§ 103.01  DEFINITIONS.
   For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
   ABANDONMENT.  The act of leaving a thing with the intent not to retain possession of or assert ownership control over it. The intent need not coincide with the act of leaving. It is prima facie evidence of the necessary intent to abandon a vehicle, vessel or container containing a hazardous substance that:
      (1)   The vehicle, vessel or container has been left for more than two days unattended and unmoved; or
      (2)   License plates or other identifying marks have been removed from the vehicle, vessel or container; or
      (3)   The vehicle, vessel or container has been damaged or is deteriorated so extensively that it has value only for junk or salvage; or
      (4)   The owner/operator has been notified by a law enforcement agent to remove the vehicle, vessel or container and it has not been removed within 24 hours after notification.
   CONTAINER.  A receptacle used for the shipment or storage of goods that meets one or more of the following:
      (1)    Of permanent character and strong enough for repeated use; or
      (2)   A cargo container used to transport or store small quantities of materials, such as a box, drum, barrel, can or carboy; or
      (3)   Specifically designed to facilitate the carriage of goods by one or more modes of transportation without intermediate reloading.
   FIRE CHIEF.  The Fire Chief of the Village of Winthrop Harbor or his authorized representative.
      (1)   Any material as designated pursuant to the federal “Comprehensive, Environmental Response, Compensation and Liability Act of 1980,” 42 USC 9601 (14), as amended or as may be amended in the future;
      (2)   Any substance, material, waste or mixture designated as a hazardous material, waste or substance according to the provisions of 49 CFR or according to ILCS Ch. 430, Act 35, §§ 1 et. seq., as amended or as may be amended in the future, excluding highway route controlled quantities of radioactive materials as defined in 49 CFR and special fireworks as defined in 49 CFR 173.88(d) when the aggregate amount of the flash power does not exceed 50 pounds; or
      (3)   Any material listed on the Environmental Protection Agency Pollutants, 40 CFR 401.15, as amended, or as may be amended; or
      (4)   Any material which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class 2 combustible liquid, or a class 3 combustible liquid; or
      (5)   Any material which has been determined by the party storing it, or having control of it, through testing or other objective means, to be likely to create a significant potential or actual hazard to the public health, safety, or welfare or to the environment. This definitions shall not establish any requirement to test for the purposes of this section; or
      (6)   Any material which has been determined by the Fire Chief, through information based on appraisal and assessment from reliable resources, to be likely to create a significant potential or actual hazard to the public health, safety, or welfare or to the environment. The fact that the material in question is not designated as a hazardous substance pursuant to subsections (1) through  (5) of this definition, or is excluded by the legislation of NFPA classifications of subsections (1) through (4) of this definition does not preclude the Fire Chief from determining that the material is a hazard, given the totality of the particular facts and circumstances, existent at the time of the hazardous substance incident.
   HAZARDOUS SUBSTANCE INCIDENT.  Any circumstance involving the release or threatened release of a hazardous substance, which, in the judgment of an emergency response authority, whether the emergency response authority is the village, a MABAS agreement member unit, or a federal or state agency or other local agency, creates a significant potential or actual hazard to the environment or to the public health, safety, and welfare excluding risks associated with hazardous substances in the normal course of an individual's employment. The term includes those incidents of releasing or abandoning of a hazardous substance, whether or not such release or abandoning is found to threaten immediate and irreparable harm, but such term does not include any release of a hazardous substance authorized pursuant to federal, state, or local law or regulation.
   PERSON.  Any individual, public or private corporation, partnership, association, firm, trust, sole proprietorship, estate, state or any department, institution or agency thereof, any municipal corporation, county or other political subdivision of the state or any other legal entity whatsoever which is recognized by law as the subject of rights and duties and which is not subject to privilege or immunity from liability for a hazardous substance incident.
   RELEASE.  Any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leeching, dumping, vaporizing, evaporating, or disposing into the environment, but excludes:
      (1)   Any release which results in exposure to persons solely within a work place, with respect to a claim which such persons may assert against the employer of such person;
      (2)   Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or pipeline pumping station engine;
      (3)   Release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954, as amended, if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under Section 1870 of such Act;
      (4)   The normal application of fertilizer;
      (5)   A release authorized pursuant to any federal, state or local law or regulation.
   REMOVE OR REMOVAL.  The controlling, containing, isolating, or stabilizing of released hazardous substances from the environment or any action as may be necessary to be taken in the event of the threat of a release of hazardous substances or such actions as may be necessary to monitor, assess, and evaluate the release or threatened release of hazardous substances, the disposal of removed material, or the taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare or the environment which may otherwise result from a release or threatened release of hazardous substances. The term includes, in addition, but without limitation, security fencing, containment barriers or other measures to limit access to or spread of hazardous substances, provisions of alternative water supplies, temporary evacuation and housing of threatened individuals, any emergency assistance which may be provided under the Illinois Emergency Services and Disaster Agency Act of 1975, as amended or as may be amended, pursuant to a MABAS agreement.
   VEHICLE.  Any device which is capable of moving itself, or being moved, from place to place upon wheels or endless tracks. The term includes, but without limitation, automobiles, trucks, semi-tractor, semi-trailers, railroad engines and railroad cars.
   VESSEL.  Any craft which is made to float upon water or which does float upon water.
(Ord. 2001-O-16, passed 6-5-01)