For the purpose of this article, the following definitions shall apply unless the context indicates or clearly requires a different meaning.
“ADMINISTERING AGENCY.” The individual or department responsible for enforcement of this article.
“AUTHORIZED RELEASE.” A release of hazardous materials in accordance with an appropriate permit granted by state or federal agencies having primary jurisdiction over such releases.
“CONSUMER PRODUCT.” The meaniyng as stated in 15 U.S.C. 2052.
“COSTS.” Includes all expenses incurred by local government and/or local emergency response organizations regardless of whether or not such agencies are publicly or privately owned in responding to any hazardous materials spill, leak, or other release into the environment and for an remedial or removal actions taken to protect and safeguard the public health and safety, property, or the environment. The term includes, but is not limited to, costs incurred for personnel, equipment, and use thereof, materials, supplies, services, lost wages of volunteer personnel, damage or loss of equipment, both organization and personnel, and related expenses resulting directly from response to a release or threatened release of a hazardous material.
“ENVIRONMENT.” The navigable waters of the United States and any other surface water, ground water, drinking water supply, soil surface, subsurface strata, storm sewer, or publicly or privately owned treatment works, other than those handling only wastewater generated at a facility, air space, within the entire boundaries of Carter County, Kentucky.
“HAZARDOUS MATERIAL.” Any element, compound, substance, or material, or any combination thereof, which are toxic, flammable, explosive, corrosive, radioactive, oxidizers, etiological agents, carcinogenic, or are highly reactive when mixed with other substances, including, but not limited to, any substance or material which is designated a hazardous material pursuant to the “Hazardous Materials Transportation Act” (49 U.S.C.A., Sec. 1801, et seq.) or is listed by Appendix A, 40 CFR, Part 302, “List of Hazardous Materials and Reportable Quantities”, as amended, published by the U.S. Environmental Protection Agency (EPA), a copy of which said list is incorporated herein by reference as if set out fully herein, in a quantity and form which may pose a substantial present or potential hazard to human health, property, or the environment wherein improperly released, treated, stored, transported, disposed of, or otherwise managed.
“PETROLEUM PRODUCT.” Oil of any kind or in any form, including, but not limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with wasted other than dredged spoil.
“RELEASE.” Any spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping, or disposing of a hazardous material into or on any land, air, water, well, stream, sewer, or pipe so that such hazardous materials or any constituent thereof may enter the environment. The term shall not apply to:
(A) With respect to a claim which such persons may assert against the employer of such persons as provided by CERCLA regulations, any release which results in expose to persons solely within a workplace;
(B) Emissions from the engine exhaust of a motor vehicle, rolling, stock, aircraft, vessel, or a pipeline station pumping engine; and
(C) The normal application of fertilizers and pesticides.
“REMOVAL.” The cleanup or removal of released hazardous materials from the environment, such actions as may be necessary or appropriate to monitor, supervise, assess, and evaluate the release or threatened release of hazardous materials, the disposal of removed materials, or the taking of such actions as may be necessary to prevent, minimize or mitigate damage to 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, reception, and care of threatened persons.
“REPORTABLE QUANTITY.” The “Final RQ” as set forth on the “Hazardous Materials and Reportable Quantities” list.
“RESPONSE.” Any remedial or removal actions, including, but not limited to, response by local public safety and emergency agencies and subsequent actions taken to insure the preservation and protection of the public health, safety, welfare, and the environment.
(Ord. 10-1994, passed 12-6-94)