§ 58-103. Definitions.

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

Dumping means the abandonment, improper disposal of, or discharge of barrels, drums, containers or any other closed receptacles containing a hazardous substance, which shall also be considered a nonapproved release.

Hazardous substance means one or more of the following:

(1)

A chemical or other material which is injurious to the public health, safety, welfare or to the environment or which poses a threat to waterways or the environment when released. This shall include all substances and materials classified as hazardous materials by the U.S. Department of Transportation.

(2)

"Hazardous substance" as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990, P.L. 96-510.94 Stat. 2767, or classified as a hazardous substance by the U.S. Environmental Protection Agency.

(3)

"Hazardous waste" as defined in the Hazardous Waste Management Act, Act No. 451 of the Public Acts of Michigan of 1994 (MCLA 324.11101 et seq., MSA 13A.11101 et seq.), as amended.

(4)

"Petroleum" as defined in the Leaking Underground Storage Tanks Act, Act No. 451 of the Public Acts of Michigan of 1994 (MCLA 324.21301 et seq., MSA 13A.21301 et seq.), as amended.

Nonpermitted releases include, but are not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, fire, explosion or disposing of a hazardous substance into the environment. The threat of a release will be treated the same as a release for cost recovery.

Operator means any person or entity which is in possession or control of any property, instrumentalities, equipment or vehicles which are involved in an occurrence resulting in enforcement of this article. Operator shall also mean any person or entity who through either negligence or intentional acts or omissions causes or contributes in whole or in part to an occurrence resulting in enforcement of this article.

Owner means any person or entity which has a legal interest in real or personal property which is involved in an occurrence resulting in enforcement of this article.

Permitted release means one or more of the following:

(1)

A release in compliance with an applicable, legally enforceable permit issued under state law.

(2)

A lawful and authorized discharge into a permitted waste treatment facility.

(3)

A federally permitted release as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, P.L. 96-510, 94 Stat. 2767.

(Code 1970, § 19-72)