Section 430.20  Definitions

"Accident" means a release that occurs unintentionally, for example, as a result of malfunctioning equipment or an Act of God.

"CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC 9601 et seq.).

"Emergency Planning District" means a district designated by the SERC in accordance with section 301(b) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), Title III (42 USC 11001(b)).

"Environment" means water, air and land and the interrelationship that exists among and between water, air and land and all living things.

"Etiologic Agent" means a disease-causing agent.

"Evacuation" means the withdrawal of any member of the general public from an area threatened by exposure to a hazardous material.

"Extremely Hazardous Substance" means any substance listed in appendix A of 40 CFR 355 (January 1, 2014).

"Facility" means all buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person who controls, is controlled by, or is under common control with, that person). For the purposes of this Part, the term includes motor vehicles, rolling stock and aircraft.

"General Public" means any individual not employed by, or authorized to be within the area under the control of, the person responsible for the hazardous material; the exclusion of employees from this definition applies only during actual hours of employment.

"Hazardous Material" means a substance or material that is designated a hazardous material pursuant to the Hazardous Materials Transportation Act (49 USCA 5101 et seq.).

"Hazardous Substance" means any substance listed in table 302.4 of 40 CFR 302 (January 1, 2014).

"IEMA" means the Illinois Emergency Management Agency.

"Incident" means a release that occurs intentionally, for example, as a result of sabotage or a permit violation, or intentionally disposing of hazardous materials in violation of federal or State statutes.

"Local Emergency Response Agency" means police, fire, civil defense or any other local government agency or department charged with the responsibility of responding to an accident involving a hazardous material or extremely hazardous substance.

"Local Emergency Planning Committee" or "LEPC" means the committee appointed by the SERC, in accordance with section 301(c) of SARA.

"Oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with wastes other than dredged spoil, and generally including, and of a large class of, oily, combustible substances that are liquid, or easily liquifiable on warming, and soluble in ether, but not in water.

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discharge of barrels, containers and other closed receptacles).  For the purposes of this Part, "release" includes the loss of containment of a reportable hazardous material or extremely hazardous substance that is not wholly contained within a building or structure inside plant or facility boundaries.

"Reportable Quantity" means any extremely hazardous substance that equals or exceeds the reportable quantity listed in appendix A of 40 CFR 355 and that equals or exceeds the reportable quantity listed in table 302.4 of 40 CFR 302 subject to the exemptions listed in 40 CFR 355.31 (January 1, 2014).

"Responsible Party" means the individual, partnership, corporation or association in control of any reportable hazardous material or extremely hazardous substance at the time of an accident or incident involving that reportable hazardous material or extremely hazardous substance.

"State Emergency Response Commission" or "SERC" means the Illinois Emergency Management Agency as appointed by the Governor in accordance with section 301 of SARA to carry out all State responsibilities required by that Act.

(Source:  Amended at 38 Ill. Reg. 21779, effective November 5, 2014)