As used in this chapter:
“Common carrier by motor vehicle” has the same meaning as in Ohio R.C. 4919.75(E) or 4912.02(A), as appropriate.
“Contract carrier by motor vehicle” has the same meaning as in Ohio R.C. 4919.75(F) or 4923.02(A), as appropriate.
“Costs” includes, but is not limited to, all direct and incidental costs, including personnel costs, incurred by or on behalf of the city in connection with the investigation, mitigation, minimization, removal or abatement of an unauthorized spill, release or discharge, which costs are incurred while:
(1) Operating any vehicle, apparatus or equipment used in connection with any such incident;
(2) Sanitizing, cleaning and/or repairing any vehicle, apparatus, equipment or apparel used in connection with any such incident;
(3) Testing any spilled, released or discharged material, or any vehicle, apparatus, equipment or apparel used in connection with any such incident;
(4) Storing any spilled, released or discharged material;
(5) Disposing of any spilled, released or discharged material, or any vehicle, apparatus, equipment, apparel or goods rendered unusable as a result of any such incident;
(6) Replacing any vehicle, apparatus, equipment, apparel or goods lost or rendered unusable as a result of any such incident; and any costs incurred by a private party or governmental body or subdivision thereof, whose assistance is requested by the city in the event of an unauthorized spill, release or discharge, and who submits a written invoice to the city setting forth the costs incurred in responding to the incident.
“Material” has the same meaning as in Ohio R.C. 3745.13, and any regulations promulgated or matters decided thereunder, as appropriate.
“Motor vehicle” means any automobile, truck, tractor, trailer, semitrailer, motorbus or other self- propelled vehicle not operated or driven on fixed tracks.
“Private motor carrier” has the same meaning as in Ohio R.C. 4923.02.
“Railroad” has the same meaning as in Ohio R.C. 4907.02.
“Unauthorized spill, release or discharge” has the same meaning as in Ohio R.C. Chapter 3745, and any regulations promulgated or matters decided thereunder, and includes but is not limited to any spilling, leaking, pumping, pouring, emitting, emptying, discharging, releasing, injecting, escaping, leaching, dumping or disposing of any material into or upon the environment, which may endanger the public health or safety or the environment. “Unauthorized spill, release or discharge” does not include any spill, release or discharge that is in compliance with Ohio R.C. Chap. 1509, 3704, 3734 or 6111, and rules adopted thereunder, or the terms and conditions of a current and valid permit or license.
(Ord. 101-90, passed 7-23-1990)