§ 8-21. Definitions.

City. The City of Mt. Carmel, Illinois, and departments herein include, but are not limited to: fire department, police department, street department, water department and sewer department.

Cleanup. "Cleanup" includes all the activities necessary to contain, collect, analyze, treat, disperse, remove and dispose of hazardous materials and/or environmentally damaging substances and to restore the site to pre-incident condition.

Cleanup contractor. A person, company or corporation that performs cleanup activities at hazardous materials release sites.

Costs. All expenses incurred by the city for any fire fighting, medical treatment, remedial, removal, or cleanup activities involving a hazardous material or environmentally damaging substance release or threatened release of fire. Costs include, but are not limited to, contractual services, wages, salaries, damaged or destroyed equipment, spill control supplies, protective clothing, fire fighting or vapor suppressing foam, medical care and medical supplies. Costs include expenses incurred for the supervision and verification of remedial and cleanup activities. Costs shall not include the expense of actual fire suppression services and emergency medical services which are normally or usually provided to the public by the city and which are unrelated to hazardous materials or environmentally damaging substances.

Environmentally damaging substances. Any substance which, if spilled or released into the environment in sufficient quantity that will cause actual or potential public health risks or damage to the environment if not "cleaned-up".

Extremely hazardous substances. Products that have an extremely high degree of toxicity.

Facility. Any building, structure, installation equipment, pipe or pipeline including, but not limited to, any pipe into a sewer or publicly owned treatment works, well pit, pond, lagoon, impoundment ditch, landfill storage container, motor vehicle, rolling stock or aircraft or any other thing into which substances have been deposited, stored or transported.

Fire department. The City of Mt. Carmel Fire Department.

Hazardous materials. Substances or materials in quantity and/or forms which may pose an unreasonable risk to public health, safety or the environment, when stored, transported or used in commerce. Such materials include, but are not limited to, explosives, blasting agents, chemicals, poisons, flammable gases, corrosives, oxidizers, organic peroxides, flammable solids, radioactive materials or etiological agents. Hazardous materials also include hazardous substances and hazardous wastes.

Hazardous substances. Any substances designated under the Clean Water Act and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USC Sec. 9601 et seq.), as now or hereafter amended, as posing a threat to the waterways and the environment when released and that can produce an adverse effect on the public health or safety.

Hazardous waste. Discarded materials under Resource Conservation and Recovery Act (RCRA) (42 USC Sec. 9601 et seq.), regulated by the United States Environmental Protection Agency because of public health and safety concerns.

Incident. A fire, release or threatened release, of hazardous materials or environmentally damaging substances.

Owner. Owner includes both legal and beneficial title or interest holder and is not limited to record title holder.

Person. Any individual, business, firm, partnership, corporation, association, trust, estate, joint venture, or other legal entity, or their legal representative or agent.

Placard vehicle. A vehicle, that when transporting hazardous materials, is required by the United States Department of Transportation to be marked with placards to warn emergency responders of the hazardous cargo, pursuant to the Hazardous Materials Transportation Act, USC Sec. 1801 et seq.

Release. Any spills, leaking, pumping, pouring, emitting, escaping, emptying, discarding, injecting, leaching, dumping, disposing, exploding, or burning of hazardous materials or environmentally damaging substances.

Remedial action. Any action consistent with the remediation of a release or the prevention of a threatened release of hazardous materials or environmentally damaging substances into the environment. The term includes, but is not limited to, actions at the location of a release such as diking, damming, trenching, covering, diverting, foaming, neutralizing, isolating, burning, closing, plugging, moving, repairing, transferring, recycling, etc. The actions required may also include the evacuation, sheltering and feeding of people, provision of alternative water supplies and other activities to protect the public health and welfare and the environment.

Responsible party or parties. The "responsible party" includes the following:

(1)

The owner and operator of a facility or vessel from which there is a fire or release or threatened release of hazardous materials or environmentally damaging substances;

(2)

Any person who at the time of disposal, transport, storage, or treatment of hazardous materials or environmentally damaging substances owned or operated the facility or vehicle used for such disposal, transport, treatment or storage from which there was a fire, release, or threatened release of hazardous materials, or environmentally damaging substances;

(3)

Any person who by contract, agreement, or otherwise has arranged with another party or entity for transport, storage, disposal, or treatment of hazardous materials, or environmentally damaging substances owned, and operated by another party or entity from which there is a fire, release, or threatened release of such hazardous materials or environmentally damaging substances;

(4)

Any person who accepts any hazardous materials or environmentally damaging substances for transport to disposal, storage, or treatment sites from which there is a fire, release, or threatened release of hazardous materials or environmentally damaging substances;

(5)

Any person who owned, operated or otherwise controlled activities at any abandoned facility or vehicle immediately prior to abandonment.

(Ord. No. 834, § 1, 12-6-04)