§ 95.03 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ADMINISTERING AGENCY. The Metropolitan Sewer District.

   BLUE LINE STREAM. Those streams, creeks, ditches or other waterways which appear on a USGS 7-1/2 minute quadrangle map, shown by a blue line, or other comparable streams, creeks, ditches, or waterways that do not appear merely because of the date of compilation of the USGS map.

   CONSUMER PRODUCT. Any tangible personal property that is distributed in commerce and that normally is used for personal, family, or household purposes, including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed.

   EMPLOYEE. Any person who works, with or without compensation, in a workplace.

   EMPLOYER. Any person, firm, corporation, partnership, association, government agency, or other entity engaged in a business or in providing services that has employees.

   ENVIRONMENT. The navigable waters of the United States and any other surface water, ground water, drinking water supply, soil source, land, subsurface strata, outdoor impervious surface, storm sewer, or publicly or privately owned treatment works (other than those handling only wastewater generated at a facility) within boundaries of Louisville Metro. ENVIRONMENT shall include air only for purposes of reporting releases pursuant to § 95.06(A).

   FACILITY.

      (1)   Any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or

      (2)   Any site or area where a hazardous material has been deposited, stored, disposed of, or placed or otherwise come to be located, but does not include any consumer product in consumer use or any vessel, unless in dry dock.

   HAZARDOUS MATERIALS. 

      (1)   Any substance designated pursuant to Section 311(b)(2)(a) of the Federal Water Pollution Control Act.

      (2)   Any element, compound, mixture, solution, or substance designated by the U.S. Environment Protection Agency (EPA) pursuant to the Comprehensive Environment Response, Compensation, and Liability Act of 1980, Section 102 (CERCLA).

      (3)   Any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (commonly known as the Resource Conservation and Recovery Act or RCRA), but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by an Act of Congress.

      (4)   Any toxic pollutant listed under Section 307(a) of the Federal Water Pollution Control Act.

      (5)   Any hazardous air pollutant listed under Section 112 of the Clean Air Act.

      (6)   Any imminently hazardous chemical substance or mixture with respect to which the Administrator of the U.S. Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic Substances Control Act.

      (7)   Any substance designated an extremely hazardous substance pursuant to Section 302(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA). The term does include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs of this definition, and the term does include, if stored, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas, or synthetic gas.) Hazardous materials shall include those contained in the most recent version of 40 CFR 302.4. Hazardous materials shall not include household wastes and other materials excluded by 40 CFR 261.4.

   HAZARDOUS MATERIALS INCIDENT. The actual release of a hazardous material which:

      (1)   (a)   Poses an imminent threat to the environment or to the health, safety, or welfare of either individuals at the site of the incident, or of the general population; and

         (b)   Requires immediate response, incident assessment, control, containment, and abatement of the immediate hazard by an outside agency; or

      (2)   Involves a reportable quantity of hazardous materials, regardless of whether abatement occurs by employees at the site of the incident, or by any outside agencies.

   HMPC PLAN. A Hazardous Materials Use and Spill Prevention Control Plan, as set forth in § 95.07.

   IMPERVIOUS SURFACE. A surface outside of a building which substantially reduces the rate of infiltration of liquids into the earth, including but not limited to asphalt and concrete roadways, walks, and parking lots, but not including a closed containment vessel.

   MANUFACTURE. To produce, import, or compound a hazardous material, whether produced as an end product or by-product in the production of another substance. The term shall also include hazardous materials that remain in end products as impurities.

   NAVIGABLE WATER. The waters of the United States, including the territorial seas, as defined under the Federal Water Pollution Control Act (also known as the Clean Water Act).

   NORMAL APPLICATION OF PESTICIDES. Application pursuant to the label directions for application of a pesticide product registered under Section 30 or Section 24 of the Federal Insecticide, Fungicide, and Rodenticide Act as amended (7 U.S.C. 135 et seq. (FIFRA), or pursuant to the terms and conditions of an experimental use permit issued under Section 5 of FIFRA, or pursuant to an exemption granted under Section 18 of FIFRA.

   OIL. Oil of any kind or in any form, including but not limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

   PARTY. Any individual, trust, firm, company, society, corporation, joint-stock company, partnership, consortium, association, cooperative, joint venture, city, county, special district, the state or any department or agency or political subdivision thereof, United States Government, or other commercial or legal entities.

   RELEASE. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, but excludes:

      (1)   With respect to a claim which such parties may assert against the employer of such parties as provided by CERCLA regulations, any release which results in exposure to parties solely within a workplace;

      (2)   Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine; and

      (3)   The normal application of fertilizer and pesticides.

   RELEASE, AUTHORIZED.

      (1)   A release which is federally permitted under 42 U.S.C. 9601(10);

      (2)   A release to waters of the United States or adjoining shorelines which is exempt from notification under 40 CFR 117.11 through 40 CFR 117.14;

      (3)   The introduction of any pollutant into a publicly owned treatment works which is not in violation of applicable pretreatment requirements or other regulations controlling the introduction of pollutants into the publicly-owned treatment works;

      (4)   Any release which is specifically authorized by the administering agency after review of the HMPC Plan submitted pursuant to § 95.07, provided that the HMPC Plan is part of an approved permit; and

      (5)   Emissions permitted by the Louisville Metro Air Pollution Control District.

   REPORTABLE QUANTITY. That quantity, as set forth in § 95.04.

   RESPONDING AGENCY. Any agency of local government that is a party to the Louisville Metro Emergency Operations Plan, Annex Q, adopted by reference in its entirety as Appendix A and which is authorized to respond to a hazardous materials incident on behalf of Louisville Metro Government.

   STORE. To deposit or place a substance within Louisville Metro for a period of ten days or more, provided that such substance is not otherwise in transit.

   THREATENED RELEASE. A circumstance which presents a substantial threat of a hazardous material incident as a result of a transportation incident or incident when container structure damage is apparent or the potential for container structure damage exists; a circumstance which presents a substantial threat of a hazardous material incident at a fixed site facility as a result of damage or failure to a production system(s) or as a result of a non-functional process safety engineering control.

   USE. To store, maintain, treat, process, handle, generate, dispose of, or otherwise manage. USE shall include any mode of transportation other than on-site transportation.

   VESSEL. Every description of watercraft or other artificial contrivance used or capable of being used as a means of transportation on water.

(1994 Jeff. Code, § 95.03) (Jeff. Ord. 17-1993, adopted and effective 7-7-1993; Jeff. Am. Ord. 8-1995, adopted and effective 4-11-1995) (1999 Lou. Code, § 99.02) (Lou. Ord. No. 188-1985, approved 8-26-1985; Lou. Am. Ord. No. 17-1988, approved 2-12-1988; Lou. Am. Ord. No. 163-1988, approved 6-20-1988; Lou. Ord. No. 86-1993, approved 5-13-1993; Lou. Am. Ord. No. 247-1994, approved 12-14-1994; Lou. Metro Am. Ord. No. 121-2007, approved 7-2-2007)