For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATE. To reduce the presence of uncontrolled hazardous materials in the environment to a level that adequately reduces the risk of human health and the environment consistent with the future proposed use of the property.
ABATEMENT COSTS. All necessary and reasonable costs required to abate any discharge of hazardous substances.
COVERED PERSON.
(1) Those persons described in the Comprehensive Environmental Response, Compensation and Liability Act, Section 107(a), 42 U.S.C. Sec. 9607(a); and
(2) All tenants or other persons in control of any real property within the city where hazardous substances exist.
DISCHARGE. Any intentional or accidental action or omission which in the releasing, spilling, pumping, pouring, emitting, emptying, or dumping of any hazardous substance upon public or private property located within the limits of the city.
ENFORCEMENT OFFICER. The City Engineer for the city and any agent or employee of the Office of the City Engineer who is authorized to carry out the enforcement duties of this chapter.
ENVIRONMENTAL PUBLIC NUISANCE.
(1) Any property where hazardous substances are present, unless the presence of hazardous substances is specifically authorized under state or federal laws or regulations governing hazardous substances; or
(2) Property which has otherwise been allowed to become a health or safety hazard.
HAZARDOUS SUBSTANCE. As defined in the Comprehensive Environmental Response, Compensation and Liability Act, Section 101(14), 42 U.S.C. Sec. 9601(14) and HAZARDOUS WASTE as defined in the Solid Waste Disposal Act, Section 3001 (42 U.S.C. Sec. 6921) and HAZARDOUS MATERIAL as defined in I.C. 13-11-2-96 and HAZARDOUS WASTE as defined in I.C. 13-11-2-99.
NOTICE OF VIOLATION. Pursuant to § 99.07 of this chapter.
PERSONS. One or more individuals, partnerships, corporations, trusts, joint ventures, association or any other entities or any combination thereof.
(Ord. CO-05-11, passed 10-24-05)