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 valid permit granted by a state or federal agency having primary jurisdiction over such releases.
CONSUMER PRODUCT. As defined in 15 U.S.C. § 2052.
COST. 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 spills, leaks or other releases 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, COST 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 services which has employees.
ENVIRONMENT. The navigable waters of the U.S. and any other surface water, groundwater, drinking water supply, soil surface, subsurface strata, storm sewer or publicly-owned sanitary sewer or treatments works (other than those handling only wastewater generated at a facility) within the city. The term shall include air only for the purpose 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 Act (49 U.S.C. §§ 5101 et seq.) or is listed by Appendix A to 40 C.F.R. § 302.4 - Sequential CAS Registry Number List of CERCLA Hazardous Substances, 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 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. §§ 136 et seq.) (FIFRA), or 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. Includes but is not limited to petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil.
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, well, stream, sewer or pipe so that such hazardous materials or any constituent thereof may enter the environment. The term shall not apply:
(1) With respect to a claim which such persons may assert against the employer of such persons as provided by CMRCLA 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; or
(3) To the normal application of fertilizer and pesticide.
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 U.S. Government or any other commercial or legal entity.
REMEDIAL ACTION. Any action consistent with permanent remedy taken instead of 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, repairs or replacement of leaking containers, collection of leachate and runoff, on-site treatment of incineration, provision of alternative water supplies and any monitoring reasonably required to ensure that such actions protect public health and welfare and the environment.
REMOVAL. The cleanup or removal of released hazardous materials from the environment, such 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 such actions as may be necessary to prevent, minimize or mitigate damage to public health or welfare or the environment.
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 city for a period of ten days or more provided such 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 onsite transportation.
VESSEL. Every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
(Prior Code, § 93.37) (Ord. 590, passed 2-6-1996)