For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COSTS. All expenses incurred by the county or any agent of the county, including the Bluegrass Emergency Response Team, mutual aid providers and other local public safety or emergency services agencies in responding to a release or threatened release of a hazardous material. The term includes but is not limited to expenses for salaries and personnel benefits of employees who respond to a hazardous material release or threatened release, including lost wages of volunteer personnel; the expenses incurred to replace materials, supplies, vehicles and equipment expended, contaminated or damaged in response to a release or threatened release of a hazardous material; expenses incurred to properly clean up, restore or dispose of contaminated vehicles, equipment, supplies and materials involved in a response to a release or threatened release of a hazardous material; the logistical expenses incurred for food, lodging, utilities, fuel, services, sanitation, medical surveillance or treatment, evacuation and rental; and other personnel, health, medical, safety, operating, support, logistical, maintenance or administrative expenditures made to support the response to a release or threatened release of a hazardous material, including any legal expenses incurred in recovering costs as described in this subchapter.
FIXED FACILITY. Any building, structure, installation, storage container, equipment pipe or pipeline (including any pipe into a sewer or publicly-owned treatment system), well, pit, pond, lagoon, impoundment, reservoir, ditch, landfill, site or immobile vessel where a hazardous material is stored,
deposited, disposed of, abandoned, placed or otherwise is located. Consumer products as defined in 15 U.S.C. § 2052, in consumer use and vessels, are not included.
HANDLER. A person that stores, maintains, treats, processes, uses, generates, disposes of, transports, controls, manages or otherwise possesses a hazardous material.
HAZARDOUS MATERIAL. A substance (gas, liquid, solid or semi-solid) capable of creating harm to people, property and the environment, including but not limited to any element, commodity, compound, chemical, substance, mixture, waste or any combination thereof, that is toxic, flammable, explosive, incendiary, corrosive, radioactive, an oxidizer, organic peroxide, an etiological or biological agent, carcinogenic or highly reactive when mixed with other substances.
MOBILE CARRIER. Motor vehicles, cargo tanks, box trailers, rolling stock, rail tank cars, locomotive engines, aircraft, barges, boats or other motorized vehicles or commodity containers used in transportation of a hazardous material.
OWNER/OPERATOR. A person who owns or operates a fixed facility or a person that owns or operates a mobile carrier as well as any person vested with proprietary or decision-making authority over a fixed facility or mobile carrier.
PERSON. An individual, trust, firm, business, corporation, joint stock company, partnership, consortium, association, cooperative, joint venture, city, county, special district, a state or any department or agency thereof, the United States of America or any department or agency thereof, or other commercial or legal entities.
RELEASE. Any accidental or intentional, unauthorized or non-permitted spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injection, leaching, dumping or disposing of a hazardous material into or on any site, surface, land, air, water, well, river, lake, reservoir, stream, creek, ditch, sewer, pipe, drainage basin or other area.
RESPONSE. Any actions taken to ensure the preservation and protection of public health, safety, welfare and the environment, including but not limited to any mitigation, logistical, remedial, and supporting measures required to safeguard emergency responders, the public and the environment.
RESPONSIBLE PARTY. Any person possessing or controlling a hazardous material at the time of a release or threatened release of the hazardous material.
THREATENED RELEASE. A factor or circumstance that presents a substantial threat of a release.
(Ord. passed 9-30-2003)