For the purpose of this chapter, these words have the following meanings:
CLEANUP: The removal of the hazardous wastes or substances to a place where the waste will not cause any danger to persons or the environment, in accordance with state rules therefor, or the treatment of the material as defined herein to eliminate the hazardous condition, including the restoration of the area to a general good appearance without noticeable odor, as far as practicable.
HAZARDOUS CONDITION: Any situation involving the actual, imminent or probable spillage, leakage or release of a hazardous substance into the land, into a water of the state, or into the atmosphere which creates an immediate or potential danger to the public health or safety or to the environment. For the purposes of this chapter, a site which is a hazardous waste or hazardous substance disposal site as defined in Iowa Code 455B.411, subsection 4, is a hazardous condition.
HAZARDOUS SUBSTANCE: A hazardous substance as defined in 42 USC section 9601 of the federal comprehensive environmental response compensation and liability act and any element, compound, mixture, solution or substance designated pursuant to 40 CFR 302.4.
HAZARDOUS WASTE: A waste or combination of wastes that, because of its quantity, concentration, biological degradation, leeching from precipitation or physical, chemical or infectious characteristics, has either of the following effects:
A. Causes or significantly contributes to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness.
B. Poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed. Hazardous waste may include, but is not limited to, wastes that are toxic, corrosive or flammable or irritants, strong sensitizers or explosives.
C. Hazardous waste does not include:
1. Agricultural wastes, including manures and crop residues that are returned to the soil as fertilizers or soil conditioners.
2. Source, special nuclear, or byproduct materials as defined in the atomic energy act of 1954, as amended to January 1, 1979.
RESPONSIBLE PERSON: A person having control over a hazardous substance or hazardous wastes, who at any time produces, handles, stores, uses, transports, refines or disposes of a hazardous substance, the release of which creates a hazardous condition, whether on public ways or grounds or on private property, including bailees, carriers and any other person in control of a hazardous substance when a hazardous condition occurs, whether the person owns the hazardous substance or is operating under a lease, contract or other agreement with the legal owner of the hazardous substance.
TREATMENT: A method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous substance so as to neutralize it or to render the substance nonhazardous, safer for transport, amenable for recovery, amenable for storage or to reduce it in volume. Treatment includes any activity or processing designed to change the physical form or chemical composition of hazardous substance to render the waste nonhazardous. (Ord. 111, 8-1-1994)