibit EP toxicity have the reportable quantities listed in Appendix A to 40 CFR 302, as amended, for the contaminant on which the characteristics of EP toxicity is based. If an unlisted hazardous waste exhibits EP toxicity on the basis of more than one contaminant, the reportable quantity for that waste shall be the lowest of the reportable quantities listed by Appendix A to 40 CFR 302, as amended, for those contaminants. If an unlisted hazardous waste exhibits the characteristics of EP toxicity and one or more of the other characteristics, the reportable quantity shall be the lowest of the applicable reportable quantities.
   (C)   Oil.
      (1)   The reportable quantity for releases of oil to waters of the United States or adjoining shorelines is any quantity which violates applicable water quantity standards or causes a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.
      (2)   The reportable quantity for releases of oil to the environment other than releases to waters of the United States and adjoining shorelines is 10 gallons.
      (3)   Notwithstanding any other provision of this section, a release of oil from a properly functioning vessel engine shall not be deemed to be in a reportable quantity; however, this provision shall not be applicable to oil accumulated in a vessel's bilges.
   (D)   Higher reportable quantity. Notwithstanding any other provision of this section, the administering agency, after review of the “Boone County Hazardous Materials Use and Spill Prevention Control Plan” (HMPC) required to be submitted pursuant to the further provisions of this chapter, may designate a reportable quantity for a hazardous material in excess of the quantity determined under this section if the administering agency determines that the higher reportable quantity is consistent with the purposes and objectives of this chapter.
   (E)   Releases to sanitary sewer system. Notwithstanding any other provision of this section, any release of a hazardous material to a sanitary sewer system which is prohibited under applicable pretreatment or other regulations of any sanitation district operating within the county governing discharges to the sanitary sewer system shall be deemed to be discharged in reportable quantities.
   (F)   Component hazardous materials release. A release of a mixture or solution of which a hazardous material is a component shall be considered to be a release in a reportable quantity only where the component hazardous material of the mixture or solution is released in a quantity equal to or greater than its reportable quantity.
(Ord. 340.8, passed 8-29-95)
§ 95.05 PERMIT REQUIRED FOR RELEASE.
   No person shall cause, threaten or allow the release of a hazardous material into the environment within the territorial boundaries of the county unless the release is an authorized release in accordance with an appropriate permit granted by that agency of state or federal government which has primary jurisdiction over the release and the release is in such place and manner as will not create a substantial present or potential hazard to human health, property or the environment.
(Ord. 340.8, passed 8-29-95) Penalty, see § 95.99
§ 95.06 NOTICE TO PUBLIC SAFETY COMMUNICATIONS CENTER.
   (A)   Notice upon discovery. When a release or a threatened release, other than an authorized release, of a hazardous material in a quantity equal to or exceeding the reportable quantity hereinbefore established for such material occurs or is imminent on any facilities of any kind within the county, the person in charge of the facilities, upon discovery of the release or threatened release, or evidence that a release has occurred even though it has apparently been controlled, shall immediately cause notice of the existence of the release or threatened release, the circumstances of same, and the location thereof to the Public Safety Communications Center.
   (B)   Emergency telephone number. The notice required to be given by this section in the county may be given by telephoning “371-1234” (or by telephoning 911). This one call will meet the requirements for notification of local agencies and, to the extent permitted by existing or future agreement, will provide notice to appropriate agencies of the Commonwealth of Kentucky, including, but not limited to, the Cabinet for Natural Resources and Environmental Protection, the Office of the State Fire Marshal in the Department of Housing, Buildings and Construction in the Cabinet for Public Protection and Regulation, and the Division of Disaster and Emergency Services in the Department of Military Affairs, when directed by the Emergency Management Office of the county.
   (C)   Duty to control releases. The notice required to be given by this section shall not be construed as forbidding or otherwise exempting any person on or about the facilities from exercising all diligence necessary to control the release prior to or subsequent to the notice to the Public Safety Communications Center, especially if the efforts may result in the containment of the release and/or the abatement of extreme hazard to the employees or the general public. Delays in reporting due to any in-house requirement for notification to off site owners/supervisors shall not be acceptable as reason for delay in notification required by this section, and any such delay may result in penalties.
   (D)   Duty to report to other agencies. No statement contained in this section shall be construed to exempt or release any person from any other notification or reporting procedures in accordance with applicable state or federal laws or regulations.
(Ord. 340.8, passed 8-29-95) Penalty, see § 95.99
§ 95.07 ADMINISTERING AGENCY.
   The purpose of this chapter is to establish a uniform county-wide program for protection of the environment from uncontrolled releases of hazardous materials to be administered by existing agencies of local government. The Department of Emergency Management shall be the lead agency in administering this chapter.
(Ord. 340.8, passed 8-29-95)
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