As used in this chapter, the following words and phrases shall have the meaning indicated, unless the context otherwise requires:
“COSTS” means those expenses that are incurred as a direct result of the hazardous materials incident, including but not limited to the following:
(1) All reasonable and necessary costs incurred for response, incident assessment, control, containment and abatement of a hazardous materials incident, to include costs associated with transportation and temporary storage of hazardous materials if such transportation and temporary storage is necessary to control and contain the hazardous materials incident.
(2) All reasonable and necessary costs incurred by the community or response organization for ensuring the safety of the public, both on and off the site of the hazardous materials incident.
(3) The costs of repairing or replacing equipment if said equipment was damaged or destroyed as a direct result of the hazardous materials incident.
(4) The costs of equipment, including rental equipment, utilized by the community to the extent such labor and equipment is necessary for response, incident assessment, control, containment and abatement of the immediate hazard.
(5) Contract labor and equipment utilized by the community or response organization for response, incident assessment, control, containment and abatement of the immediate hazard.
(6) Overtime costs for compensation of the community or response organization for the time devoted specifically to the incident.
(7) Labor and equipment utilized by the community via a mutual aid agreement for response, incident assessment, control, containment and abatement of the immediate hazard.
(8) Disposable materials and supplies consumed and expended as a result of the incident, including but not limited to, absorbents, foams, neutralization agents, over pack drums or containers.
(9) Decontamination of equipment that is contaminated during the incident.
(10) Laboratory costs for purposes of analyzing samples taken during the release.
(11) When responding to a hazardous material incident, the response agencies shall keep a detailed record of the costs attributable thereto.
“HAZARDOUS MATERIAL” means a substance or material that the United States Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see: 49 C.F.R. 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of subchapter C of this chapter.
“HAZARDOUS MATERIAL INCIDENT” means actual or threatened release of a hazardous substance or material, including hazardous waste, which poses an imminent threat to the environment and to the health, safety or welfare of the population and requires response, incident assessment, control, containment and abatement of the immediate hazard.
“PERSON” means an individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, governmental entity, or any other legal entity.
“RELEASE” means the accidental or intentional, sudden or gradual spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers and other receptacles containing any hazardous material or substance or waste or pollutant or contaminant) whether such release occurs from a fixed facility or while the materials are being transported.
“RESPONDER” means any person authorized to participate in [the political subdivision's] coordinated response to a hazardous material incident.
“RESPONSE” means the provision of authorized assistance during and following an incident and to reduce the likelihood of secondary damage, and may include incident assessment, control, containment and abatement of the immediate hazard.
"RESPONSIBLE PARTY" means the person or persons who cause or allow a release of a hazardous material or substance, or who owned or had custody or control of the hazardous material or substance at the time of such release, or who owned or had custody or control of the container which held the hazardous material or substance at the lime of or immediately prior to such release, without regard to fault or proximate cause.
(Ord. 2-2010, passed 3-9-10)