For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
   EXTREMELY HAZARDOUS SUBSTANCE. Any substance so designated by the United States Environmental Protection Agency by regulation adopted under the federal act.
   FEDERAL ACT. Title III of the “Superfund amendments and Re-authorization Act of 1986,” 100 STAT. 1728, 42 U.S.C. 11001, as amended.
    FACILITY. All buildings, equipment, structures, and other stationery items that are located on a single site on contiguous or adjacent sites and that are owned, operated or used by the same person or by any person who controls, is controlled by, or is under common control with that person. For purposes of the notification required by § 95.33, the term includes motor vehicles, rolling stock and aircraft.
   FIRE DEPARTMENT. The Fire Department of the city of Fort Wayne.
   HAZARDOUS CHEMICAL. The meaning given to that term in 29 C.F.R. 1910.1200(c), but does not include any of the following:
      (1)   Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration of the United States Department of Health and Human Services;
      (2)   Any substance present as a solid in any manufactured item to the extent that exposure to the substance does not occur under normal conditions of use;
      (3)   Any substance to the extent it is used for personal, family, or household purposes or is present in the same form and concentration as a product packaged for distribution to and used by the general public, including, without limitation, household and consumer products that are stored prior to or displayed for distribution to the consumer when in the same form and concentration as such products when not intended for use by the general public in the same form and concentration;
      (4)   Any substance to the extent it is used in a research laboratory or hospital or other medical facility under the direct supervision of a technically qualified individual;
      (5)   Any substances to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer
   HAZARDOUS MATERIAL. The meaning given to that term in 49 C.F.R. 171.8.
   HAZARDOUS SUBSTANCE. Any substance so designated under the “Comprehensive Environmental Response, Compensation, and Liability Act of 1980” 94 STAT 2767, 42 U.S.C. 9601, as amended and regulations promulgated thereunder.
   LOCAL EMERGENCY PLANNING COMMITTEE, COMMITTEE. The Allen County Local Emergency Planning Committee.
   PERSON. Any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or interstate body.
   U.S. EPA. The United States Environmental Protection Agency.
('74 Code, § 12-31) (Ord. G-02-90, passed 3-13-90)