For the purpose of this subchapter, the following definitions shall apply unless the context clearly requires a different meaning.
EMERGENCY RESPONSE AUTHORITY. The Chief of Police of the town or the Chief’s designee(s).
EMERGENCY RESPONSE TO A HAZARDOUS MATERIAL INCIDENT. Taking the initial emergency action necessary to minimize the effects of a hazardous material incident and exercising continuing supervisory authority over all further efforts to eliminate the threat of immediate and irreparable harm to the environment or the public health and safety.
HAZARDOUS MATERIAL. Any substance or material designated as a hazardous material by the United States Department of Transportation according to 49 C.F.R. part 172, as amended; or, any waste material which constitutes a hazardous waste according to 40 C.F.R. part 261, as amended; or any other substance or material including, but not limited to, petroleum products which, in the judgment of the emergency response authority, poses an imminent danger to the public health and safety when involved in a hazardous material incident.
HAZARD MATERIAL INCIDENT.
(1) Any emergency circumstance involving the sudden discharge or imminent discharge of hazardous material which, in the judgment of the emergency response authority, threatens immediate and irreparable harm to the environment or the health and safety of any person other than persons exposed to the risks associated with hazardous materials in the normal course of their employment.
(2) HAZARDOUS MATERIAL INCIDENT does not include any discharge of a hazardous material authorized pursuant to any federal, state or local law or regulation.
PRIVATE PROPERTY. Any property under the control, management or operation of any person other than a governmental entity.
RESIDUE OF THE HAZARDOUS MATERIAL INCIDENT. The residue shall include the hazardous material itself and the soil, pavement, stone, water, debris or any other matter which is contaminated by such hazardous material.
(Prior Code, § 230.2) (Ord. 290, passed 12-2-1982; Ord. 391, passed 8-3-1995; Ord. 578, passed 12-4-2014)