The following words and phrases used in this chapter shall be defined as follows:
(A) "EMERGENCY ACTION." Any action taken to prevent or minimize the harm to human health, to the environment, or to property from the uncontrolled release of a hazardous material.
(B) "EMERGENCY RESPONSE AGENCY."
(1) The state police;
(2) The environmental response branch of the state department of environmental management;
(3) A police department established under I.C. 36-8-2-2;
(4) A fire department established under I.C. 36-8-2-3;
(5) A volunteer fire company established under I.C. 36-8-12;
(6) Any agency of a governmental entity, or any combination of agencies of governmental entities that provide:
(a) Fire fighting services;
(b) Emergency rescue services;
(c) Emergency medical services;
(7) Any agency of a governmental unit, or combination of representatives from governmental units that provide manpower, equipment, or supplies at the scene of a hazardous materials emergency.
(C) "HAZARDOUS MATERIALS." A material or waste that has been determined to be hazardous or potentially hazardous to human health, to the environment, or to property by:
(1) The United States Environmental Protection Agency, Nuclear Regulatory Commission, Department of Transportation, or Occupational Safety and Health Administration;
(2) The state waste management board.
The term shall include all of the hazardous materials identified in 49 CFR 172.101.
(D) "HAZARDOUS MATERIALS EMERGENCY." An occurrence that involves the controlled release or imminent uncontrolled release of a hazardous material into the environment and that creates the possibility of harm to human health, to property, or to the environment.
(E) "PERSON." An individual, a corporation, a limited liability company, a partnership or an unincorporated association.
(F) "PESTICIDE." A substance or a combination of substances commercially produced for use as:
(1) An insecticide;
(2) A rodenticide;
(3) A nematodicide.
(G) "RESPONSIBLE PARTY." A person who:
(1) Owns a hazardous material that is involved in a hazardous material incident;
(2) Owns a container or owns or operates a vehicle that contains hazardous materials that is involved in a hazardous materials emergency;
(3) Causes or substantially contributes to the cause of the hazardous materials emergency; or
(4) Owns real estate where a hazardous material emergency occurs and knew or should have known that hazardous material was being used, stored, or transported on the real estate.
(Ord. 6140, passed 10-25-99)