For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED RELEASE.
(1) A release which is a federally permitted release under 42 U.S.C. § 9601(10);
(2) A release to waters of the United States or adjoining shorelines which is exempt from notification under 40 C.F.R. §§ 117.11 through 117.14;
(3) The introduction of any pollutant into a publicly-owned treatment works (POTW) which is not in violation of applicable pretreatment regulations controlling the introduction of pollutants into the publicly-owned treatment works; or
(4) Any release which is specifically authorized by a local, state or federal agency, to facilitate life safety objectives and/or overall control of a hazardous materials emergency.
CONSUMER PRODUCT. The meaning stated in 15 U.S.C. § 2052.
COST RECOVERY.
(1) Cost associated with hazardous materials responses include equipment that is disposed of, rather the re-used, the cost of qualifying the contaminants and securing legal disposal methods and equipment which must be replaced to ensure readiness for the next release. In addition, hazardous materials releases involve additional staffing, either at the scene of the release for control, isolation of the area, or evacuation of citizens or employees; or as long-term stand-by personnel at department stations to provide the normal coverage for other emergency situations that may arise in the community during a hazardous materials release.
(2) Affected departments could include Fire, Police, Water/Wastewater, Public Works, Natural Gas and Recreation.
(3) It is the city’s intent that shelter needs be provided by private disaster relief agencies, whenever possible, however, costs could be incurred for evacuees including food, water and personal hygiene materials.
(4) Cost recovery includes those amounts charged to the generator of a spill or release of hazardous materials, by the city or its departments, to replace equipment utilized (that is not reusable) or requires decontamination (with associated fees). Also, the city will bill total standard overtime salaries for non-“technician” employees. “Technician” level city employees (as defined in OSHA, 29 C.F.R. § 1910.120) shall be billed to the generator of a spill or release at a rate of $50 per hour/per technician at the scene of a hazardous material incident; provided, they are actively engaged in leak control, monitoring, rescue, “back-up” for leak control or monitoring teams, decontamination or are hourly employees serving at management levels or as support personnel with the incident command structure. Additional staff, “called-back”, who are standing by at their respective fire stations shall be considered as normally on-duty until the number exceeds that defined as normal staffing for that shift at the beginning of that work day. Any excess “called-back” personnel will be billed to the generator of a spill or release at a rate of $15 per hour/per person.
(5) It is not a legal requirement that the city provide these emergency technical services to its citizens and business community; however, it is within the scope of modern community protection to procure equipment, train personnel and provide and increased level of response for hazardous materials incidents, where feasible. This feasibility for the city is dependent upon total cost recovery for equipment and supplies used and overtime salaries incurred by its departments during a hazardous materials incident.
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 in providing services, that has employees.
ENVIRONMENT. The atmosphere, the navigable waters of the United States and any other surface water, drinking water supply, soil surface, subsurface strata, storm sewer or publicly or privately-owned treatment works (other than those handling only wastewater generated at a facility) within the boundaries of the city.
FACILITY. Either of the following:
(1) Any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or POTW), well, pit, pond, lagoon, impoundment, ditch, landfill, land-farm, waste, wastewater, hazardous material, sludge or pollutant, management, treatment, storage, disposal recycling or reclamation site or location, storage container, junkyard, factory, airport, manufacturing or business site, lot, motor vehicle, roiling stock or aircraft; or
(2) Any site, premises, facility, real estate or location where waste, wastewater pollutants or hazardous material has been released, discharged, deposited, treated, stored, disposed of, placed or otherwise come to be located. However, it shall not include a site solely because of the presence of a consumer product which is in consumer use or is in its original container.
HAZARDOUS MATERIALS.
(1) Any of the following:
(a) Any substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act; being 33 U.S.C. §§ 1251 et seq. also known as Pub. Law 92-500 (also known as the Clean Water Act);
(b) Any element, compound, mixture, solution or substance designated by the U.S. Environmental Protection Agency (EPA) pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, § 102 (CERCLA), being 42 U.S.C. §§ 9601 et seq.;
(c) Any hazardous waste having the characteristics identified under or listed pursuant to § 3001 of the Solid Waste Disposal Act (commonly known as the Resource Conservation and Recovery Act, “RCRA”, being 42 U.S.C. § 6921), but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress;
(d) Any toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, being 33 U.S.C. § 1317;
(e) Any hazardous air pollutant listed under § 112 of the Clean Air Act, being 42 U.S.C. § 7412;
(f) Any imminently hazardous chemical substance or mixture with respect to which the Administrator of the U.S. Environmental Protection Agency has taken action pursuant to § 7 of the Toxic Substances Control Act, being 15 U.S.C. § 2606;
(g) Any material included in the Title III List of Lists - Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-to-Know Act (EPCRA), being 42 U.S.C. §§ 11002 and 11021 through 11023 and § 112(r) of the Clean Air Act, as amended, being 42 U.S. Code § 7412 (see also https://www.epa.gov/sites/production/files/2015-03/documents/list_of_lists.pdf);
(h) Petroleum products, including crude oil or fractions thereof, which is not otherwise specifically listed or designated as a hazardous substance under divisions (A)(1) through (1)(g) above; natural gas or synthetic gas usable for fuel (or mixture of natural gas and such synthetic gas);
(i) Radioactive materials and isotopes; and
(j) Explosives.
(2) HAZARDOUS MATERIALS shall not include household wastes and other materials excluded by 40 C.F.R. § 261.4.
NORMAL APPLICATION OF PESTICIDES. Application pursuant to the label directions for application of a pesticide product registered under §§ 30 or 24 of the Federal Insecticide, Fungicide and Rodenticide Act as amended (7 U.S.C. §§ 136 et seq.) (FIFRA), or pursuant to the terms and conditions of an experimental use permit issued under § 5 of FIFRA, or pursuant to an exemption granted under § 18 of FIFRA.
NORMAL RESPONSE. Those duties consistent with the normal work routine and staffing levels for the city and its departments.
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.
PERSON. Any individual, trust, firm, company, society, corporation, joint stock company, partnership, consortium, association, cooperative, joint venture, city, county, city and county special district, the state or any department or agency or political subdivision thereof, United States Government or other commercial or legal entities.
RELEASE. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of pollutants, hazardous material, wastewater or wastes into the environment, but excludes:
(1) Any release which results in exposure to employees solely within a workplace, and is recovered by workplace employees under the auspices of an approved workplace spill prevention control and countermeasures plan (or equivalent);
(2) Emission from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or pipeline pumping station engine; and
(3) The normal application of fertilizer and pesticides.
STORE. To deposit or place a substance in the city for a period of ten 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.
(Prior Code, § 121.03) (Ord. 13-2000, passed 8-21-2000)