Page:United States Statutes at Large Volume 104 Part 4.djvu/930

 104 STAT. 3246 PUBLIC LAW 101-615—NOV. 16, 1990 materials. Such term includes, at a minimum, an individual who is employed by a hazmat employer and who in the course of the individual's employment— "(A) loads, unloads, or handles hazardous materials; "(B) reconditions or tests containers, drums, and packages represented for use in the transportation of hazardous materials; "(C) prepares hazardous materials for transportation; "(D) is responsible for the safety of the transportation of hazardous materials; or "(E) operates a vehicle used to transport hazardous materials. "(6) HAZMAT EMPLOYER.— The term 'hazmat employer' means a person— "(A)(i) who transports in commerce hazardous materials, "(ii) who causes to be transported or shipped in commerce hazardous materials, or "(iii) who reconditions or tests containers, drums, and packages represented for use in the transportation of hazardous materials; and "(B) who utilizes 1 or more of its employees in connection with such activity. Such term includes an owner-operator of a motor vehicle which transports in commerce hazardous materials. Such term includes any department, agency, or instrumentality of the United States, a State, a political subdivision of a State, or an Indian tribe engaged in an activity described in subparagraph (A)(i), (A)(ii), or (A)(iii). "(7) IMMINENT HAZARD. —The term 'imminent hazard' means the existence of a condition which presents a substantial likelihood that death, serious illness, severe personal injury, or substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion of an administrative hearing or other formal proceeding initiated to abate the risks of those effects. "(8) INDIAN TRIBE.—The term 'Indian tribe' shall have the meaning given that term under section 4 of the Indian Self- Determination and Education Act (25 U.S.C. 450b). "(9) MOTOR CARRIER. — The term 'motor carrier' means a motor common carrier, motor contract carrier, motor private carrier, and freight forwarder as those terms are defined in section 10102 of title 49, United States Code. "(10) NATIONAL RESPONSE TEAM.— The term 'National Response Team' means the national response team established pursuant to the National Contingency Plan as established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. "(11) PERSON.— The term 'person' means an individual, firm, copartnership, corporation, company, association, joint-stock association, including any trustee, receiver, assignee, or similar representative thereof, or government, Indian tribe, or agency or instrumentality of any government or Indian tribe when it offers hazardous materials for transportation in commerce or transports hazardous materials in furtherance of a commercial enterprise, but such term does not include (A) the United States Postal Service, or (B) for the purposes of sections 110 and 111 of

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