§ 11-93. Definitions.

The following words, terms and phrases, when used in the fire prevention codes adopted under this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Acute hazardous waste means a waste listed in 40 CFR 261.31, 261.32 and 261.33(e), as amended.

Chief means the fire marshal or his delegate.

Commercial means a business which is engaged in material-handling, wholesale operations or sales, or retail sale.

Extremely hazardous substance means a substance listed in the appendices to 40 CFR 355.

Facility means any land, building, equipment, structure, stationary item, or, adjacent sites owned, leased, operated by the same business (contained within the same address) will be considered a single permittable site. Any of the above items located at sites with separate addresses (even though they have the same owner) will be considered separate permittable sites.

Handles or handling means uses or using of, disposes or disposing of, generates or generating of, processes or processing of, treats or treating of, or stores or storing of.

Hazard category means the five physical or health classes defined in 40 CFR 370.2.

Hazard class means the class of hazardous materials authorized for transportation by 49 CFR subchapter C.

Hazardous chemical means any hazardous chemical as defined under 29 CFR 1910.1200(c).

Hazardous material means a material subject to 49 CFR subchapter C, including those:

(1)

Defined at 49 CFR 171.8 or 171.11, as amended; or

(2)

Listed in the hazardous materials table at 49 CFR 172.101 or 172.102, as amended, for any transportation mode; and

(3)

Any other substance determined by the fire department, state OSHA or federal OSHA to pose a significant health and safety hazard.

The term "hazardous materials" does not include food, drugs, alcoholic beverages, cosmetics, tobacco or tobacco products intended for personal consumption.

Hazardous waste means waste as defined in 40 CFR 261, as amended.

Industrial means a business engaged in janitorial, maintenance, engineering, building or other types of service operations.

Manufacturer or manufacturing means a business engaged in the production of materials or market items.

Municipality means the city.

Person means the owner, operator or manager of any entity or any other individual in charge of handling hazardous materials, hazardous chemicals or hazardous wastes and includes but is not limited to individuals, trusts, corporations (including governmental corporations), partnerships, joint ventures or a state or political subdivision thereof.

Public event is described as an organized gathering of 20 or more people, accessible to the general public, for purposes such as civic, social or religious functions, recreation or food or drink consumption.

Release means any spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping or disposing of a hazardous material into or on any land, air, water, well, stream, sewer or pipe so that such hazardous material or any constituent thereof may enter the environment.

Remedial action means any action consistent with permanent remedy taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous material into the environment, to prevent or minimize the release of hazardous materials so that they do not migrate to cause a substantial present or potential hazard to human health, property or the environment. The term includes, but is not limited to, such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches, or ditches, clay cover, neutralization, cleanup of released hazardous materials or contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, repair or replacement of leaking containers, collection of leachate and runoff, onsite treatment or incineration, provision of alternate water supplies, and any monitoring reasonably required to assure that such actions protect the public health and welfare and the environment.

Removal means the cleanup or removal of released hazardous materials from the environment, such actions as may be necessary or appropriate to monitor, assess, and evaluate the release or threat of release of hazardous materials, the disposal of removed material, or the taking of such action as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or the environment. The term includes, but is not limited to, security fencing, provision of alternative water supplies, and temporary evacuation of threatened individuals.

Response means any removal or remedial action.

Satellite means any portable or mobile container including tanks, trailers, sheds or similar equipment or structures in which any hazardous material is handled, and which is temporarily located at a fixed site owned or leased by another, including a public way in the City of Peoria.

Threshold planning quantity means the amount of an extremely hazardous substance as defined in 40 CFR 355, as amended.

Tier II inventory form means the hazardous chemical inventory forms set forth in 40 CFR 370.41, as amended.

Transshipment facility means any land, building, equipment, structure, stationary item or combination thereof that is located on a single site or on contiguous of adjacent sites owned, leased, operated or otherwise controlled by the same person, whose principal business consists of the handling of materials, including the handling of hazardous materials or hazardous wastes while such material remains in the stream of interstate, intrastate or international commerce.

(Code 1957, § 12-40; Ord. No. 14463, § 1, 3-3-98; Ord. No. 15955, § 1, 6-6-06)

Cross reference— Definitions and rules of construction generally, § 1-2.

Note— It should be noted that additional definitions pertinent to this section are listed in Section 1 of the Peoria Fire Department Manual on Hazardous Materials Standards and Regulations.