For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED RELEASE. A release of hazardous materials in accordance with an appropriate permit granted by a local, state or federal agency having primary jurisdiction over the release.
CONSUMER PRODUCT. The meaning stated in 15 U.S.C. § 2052.
COSTS. Include all expenses incurred by local government and/or local emergency response organizations, regardless of whether or not the agencies are publicly or privately owned, in responding to any hazardous materials spill, leak or other release into the environment and for any remedial or removal actions taken to protect and safeguard the public health and safety, property or the environment. The term includes but is not limited to costs incurred for personnel, equipment and the use thereof, materials, supplies, services, damage or loss of equipment, both organization and personal, and related expenses resulting directly from response to a release or threatened release of a hazardous material.
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 providing services which has employees.
ENVIRONMENT. The navigable waters of the United States and any other surface water, groundwater, drinking water supply, soil surface, subsurface strata, storm sewer or publicly owned sanitary sewer or treatment works (other than those handling only wastewater generated at a facility) within the City of Midway or any other part of Woodford County, Kentucky. The term shall include air only for purposes of reporting releases pursuant to the further provisions of this chapter.
FACILITY. Any building, structure, installation, equipment or pipe or pipeline (including any pipe into a sewer or publicly owned treatment container), tank, motor vehicle, truck trailer, rolling stock or aircraft; or any site or area where a hazardous material has been deposited, stored, disposed of, abandoned, placed or otherwise come to be located. Consumer products in consumer use and vessels are not included.
HAZARDOUS MATERIALS. Any element, compound, substance or material or any combination thereof which are toxic, flammable, explosive, corrosive, radioactive, oxidizers, etiological agents, carcinogenic or are highly reactive when mixed with other substances, including but not limited to any substance or material which is designated a hazardous material pursuant to the "Hazardous Materials
Transportation Act" (49 U.S.C.A., §§ 1801 et seq.) or is listed by Appendix A, 40 C.F.R. Pt. 302, "List of Hazardous Materials and Reportable Quantities," as amended, published by the U.S. Environmental Protection Agency (EPA), and herein incorporated by reference the same as if set out at length herein in words and figures, in a quantity and form which may pose a substantial present or potential hazard to human health, property or the environment when improperly released, treated, stored, transported, disposed of or otherwise managed.
NORMAL APPLICATION OF PESTICIDES. Application pursuant to the label directions for application of a pesticide product registered under § 30 or § 24 of the Federal Insecticide, Fungicide and Rodenticide Act as amended (7 U.S.C. §§ 135 et seq.) (FIFRA); pursuant to the terms and conditions of an experimental use permit issued under § 5 of FIFRA; or pursuant to an exemption granted under § 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 soil.
PERSONS. Any individual, business, firm, partnership, corporation, consortium, association, trust, joint stock company, cooperative, joint venture, city, county, city or county special district, the state or any department, agency or political subdivision thereof, the United States government, or any other commercial or legal entity.
RELEASE. Any spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping or disposing of a hazardous material into or on any land, air, water, stream, sewer or pipe so that the hazardous materials or any constituent thereof may enter the environment. The term shall not apply to the following:
(1) With respect to a claim which such persons may assert against the employer of those persons as provided by CERCLA regulations, any release which results in exposure to persons solely within a workplace;
(2) To emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or a pipeline station pumping engine; and
(3) To the normal application of fertilizers and pesticides.
REMEDIAL ACTION. Any action consistent with permanent remedy taken instead of or in addition to any removal actions in the event of a release or threatened release of a hazardous material into the environment, to prevent or minimize the release of hazardous materials so that they do not migrate to cause a substantial present or potential hazard to human health, property or the environment. The term includes but is not limited to such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay (or other earth) cover, neutralization, cleanup of released hazardous materials or contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration, provision of alternative water supplies, and any monitoring reasonably required to assure that the actions protect public health and welfare and the environment.
REMOVAL. The cleanup or removal of released hazardous materials from the environment. These actions may be necessary or appropriate to monitor, assess and evaluate the release or threatened release of hazardous materials, the disposal of removed material, or the taking of any actions as may be necessary to prevent, minimize or mitigate damage to public health or welfare or the environment. The term includes but is not limited to security fencing, provision of alternative water supplies, and temporary evacuation, reception and care of threatened persons.
REPORTABLE QUANTITY. That quantity:
(1) Listed hazardous materials. The quantity appearing in column RQ for each hazardous material listed in:
(a) "List of Hazardous Materials and Reportable Quantities," 40 C.F.R. Pt. 302, as amended;
(b) "Extremely Hazardous Substances," designated in 40 C.F.R. Pt. 355 under SARA Title III.
(2) Petroleum or petroleum products. The REPORTABLE QUANTITIES are 25 gallons or more of a petroleum product within a 24-hour period and 75 gallons or more of diesel fuel in a 24-hour period or any amount that creates a visible sheen on surface waters.
(3) Releases to sanitary sewer system. Notwithstanding any other provision of this section, any release of a hazardous material to a sanitary sewer system which is prohibited under applicable pretreatment or other regulations of the City of Midway or other sewer system operating in Woodford County shall be deemed to be released in REPORTABLE QUANTITIES.
RESPONSE. Any remedial or removal actions, including but not limited to response by local public safety and emergency agencies and subsequent actions taken to ensure the preservation and protection of the public health, safety, welfare and the environment.
VESSEL. Every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
(Ord. 2004-17, passed 11-15-2004)