For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COST. Any costs directly or indirectly incurred by the village, and shall include, but not necessarily be limited to, the following: actual labor costs of village personnel including workers compensation benefits, fringe benefits, and administrative overhead; costs of equipment, operation, materials obtained by the village; and costs of any contract labor or materials which are necessitated for the cleanup of hazardous substances. Provided, however, that the term COST, as used herein, shall not include actual fire suppression activities normally or usually provided by the Township Fire Department. Further, the provisions of this section shall apply to all costs incurred by the village not recovered through the Hazardous Waste Service Fund, being M.C.L.A. § 324.1143 of the Hazardous Waste, Public Act 451 of 1994, M.C.L.A. §§ 324.1101 et seq., as amended, or through § 123 of CERCLA, being 42 U.S.C. §§ 2000e et seq.
HAZARDOUS MATERIAL. Any material, waste, or a combination of waste and material, including solid, liquid, semi-solid, or contained gaseous material which, because of its quantity, quality, concentration, or other physical, chemical, or general characteristics, pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, disposed of, or otherwise managed.
HAZARDOUS SUBSTANCE/WASTE. As defined by § 101(14) of the United States Comprehensive Environmental Response Compensation and Liability Act (CERCLA), being 42 U.S.C. §§ 2000e et seq., means any substance designated pursuant to § 311(B)(2)(A) of the Federal Water Pollution Control Act, being 42 U.S.C. § 1321; any element, compound, mixture, solution, or substance designated pursuant to § 102 of CERCLA; or any hazardous waste having characteristics identified under or listed pursuant to § 3001 of the Solid Waste Disposal Act, being 42 U.S.C. § 6921, (not including waste regulation suspended by acts of Congress); any toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, being 42 U.S.C. § 1317(a), any hazardous air pollutant listed under § 102 of the Clean Air Act, and any hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to § 7 of the Toxic Substance Control Act, being 15 U.S.C. §§ 2601 et seq.
PERSON. An individual, partnership, corporation, the state, any trust, firm, joint stock company, federal agency, governmental corporation, association, municipality, joint venture, limited partnership, commission, political subdivision of the state, any interstate body, and any public body created by or pursuant to state law.
(Ord. 142, passed 7-1-1996)