For purposes of this chapter the following terms are defined:
1. “Cleanup” means the removal of hazardous substances to the place where the waste will not cause any danger to persons or the environment, in accordance with State of Iowa statutes, rules and regulations therefor, or the treatment of the material as defined in this chapter to eliminate the hazardous conditions, including the restoration of the area to a general good appearance without noticeable odor as far as practicable. The term “cleanup” includes all actions necessary to contain, collect, identify, analyze, treat, disperse, remove, or dispose of a hazardous substance and to restore the site from which such hazardous substance was cleaned up.
2. “Emergency action” means any action taken at or near the scene of a hazardous materials emergency incident to prevent or minimize harm to human health, to property or to the environment from the unintentional or intentional release of hazardous materials, by the cleanup or abatement of such materials.
3. “Hazardous condition” means any situation involving the actual, imminent, or probable spillage, leakage or release of a hazardous substance.
4. “Hazardous substance” means any substance or mixture of substances that presents a danger to the public health or safety or environment and includes but is not limited to a substance that is toxic, corrosive, or flammable or that is an irritant or that in confinement, generates pressure through decomposition, heat or other means. The following are examples of substances which, in sufficient quantity, may be hazardous: acids, alkalis, explosives, fertilizers, heavy metals such as chromium, arsenic, mercury, lead and cadmium, industrial chemicals, paint thinners, paints, pesticides, petroleum products, poisons, radioactive materials, sludge and organic solvents. The term “hazardous substance” includes any hazardous waste identified or listed by the administrator for the United States Environmental Protection Agency (EPA) through various Federal statutes.
5. “Responsible party” means any person who:
A. Owns or has custody of hazardous materials that are involved in an incident requiring emergency action; or
B. Owns or has custody of bulk or non-bulk packaging or a transport vehicle that contains hazardous materials and that is involved in an incident requiring emergency action; and
C. Causes or substantially contributes to the cause of the incident, whether intentionally or negligently.