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.
Any responsible person shall have the duty to reimburse the City for and shall be liable for the payment of all costs incurred as a result of any cleanup or abatement resulting from any emergency action taken by the City or any agency at the direction of the City, including, but not limited to: actual labor costs of City personnel (including worker’s compensation benefits, fringe benefits and administrative overhead) costs of equipment, operation and materials obtained directly by the City, replacement of expended supplies and other costs incurred. Costs incurred under this section shall not include costs of actual fire suppression services, which are normally or usually provided by the Fire Department. The City shall prepare and forward to the responsible person a bill for the total costs and expenses incurred for which such person is responsible pursuant to this section; provided however, any cost in connection with any independent cleanup contractor may be billed directly by such contractor. Payment of the total bill from the City shall be made within 30 days of receipt. Reimbursement of costs incurred by State or other agencies responding to any such incidents through mutual aid agreements or other protocols is covered in this section. The City, its Fire Department, their officers, agents, and employees shall not have any liability or responsibility for any claim, injury or damage of any kind resulting from emergency action taken in response to a hazardous materials incident to which they respond.