For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(a) APPLICANT: A person who has submitted a request to participate in the local brownfield cleanup program but is not yet an enrollee.
(b) CERTIFICATE OF COMPLETION: A written certificate that is issued to an enrollee who has successfully investigated and remediated a local brownfield site to the satisfaction of the Commissioner and in accord with pertinent State and Federal rules, regulations and guidelines.
(c) CHANGE OF USE: The transfer of title to all or part of a local brownfield site, change in management of a local brownfield site, the erection of any structure on the site, the creation of a park or other public or private recreational facility on the site, or any activity that is likely to disrupt or expose contamination or to increase direct human exposure to contamination; or any other conduct that will or may tend to significantly interfere with an ongoing or completed remedial program at such site and the continued ability to implement the engineering and institutional controls associated with such site.
(d) COMMISSIONER: The Commissioner of Economic Development.
(e) CONTAMINANT: Any hazardous waste and/or petroleum.
(f) CONTAMINATION or CONTAMINATED: The presence of a contaminant in any environmental media, including soil, surface water, ground water, air, or indoor air.
(g) DECLARATION OF COVENANTS AND RESTRICTIONS: Controls on the use of a site that are listed on the deed and that seek to prevent potential exposure to any residential contamination remaining at the site.
(h) ENROLLEE: An applicant who has been accepted into the local brownfield cleanup program and has signed a local brownfield cleanup agreement.
(i) HAZARDOUS WASTE: A hazardous waste as defined in Ohio R.C. 3734.01(J).
(j) HISTORIC FILL MATERIAL: Non-indigenous material, deposited or disposed of to raise the topographic elevation of real property, which material may have been contaminated prior to emplacement, and is in no way connected with the subsequent operations at the location of the emplacement and which includes, without limitation, construction debris, dredge spoils, incinerator residue, demolition debris, coal ash, fly ash, and non-hazardous waste. Historic fill material does not include any material which is chemical production waste or waste from processing of metal or mineral ores, residues, slag or tailings.
(k) LIGHT TO MODERATE LEVELS OF CONTAMINATION: Detectable levels of contamination, the presence of which does not require an applicant or enrollee to conduct any mandatory, governmental-supervised investigation or remediation of the contamination under any State or Federal law.
(l) LOCAL BROWNFIELD SITE or SITE: Any real property within the City, the redevelopment or reuse of which may be complicated by the presence or potential presence of a light to moderate levels of contamination, or any real property that meets the definition of a Federal or State definition of a brownfield site, including, but not limited to, real property containing historic fill material and real property rejected from State programs on grounds that the environmental contamination is not sufficient to warrant State involvement.
LOCAL BROWNFIELD SITE or SITE shall not include real property: (1) containing discharges of petroleum, except as authorized by the Ohio EPA and upon agreement with the City and State law; (2) at the time of application to this program is listed and/or named in pertinent State and Federal registries as an inactive hazardous waste disposal site and classified as either (i) causing or presenting an imminent danger of causing irreversible or irreparable damage to the public health or environment, or (ii) is a significant threat to the public health or environment; (3) listed on the national priorities list pursuant to 42 U.S.C. Section 9605; or (4) subject to any other on-going City, State or Federal environmental enforcement action related to the contamination which is at or emanating from the real property.
(m) PARTICIPANT: An enrollee who either: (1) was the owner of the local brownfield site at the time of disposal or discharge of contaminants, or (2) is otherwise a person responsible according to applicable principles of statutory or common law liability, unless such person's liability arises solely as a result of such person's ownership or operation of or involvement with the site subsequent to the disposal or discharge of contaminants.
(n) PETROLEUM: Oil or petroleum of any kind and in any form including, but not limited to, oil, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with other wastes and crude oils, gasoline and kerosene.
(o) REMEDIAL ACTION WORK PLAN: A written document providing for the development and implementation of a remedial program for contamination within the boundaries of the local brownfield site; provided, however, that a participant shall also be required to provide in the remedial action work plan for the development and implementation of a remedial program for contamination that has emanated from the local brownfield site.
(p) REMEDIAL INVESTIGATION REPORT: A report that fully characterizes the nature and extent of contamination at and/or emanating from a brownfield site.
(q) SITE MANAGEMENT: The management of physical barriers and methods and non-physical means to limit human and environmental exposure to contamination at and/or emanating from a site, as well as the implementation of any necessary monitoring, reporting, certification and/or operation and maintenance of a remedy, after the issuance of a certificate of completion.
(r) SITE MANAGEMENT PLAN: A written document providing for site management.
(s) VOLUNTEER: An enrollee other than a participant, including without limitation a person whose liability arises solely as a result of such person's ownership or operation of or involvement with the local brownfield site subsequent to the disposal or discharge of contaminants, provided, however, that such person exercises appropriate care with respect to contamination found at the site by taking reasonable steps to: (1) stop any continuing release; (2) prevent any threatened future release; and (3) prevent or limit human, environmental, or natural resource exposure to any previously released contamination.
(Ord. 9912-2014. Passed 5-7-14.)