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For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively:
(a) "Hazardous substances" means any of the following:
(1) Any hazardous waste.
(2) Any radioactive material.
(3) Any chemical substance listed below, or mixture containing any chemical substances listed below:
PCB or PCBs (polychlorinated biphenyl)
(b) "Hazardous waste" means any waste or combination of wastes which pose a substantial present or potential hazard to human health or living organisms because such wastes are nondegradable or persistent in nature or because they can be biologically magnified, or because they can be lethal or because they may otherwise cause or tend to cause detrimental cumulative effects, including any substance, combination of substances or mixtures as defined as "hazardous waste" in the Code of Federal Regulations (CFR), Title 40, Part 261, Subpart A 261.3 which is not specifically excluded under 261.4(b) under such Title or this chapter of the Codified Ordinances. The provisions of 40 CFR Part 261, Subpart A 261.2, 261.3 and 261.4, and corresponding sections of Subparts C and D and appendices cited therein, which define, describe and identify hazardous waste are hereby incorporated by reference into this section and made a part hereof the same as if each were set forth fully herein. All subsequent amendments to such provisions of Subparts C and D and appendices cited therein which define, describe and identify hazardous waste, and the section of Subpart B specifically delineated herein, automatically become a part of this section as of the effective dates of each amendment, subject to the provisions of this section. Hazardous wastes do not include chemical substances or mixtures listed in Section 1741.01(a)(3) hereof or any radioactive material.
(c) "PCB" and "PCBs" means any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of substances, or mixture which contains chlorinated biphenyl molecules.
(d) "PCB article" means any manufactured article other than a PCB container that contains PCBs and whose surface(s) has been in direct contact with PCBs. "PCB article" includes capacitors, transformers, electric motors, pumps, pipes and any other manufactured item
(1) which is formed to a specific shape or design during manufacture;
(2) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and
(3) which has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the PCB article.
(e) "PCB equipment" means any manufactured item, other than a PCB container or a PCB article container, which contains a PCB article or other PCB equipment and includes microwave ovens, electronic equipment and fluorescent light ballasts and fixtures.
(f) "PCB container" means any package, can, bottle, barrel, drum, tank or other device exclusive of a PCB article or PCB equipment that contains a PCB or PCBs article and whose surface(s) has been in direct contact with PCBs.
(g) "Chemical substance" except as provided in subsection (3) hereof, means any organic or inorganic substance of a particular molecular identity, including:
(1) Any combination of such substances occurring in whole or part as a result of a chemical reaction or occurring in nature, and
(2) Any element or uncombined radical.
(3) Such term does not include:
A. Any mixture;
B. Any pesticide, as defined in the Federal Insecticide, Fungicide and Rodenticide Act, when manufactured, processed or distributed in commerce for use as a pesticide;
C. Tobacco or any tobacco product;
D. Any source material, special nuclear material, or by-product material, as such terms are defined in the Atomic Energy Act of 1954, as amended, and regulations issued under such Act, and the Energy Reorganization Act of 1974 and any regulations issued under such Act;
E. Any article the sale of which is subject to the tax imposed by Section 4181 of the Internal Revenue Code of 1954, determined without regard to any exemptions from such tax provided by Section 4182 or Section 4221 or any provisions of such Code; and
F. Any food, food additive, drug, cosmetic, or device, as such terms are defined in Section 201 of the Federal Food, Drug and Cosmetic Act, when manufactured, processed or distributed in commerce for use as a food, food additive, drug, cosmetic or device.
(h) "Mixture" means any combination of two or more chemical substances if the combination does not occur in nature and is not, in whole or in part, the result of a chemical reaction; except that "mixture" includes any combination which occurs, in whole or in part, as a result of a chemical reaction if none of the chemical substances comprising the combination is a new chemical substance and if the combination could have been manufactured for commercial purposes without a chemical reaction at the time the chemical substances comprising the combination were combined.
(i) "By-product" means a chemical substance produced without separate commercial intent during the manufacturing or processing of another chemical substance(s) or mixture(s).
(j) "Use" means putting into service to attain an end other than disposal.
(k) "Store for disposal" means to store, confine or contain for or incidental to discarding, destroying, decontaminating, degrading, reprocessing or recycling of substances whose useful lives have been terminated or completed, or which have otherwise been taken out of service.
(l) "Person" means any natural or legally created artificial person including any individual, corporation, partnership or association. "Person" includes any individual, partnership, association or corporation engaged in the transportation of passengers or property, as common, contract or private carrier, or freight forwarder, as those terms are used in the Interstate Commerce Act, as amended.
(m) "Radioactive material" means any material or combination of materials, which spontaneously emits ionizing radiation. Materials in which the estimated specific activity is not greater than 0.002 microcuries per gram of material, and in which the radioactivity is essentially uniformly distributed, are not considered to be radioactive materials.
(n) "Curie" means an expression of the quantity of radiation in terms of the number of atoms which disintegrate per second; a curie is that quantity of radioactive material which decays such that thirty-seven billion atoms disintegrate per second.
(o) "Microcurie" means one millionth of a curie.
(p) "Waste oil" means used products primarily derived from petroleum, which include, but are not limited to, fuel oils, motor oils, gear oils, cutting oils, transmission fluids, hydraulic fluids and dielectric fluids.
(q) "Hazardous substance disposal site" means any chemical waste landfill or incinerator used to dispose of hazardous substances.
(r) "Chemical waste landfill" means a landfill at which protection against risk of injury to health or the environment from migration of hazardous substances to land, water or the atmosphere is provided from hazardous substances deposited therein by locating, engineering and operating the landfill in accordance with Federal and State law.
(Ord. 83-309. Passed 6-28-83.)