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 state or federal agency having primary jurisdiction over the release.
CONSUMER PRODUCT. The meaning stated in 15 U.S.C. § 2052.
COSTS. Includes all expenses incurred by local government and/or local emergency response organizations regardless of whether or not those 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 lost wages of volunteer personnel, 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 service 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 county. The terms shall include air only for purposes of reporting releases pursuant to the further provisions of this chapter.
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, 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, List of Hazardous Materials and Reportable Quantities, 40 C.F.R. part 302, Lists of Hazardous Materials and Reportable Quantities, as amended, published by the United States Environmental Protection Agency (EPA). A copy of this list is attached as Appendix A 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.) (FIRA) or pursuant to the terms and conditions of an experimental use permit issued under § 5 of FIRA, or pursuant to an exemption granted under § 18 of FIRA.
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, 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.
(1) 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, well, stream, sewer or pipe so that the hazardous materials or any constituent thereof may enter the environment.
(2) The term shall not apply to:
(a) With respect to a claim which 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;
(b) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or a pipeline station pumping engine; and
(c) The normal application or 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, those 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 container, collection of leachate and runoff, on-site treatment or incineration, provision of alternative water supplies and any monitoring reasonably required to assure that those actions protect public health and welfare and the environment.
REMOVAL. The cleanup or removal of released hazardous materials from the environment, these actions as 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 those 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.
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.
STORE. To deposit or place a substance in the 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. 02-340-72, passed 11-18-2002)