The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
COSTS. Shall mean and include, but is not limited to any of the following:
(1) All costs incurred for remedial actions, to include response, incident assessment, control, containment, abatement, disposal, including cost associated with transportation, temporary storage, permanent storage or disposal of hazardous materials if such transportation, temporary storage, permanent storage or disposal if necessary to control, contain and abate the hazardous materials incident.
(2) Damages for injury to, destruction of or loss of natural resources, as determined by the appropriate local, state or federal agency, including the reasonable costs of assessing such injury, destruction or loss resulting from a hazardous material incident.
(3) Health costs for persons or animals injured from or costs of any health assessment or health effects study carried out as a necessity resulting from a hazardous material incident.
(4) Costs of labor, including benefits, overtime and administrative overhead, for time devoted specifically to the hazardous materials incident including personnel costs to "backfill" when necessary, in order to maintain sufficient personnel for response to other emergencies or requests for service.
(5) Costs of equipment, operation, leasing, repair and replacement where necessary.
(6) Costs of contract labor and equipment.
(7) Costs of labor and equipment, including rental or leased equipment, utilized or contracted by the Town of Melbourne Beach to the extent such labor and equipment is necessary for emergency response, incident assessment, control, containment and abatement of the immediate hazard. Costs for equipment, owned and operated by the Town of Melbourne Beach and owned and operated by a governmental agency shall be those contained in the Federal Emergency Management Agency (FEMA) Schedule of Equipment rates in force at the time of the incident. Rates for equipment not listed in the schedule will be requested from FEMA if necessary. Labor costs of operators are not included in the schedule and shall be considered as separate.
(8) Costs of materials such as sorbents, foam, dispersants, neutralization agents, overpack drums or containers, etc.
(9) Costs of supervision and verification of cleanup and abatement.
HAZARDOUS MATERIAL. Any substance or material defined, listed, characterized or classified as a hazardous material, hazardous substance, hazardous waste or toxic substance according to chapter 38F-41, Florida Administrative Code (the Florida Substance List); title 40 Code of Federal Regulations 261 (Identification and Listing of Hazardous Wastes); title 40 Code of Federal Regulations 3.021.4 (Designation of Hazardous Substances); title 40 Code of Federal Regulations 355, appendices A and B (List of Extremely Hazardous Substances); and title 49 Code of Federal Regulations 172.101 and 172.102 (Hazardous Materials Tables).
HAZARDOUS MATERIAL INCIDENT. Actual or threatened release of hazardous substance or materials, including hazardous waste, which pose an imminent threat to the health, safety or welfare of the population.
HAZARDOUS SUBSTANCE. A substance or material that the United States Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 C.F.R. 172.101), and materials that meet the defining criteria for hazard classes and divisions in 49 C.F.R. 173.
NATURAL RESOURCES. Land, fish, wildlife, biota, air, water, groundwater, drinking water supplies and other such resources belonging to, managed by, held in trust by, appertaining to or otherwise controlled by the county, county agencies and the municipalities.
PERSON. An individual, firm, corporation, association, partnership, commercial entity, commercial, joint venture, governmental entity or any other legal entity.
RECOVERY. A phase of emergency management which restores the site of an incident to pre-emergency conditions.
RELEASE. The accidental or intentional sudden or gradual spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, container and other receptacles containing any hazardous material or substance or waste or pollutant or contaminant).
RESPONSE. A phase of emergency management which occurs during and immediately following an incident, provides emergency assistance to victims of the event, and reduces the likelihood of secondary damage.
RESPONSIBLE PARTY. The person whose negligent or intentional act or omission caus d a release, or the person who owned or had custody or control of the hazardous substance or waste at the time of such release without regard to fault or proximate cause, or the person who owned or had custody or control of the container which held the hazardous substance at the time or immediately prior to such release without regard to fault or proximate cause.
(Ord. 2021-05, adopted 11-17-21)