For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COSTS. Includes, but is not limited to, those expenses incurred responding to each incident that would not have been incurred if there was no incident. These COSTS shall include equipment and operating costs of the fire department including salaries, consumables, training, apparatus and equipment, both direct and indirect; including those for which funds are not provided in the city’s annual budget:
(1) All costs incurred for mitigation at a motor vehicle accident or fire incident;
(2) All costs incurred for mitigation, containment and/or removal and disposal of hazardous materials or remedial actions to include costs associated with transportation and temporary storage of hazardous materials;
(3) All costs incurred for ensuring the safety of the public to include costs incurred for hazard mitigation actions taken at the site of the motor vehicle accident or fire incident;
(4) Damages for injury to, destruction of or loss of natural resources, as determined by the appropriate local, state or federal agency, including the reasonable costs of assessing such injury, destruction or loss resulting from a motor vehicle accident, fire incident or hazardous material incident;
(5) Health care costs for persons injured from a motor vehicle accident or fire incident, including all medical assessment and treatment provided by first responders, EMTs and paramedics at the scene prior to ambulance transport, if necessary;
(6) Health care costs for persons or animals injured from a hazardous material incident or costs of any health effects study carried out as a necessity resulting from a hazardous material incident;
(7) All costs incurred for response and remedial actions to disasters and large-scale accidents or events to include, but not limited to, cost associated with capture, transport and housing of animals; medical treatment of injured animals and the like;
(8) Labor including benefits, overtime and administrative overhead for government employees;
(9) The hourly costs of operating equipment, the costs of maintaining, leasing, repairing and replacing equipment, and any and all damage to equipment;
(10) Contract labor and equipment;
(11) Labor and equipment obtained by city, its agencies or agents;
(12) Materials, including, but not limited to, medical supplies such as “C” collars, drug administration by trained first responders, EMTs and/or paramedics;
(13) Materials, including, but not limited to, absorbents, foams, dispersants, neutralization agents, over pack drums or containers, dart tranquilizers, euthanasia solutions and the like; and
(14) Supervision of response.
FIRE. A state, process or instance of combustion in which fuel or other material that is ignited and combined with oxygen, giving off light, heat and flame.
FIRE INCIDENT. A situation in which a structure, vehicle, equipment or grass is on fire.
HAZARDOUS MATERIALS. Any substance or material defined, listed, characterized or classified as a hazardous material, hazardous substance, hazardous waste or toxic substance according to any or all of the following: 40 C.F.R. part 261 (Identification and Listing of Hazardous Wastes); 40 C.F.R. §§ 302.1 through 302.4 (Designation of Hazardous Substances); 40 C.F.R. part 355, App. A and B (List of Extremely Hazardous Substances and their Threshold Planning Qualities); 49 C.F.R. parts 172.101 and 172.102 (Hazardous Materials Table); as amended.
HAZARDOUS MATERIALS INCIDENT. Actual or threatened release of hazardous substances or material, including hazardous waste, which pose an imminent threat to the environment and to health, safety or welfare of the population.
HAZARDOUS SUBSTANCE. Includes any solution, mixture or formulation containing hazardous material, or any material which, due to its chemical or physical characteristics, is determined by the county to pose a substantial threat to the life, health or safety of persons or property or the environment. The term includes, but is not limited to, explosives, radioactive materials, petroleum products, gases poisons, biologic agents, flammables and corrosives.
MITIGATION. The provision of emergency and non-emergency assistance during and following an incident and to reduce the likelihood of secondary damage facilitating and enabling emergency services (both medical and non-medical) to be performed in a safe environment for all involved and uninvolved parties as is medical directive standard operating procedure requirements per the State Committee of Public Health.
MOTOR VEHICLE. Every self-propelled vehicle which is designed for use upon a highway, including trailers and semi-trailers designed for use with such vehicles, trains and any other mobile equipment.
MOTOR VEHICLE ACCIDENT. A situation in which a motor vehicle collides with another motor vehicle, cargo, pedestrian, animal or geographical or architectural obstacle or other hazard.
MUNICIPALITY. The City of Etowah within or outside of specified response area.
NATURAL RESOURCES. Land, fish, wildlife, biota, water, ground water, drinking water supplies and other such resources belonging to, managed by, held in trust by, appertaining to or otherwise controlled by the county, its agencies or agents and the municipalities.
PERSON. An individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, governmental entity or any other legal entity.
RESPONSIBLE PARTY. The person(s) whose act or omission causes an incident; or the person(s) who owned or had custody or control of the motor vehicle, structure or hazardous substance or waste at the time of such incident or proximate cause; or the person(s) who owned or had custody or control of the container which held the hazardous substance at the time or immediately prior to such release (as determined by the involved party(ies), the involved parties insurance carrier(s) or the court of competent jurisdiction).
(Ord. 721, passed 4-23-2012)