A. “Bingham Junction North” means that portion of the Bingham Junction property as depicted in Figure C attached to the ordinance codified in this chapter. Bingham Junction North was originally designated by the EPA as “Operable Unit 1” or “OU1.”

“Zone A” means that portion of Bingham Junction North for which only groundwater and monitoring well controls are needed, as depicted in Figure D attached to the ordinance codified in this chapter.

“Zone B” means that portion of Bingham Junction North that has additional soil management requirements, as depicted in Figure E attached to the ordinance codified in this chapter.

B. “Bingham Junction South” means that portion of the Bingham Junction property as depicted in Figure F attached to the ordinance codified in this chapter. Bingham Junction South was originally designated by the EPA as “Operable Unit 2” or “OU2.”

C. “Calcine area” means that portion of the Bingham Junction South property as depicted in Figure G attached to the ordinance codified in this chapter.

D. “Calcine material” consists of dense, fine-grained, purple-colored material and is located beneath demarcation materials within the calcine area. Calcine material contains relatively high levels of metals and has the potential to generate acidic conditions.

E. “Cap” means that portion of the Jordan Bluffs property where an engineered cap has been installed over mine wastes.

F. “Cap area” means that portion of the Jordan Bluffs property where the cap has been installed over tailings materials and other mine wastes, as depicted in Figure H attached to the ordinance codified in this chapter.

G. “City” means the city of Midvale, Utah.

H. “Clean fill” means a mixture of uncontaminated nonwater-soluble, nondecomposable, inert solid such as rock, soil or gravel, concrete, glass and/or clay or ceramic products. “Clean fill” shall not mean processed or unprocessed mixed construction and demolition debris. Material derived from a known source of contamination will not be considered clean fill unless sampled and approved by the city. Parties using clean fill will maintain a record of the source of the fill brought into the area and any sampling conducted on the fill material. This information will be provided to the city, UDEQ or EPA upon request.

I. “Consent Decree” means the Remedial Design/Remedial Action Consent Decree entered in the matter of United States v. Littleson, Inc., Civ. No. 2:99CV0757 ST (U.S. District Court, Utah, 2004).

J. “CUP” means conditional use permit.

K. “EPA” means the U.S. Environmental Protection Agency.

L. “EPA action level” means the level of lead, arsenic or cadmium that can remain safely in the soils. This level varies depending on the use of the property. The allowable levels of lead, arsenic and cadmium for Bingham Junction North and South for residential use are: arsenic seventy-three ppm, cadmium forty-nine ppm, and lead six hundred fifty ppm. The allowable levels of lead and arsenic for Jordan Bluffs East are: lead five hundred ppm and arsenic seventy ppm.

M. “ICs” or “institutional controls” means the land use requirements and restrictions contained in this chapter for the safe management of contaminants that may be found in the air, water or soils of Bingham Junction North, Bingham Junction South, and Jordan Bluffs.

N. “Jordan Bluffs West” means the portion of the property formerly known as the Sharon Steel Site that is overlain with an impermeable cap that requires special care, as depicted in Figure H attached to the ordinance codified in this chapter.

“Jordan Bluffs East” means the former mill area of the property formerly known as the Sharon Steel Site, that does not have an impermeable cap, as depicted in Figure I attached to the ordinance codified in this chapter.

O. “Materials management plan” means a plan submitted to Midvale City with respect to any construction activities at the site involving potentially contaminated materials and demonstrating that such construction activities will be in compliance with the ICs contained in this chapter.

P. “Multifamily use” means residential uses that do not include access to a yard that is owned and controlled by the resident, such as apartment complexes, condominiums, and multistory buildings.

Q. “National Ambient Air Quality Standards” means the air quality standards codified at 40 CFR Part 50 and promulgated by the EPA pursuant to Section 109 of the federal Clean Air Act, 42 U.S.C. 7401 et seq.

R. “Plume area” means that area within the Bingham Junction South and Bingham Junction North properties as depicted in Figure J attached to the ordinance codified in this chapter.

S. “POA” means property owners’ association.

T. “RCRA Subtitle D” means Subchapter IV of the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6941 through 6949a.

U. “RCRA Subtitle D landfill” means a landfill permitted and operated in compliance with RCRA Subchapter IV, including but not limited to landfills permitted and operated in compliance with Utah Administrative Code R315-301 through 311.

V. “Rights-of-way” means the public rights-of-way depicted in Figure K attached to the ordinance codified in this chapter and the portion of 7800 South that runs between Jordan Bluffs and Bingham Junction South.

W. “Riparian zone” means the area next to the Jordan River that is included in the park property owned by the city of Midvale.

X. “Single family use” means residential land uses that include access to a yard that is owned and controlled by the resident, such as traditional single, detached housing units.

Y. “Site” means the entire Jordan Bluffs, Bingham Junction North, and Bingham Junction South, and land areas.

Z. “SMP” means the site management plan relating to the Jordan Bluffs property, dated October 27, 2017.

AA. “Source area” means that area within the Bingham Junction South property as depicted in Figure L attached to the ordinance codified in this chapter.

BB. “Special inspector” means a registered professional engineer with the appropriate experience and knowledge to oversee implementation of applicable sections of this code. The special inspector will certify to the city that the applicable institutional controls set forth in this code have been followed in connection with such construction activities.

CC. “Surface cover” means clean soil or fill used as a final cover and barrier over slag, smelter wastes and native soils at Bingham Junction South and over native soils and slag at Bingham Junction North.

DD. “UDEQ” means the Utah Department of Environmental Quality.

EE. “Union Pacific property” means the real property located within the Bingham Junction South property that is owned by Union Pacific Railroad and used only for transportation purposes.

FF. “UTA” means the Utah Transit Authority.

GG. “UTA property” means the real property located within the Bingham Junction South property that is owned or controlled by the UTA and used only for transportation purposes.

HH. “Vapor mitigation area” means that area within the Bingham Junction property as depicted in Figure M attached to the ordinance codified in this chapter.

II. “Waste materials” means hazardous substances under Section 101(14) of CERCLA, 42 USC Section 9601(14); pollutants or contaminants under Section 101(33) of CERCLA; and solid waste under Section 1004(27) of RCRA, 42 U.S.C. Section 6903(27). (Ord. 2023-03 § 1 (Att. A); Ord. 6/26/2007O-8 § 1 (Exh. A (part)))