For the purpose of this subchapter, the following definitions shall apply.
COSTS INCURRED BY THE COUNTY. All costs and expenses of the county incurred in connection with the cleanup or abatement of the release of hazardous materials and shall include but shall not be limited to the following: actual labor costs of the county personnel involved in the isolation, cleanup, or abatement of the release (including worker’s compensation benefits, fringe benefits, and administrative overhead); cost of equipment operation, damage and loss to materials and equipment as determined by the county; cost of materials and rental equipment or county equipment used or consumed by the county or any of its agencies or departments; repairs to equipment or cleanup thereof, necessitated by equipment use in response to a release; and cost of any labor, materials, and equipment provided by the Lake County HAZ MAT Team; other departments providing labor, materials, or services by virtue of any mutual aid agreement or independent contractors.
HAZARDOUS MATERIAL. Any substance or material in a quantity and form determined by the United States Department of Transportation to be capable of posing an unreasonable risk to health and safety or property when transported in commerce or any other substance determined to be hazardous or toxic under the laws of the United States or of this state.
RELEASE. To dump, leak, seep, spill, emit or discharge, or the leakage, seepage, spill, emission, or other discharge, or to create a substantial threat of RELEASE requiring emergency response.
RESPONSIBLE PARTY. A person who:
(1) Owns or has custody of hazardous material that is involved in an incident requiring emergency action by an emergency response agency;
(2) Owns or has custody of bulk or non-bulk packaging or a transport vehicle that contains hazardous material that is involved in an incident requiring emergency action by an emergency response agency; or
(3) Who causes or substantially contributed to the cause of the incident.
(1977 Code, § 3:5-1B) (Ord. passed 3-14-2006)