§ 24-603 Definitions.
When used in this chapter:
a. "disposal" means the placing of any hazardous substance into or on any land or water so that such hazardous substance or any constituent thereof may be released into the environment.
b. "hazardous substance" means each listed hazardous substance or any other chemical substance which when released into the environment may present a substantial danger to the public health or welfare or the environment.
c. "listed hazardous substance" means any substance listed in accordance with section 24-609.
d. "person" means any individual, trust, firm, corporation, joint stock company, association, partnership, consortium, joint venture, commercial entity or governmental entity.
e. "release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, or the abandonment of a container or containers containing hazardous substance or substances.
f. "response measures" include actions taken by a city agency or ordered to be taken by a city agency: (1) to prevent, minimize or mitigate the release of hazardous substances so that they do not migrate to, or in any other manner, cause or threaten to cause substantial danger to the public health or welfare or the environment, (2) to clean up or remove released hazardous substances from the environment, and (3) which are necessary and appropriate to protect the public health or welfare or the environment from an immediate and substantial danger caused by a release or a substantial threat of a release of a hazardous substance into the environment, including but not limited to security measures to protect the public.
g. "responsible person" means
(1) any owner, operator, lessee, occupant or tenant, other than a residential lessee, occupant or tenant, of property at the time there is a release, or a substantial threat of a release, of a hazardous substance from such property into the environment or at the time of any response measures implemented in connection with any emergency involving such release or threat of release, provided that if such property is comprised of an owner-occupied residential building consisting of six or fewer dwelling units used exclusively for residential purposes, an owner of such property shall be deemed to be a "responsible person" for purposes of this paragraph, only if the willful, knowing, reckless or negligent acts or omissions of such owner caused or substantially contributed to such release or threat of release, and further provided that a federal or state chartered and regulated financial institution which has received title to the property through abandonment, foreclosure, a deed in lieu of foreclosure, or through a judicial or bankruptcy order shall not be deemed to be a "responsible person" for purposes of this paragraph, unless (i) willful, knowing, reckless or negligent acts or omissions of such person caused or substantially contributed to such release or threat of release, or (ii) the title was received in order to secure the underlying credit extension which had been entered into for the purpose of assisting the responsible person in avoidance of the provisions of this chapter, or
(2) any person whose acts or omissions caused or substantially contributed to a release, or a substantial threat of a release, of a hazardous substance into the environment, provided that where there is a release, or a substantial threat of a release, of a hazardous substance into the environment from property used for residential purposes, a person using such property as a residence and any invitee or licensee of such person who enters such property, other than an invitee or licensee engaged in a business involving the use or transport of any hazardous substance, shall be deemed to be a "responsible person" for purposes of this paragraph, only if the willful, knowing, reckless or negligent acts or omissions of such person or invitee caused or substantially contributed to such release or threat of release, or
(3) any owner, operator, lessee, occupant or tenant of the property at the time of disposal of any hazardous substance thereon, who had caused, authorized or permitted such hazardous substance to be so disposed, where there is a release, or a substantial threat of a release, of such hazardous substance into the environment, or
(4) any person who, pursuant to contractual arrangement, accepts or has accepted any hazardous substance for transport, transports such hazardous substance and there is a release, or a substantial threat of a release, of such hazardous substance into the environment, or
(5) any person who by contract, agreement, or otherwise arranged for disposal or treatment or arranged with a transporter for transport for disposal or treatment of a hazardous substance owned or possessed by such person, and there is a release, or a substantial threat of a release, of such hazardous substance into the environment; provided, however, that no person, who is an entity independent from an otherwise responsible person, authorized by the commissioner of environmental protection to implement response measures at the site of a release, or a threat of a release, of a hazardous substance into the environment, shall be deemed to be a "responsible person" solely on the basis of any authorized response measures attempted or implemented by such person at such site, unless such person's willful, knowing, reckless or negligent acts or omissions caused or substantially contributed to a release, or a substantial threat of a release, of a hazardous substance into the environment.
h. "treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous substance so as to neutralize such substance or so as to render such substance nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of a hazardous substance so as to render it non-hazardous.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/042.
