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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A.R.S. §§ 49-281, 49-283, and 49-285 are incorporated and adopted as part of this subchapter as if fully set forth herein, except as noted in this subchapter. The Yuma City Fire Chief, or his designate, is denominated instead of the “director.”
FACILITY. Any land, building, installation, structure, equipment, device, conveyance, area, source, activity, or practice, from which there is, or with reasonable probability may be, a release.
HAZARDOUS SUBSTANCE. This term has the same meaning as prescribed in A.R.S. § 49-201, but does not include petroleum as defined in A.R.S. § 49-1001.
RELEASE. In accordance with A.R.S. § 49-281, this term means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, dumping or disposing into the environment or placing of any pollutant into or on any land or water so that the pollutant or any constituent of the pollutant may enter the environment or be discharged into any waters, including aquifers.
REMEDIAL ACTIONS. Those actions which the Fire Chief determines are reasonable and necessary in the event of a release or threat of release of hazardous substances into the environment such that the waters of the state are or may be affected, such actions as may be necessary to monitor, assess and evaluate such release, or threat of release, or taking such other actions as it may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the waters of the state which may otherwise result from a release or threat of release of a hazardous substance that will or may affect the waters of the state. REMEDIAL ACTIONS may include community information and participation costs, providing alternative drinking water supply, remediation, or removal or disposal of hazardous substances.
RESPONSIBLE PARTY. A person responsible for the release or threat of release of a hazardous substance if the person:
(1) Owned or operated the facility:
(a) When the hazardous substance was placed or came to be located in or on the facility.
(b) When the hazardous substance was located in or on the facility but before the release.
(c) During the time of the release or threat of release.
(2) Owned or possessed the hazardous substance and arranged, by contract, agreement, or otherwise, for the disposal, treatment or transport for disposal, or treatment of the hazardous substance.
(3) Accepted for transport to a disposal or treatment facility waste that contained a hazardous substance and either selected the facility to which it was transported or disposed of it in a manner contrary to law.
(4) Or as otherwise described in accordance with A.R.S. § 49-283.
('80 Code, § 11.5-21) (Ord. 2636, passed 11-17-93)