§ 32.003 DEFINITIONS.
   The following definitions apply in this chapter:
   CHAIR OF THE BOARD OF COUNTY COMMISSIONERS. The Chair of the Lincoln County Board of County Commissioners or, in case of the Chair's absence or disability, the person authorized to act in the Chair's stead. Unless the Board of Commissioners has specified who is to act in lieu of the Chair with respect to a particular power or duty set out in this chapter, this term shall mean the person generally authorized to act in lieu of the Chair.
   COUNTY-AUTHORIZED EMERGENCY MANAGEMENT PERSONNEL. Any person duly registered, identified and appointed by the coordinator of the county emergency management agency and assigned to participate in the emergency management activity.
   EMERGENCY. An occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made accidental, military, paramilitary, weather-related, public health, explosion-related, riot-related cause, or technological failure or accident, including but not limited to, a cyber-incident, an explosion, a transportation accident, a radiological accident, or a chemical or other hazardous material incident.
   EMERGENCY AREA. The geographical area covered by a state of emergency.
   EMERGENCY MANAGEMENT. Those measures taken by the populace and governments at federal, state, and local levels to minimize the adverse effect of any type emergency, which includes the never-ending preparedness cycle of planning, prevention, mitigation, warning, movement, shelter, emergency assistance, and recovery.
   EMERGENCY MANAGEMENT AGENCY. The Lincoln County agency charged with coordination of all emergency management activities for its jurisdiction.
   HAZARDOUS MATERIALS. Any material defined as a hazardous substance under 29 Code of Federal Regulations, 1910.120(a)(3).
   HAZARDOUS MATERIALS EMERGENCY RESPONSE TEAM or HAZMAT TEAM. An organized group of persons specially trained and equipped to respond to and control actual or potential leaks or spills of hazardous materials.
   HAZARDOUS MATERIALS INCIDENT or HAZARDOUS MATERIALS EMERGENCY. An uncontrolled release or threatened release of a hazardous substance requiring outside assistance by a local fire department or hazmat team to contain and control.
   POLITICAL SUBDIVISION. Counties and incorporated cities, towns, and villages.
   RESPONSIBLE PARTY. A person or entity who causes, directly or indirectly, the release of a hazardous material creating a hazardous materials incident who shall be liable for all reasonable costs incurred in responding to and mitigating the incident pursuant to this chapter, and the Lincoln County fee schedule. In the event that the responsible party cannot be determined or is unable to pay, the owner of or person in possession of hazardous materials at the time of the incident shall be the person liable for such costs.
   STATE OF EMERGENCY. A finding and declaration by the Board of Commissioners or the Chair of the Board of Commissioners, acting under the authority of G.S. § 166A-19.22, that an emergency exists.
(Ord. passed 3-21-2022)