Skip to code content (skip section selection)
Authorized release means a release of hazardous materials in accordance with an appropriate permit granted by a local, state or federal agency having primary jurisdiction over such release.
Consumer product shall have the meaning recited in 15 U.S.C. 2052.
Costs shall mean and include all expenses incurred by local government and/or local and/or regional emergency response organizations, regardless of whether such 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. The term includes, but is not limited to, costs incurred for personnel, equipment, and the use thereof; materials, supplies, services and damage to or loss of equipment, whether publicly or privately owned; and related expenses resulting directly from response to a release or threatened release of a hazardous material.
Employee means any person who works, with or without compensation, in a workplace.
Employer means any person, firm, corporation, partnership, association, government agency, or other entity engaged in a business or providing services and which has employees.
Environment means 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 Danville, Kentucky. The term shall include air only for purposes of reporting releases pursuant to additional provisions of this article.
Facility means any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owed treatment 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 means any element, compound, substance or material, or any combination thereof, which is toxic, flammable, explosive, corrosive or radioactive, or is are highly reactive when mixed with other substances, including but not limited to, any substance ormaterial designated a hazardous material pursuant to the "Hazardous Materials Transportation Act" (49 U.S.C.A.. 1801 et seq.), or is listed in Appendix A, 40 C.F.R. pt. 302, "List of Hazardous Materials and Reportable Quantities," as amended, published by the U.S. Environmental Protection Agency (EPA), and incorporated herein by reference the same as if fully set out herein, 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; and such element, compound, substance or material may encompass oxidizers or etiological or carcinogenic agents.
Normal application of pesticides means application pursuant to the label directions for application of a pesticide produced and registered under section 30 or 24 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended (7 U.S.C. §§ 135 et seq.), or pursuant to the terms and conditions of an experimental use permit issued under section 5 of FIFRA, or pursuant to an exemption granted under section 18 of FIFRA.
Oil means 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 means any spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping or disposing of a hazardous material into or upon 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:
(1) A claim which may be asserted against the employer of such claimants, as provided by CERCLA regulations for any release resulting in exposure to the claimants solely within a workplace;
(2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or a pipeline station pumping engine; or
(3) The normal application of fertilizers and pesticides.
Person means 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 means any action consistent with a 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 those materials 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, such actions at the location of the release as storage; confinement; perimeter protection using dikes, trenches or ditches, or 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 ensure that such actions protect public health and welfare, and the environment.
Removal means 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.
Reportable quantity means that quantity as defined under the following classifications:
(1) Listed hazardous materials. The quantity appearing in column "RQ" for each hazardous material listed in:
a. "List of Hazardous Materials and Reportable Quantities," 40 C.F.R. pt. 302, as amended; or
b. "Extremely Hazardous Substances," designated in 40 C.F.R. pt. 355, under SARA Title III.
(2) Petroleum or petroleum products. Twenty-five (25) gallons or more of a petroleum product within a twenty-four (24) hour period, and seventy-five (75) gallons or more of diesel fuel in a twenty-four (24) hour period, or any amount that creates a visible sheen on surface waters.
(3) Releases to sanitary sewer system. Notwithstanding any other provision of this section, any release of a hazardous material to a sanitary sewer system, which release is prohibited under applicable pretreatment or other regulations of the Danville Sewer Use Ordinance or other sewer system operating in Boyle County, Kentucky, shall be deemed to be released in reportable quantities.
Response means any remedial or removal action, including but not limited to, response by local public safety and emergency agencies, or regional hazardous materials teams, and subsequent actions taken to ensure the preservation and protection of the public health, safety and welfare, and the environment. Vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
Work plan means a written plan that is approved and signed by the responsible party and used to clean up and dispose of the released product. Work plan shall include the manner in which the product will be removed; where the waste will be taken; how it will be transported, including routes to the disposal site; approval by appropriate state authorities for the disposal; and a timetable for such action to be completed. If the released product is on property, or meanders onto property, other than that of the product owner or overseer of the product, the plan shall also include those actions necessary and a timetable for the return of the property to its original state. The work plan shall be submitted to the local Emergency Management Agency Director within fifteen (15) days immediately after the emergency portion of the event has concluded, as established by the Fire Chief of the fire department with jurisdiction.
(Ord. No. 1664, 8-23-04)