For the purpose of this article, 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 or the environment from a release or threatened release of any material into or upon land, water or air.
GOVERNMENTAL ENTITY. Includes the City of Humboldt, the Allen County Hazardous Material Response Unit and any entity responding under a mutual aid agreement with the city.
PERSON. Includes any individual, corporation, association, partnership, firm, trustee, legal representative or any combination thereof.
RECOVERABLE EXPENSES. Include the full costs of the responding governmental entity that are reasonable, necessary and allocable to an emergency action. RECOVERABLE EXPENSES shall not include expenditures that are incurred in the course of providing 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 effort devoted specifically to the emergency action;
(3) Rental or leasing of equipment used specifically for the emergency action (e.g., protective equipment or clothing, scientific and technical equipment);
(4) Replacement costs of equipment owned by the governmental entity that is contaminated beyond reuse or repair, if the equipment was a total loss and the loss occurred during the emergency action (e.g., self-contained breathing apparatus irretrievable contaminated during the response);
(5) Decontamination of equipment contaminated during the response;
(6) Special technical services specifically required for the response (e.g., costs associated with the time and efforts of technical experts or specialists not otherwise provide for by the governmental entities);
(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; and
(12) Legal expenses and administrative costs that may be incurred as a result of the emergency action, including efforts to recover expenses pursuant to this article.
RELEASE. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, 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 the environment.
THREATENED RELEASE. Any imminent or impending event potentially causing but not resulting in a release, but causing the governmental entities to undertake an emergency action.
(Prior Code, § 8-801) (Ord. 1246, passed 2-10-1992)