For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSUMER PRODUCT. Shall have the meaning stated in 15 U.S.C. § 2052.
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 surface, subsurface strata, storm sewer or publicly- or privately-owned treatment works (other than those handling only wastewater generated at a facility) within the boundaries of Floyd County. ENVIRONMENT shall include air only for purposes of reporting releases pursuant to § 95.06(A).
FACILITY. 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 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.
HAZARDOUS MATERIALS. Any substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act, being 33 U.S.C. § 1321(b)(2)(A); any element, compound, mixture, solution or substance designated by the U.S. Environmental Protection Agency (EPA) pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, § 102 (CERCLA), being 42 U.S.C. §§ 6901 et seq.: any hazardous waste having the characteristics identified under or listed pursuant to § 3001 of the Solid Waste Disposal Act, being 42 U.S.C. §§ 9601 et seq. (commonly known as the Resource Conservation and Recovery Act ("RCRA")), but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress; any toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, being 33 U.S.C § 1317(a); any hazardous air pollutant listed under § 112 of the Clean Air Act, being 42 U.S.C. § 7412; and 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 § 7 of the Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq. The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance above and the term does include, if stored, natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel (or mixture of natural gas and such synthetic gas). HAZARDOUS MATERIALS shall include those contained in the "List of Hazardous Materials", which is included as an appendix to Ord. G-87-193 and which is hereby adopted and incorporated by reference as if fully set forth herein, radioactive materials and isotopes, and explosives. HAZARDOUS MATERIALS shall not include household wastes and other materials excluded by 40 C.F.R. § 261.4. HAZARDOUS MATERIALS shall not include any material which is a gas under standard temperature and pressure except for purposes of reporting of releases pursuant to § 95.06(A) and (D).
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. §§ 136 et seq.) (FIRFA), or pursuant to the terms and conditions of an experimental use permit issued under § 5 of FIRFA, or pursuant to an exemption granted under § 18 of FIRFA.
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.
PERSON. Any individual, trust, firm, company, society, corporation, joint stock company, partnership, consortium, association, cooperative, joint venture, city, county, city and county special district, the state or any department or agency or political subdivision thereof, United States government or other commercial or legal entities.
RELEASE, AUTHORIZED. A release which is a federally permitted release under 42 U.S.C. § 9601(10); a release to waters of the United States or adjoining shorelines which is exempt from notification under 40 C.F.R. §§ 117.11 through 117.14; 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; and any release which is specifically authorized by the administering agency after review of the HMPC Plan submitted pursuant to § 95.07 provided the HMPC Plan is part of an approved permit.
RELEASE, GENERALLY. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, but excludes with respect to a 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 workplace; emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or pipeline pumping station engine; and the normal application of fertilizer and pesticides.
REPORTABLE QUANTITY. That quantity as set forth in § 95.04.
STORE. To deposit or place a substance in the city or county for a period of ten days or more provided the substance is not otherwise in transit.
USE. To store, maintain, treat, process, handle, generate, dispose of or otherwise manage. USE shall not 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.
(Ord. G-87-193, passed 7-6-1987)