Section R8-2-601. Definitions

The following definitions apply in this Article, unless the context requires otherwise:

1.        “Authorized  instructor”   means  an  individual   who  the Division determines meets the criteria at R8-2-602.

2.        “Director” means the director of the Division.

3.        “Division” means the Arizona Division of Emergency Management.

4.        “Evidence of Completion” means a document issued by the Division to an individual who successfully completes a standardized course of instruction.

5.        “Hazmat First Responder Awareness Level personnel” means individuals who are likely to witness or discover a hazardous material release and who are trained to initiate an emergency response sequence by notifying the proper authorities of the release.

6.        “Hazmat First Responder Operations Level operatives” means individuals who are trained to respond in a defen- sive fashion without actually trying to stop a hazardous material release.

7.        “Hazardous materials” means:

a.         Any material designated under the hazardous mate- rials transportation act of 1974 (49 U.S.C. 1801);

b.        Any element, compound, mixture, solution, or sub- stance designated under the comprehensive environ- mental response, compensation, and liability act of 1980 (42 U.S.C. 9602);

c.         Any substance designated in the emergency plan- ning and community right-to-know act of 1986 (42

U.S.C. 11002).

d.        Any substance designated in the water pollution control act (33 U.S.C. 1317(a) and 1321(b)(2)(A));

e.         Any hazardous waste having the characteristics identified under or listed under A.R.S. § 49-922;

f.         Any imminently hazardous chemical substance or mixture with respect to which action is taken under the toxic substances control act (15 U.S.C. 2606);

g.        Any material or substance determined to be radioac- tive under the atomic energy act of 1954 (42 U.S.C. 2011);

h.        Any substance designated as a hazardous substance under A.R.S. § 49-201; and

i.         Any highly hazardous chemical or regulated sub- stance as listed in the clean air act of 1963 (42 U.S.C. 7401-7671).

8.        “Hazardous materials incident” means an uncontrolled, unpermitted release or potential release of hazardous materials that presents an imminent and substantial dan- ger to the public health or welfare or to the environment.

9.        “Hazardous materials response experience” means knowledge and skills gained by responding to hazardous materials incidents.

10.     “Instructor requirements” means the criteria listed at R8- 2-602 for authorization as an instructor by the Division.

11.     “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, but excludes:

a.         Release that results in exposure to persons solely within a workplace, with respect to a claim that the persons may assert against their employer;

b.        Emissions from the engine exhaust of a motor vehi- cle, rolling stock, aircraft, vessel, or pipeline pump- ing station engine;

c.         Release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954, if the release is subject to financial protection require- ments established by the Nuclear Regulatory Com- mission under section 170 of the Act, or for the purposes of section 104 of the Comprehensive Envi- ronmental Response, Compensation, and Liability Act or any other response action, any release of source, byproduct, or special nuclear material from

any processing site designated under section 102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978; and

d.        Normal application of fertilizer.

Historical Note

Adopted effective March 29, 1988 (Supp. 88-1).

Amended by final rulemaking at 9 A.A.R. 309, effective March 18, 2003 (Supp. 03-1).