(a) Definitions.
(1) “Permanent disposal” or “permanently dispose” means the discharge, deposit, injection, dumping, spilling, leaking or placement of any hazardous waste into, on, above or below any land or water which waste is to remain or which has remained at a disposal site within the City for a continuous period of five years and which is not intended to be removed from such site.
(2) “Hazardous waste” means a waste or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics, may cause, or significantly contribute to an increase in mortality, or an increase in serious irreversible, or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when stored. Provided, however, that hazardous wastes shall include only those whose disposal would require a State or Federal hazardous waste permit.
(3) “Person” means any individual, trust, firm, joint stock company, public or private or governmental corporation, partnership, association, State or Federal agency.
(4) “Storage” means the otherwise local containment of hazardous wastes which wastes are not intended to be permanently disposed of at any site within the City.
(5) “Waste” means any garbage, refuse, sludge and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial mining and agricultural operations, but does not include solid or dissolved material in domestic sewage.
(Ord. 597. Passed 6-7-83.)
(b) Prohibition. It shall be unlawful for any person to permanently dispose or attempt to permanently dispose of hazardous waste within the corporate limits of the City of Fairmont. Provided, however, that the temporary storage of hazardous waste generated or used on premises by duly licensed and taxpaying enterprises shall not be prohibited.
(Ord. 1282. Passed 9-14-04.)
(c) Nuisance. In the event any person shall dispose or establish a site for the permanent disposal of hazardous waste in violation of the provisions of this section, the City Attorney is authorized, upon instructions from the City Manager, in addition to other penalties set forth herein, to institute any appropriate civil action or proceedings to prevent such disposal of hazardous waste, the same being deemed a public nuisance.
(Ord. 597. Passed 6-7-83.)