For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMITTEE. The Local Assessment Committee referred to in this chapter.
EXISTENCE. A hazardous waste site or facility was in operation, or for which continuous construction has commenced. A facility has commenced construction if:
(1) The owner or operator had obtained the federal, state and local approvals or permits necessary to begin physical construction; and
(2) Either:
(a) A continuous on-site, physical construction program had begun; or
(b) The owner or operator had entered into contractual obligations, which could not be canceled or modified without substantial loss, for physical construction of the facility to be completed within a reasonable time.
HAZARDOUS WASTE. All materials regulated as hazardous waste by the regulations promulgated by the Kentucky Environmental and Public Protection Cabinet pursuant to the provisions of KRS Chapter 224 and Title 401, Chapters 30 through 39, of the Kentucky Administrative Regulations.
HAZARDOUS WASTE SITE or FACILITY. Any place at which hazardous waste is treated, stored and/or disposed of by landfilling, incineration or any other method and for which a hazardous waste site or facility permit is required pursuant to the provisions of KRS Chapter 224 and Title 401, Kentucky Administrative Regulations, Chapters 30 through 39 and further means any place at which hazardous waste, as hereinafter defined, is burned as a fuel. The term HAZARDOUS WASTE SITE or FACILITY does not include those hazardous waste sites or facilities having permits required by the provisions of 401 Kentucky Administrative Regulations 38:060, Sections 1 and 2, resulting solely from unplanned releases of materials, closure or post-closure activities or environmental remediation measures.
OWNER/OPERATOR. The owner of any hazardous waste facility, as well as any party who has ultimate decision-making authority over the facility.
PARTY. An individual, trust, firm, corporation (including a government corporation), joint stock company, partnership, association, federal agency, state agency, city, commission or any political subdivision of the Commonwealth.
(1994 Jeff. Code, § 120.02) (Jeff. Ord. 26-1988, adopted and effective 10-25-1988; Lou. Metro Am. Ord. No. 165-2005, approved 10-18-2005)