As used in this subchapter, the following terms shall have the meanings ascribed to them, unless the context clearly indicates a different meaning is intended:
"EMERGENCY ACTION." The activities conducted in order to prevent or mitigate injury to human health or to the environment from a release or threatened release of any material into or upon the environment.
"PERSON." Any individual, corporation, association, partnership, firm, trustee, or legal representative.
"RECOVERABLE EXPENSE." Those expenses that are reasonable, necessary and allocable to the emergency action, but shall not include normal expenditures that are incurred in the course of providing what are traditionally routine local services and responsibilities, such as routine firefighting. Expenses allowable for recovery may include, but are not limited to:
(A) Disposable materials and supplies acquired, consumed and expended specifically for the purpose of the emergency action.
(B) Compensation of employees for the time and efforts devoted specifically to the emergency action.
(C) Rental or leasing of equipment used specifically for the emergency action (such as protective equipment or clothing, scientific and technical equipment).
(D) Replacement costs for equipment owned by the city that is contaminated beyond reuse or repair, if the equipment was a total loss and the loss occurred during the emergency action (such as self-contained breathing apparatus irretrievably contaminated during the response).
(E) Decontamination of equipment contaminated during the response.
(F) Special technical services specifically required for the response (such as costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the city).
(G) Other special services specifically required for the emergency action.
(H) Laboratory costs of analyzing samples taken during the emergency action.
(I) Costs of cleanup, storage, or disposal of the released material.
(J) Costs associated with the services, supplies and equipment procured for a specific evacuation.
(K) Medical expenses incurred as a result of response activities.
(L) Legal expenses that may be incurred as a result of the emergency action, including efforts to recover expenses pursuant to this subchapter.
"RELEASE." Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into or upon the environment, which causes danger or harm to the public health or to the environment, including, but not limited to, the release of any material classified as hazardous material by any federal legislation or regulation, by any state legislation or regulation, or by any city ordinance.
"THREATENED RELEASE." Any imminent or impending event potentially causing but not resulting in a release, but causing the city to undertake an emergency action.
(Ord. No. 17-94, 11-1-94)