For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPRESSED GAS. Any material regulated as a compressed gas by the United States Department of Transportation through regulations found in 49 C.F.R. § 173.300.
COUNTY. Any and all county departments, agencies and contract agencies of the county, including but not limited to local fire departments which maintain a contract with the county for emergency services.
EMERGENCY RESPONSE. The providing, sending and/or utilizing of firefighting, emergency medical and rescue services by a fire department, or by a private industrial entity, corporation or other assisting government agency operating at the request or direction of the county, for an incident resulting in a hazardous substances and/or materials release or threatened release or the clean up or abatement of same.
EXPENSES OF AN EMERGENCY RESPONSE. The direct and reasonable costs incurred by the fire department, or by a private person, corporation or other assisting government agency, which is operating at the request or direction of the county, when making an emergency response to the hazardous substances and/or materials incident, including the costs of providing firefighting, rescue services, emergency medical services, containment storage, clean up and abatement of all hazardous conditions at the scene of the incident. The costs further includes all salaries and wages of fire department personnel responding to the incident, salaries and wages of county personnel engaged in the investigation, supervision and report preparation regarding said incident, all salaries and wages of personnel of assisting government agencies operating at the request or direction of the county, and all costs connected with the administration of the incident relating to any prosecution of the person(s) responsible, including those relating to the production and appearance of witnesses at any court proceedings in relation thereto. Costs shall also include such items as disposable materials and supplies used during the response to said incident, rental or leasing of equipment used for the specific response, replacement of equipment which is contaminated beyond reuse or repair during the response to said incident, special technical services and laboratory cost, and services and supplies purchased for any specific evacuation relating to said incident.
HAZARDOUS SUBSTANCES and/or MATERIALS. Include but are not limited to a chemical that is a combustible liquid, a flammable gas, explosives, flammables, oxidizing material, pyrophoric, unstable reactive or water reactive, radioactive materials, petroleum, petroleum products or gases, poisons and shall include all those materials and amounts that are designated to require Regional Response Hazmat Team (RRT) response.
OWNER. Any person having a vested or contingent interest in the premises, real property, personal property, container or vehicle involved in the hazardous substances and/or materials incident, including but not limited to any duly authorized agent or attorney, purchaser, devisee or fiduciary of said person having said vested or contingent interest.
OXIDIZING MATERIAL . Any material regulated as an oxidizing material by the United States Department of Transportation through regulations found in 49 C.F.R. § 173.151.
PERSON. Individuals, firms, joint ventures, partnerships, corporations, clubs and all associations or organizations of natural persons, either incorporated or unincorporated, howsoever operating or named, and whether acting by themselves or by a servant, contractor, employee, agent or fiduciary, and includes all legal representatives, heirs, successors and assignees thereof.
POISON. Any liquid or gas that is life threatening when mixed with air in small amounts and shall also include all those materials regulated as poison class A by the United States Department of Transportation through regulations found in 49 C.F.R. § 173.326.
PREMISES. Any lot or parcel of land.
RADIOACTIVE MATERIAL. Any material required by the United States Department of Transportation to have Type A packaging or other special protection or closed transport vehicles, under regulations found in 49 C.F.R. § 173.425.
RELEASE. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of a hazardous substance or material into the environment, or the abandonment or disposing of barrels, containers or other closed receptacles containing a hazardous substance.
RESPONSIBLE PARTY. The owner, operator, occupant or other person responsible for the operation, maintenance and/or condition of any building, premises, property or vehicle where an incident arises which involves the release or threatened release of hazardous substances and/or materials on or about said building, premises, property and/or vehicle.
THREATENED RELEASE. Any imminent or impending event potentially causing but not resulting in a release which causes the county to undertake emergency response.
VEHICLE. Any mode which is used as an instrument of conveyance, including but not limited to motor vehicles, railroads, boats, aircraft and the like.
(Ord. passed 3-20-2017)