§ 12.05.020. Definitions.

For the purpose of this chapter, these words have the following meanings:

(1)

"Cleanup" means action necessary to contain, collect, control, identify, analyze, clean up, treat, disperse, remove, or dispose of a hazardous substance or hazardous waste.

(2)

"Hazardous condition" means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance or hazardous waste onto the land, into the water, or into the atmosphere which creates an immediate or potential danger to the public health or safety.

(3)

"Hazardous substance" means any substance or mixture of substances that presents a danger to the public health or safety and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant or that generates pressure through decomposition, heat, or other means. "Hazardous substance" may include any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, as amended or any toxic pollutant listed under Section 307 of the Federal Water Pollution Control Act as amended or any hazardous substance designated under Section 311 of the Federal Water Pollution Control Act as amended, or any hazardous material designed by the secretary of transportation under the Hazardous Materials Transportation Act.

(4)

"Hazardous waste" means a waste or combination of wastes that, because of its quantity, concentration, biological degradation, leaching from precipitation, or physical, chemical, or infectious characteristics, has either of the following effects:

(a)

Causes or significantly contributes to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

(b)

Poses a substantial danger to human health or the environment. "Hazardous waste" may include, but is not limited to, wastes that are toxic, corrosive, or flammable or irritants, strong sensitizers or explosives.

(5)

"Hazardous waste" does not include:

(a)

Agricultural wastes, including manures and crop residues that are returned to the soil as fertilizers or soil conditioners;

(b)

Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 1979.

(6)

"Person" means individual, corporation, firm, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

(7)

"Responsible person" means a person who at any time produces, handles, stores, uses, transports, refines, or disposes of a hazardous substance or hazardous waste, the release of which creates a hazardous condition, including bailees, carriers, and any other person in control of a hazardous substance or hazardous waste when a hazardous condition occurs, whether the person owns the hazardous substance or waste or is operating under a lease, contract, or other agreement with the legal owner of the hazardous substance or waste.

(Ord. No. 6370, § 1, 10-22-2018).