For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTERING AGENCY. The local disaster and emergency services (IDES) organization as created by the Fiscal Court of the county pursuant to KRS 39A.020. IDES shall have the authority to enforce all provisions of this chapter.
COSTS. The direct expenses which are attributable to all responsible parties causing a response to environmental emergency and the subsequent removal when acting in good faith with reasonable certainty of a release or threatened release of hazardous substances, pollutants, contaminants and petroleum products. COSTS includes, but is not limited to, mileage for responding vehicles, use of any equipment, replacement of supplies, evacuation and temporary housing, transportation, removal and proper disposal of contaminated material, direct administrative and legal expenses, liability damage claims and those COSTS assigned by a private emergency response entity when dispatched by IDES. The term COSTS, as herein defined, does not exclude recoverable expenditures or penalties lawfully due another public entity or governmental agency when they are engaged jointly with the county or acting independently in accordance with promulgated laws ascribed to an environmental emergency.
ENVIRONMENT. The waters of the commonwealth land surface, subsurface and surface soils and strata, or ambient air within the commonwealth or under the jurisdiction of the commonwealth and its political subdivisions.
ENVIRONMENTAL EMERGENCY. The uncontrolled and unauthorized release or threatened release of hazardous substances, pollutants, contaminates and reportable quantities of petroleum products into the environment in such quantities or concentrations as to cause or threaten to cause an imminent and substantial danger to human health or the environment; the term “reportable quantities of petroleum products” includes, but is not limited to, discharge of oil and hazardous substances prohibited by § 311(b)(3) of the Federal Clean Water Act (Pub. Law No. 92-500), being 33 U.S.C. §§ 1321, as amended.
EMERGENCY RESPONSE PERSONNEL. Any county employee acting under the direction of the Judge Executive, IDES personnel, emergency medical service employee, law enforcement officer, Fire Chief or private emergency response entity dispatched by IDES, which responds to any occurrence that places property, the environment and/or the public health, safety and general welfare of the residents of the county in either imminent or potential danger.
HAZARDOUS SUBSTANCE.
(1) Any substance or combination of substances including wastes of a solid, liquid, gaseous or semi-solid form which, because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment. These substances may be toxic, corrosive, ignitable, irritants, strong sensitizers or explosive, except the term HAZARDOUS SUBSTANCE shall not include petroleum products or crude oil or any fraction thereof which is not otherwise specifically designated as a hazardous substance under this chapter, and shall not include natural gas, natural gas liquids, liquified natural gas or synthetic gas usable for fuel, or mixtures of natural gas and synthetic gas.
(2) The substances include the above definitions and those further and more specifically defined by the following:
(a) Criteria established pursuant to the commonwealth’s Natural Resources and Environment Protection Cabinet;
(b) Applicable Federal law as contained in §§ 101(14), 101(33) and 103(a) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), being 42 U.S.C. §§ 9601 et seq.; or
(c) The U.S. Department of Transportation in 49 C.F.R. § 172.101, including 40 C.F.R. § 261.3, 49 C.F.R. § 171.8 and appendices.
OCCURRENCE. The uncontrolled and unauthorized release or threatened release of hazardous substances, pollutants, contaminates and reportable quantities of petroleum products that initiates a response by IDES to an environmental emergency.
PETROLEUM PRODUCT. Any crude oil, or fraction thereof, which is liquid at standard conditions of temperature and pressure. The term includes motor gasoline, gasohol, other alcohol-blended fuels, diesel fuel, heating oil, special fuels, lubricants, used oil and sludge. PETROLEUM PRODUCT, as herein defined, is only subject to enforcement under this chapter if the amount in any 24-hour period is equal to or greater than 25 gallons or equal to or greater than 75 gallons if diesel fuel, or in contravention of § 311 of the Federal Clean Water Act, being 33 U.S.C. § 1321.
POLLUTANT or CONTAMINANT. Any element, substance, compound or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring. The term does not mean “petroleum product”, as herein defined, or natural or liquified gas, as excepted under the definition “hazardous substance”.
PREPLANNING. A joint assessment by persons storing, handling, using or charged with custody of a hazardous substance, pollutant, contaminant or reportable quantity of a petroleum product and the IDES Director or his or her designee, including inspections, joint training or other activities which are conducted to prevent or mitigate an environmental emergency.
RELEASE. Any spilling, leaking, pumping, pouring, emitting, discharging, emptying, escaping, leaching, dumping or disposing of hazardous substances, pollutants or contaminant in quantities or concentrations which meet or exceed the reportable quantity amounts as promulgated by state or federal regulations. The term RELEASE shall not mean:
(1) Any claim which such persons may assert against the employer of such persons as provided by CERCLA regulations, any release which results in exposure to persons solely within a fixed workplace;
(2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or a pipeline station pumping engine; or
(3) The normal application of fertilizers and pesticides by agricultural users, homeowner on his, her or their own property, or commercial applicators when such a release is in strict compliance with the manufacture’s labeling and thus considered an authorized release.
REMOVAL. The cleanup or physical removal of materials released to the environment or in contact with persons. The term REMOVAL includes, but is not limited to, such actions as may be necessary or appropriate to monitor, supervise, assess and evaluate the release or threatened release resulting in an environmental emergency. The term REMOVAL shall further include terms such as security, fencing, provisions for alternative water supplies, temporary evacuation and the personal care, reception or lodging of persons effected by the occurrence.
REPORTABLE QUANTITY. The amount of hazardous substance designated in 40 C.F.R. part 302 under the Federal Comprehensive and Liability Act of 1980, as amended, and as designated in 40 C.F.R. part 355 under Title III of the Superfund Amendments and Reauthorization Act of 1986, being 42 U.S.C. §§ 9601 et seq. The reportable quantity of petroleum products is set forth by KRS 224.60-100 et seq. notwithstanding the above.
THREATENED RELEASE. A condition or circumstance which presents a substantial threat for causing an unauthorized release, when it can be shown that an unauthorized release could otherwise occur unless preventative action is promptly initiated to contain, reduce or mitigate the risk or apparent damage to the general public, property or the environment.
USER. Any person who handles, uses, operates, transports or is in custody of any container, motor vehicle, rolling stock, aircraft or vessel where hazardous substances, pollutants, contaminates or reportable quantities of petroleum products could result in an environmental emergency if an unauthorized or threatened release occurred, persons who proximately caused the release, or owned or who by contract, agreement or otherwise has knowledge or arranged with another party or entity for control, transport, acceptance or custody of such material.
(Ord. 95-330.1, passed 3-13-1995)