(a) As used in this section:
(1) "Hazardous substance" means a substance, combination of substances or mixture defined as "hazardous waste" in 40 C.F.R., Part 261, Subpart A, Section 261.3, which is not specifically excluded under Section 261.4(b) under such title. "Hazardous substance" includes radioactive materials and waste, mixtures containing chlorinated biphenyl molecules (PCB s) and any substance now or in the future judged hazardous by either the State or Federal Environmental Protection Agency or their successors or assigns. Articles or containers which have been exposed to hazardous substances may be considered hazardous substances if any residue of toxicity or hazardous substance remains.
(2) "Person" means a natural or legally created entity, including an individual, corporation, partnership or association.
(3) "Radioactive material" means a material or combination of materials which spontaneously emits ionizing radiation. Materials in which the estimated specific activity is not greater than 0.002 microcuries per gram of material, and in which the radioactivity is essentially uniformly distributed, are not considered to be radioactive materials.
(b) No person shall knowingly discard, knowingly cause any other person, by contract or otherwise, to discard, or negligently discard, dispose, discharge, deposit, inject, dump, spill, leak, spray, place or otherwise cast into or upon any land, whether improved or unimproved, upon a public or private street, roadway or highway, into a drain, gutter, sewer, culvert, lake, pond, watercourse, ditch, pit or excavation, or into or atop of any aquifer, a hazardous substance within the City.
(c) After the effective date of this section (Ordinance 81-18, passed June 9, 1981), no person shall store for disposal, or cause by contract or otherwise, another person to store for disposal, any hazardous substance or PCB's, regardless of form, within the City. As used in this section, "PCB's" means a mixture containing chlorinated biphenyl molecules in a concentration of fifty parts per million (on a dry weight basis) or greater.
(d) No person shall use any PCB's except in the manufacturing or processing of other substances, mixtures or articles and until and unless such use of PCB's is registered with the Division of Code Enforcement and such person receives all necessary approvals relating to the storage and handling of such substances.
(e) No person shall ship or transport into, within, through or out of the City any radioactive material contrary to the applicable Federal regulations of the United States Department of Transportation and the United States Nuclear Regulatory Commission in effect at the date of shipment or transport.
(f) Exemptions to this section shall be deemed to include:
(1) The storage or use of hazardous substances or PCB's in sealed, actively used equipment or in sealed equipment or containers containing devices which may be actively used when not temporarily stored, provided such equipment and devices originated in City business uses or will be used for such local business;
(2) Incidental temporary storage, not exceeding sixty days from the date of removal from service, of hazardous substances, provided that this exemption is not construed to allow the temporary storage of materials brought from off-premises onto a particular site and provided that any temporary storage of hazardous substances is in suitable containers indelibly marked with the date of removal from service;
(3) The use of hazardous substances, other than PCB's, where all applicable local, County, State and Federal laws and regulations are met;
(4) Samples used in conducting analytical tests; and
(5) Situations where the City Manager or his or her designee has granted a written exemption, not precluded by State or Federal law, upon finding:
A. An unreasonable risk of injury to health or environment would not result.
B. The best interest of the City would be served by granting the exemptions.
(g) Inspections for compliance with this chapter shall be the responsibility of any law enforcement officer, the building or zoning inspection official representing the City or any person called upon by such an officer or official to aid the inspection process.
(h) Whenever necessary for the purpose of enforcing this chapter, any official mentioned in division (g) hereof may enter at all reasonable times such structure or premises as he or she has reasonable cause to believe may be in violation of any of the provisions of this chapter to inspect the same, provided that if such structure or premises is occupied, he or she shall first present proper credentials and request entry. If such entry is refused, the official seeking entry shall have recourse to every remedy provided by law to secure entry.
(Ord. 81-18. Passed 6-9-81.)