For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Hazardous materials” or “hazardous wastes” means any such materials or wastes that have been deemed to be hazardous materials or wastes by the United States Government or any agency or department thereof or the State of Ohio or any agency or department thereof as well as any materials that may from time to time be designated to be hazardous materials or hazardous wastes by Council.
(b) “Common carrier by motor vehicle” has the same meaning as in Ohio R.C. 4919.75(E) or Ohio R.C. 4912.02(A) as appropriate.
(c) “Contract carrier by motor vehicle” has the same meaning as in Ohio R.C. 4919.75(F) or Ohio R.C. 4923.02(A) as appropriate.
(d) “Costs” includes but is not limited to all direct and incidental costs, including personnel costs, incurred by or on behalf of the City in connection with the investigation, mitigation, minimization, removal, or abatement of an unauthorized spill, release, or discharge, in the following respects:
(1) Operating any vehicle, apparatus, or equipment used in connection with any such incident;
(2) Sanitizing, cleaning, or repairing any vehicle, apparatus, equipment, or apparel used in connection with any such incident;
(3) Testing any spilled, released, or discharged material, or any vehicle, apparatus, equipment, or apparel used in connection with any such incident;
(4) Storing any spilled, released, or discharged material;
(5) Disposing of any spilled, released or discharged material, or any vehicle, apparatus, equipment, apparel or goods rendered unusable as a result of any such incident;
(6) Replacing any vehicle, apparatus, equipment, apparel or goods lost or rendered unusable as a result of any such incident;
(7) Any costs incurred by any private party or governmental body, or subdivision thereof, whose assistance is requested by the City in the event of an unauthorized spill, release, or discharge, and who submits a written invoice to the City setting froth its costs incurred in responding to the incident.
(e) “Material” has the same meaning as in Ohio R.C. 3745.13 and any regulations promulgated or matters decided thereunder as appropriate.
(f) “Motor vehicle” means any automobile, truck, tractor, trailer, semi-trailer, motorbus or any other self-propelled vehicle not operated or driven on fixed tracks.
(g) “Private motor carrier” has the same meaning as in Ohio R.C. 4923.02.
(h) “Railroad” has the same meaning as in Ohio R.C. 4907.02.
(i) “Unauthorized spill, release or discharge” has the same meaning as in Ohio R.C. Ch. 3745, any regulations promulgated or matters decided thereunder, and including, but not limited to any spilling, leaking, pumping, pouring, emitting, emptying, discharging, releasing, injecting, escaping, leaching, dumping, or disposing of any material into or upon the environment which may endanger the public health or safety or the environment. The term does not include any spill, release or discharge that is in compliance with Ohio R.C. Chs. 1509, 3704, 3734, or 6111 and rules adopted thereunder, or the terms and conditions of a current and valid permit or license.
(Ord. 1992-29. Passed 4-28-92.)