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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COSTS. All expenses incurred by the village for any removal or remedial action taken pursuant to this subchapter.
DISASTER. The threatened or actual occurrence within the village of widespread or severe damage, injury or loss of life or property from any natural or technological cause, including, but not limited to, fire, flood, earthquake, tornado, wind, storm, hazardous materials spill or other water contamination requiring emergency action to avert danger or damage, epidemic, blight, air contamination, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, riot, explosion or hostile military or paramilitary action.
FACILITY. Any building, structure, installation, equipment, pipes or pipeline including but not limited to any pipe into a sewer or publicly-owned treatment works, well, pond, lagoon, impoundment, ditch, landfill, storage container, tank, motor vehicle, truck trailer, rolling stock or aircraft. Also, any site or area where a hazardous material has been deposited, stored, disposed, abandoned, placed or otherwise located.
HAZARDOUS SUBSTANCES. Any material, substance or mixture of materials or substances which any toxic, flammable, corrosive, explosive, carcinogenic or radioactive, including, but not limited to, any substance or material which is designated a hazardous material pursuant to “Hazardous Materials Transportation Act”, 49 U.S.C. §§ 1801 et seq., 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 or otherwise managed.
PERSON. Any individual, business, firm, partnership, association, corporation, trust, estate, joint venture or other legal entity, their legal representative(s), agent(s), successor(s) and assign(s).
RELEASE. Any spilling, leaking, pumping, emitting, escaping, emptying, discharging, injecting, leaching, dumping or disposing of a hazardous substance into or on any land, air, water, well, stream, sewer or pipe so that the hazardous substance or any constituent thereof may enter the environment.
REMEDIAL ACTION. Any action consistent with the permanent remedy taken, instead of or in addition to, removal actions in the event of a release or threatened release of a hazardous substance into the environment, to prevent or minimize the release of hazardous substances 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 such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of release hazardous substances or contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, repair or replacement of leaking containers, collection of leachate and runoff, onsite treatment or incineration, provision of alternate water supplies, and any monitoring reasonably required to assure that such actions protect the 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 threat of release of hazardous substances, the disposal of removed material, or the taking of such action as may be necessary to prevent, minimize or mitigate damage to the 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 of threatened individuals.
RESPONSE. Any removal or remedial action.
VILLAGE. The Village of Elwood, Will County, Illinois.
(Ord. 638, passed 1-2-2001)