For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLEANUP. Actions necessary to contain, collect, control, identify, analyze, cleanup, treat, disperse, remove or dispose of a hazardous substance.
HAZARDOUS CONDITION. Any situation involving the actual, imminent or probable spillage, leakage or release of a hazardous substance onto the land, into a water of the state or into the atmosphere which creates an immediate or potential danger to the public health or safety or to the environment. For purposes of this definition, a site which is a hazardous waste or hazardous substance disposal site as defined in Iowa Code § 455B.411, subs. 4, as amended, is a HAZARDOUS CONDITION.
HAZARDOUS SUBSTANCE. Any substance or mixture of substances that presents a danger to the public health or safety and includes, but is not limited to, a substance that is toxic, corrosive or flammable, or that is an irritant or that generates pressure through decomposition, heat or other means. HAZARDOUS SUBSTANCE may include any hazardous waste identified or listed by the Administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act, being 42 U.S.C. §§ 82 et seq., as amended by the Resource Conservation and Recovery Act of 1976, being 42 U.S.C. §§ 6901 et seq., or any toxic pollutant listed under § 307 of the Federal Water Pollution Control Act, being 33 U.S.C. §§ 36 et seq., as amended to 1-1-1977, or any hazardous substance designed under § 311 of the Federal Water Pollution Control Act, being 33 U.S.C. §§ 36 et seq., as amended to 1-1-1977, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act, being 9 U.S.C. §§ 5101 et seq.
RESPONSIBLE PERSON. A person who at any time produces, handles, stores, uses, transports, refines or disposes of a hazardous substance, the release of which creates a hazardous condition, including bailees, carriers and any other person in control of a hazardous substance when a hazardous condition occurs, whether the person owns the hazardous substance or is operating under a lease, contract or other agreement with the legal owner of the hazardous substance.
(Ord. 26, passed 10-30-2008)