For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATE. To reduce the presence of uncontrolled hazardous materials in the environment to a level that adequately reduces the risk of human health and the environment consistent with the future proposed use of the property.
ABATEMENT COSTS. All necessary and reasonable costs required to abate any discharge of hazardous substances.
COVERED PERSON.
(1) Those persons described in the Comprehensive Environmental Response, Compensation and Liability Act, § 107(a), being 42 U.S.C. § 9607(a); and
(2) All tenants or other persons in control of any real property within the county where hazardous substances exist.
DISCHARGE. Any intentional or accidental action or omission which in the releasing, spilling, pumping, pouring, emitting, emptying, or dumping of any hazardous substance upon public or private property located within the limits of the county.
ENVIRONMENTAL PUBLIC NUISANCE.
(1) Any property where hazardous substances are present, unless the presence of hazardous substances is specifically authorized under state or federal laws or regulations governing hazardous substances; or
(2) Property which has otherwise been allowed to become a health or safety hazard.
HAZARDOUS SUBSTANCE. HAZARDOUS SUBSTANCE as defined in the Comprehensive Environmental Response, Compensation and Liability Act, § 101(14), being 42 U.S.C. § 9601(14) and HAZARDOUS WASTE as defined in the Solid Waste Disposal Act, § 3001 (42 U.S.C. § 6921) and HAZARDOUS MATERIAL as defined in I.C. 13-11-2-96 and HAZARDOUS WASTE as defined in I.C. 13-11-2-99.
LOCAL GOVERNMENT. The county or any municipality within the county seeking to enforce this chapter.
LOCAL GOVERNMENT DESIGNEE.
(1) The department, official or component designated by any local government within the county to enforce this chapter;
(2) The designee for the county shall be the Lake County Sheriff's Police; and
(3) The designee for any municipality within the county shall be the Lake County Sheriff's Police, unless notice of an alternate designation is given to the Lake County Sheriff's Police by the executive of the municipality.
NOTICE OF VIOLATION. A notice of violation pursuant to § 100.06 below.
PERSONS. One or more individuals, partnerships, corporations, trusts, joint ventures, associations, or any other entities or any combination thereof.
(Ord. 1264A, passed 6-13-2005)