For the purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a difference meaning.
COSTS. All expenses incurred by the City of Madisonville, the Hazmat 2 regional WMD/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:
(1) Expenses for salaries, overtime and personnel benefits of employees who respond to a hazardous material release or threatened release, including lost wages of paid and volunteer personnel.
(2) 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.
(3) 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.
(4) The logistical expenses incurred for food, lodging, utilities, fuel, services, sanitation, medical surveillance or treatment, evacuation, and rental.
(5) Other personnel, health, medical, safety, operating, support, logistical, maintenance, or administrative expenditures incurred 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 subchapter.
(6) Expenses for contract labor and equipment utilized by the City of Madisonville for emergency response, incident assessment, control, containment, and abatement of the immediate hazard.
(7) Expenses for labor and equipment utilized by the City of Madisonville via a mutual aid agreement for emergency response, incident assessment, control, containment, and abatement of the immediate hazard.
(8) The expenses for laboratory costs for purposes of analyzing samples taken during the release or threatened release.
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 who 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 agents, 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 who 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, a 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.
RESPONSIBLE 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. 07-18, passed 8-20-07)