For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTERING AGENCY. Individual or department responsible for enforcement of this chapter.
AUTHORIZED RELEASE. A release of hazardous materials in accordance with appropriate permit granted by state or federal agency having primary jurisdiction over such releases.
CONSUMER PRODUCT. The same 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 such 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 use thereof, materials, supplies, services, lost wages of volunteer personnel, damage or loss of equipment, both organization and personnel, and related expenses resulting directly from response to a release or threatened release of a hazardous material.
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) air space, within the entire boundaries of Carter County, Kentucky.
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. §§ 1801 et seq.) or is listed by Appx. 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), a copy of which said list is attached as Appendix A hereto and herein incorporated by reference the same as if set out at length herein in words and figure, in a quantity and form which may pose a substantial present or potential hazard to human health, property, or the environment wherein improperly released, treated, stored, transported, disposed, or otherwise managed.
PETROLEUM PRODUCT. Oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with waste other than dredged soil.
REPORTABLE QUANTITY. The Final RQ as set forth on the Hazardous Materials and Reportable Quantities list.
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 such hazardous materials or any constituent thereof may enter the environment.
(2) The term shall not apply to:
(a) 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;
(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 of fertilizers and pesticides.
REMOVAL. The cleanup or removal of released hazardous materials from the environment, such actions as may be necessary or appropriate to monitor, supervise, assess, and evaluate the release or threatened release of hazardous materials, the disposal of removed materials, or the taking of such 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, provisions of alternative water supplies, and temporary evacuation, reception, and care of threatened persons.
RESPONSE. Any remedial or removal actions, including, but no 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.
(Ord. 95-10, passed 7-11-1995)