For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLEAN-UP. Actions necessary to contain, collect, control, identify, analyze, clean-up, treat, disperse, remove or dispose of a hazardous substance or hazardous waste.
HAZARDOUS CONDITION. Any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance or hazardous waste onto the land, into a water of the state or into the atmosphere that creates an immediate or potential danger to the public health or safety.
HAZARDOUS SUBSTANCE. Any substance or mixture of substances that presents a danger to the public health or safety and includes, but is not limited to, a substance that is toxic, corrosive or flammable or that is an irritant or that generates pressure through decomposition, heat or other means. HAZARDOUS SUBSTANCE may include any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act being 42 U.S.C. §§ 6941 et seq., as amended by the Resource Conservation and Recovery Act of 1976 being 42 U.S.C. §§ 6901 et seq., or any toxic pollutant listed under § 307 of the Federal Water Pollution Control Act being 33 U.S.C. § 1317, as amended to 1-1-1977, or any hazardous substance designated under § 311 of the Federal Water Pollution Control Act being 33 U.S.C. § 1321, as amended to 1-1-1977, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act.
HAZARDOUS WASTE.
(1) A waste or combination of wastes that, because of its quantity; concentration; biological degradation; leaching from precipitation; or physical, chemical or infectious characteristics, has either of the following effects:
(a) Causes or significantly contributes to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(b) Poses a substantial danger to human health or the environment.
(2) Hazardous waste may include, but is not limited to, wastes that are toxic, corrosive or flammable or irritants, strong sensitizers or explosives. HAZARDOUS WASTE does not include the following:
(a) Agricultural wastes, including manures and crop residues that are returned to the soil as fertilizers or soil conditioners; and
(b) Source, special nuclear or byproduct material as defined in the Atomic Energy Act of 1954, being 42 U.S.C. §§ 2011 et seq., as amended to 1-1-1979.
PERSON. Individual, corporation, firm, government or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity.
RESPONSIBLE PERSON. A person who at any time produces, handles, stores, uses, transports, refines or disposes of a hazardous substance or hazardous waste, the release of which creates a hazardous condition, including bailees, carriers and any other person in control of a hazardous substance or hazardous waste when a hazardous condition occurs, whether the person owns the hazardous substance or waste or is operating under a lease, contract or other agreement with the legal owner of the hazardous substance or waste.
TREATMENT.
(1) A method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous substance so as to neutralize it or to render the substance non-hazardous, safe for transport, amenable for recovery, amenable for storage or to reduce it in volume.
(2) TREATMENT includes any activity or processing designed to change the physical form or chemical composition of hazardous substance to render it non-hazardous.
(2013 Code, § 14.5-1) (Ord. 14256, passed 5-11-1987)
Statutory reference:
“Clean-up” defined, see I.C.A. § 455B.381(1)
“Hazardous condition” defined, see I.C.A. § 455B.381(4)
“Hazardous substance” defined, see I.C.A. § 455B.381(5)
“Person” defined, see I.C.A. § 4.1(20)