For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"EMERGENCY ACTION." All exigent activities conducted in order to prevent or mitigate harm to the public health and safety and the environment from a release or threatened release of any material into or upon land, water or air.
"PERSON." Includes any individual, corporation, association, partnership, firm, trustee, legal representative, or any combination thereof.
"RECOVERABLE EXPENSES." Includes those expenses of the city that are reasonable, necessary and allocable to an emergency action. Recoverable expenses shall not include normal budgeted expenditures that are incurred in the course of providing what are traditional city services and responsibilities, such as routine firefighting protection. Expenses allowable for recovery may include, but are not limited to:
(1) Disposable materials and supplies consumed and expended specifically for the purpose of the emergency action;
(2) Compensation of employees for the time and efforts devoted specifically to the emergency action;
(3) Rental or leasing of equipment used specifically for the emergency action (that is, protective equipment or clothing, scientific and technical equipment);
(4) 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 (that is, self- contained breathing apparatus irretrievably contaminated during the response);
(5) Decontamination of equipment contaminated during the response;
(6) Special technical services specifically required for the response (that is, costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the city);
(7) Other special services specifically required for the emergency action;
(8) Laboratory costs of analyzing samples taken during the emergency action;
(9) Any costs of cleanup, storage, or disposal of the released material;
(10) Costs associated with the services, supplies and equipment procured for a specific evacuation of persons or property;
(11) Medical expenses incurred as a result of response activities;
(12) 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, injection, escaping, leaching, dumping, or disposing into or upon land, water or air, of any material which the city determines may be harmful to the public health and welfare or to the environment;
"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. passed 3-29-92)