For the purpose of this chapter, the following words shall have the following meanings ascribed to them respectively:
(a) "Person" includes all persons, natural or artificial, and includes but is not limited to private corporations, public utilities, partnerships, associations and employers.
(b) "PCB" means, unless otherwise defined in a specific section hereof, any chemical substance or compound that has been chlorinated to varying degrees or any combination of substances or mixtures which contain fifty or more ppm (parts per million), on a dry weight basis of polychlorinated biphenyls.
(c) "PCB device" means any device owned, leased or operated by public utilities which contain PCB's and includes but is not limited to capacitors and transformers.
(Ord. 84-104. Passed 1-22-85.)
(a) Within thirty days of the effective date of this section, all persons who own, lease, operate or maintain within this City one or more electrical transformers or capacitors shall file with the Director of Public Service, a written itemized report containing the following: exact location of each transformer or capacitor, date of original installation and history of all repairs made to each.
(b) Within ninety days of the effective date of this section, all persons who own, lease, operate or maintain within this City one or more electrical transformers or capacitors, shall test the same and file with the Director of Public Service, the results of that test which shall include but not be limited to, a report containing the following information: the date that each and every transformer or capacitor located within the City was tested for PCB's; the manner of testing; the results of that test expressed in terms of ppm, and the name, business address, telephone number and job title of the person who conducted the test.
(Ord. 84-104. Passed 1-22-85. )
(a) Upon the effective date of this section, no person shall use or store any PCB devices within the City and no person shall, for commercial purposes, store PCB's within the City.
(b) All persons who own, lease, operate or maintain within the City, one or more electrical transformers or capacitors containing polychlorinated biphenyls in a concentration of greater than one ppm but less than fifty ppm, shall in the daily operation thereof, proceed as follows:
(1) Whenever a leak or discharge of polychlorinated biphenyls is suspected or reported at any location within this City, the Director of Public Service and Fire Chief shall immediately be notified in person or by telephone.
(2) Any such leaking or discharging electrical transformer or capacitor shall immediately and forever be removed from this City.
(3) Any capacitor or transformer which has greater than one ppm of PCB's but not more than fifty ppm shall, at any time the owner, lessee or operator, repairs or services the same be immediately and forever removed from the City.
(c) No person, upon the enactment of this section, shall introduce or install within this City an electrical transformer or capacitor containing or utilizing PCB's in a concentration of one ppm or greater.
(Ord. 84-104. Passed 1-22-85.)
(a) Violation of any provision of this chapter shall be deemed a public nuisance:
(b) The Director of Law shall have the authority to commence suit in a court of competent jurisdiction to enjoin the actions of any person who violates or threatens to violate any provision of this chapter.
(Ord. 84-104. Passed 1-22-85.)
A person may petition the Director of Public Service for an extension of the time for compliance with the provisions of this chapter. Such request for an extension of time shall include with specificity the reasons for such extension and a schedule as to when the provisions of this chapter will be complied with.
The Director of Public Service may, if he or she finds that the time for compliance is not possible due to circumstances beyond the control and without fault on the part of the petitioner grant a reasonable extension of time.
(Ord. 84-104. Passed 1-22-85.)
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