§ 97.02 DEFINITIONS.
   As used in this chapter, unless the context clearly requires otherwise:
   "COSTS." All expenses incurred by the city or any agent of the city, including the HAZMAT TEN Regional Hazardous Materials Response Team, mutual aid providers, and other local public safety or emergency services agencies in responding to a release or threatened release of a hazardous material. The term includes, but is not limited to, expenses for salaries and personnel benefits of employees who respond to a hazardous material release or threatened release, including lost wages of volunteer personnel; the expenses incurred to replace materials, supplies, vehicles, and equipment expended or contaminated or damaged in response to a release or threatened release of a hazardous material; the expenses incurred to properly clean-up, restore, or dispose of contaminated vehicles, equipment, supplies, and materials involved in response to a release or threatened release of a hazardous material; the logistical expenses incurred for food, lodging, utilities, fuel, services, sanitation, medical surveillance or treatment, evacuation, and rental; and other personnel, health, medical, safety operating, support, logistical, maintenance, or administrative expenditures made to support the response to a release or threatened release of a hazardous material, including any legal expenses incurred in recovering costs as described in this chapter.
   "FIXED FACILITY." Any building, structure, installation, storage container, equipment, pipe, or pipeline (including any pipe into a sewer or publicly-owned treatment system), well, pit, pond, lagoon, impoundment, reservoir, ditch, landfill site, or immobile vessel where a hazardous material is stored, deposited, disposed of, abandoned, placed, or otherwise is located. Consumer products as defined in 15 U.S.C. § 2052, in consumer use and vessels, are not included.
   "HANDLER." A person that stores, maintains, treats, processes, uses, generates, disposes of, transports, controls, manages, or otherwise possesses a hazardous material.
   "HAZARDOUS MATERIAL." A substance (gas, liquid, solid, or semi-solid) capable of creating harm to people, property, and the environment, including but not limited to, any element, commodity, compound, chemical, substance, mixture, waste, or any combination thereof, that is toxic, flammable, explosive, incendiary, corrosive, radioactive, an oxidizer, organic peroxide, an etiological or biological agent, carcinogenic, or highly reactive when mixed with other substances.
   "MOBILE CARRIER." Motor vehicles, cargo tanks, box trailers, rolling stock, rail tank cars, locomotive engines, aircraft, barges, boats, or other motorized vehicles or commodity containers used in transportation of a hazardous material.
   "OWNER/OPERATOR." A person who owns or operates a fixed facility, or a person that owns or operates a mobile carrier as well as any person vested with proprietary or decision-making authority over a fixed facility or mobile carrier.
   "PERSON." An individual, trust, firm, business, corporation, joint stock, company, partnership, consortium, association, cooperative, joint venture, city, county, special district, state or any department or agency thereof, the United States of America or any department or agency thereof, or other commercial or legal entities.
   "RELEASE." Any accidental or intentional, unauthorized or non-permitted spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping, or disposing of a hazardous material into or on any site, surface, land, air, water, well, river, lake, reservoir, stream, creek, ditch, sewer, pipe, drainage basin, or other area.
   "RESPONSE." Any actions taken to ensure the preservation and protection of public health, safety, welfare, and the environment, including but not limited to, any mitigation, logistical, remedial, and supporting measures required to safeguard emergency responders, the public, and the environment.
   "RESPONSIBILE PARTY." Any person possessing or controlling a hazardous material at the time of a release, or threatened release, of the hazardous material.
   "THREATENED RELEASE." A factor or circumstance that presents a substantial threat of a release.
(Ord. 2005-2, passed 9-6-05)